RCRA REVISION CHECKLIST 120
[REVISED]

Wood Preserving; Revisions to
Listings and Technical Requirements
57 FR 61492-61505
December 24, 1992
(RCRA Cluster III, Both HSWA and Non-HSWA provisions)

Note:  This revision checklist terminates the June 13, 1991 (56 FR 27332, withdrawn Revision Checklist 91) administrative stay by amending the F032, F034, and F035 listings and by revising technical requirements for new drip pads.  This checklist amends the impermeability requirement for existing drip pads, replacing it with a specific hydraulic conductivity standard.  The stay promulgated February 18, 1992 (57 FR 5859, withdrawn Revision Checklist 101) no longer applies.  (Note, the preamble to this rule refers to this stay as the February 6, 1992 administrative stay.)  Facilities with existing drip pads must meet this new hydraulic standard before the compliance date set in this rule rather than the October 20, 1992 deadline set in that administrative stay.  States that have adopted Revision Checklists 91 and 101 are encouraged to adopt Revision Checklist 120 as soon as possible.  States that have not yet adopted previous Wood Preserving checklists are strongly encouraged to use the Consolidated Wood Preserving Checklist updated through December 31, 1992.

	FEDERAL REQUIREMENTS	FEDERAL RCRA CITATION	ANALOGOUS STATE CITATION	STATE ANALOG IS:				
				EQUIV-ALENT	LESS
STRIN-
GENT	MORE STRIN-GENT	BROADER IN SCOPE	
	PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE							
	SUBPART D--LISTS OF HAZARDOUS WASTES							
	HAZARDOUS WASTES FROM NON-SPECIFIC SOURCES							
†,1	revise F032, F034, and F035 listings to read as follows:	261.31(a)/table						

Industry and EPA hazardous waste No.	Hazardous waste	Hazard code	
*	*		*		*		*		*		
F032	Wastewaters (except those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that currently use or have previously used chlorophenolic formulations (except potentially cross-contaminated wastes that have had the F032 waste code deleted in accordance with § 261.35 of this chapter or potentially cross-contaminated wastes that are otherwise currently regulated as hazardous wastes (i.e., F034 or F035), and where the generator does not resume or initiate use of chlorophenolic formulations). This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol.	(T)	
F034	Wastewaters (except those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use creosote formulations. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol.	(T)	
F035	Wastewaters (except those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use inorganic preservatives containing arsenic or chromium. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol.	(T)	
*	*		*		*		*		*		

		
2	remove the administrative stay addressed in Footnote 1 of the 261.31 table	261.31(a)/table						
	PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES							
	SUBPART W--DRIP PADS							
	APPLICABILITY							
	change "run-on" to "run-off"; at end of paragraph, add sentence regarding applicability of 264.573(b)(3) leak collection system requirement	264.570(a)						
	add new paragraph; Subpart W requirements not applicable to management of infrequent, incidental drippage in storage yards provided:	264.570(c)						
	owner or operator maintains and complies with a written contingency plan describing how owner or operator will respond immediately to discharge of infrequent and incidental drippage; at a minimum, what the contingency plan must describe	264.570(c)(1)						
		264.570(c)(1)(i)						
		264.570(c)(1)(ii)						
		264.570(c)(1)(iii)						
		264.570(c)(1)(iv)						
	ASSESSMENT OF EXISTING DRIP PAD INTEGRITY							
	delete ", and must document the age of the drip pad to the extent possible, to document compliance with paragraph (b) of this section"	264.571(a)						
3	change "modifications will be" to "modifications are"; change "insufficient" to "in sufficient"; change "263.573" to "264.573"; delete "and must document the age of the drip pad to the extent possible"; delete "All upgrades, repairs, and modifications must be completed in accordance with the following:"	264.571(b)						
	remove subparagraphs	264.571(b)(1)						
		264.571(b)(2)						
		264.571(b)(3)						
	DESIGN AND INSTALLATION OF NEW DRIP PADS							
	insert "new" before "drip pads"; replace "all of the applicable requirements of §§ 264.573, 264.574 and 264.575 of this subpart." with "one of the following:"	264.572						
	add new subparagraph; all of the requirements of 264.573 (except 264.573(a)(4)), 264.574 and 264.575	264.572(a)						
	add new subparagraph; all of the requirements of 264.573 (except 264.573(b)), 264.574 and 264.575	264.572(b)						

	DESIGN AND OPERATING REQUIREMENTS							
4,
5,
6 	remove existing text designated as (a)(4) and note regarding administrative stay for existing drip pads; replace with subparagraph addressing hydraulic conductivity requirements; maintain surface free of cracks and gaps; sealing material must be chemically compatible with preservatives that contact pad; requirements apply to existing drip pads and drip pads of owners/operators electing to comply with 264.572(a)	264.573(a)(4)(i)						
	add new subparagraph; owner or operator must obtain and keep at the facility written assessment of drip pad certified by independent qualified registered engineer; assessment must attest to results of evaluation; assessment must be reviewed, updated and recertified annually; evaluation must document extent to which drip pad meets 264.573 (except 264.573(b)) design and operating standards	264.573(a)(4)(ii)						
7	replace existing introductory sentence with: "If owner/operator elects to comply with § 264.572(b) instead of § 264.572(a), the drip pad must have:"	264.573(b)						
	add new subparagraph; leakage collection system immediately above the liner designed, constructed, maintained and operated to collect leakage from below the drip pad; date, time and quantity of leakage collected must be documented in operating log	264.573(b)(3)						
	replace "at least once every seven days" with "in a manner and frequency"; replace phrase addressing the types of cleaning techniques with phrase addressing proper management of residues and weekly inspections of entire drip pad surface; at end add new sentence requiring owner/operator to determine whether residues are hazardous under 262.11 and, if so, manage according to Parts 261-268, 270 and RCRA §3010	264.573(i)						

	PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES							
	SUBPART W--DRIP PADS							
	APPLICABILITY							
	change "run-on" to "run-off"; delete comma after first occurrence of "1990"; delete "generated" after first occurrence of "operator has"; at end of paragraph, add sentence regarding applicability of 265.443(b)(3) leak collection system requirement	265.440(a)						
	add new paragraph; Subpart W requirements not applicable to management of infrequent, incidental drippage in storage yards provided:	265.440(c)						
	owner or operator maintains and complies with a written contingency plan describing how owner or operator will respond to discharge of infrequent and incidental drippage; at a minimum, what the contingency plan must describe	265.440(c)(1)						
		265.440(c)(1)(i)						
		265.440(c)(1)(ii)						
		265.440(c)(1)(iii)						
		265.440(c)(1)(iv)						

	ASSESSMENT OF EXISTING DRIP PAD INTEGRITY							
	delete "justify and" after "The evaluation must"; delete ", and must document the age of the drip pad to the extent possible, to document compliance with paragraph (b) of this section"	265.441(a)						
	add comma after first occurrence of "this subpart"; change "modifications will be" to "modifications are"; delete "and must document the age of the drip pad to the extent possible"; delete "," after "265.443 of this subpart"; delete comma after "qualified"; delete "All upgrades, repairs, and modifications must be completed in accordance with the following:"	265.441(b)						
	remove subparagraphs	265.441(b)(1)						
		265.441(b)(2)						
		265.441(b)(3)						
	DESIGN AND INSTALLATION OF NEW DRIP PADS							
	replace "all of the applicable requirements of §§ 265.443, 265.444 and 265.445 of this subpart." with "one of the following:"	265.442						
	all of the applicable requirements of 265.443 (except 265.443(a)(4)), 265.444 and 265.445	265.442(a)						
	all of the applicable requirements of 265.443 (except 265.443(b)), 265.444 and 265.445	265.442(b)						
	DESIGN AND OPERATING REQUIREMENTS							
,
8 	remove existing text designated as 265.443(a)(4) and remove two notes regarding administrative stays for new and existing drip pads; replace with new subparagraph regarding hydraulic conductivity requirements; maintain surface free of cracks and gaps; surface material must be chemically compatible with preservatives that contact pad; requirements apply to existing drip pads and drip pads of owners/operators electing to comply with 265.442(a)	265.443(a)(4)(i)						
	add new subparagraph; owner or operator must obtain and keep at the facility a written assessment of drip pad certified by independent qualified registered engineer; assessment must attest to results of evaluation; assessment must be reviewed, updated and recertified annually; evaluation must document extent to which drip pad meets 265.443 (except 265.443(b)) design and operating standards	265.443(a)(4)(ii)						
9	replace existing introductory sentence with "If an owner/operator elects to comply with § 265.442(b) instead of § 265.442(a), the drip pad must have:"	265.443(b)						
	add new subparagraph; leakage collection system immediately above the liner designed, constructed, maintained and operated to collect leakage from below the drip pad for removal; date, time and quantity of leakage collected must be documented in operating log	265.443(b)(3)						
	replace "at least once every seven days" with "in a manner and frequency"; replace phrase addressing the types of cleaning techniques with phrase addressing proper management of residues and weekly inspections of entire drip pad surface	265.443(i)