RCRA REVISION CHECKLIST 167 E

Bevill Exclusion Revisions and Clarifications
63 FR 28556-28753
May 26, 1998
(RCRA Cluster VIII, non-HSWA provisions)

Note that on page 63 FR 28600, Column 1 of the May 26, 1998 final rule (63 FR 28556; Revision Checklist 167), it is stated that EPA “is revoking five remanded waste listings (K064, K065, K066, K090 and K091) because there is a lack of information demonstrating threats to human health or the environment that would justify a listing at this time”.  However, the Agency did not amend 40 CFR 261.32 (listings of hazardous wastes from specific sources) to remove the remanded wastes.  EPA intends to issue a technical correction in the future, that will include an amendment to remove K064, K065, K066, K090 and K091 from 40 CFR 261.32.  Note that these five K wastes will still be regulated under RCRA Subtitle C if they exhibit a hazardous waste characteristic.

	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 A - GENERAL							
	DEFINITION OF HAZARDOUS WASTE							
	following “identified in subpart C”, replace “except that” with “of this part.  However,”; following “under subpart C”, replace “of this part” with “is a hazardous waste”; in second sentence, insert a comma following “had not occurred”	261.3(a)(2)(i)						
	remains unchanged even though included in this rule 	261.3(a)(2)(iii)						
	EXCLUSIONS							
†	revise  261.4(b)(7) as 261.4(b)(7), (b)(7)(i), & (b)(7)(ii); new 261.4(b)(7) is now unchanged first sentence of old 261.4(b)(7)	261.4(b)(7) intro						
†	new 261.4(b)(7)(i) is second sentence of old 261.4(b)(7) with the following revisions: delete comma following “§261.4(b)(7)”; replace colon following “activities” with a semicolon; use lower case with “crushing”	261.4(b)(7)(i)						
†	new 261.4(b)(7)(ii) is third sentence of old 261.4(b)(7) with the following revisions: replace “For the purpose” with “For the purposes”; insert “as generated” after “the following wastes”	261.4(b)(7)(ii)						
†	redesignate old 261.4(b)(7)(i) - (xx) as 261.4(b)(7)(ii)(A) - (T)	261.4(b)(7)(ii)(A) - (T)						
†	add new paragraph; a residue derived from co-processing mineral processing secondary materials with normal beneficiation raw materials remains excluded under 261.4(b) if owner/operator meets specified conditions	261.4(b)(7)(iii)						
		261.4(b)(7)(iii)(A)						
		261.4(b)(7)(iii)(B)