RCRA REVISION CHECKLIST 153

Conditionally Exempt Small Quantity Generator
Disposal Options under Subtitle D 
61 FR 34252-34278
July 1, 1996
(RCRA Cluster VII, HSWA provisions)

States with authorized RCRA programs may have already adopted requirements under State law similar to the provisions addressed by this checklist; however, these States are not authorized to implement these requirements in lieu of EPA until the State modification has been approved.  (As indicated in the checklist, only the changes to §261.5 will be assessed against the Federal program.)  States with such existing standards may continue to administer their standards as a matter of State law, but they need to seek authorization for these provisions.   States, whose requirements are more stringent and do not allow the disposal of wastes generated by CESQGs into Subtitle D landfills under their existing authorized Subtitle D program, would not be required to revise their programs and obtain authorization for the revisions to §261.5.  Instead, the State should inform their EPA Regional Office by letter that for this final rule they are not required to submit an application because the State provision currently in effect is more stringent than the requirement authorized in the July 1, 1996 (61 FR 34252) final rule.  

For a State not to be required to submit a revision authorization application for this checklist, the following must be true:

!	the State must have provisions that are already authorized by EPA,
!	these provisions must be more stringent than the Subtitle C provisions in the final rule addressed by this checklist and not allow the disposal of CESQG waste in Subtitle D landfills, and
!	the State must not change its authorized regulatory language.

Because the provisions in such States are more stringent than those addressed by this checklist, they would continue to apply in that State, even though the Federal provisions are promulgated pursuant to HSWA authority.

	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 WASTES							
	SUBPART A - GENERAL							
	SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS							
	remains unchanged even though included in this rule	261.5(f)(3) intro						
	remains unchanged even though included in this rule	261.5(f)(3)(i)-(iii)						
	replace "or industrial solid waste" with "solid waste and, if managed in a municipal solid waste landfill is subject to Part 258 of this chapter"	261.5(f)(3)(iv)						
	redesignate 261.5(f)(3)(v),  as 261.5(f)(3)(vi); add new paragraph 261.5(f)(3)(v) regarding facilities that are permitted, licensed, or registered by a State to manage non‑municipal non‑hazardous waste that is subject to 257.5 through 257.30	261.5(f)(3)(v)						
	former 261.5(f)(3)(v) becomes 261.5(f)(3)(vi) 	261.5(f)(3)(vi)						
	former 261.5(f)(3)(v)(A)&(B) become 261.5(f)(3)(vi)(A)&(B)	261.5(f)(3)(vi)(A)&(B)						
	former 261.5(f)(3)(vi) becomes 261.5(f)(3)(vii)	261.5(f)(3)(vii)						
	remains unchanged even though included in this rule	261.5(g)(3) intro						
	remains unchanged even though included in this rule	261.5(g)(3)(i)-(iii)						
	replace "or industrial solid waste" with "solid waste and, if managed in a municipal solid waste landfill is subject to Part 258 of this chapter"	261.5(g)(3)(iv)						
	redesignate 261.5(g)(3)(v),  as 261.5(g)(3)(vi); add new paragraph 261.5(g)(3)(v) regarding facilities that are permitted, licensed, or registered by a State to manage non‑municipal non‑hazardous waste that is subject to 257.5 through 257.30	261.5(g)(3)(v)						
	former 261.5(g)(3)(v) becomes 261.5(g)(3)(vi)	261.5(g)(3)(vi)						
	former 261.5(g)(3)(v)(A)&(B) become 261.5(g)(3)(vi)(A)&(B)	261.5(g)(3)(vi)(A)&(B)						
	former 261.5(g)(3)(vi) becomes 261.5(g)(3)(vii)	261.5(g)(3)(vii)