RCRA REVISION CHECKLIST 169
	
Petroleum Refining Process Wastes
63 FR 42110-42189
August 6, 1998
(RCRA Cluster IX, HSWA/Non-HSWA provisions)

Notes:  1)  The revisions to 40 CFR 261.32, Part 261 Appendix VII, 268.35 and 268.40 are promulgated pursuant to HSWA.  These regulations become effective on the Federal effective date in all States.  The revision to 40 CFR 266.100 is promulgated pursuant to HSWA, but it is optional for adoption.  The revisions to 40 CFR Part 261.3, 261.4, and 261.6 are promulgated relative to non-HSWA authority.   The non-HSWA revisions related to the exclusions from the definition of solid waste of certain oil-bearing hazardous secondary material from petroleum refining and certain recovered oils from associated petrochemicals are optional.   The addition of 40 CFR 261.4(a)(19) is a clarifying change and States are not required to make it because they do not need further authorization to interpret their regulations in accordance with this clarification.  Those provisions designated as HSWA are identified by a "Ë" (diamond symbol) in this checklist.

2) A technical correction was made to this rule at 64 FR 36365 (June 8, 2000; Revision Checklist 187).  States are encouraged to adopt the technical correction at the same time that the Revision Checklist 169 provisions are adopted.

	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							
†	insert “, provided that the wastes...separation” after “§ 261.32”; insert “crude oil storage tank sediment ... (EPA Hazardous Waste No. K172)” after “(EPA Hazardous Waste No. K050)"	261.3(a)(2)(iv)(C)						
†,	replace “§ 261.6(a)(3)(iv) through (vi) “with “§ 261.6(a)(3)(iii) and (iv)”	261.3(c)(2)(ii)(B)						
†	add new subparagraph; catalyst inert support media separated from wastes listed in § 261.32 – Spent hydrotreating catalyst and spent hydrorefining catalyst 	261.3(c)(2)(ii)(E)						
	EXCLUSIONS							
†,	completely revise 261.4(a)(12) as 261.4(a)(12)(i)&(ii); oil-bearing hazardous secondary materials generated at petroleum refinery and inserted into the refining process unless the material is placed on land or speculatively accumulated before recycled; non-characteristic materials inserted into thermal cracking units; oil-bearing hazardous secondary materials inserted into same refinery where generated, or sent directly to another refinery; oil-bearing hazardous secondary materials generated elsewhere in petroleum industry are not excluded; residuals generated from materials excluded under 261.4(a)(12)(i) that would have otherwise met listing under 261 subpart D, are designated as F037 listed wastes when disposed of or intended for disposal	261.4(a)(12)(i)						
†,	recovered oil recycled in same manner and conditions as in 261.4(a)(12)(i); recovered oil is oil reclaimed from secondary materials generated from normal petroleum industry practices; recovered oil does not include oil-bearing hazardous wastes listed in 261 subpart D, however, oil recovered from such wastes may be considered recovered oil; recovered oil does not include used oil as defined in 279.1	261.4(a)(12)(ii)						
†	add new paragraph; petrochemical recovered oil from associated organic chemical manufacturing facility, where oil is inserted into refining process with normal process streams provided:	261.4(a)(18)						
†	oil is hazardous only because it exhibits characteristic of ignitability and/or toxicity for benzene; and	261.4(a)(18)(i)						
†	oil generated is not placed on land or speculatively accumulated before recycled; definitions of “associated organic chemical manufacturing facility”and “petrochemical recovered oil”	261.4(a)(18)(ii)						
†	add new paragraph; spent caustic solutions from petroleum refining liquid treating processes used as feedstock to produce cresylic or naphthenic acid unless material is placed on land or accumulated speculatively as defined in 261.1(c)	261.4(a)(19)						
	REQUIREMENTS FOR RECYCLABLE MATERIALS							
†	at end of paragraph, replace “; and” with a period	261.6(a)(3)(iv)(C)						
†,	remove	261.6(a)(3)(v)						
	SUBPART D – LISTS OF HAZARDOUS WASTES							
	HAZARDOUS WASTES FROM NON-SPECIFIC SOURCES							
†,	revise entry for F037; remove colon after “those generated in”; replace period with a comma after “receiving dry weather flow”; use lower case with “Sludge”; add new sentence to end of description regarding the inclusion of excluded residuals generated from processing or recycling oil-bearing hazardous secondary materials if to be disposed	261.31(a)						

	HAZARDOUS WASTES FROM SPECIFIC SOURCES							
Ë	add following waste streams to subgroup “Petroleum refining”, in alphanumeric order	261.32						
	Industry and EPA hazardous waste No.	Hazardous Waste					Hazard code	
	Petroleum refining:

K169 ...................... Crude oil storage tank sediment from petroleum refining operations	(T)
K170 ...................... Clarified slurry oil tank sediment and/or in-line filter/separation solids from petroleum refining operations	(T)
K171 ...................... Spent Hydrotreating catalyst from petroleum refining operations, including guard beds used to desulfurize 	(I,T)
        feeds to other catalytic reactors (this listing does not include inert support media).
K172 ...................... Spent Hydrorefining catalyst from petroleum refining operations, including guard beds used to desulfurize	(I,T)
        feeds to other catalytic reactors (this listing does not include inert support media).
							
	APPENDIX VII TO PART 261							
	BASIS FOR LISTING HAZARDOUS WASTE							
Ë	add to appendix in alphanumeric order, the following waste streams to subgroup “Petroleum refining” 	261 Appendix VII						
	EPA hazardous waste No.	Hazardous constituents for which listed						
	
K169 ...................... Benzene.
K170 ...................... Benzo(a)pyrene, dibenz(a,h)anthracene, benzo(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoranthene, 3-		        methylcholanthrene, 7,12-dimethylbenz(a)anthracene.
K171 ...................... Benzene, arsenic.
K172 ...................... Benzene, arsenic.
							
	PART 266 – STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES							
	SUBPART H – HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES							
	APPLICABILITY							
Ë,†,,	replace “261.6(a)(3)(iv) through (vi)” with “261.6(a)(3)(iii) and (iv)”	266.100(b)(3)						
	PART 268 – LAND DISPOSAL RESTRICTIONS							
	SUBPART C – PROHIBITIONS ON LAND DISPOSAL							
	WASTE SPECIFIC PROHIBITIONS-PETROLEUM REFINING WASTES							
Ë,	add new paragraph; effective February 8, 1999, wastes K169-K172, soils and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soils and debris contaminated with  radioactive wastes mixed with these wastes are prohibited from land disposal	268.35(a)						
Ë	add new paragraph; requirements of 268.35(a) do not apply if:	268.35(b) intro						
Ë	wastes meet treatment standards specified in 268 subpart D;	268.35(b)(1)						
Ë	exemption from a prohibition pursuant to petition granted under 268.6, with respect to wastes and units covered by the petition;	268.35(b)(2)						
Ë	wastes meet treatment standards established pursuant to petition granted under 268.44;	268.35(b)(3)						
Ë	hazardous debris meeting treatment standards in 268.40 or alternative treatment standards in 268.45; or	268.35(b)(4)						
Ë	extension to effective date of prohibition granted pursuant to 268.5, with respect to wastes covered by extension	268.35(b)(5)						
Ë	add new paragraph; to determine if hazardous wastes identified in 268.35 exceeds 268.40 treatment standards, initial generator must test waste, or use knowledge of waste; if waste contains constituents in excess of UTS levels of 268.48, waste is prohibited from land disposal, and all requirements of part 268 are applicable, except as otherwise specified	268.35(c)						
	SUBPART D – TREATMENT STANDARDS							
	APPLICABILITY OF TREATMENT STANDARDS							
Ë,	add in alphanumeric order new entries for K169, K170, K171, and K172 as shown at 63 FR 42187	268.40/Table