MODEL REVISION ATTORNEY GENERAL'S STATEMENT FOR FINAL
AUTHORIZATION FOR CHANGES TO THE FEDERAL
RCRA PROGRAM FROM JANUARY 1983 THROUGH
JUNE 1998

I hereby certify, pursuant to my authority as _______________ and in accordance with Section 3006(b) of the Resource Conservation and Recovery Act, as amended by the Hazardous and Solid Waste Amendments of 1984 (42 USC 6901 et seq.), and 40 CFR 271 that in my opinion the laws of the State [Commonwealth] of _______________ provide adequate authority to carry out the revised program set forth in the revised "Program Description" submitted by the [State Agency].  The specific authorities provided are contained in statutes or regulations lawfully adopted at the time this Statement is signed and which are in effect now [shall be fully effective by _______________], as specified below.  These authorities and this certification supplement [or supercede (and indicate how supercede)] the previously certified authorities described in my [or my predecessors] certification(s) of _____________ (date or dates).

Please add an explanation of how the Revision Attorney General's Statement you are submitting relates to any prior Attorney General's Statements you have submitted.

I.  IDENTIFICATION AND LISTING

	A.  State statutes and regulations contain lists of hazardous wastes which encompass all wastes controlled under the following Federal regulations as indicated in the designated Revision Checklists:

	(1)	Chlorinated aliphatic hydrocarbons, 40 CFR 261.31 and Part 261 Appendices VII and VIII as amended February 10, 1984 [49 FR 5308], Revision Checklist 4.

    	(2)	[OPTIONAL:  This is a reduced requirement.]  Warfarin and zinc phosphide listing, 40 CFR 261.33(e) and (f) as amended May 10, 1984 [49 FR 19923], Revision Checklist 7.

	(3)	TDI, DNT and TDA wastes, 40 CFR 261.32, 261.33(f), and Part 261 Appendices III, VII and VIII as amended October 23, 1985 [50 FR 42936], Revision Checklist 18.

	(4)	Spent solvents, 40 CFR 261.31, as amended December 31, 1985 [50 FR 53319] and January 21, 1986 [51 FR 2702], Revision Checklist 20.

	(5)	EDB wastes, 40 CFR 261.32 and Part 261 Appendices III and VII, as amended February 13, 1986 [51 FR 5330], Revision Checklist 21.

	(6)	Four spent solvents, 40 CFR 261.31, 261.33(f), and Part 261 Appendices III, VII and VIII as amended February 25, 1986 [51 FR 6541], Revision Checklist 22.

	(7)	[OPTIONAL:  This is a reduced requirement.]  Listing of spent pickle liquor from steel finishing operations, 40 CFR 261.32, as amended May 28, 1986 [51 FR 19320] and September 22, 1986 [51 FR 33612], Revision Checklist 26.

	(8)	Listing of commercial chemical products and Appendix VIII constituents, 40 CFR 261.33 and Part 261 Appendix VIII, as amended August 6, 1986 [51 FR 28296], Revision Checklist 29; as amended July 10, 1987 [52 FR 26012], Revision Checklist 41; and as amended April 22, 1988 [53 FR 13382], Revision Checklist 46.

	(9)	EBDC wastes, 40 CFR 261.32 and Part 261 Appendices III and VII, as amended on October 24, 1986 [51 FR 37725], Revision Checklist 33.

	(10)	Listing of spent potliners from aluminum reduction (K088), 40 CFR 261.32 and Part 261 Appendix VII, as amended September 13, 1988 [53 FR 35412], Revision Checklist 53.

	(11)	[OPTIONAL:  This is a reduced requirement.]  Generic delisting of iron dextran (CAS No. 9004‑66‑4), 40 CFR 261.33(f) and Part 261 Appendix VIII, as amended October 31, 1988 [53 FR 43878], Revision Checklist 56.

	(12)	[OPTIONAL:  This is a reduced requirement.]  Generic delisting of strontium sulfide (CAS No. 1314‑96‑1), 40 CFR 261.33(e) and Part 261 Appendix VIII, as amended October 31, 1988 [53 FR 43881] and February 25, 1991 [56 FR 7567], Revision Checklists 57 and 86.

(13)	Listing of two wastes (K131 and K132) generated during the production of methyl bromide, 40 CFR 261.32 and 261 Appendices III and VII, as amended October 6, 1989 [54 FR 41402], Revision Checklist 68.

(14)	Listing of one generic category (F025) of waste generated during the manufacture of chlorinated aliphatic hydrocarbons by free radical catalyzed processes and amending F024, 40 CFR 261.31 and 261 Appendix VII; adding one toxicant to 261 Appendix VIII; as amended December 11, 1989 [54 FR 50968], Revision Checklist 69.

	(15)	[OPTIONAL:  This is a reduced requirement.]  Amendments to the F019 hazardous waste listing to exclude wastewater treatment sludges from zirconium phosphating in aluminum can washing, when such phosphating is an exclusive conversion coating process, 40 CFR 261.31, as amended February 14, 1990 [55 FR 5340], Revision Checklist 72.

	(16)	Listing of four wastes (K107-K110) generated during the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides, 40 CFR 261.31 and Part 261 Appendices III and VII, as amended May 2, 1990 [55 FR 18496], Revision Checklist 75.

	(17)	Listing of one waste (F039), 40 CFR 261.31 and Part 261 Appendix VII, as amended June 1, 1990 [55 FR 22520] and January 31, 1991 [56 FR 3864], Revision Checklists 78 and 83.

	(18)	Listing of two wastes (F037 and F038) generated in the separation of oil/water/solids from petroleum refinery process wastewaters and oily cooling wastewaters, 40 CFR 261.31 and Part 261 Appendix VII, as amended November 2, 1990 [55 FR 46354] and December 17, 1990 [55 FR 51707], Revision Checklist 81.

	(19)	Listing of three wastes (F032, F034 and F035) from wood preserving operations that use chlorophenolic, creosote and/or inorganic (arsenical and chromium) preservatives, 40 CFR 261.31, and 261 Appendices III, VII and VIII, as amended December 6, 1990 [55 FR 50450], Revision Checklist 82. 

	(20)	[OPTIONAL:  This is a reduced requirement.]  Administrative stay removing, from the K069 listing, slurries generated from air pollution control devices that are intended to capture acid gases and are not dedicated chiefly to control particulate air emissions, 40 CFR 261.32, as amended May 1, 1991 [56 FR 19951], Revision Checklist 88.

	(21)	[OPTIONAL:  This is a reduced requirement.]  Redefinition of F037 and F038 listings to exclude 1) sludges from non-contact once-through cooling waters from both listings and 2) floats generated in aggressive biological treatment units from the F038 listing, 40 CFR 261.31 as amended May 13, 1991 [56 FR 21955], Revision Checklist 89.

(22)	[FOR STATES THAT ADOPTED REVISION CHECKLIST 91 ADMINISTRATIVE STAY.]  State statutes and regulations no longer contain the administrative stay of F032, F034 and F035 listings regarding 1) wastewaters that have not come into contact with process contaminants and 2) plants that have previously used chlorophenolic formulations, 40 CFR 261.31 as amended June 13, 1991 [56 FR 27332] and December 24, 1992 [57 FR 61492], Revision Checklists 91 and 120.

	(23)	Listing of seven wastes (K141, K142, K143, K144, K145, K147, and K148) generated during the production, recovery and refining of coke by-products produced from coal, 40 CFR 261.32, and Part 261 Appendix VII as amended August 18, 1992 [57 FR 37284], Revision Checklist 110.

	(24)	Listing of three wastes (K149, K150, and K151) from the production of chlorinated toluenes, 40 CFR 261.32 and Part 261 Appendix VII, as amended October 15, 1992 [57 FR 47376], Revision Checklist 115.

	(25)	[OPTIONAL:  This is a reduced requirement.]  Exceptions to listings of F032, F034, and F035 for wastewaters that have not come into contact with process contaminants, 40 CFR 261.31 as amended December 24, 1992 [57 FR 61492], Revision Checklist 120.

	(26)	[OPTIONAL:  This is a reduced requirement.]  Exception to listing of F032 for potentially cross-contaminated wastes that are otherwise currently regulated as hazardous wastes (i.e., F034 or F035), and where the generator does not reserve or initiate the use of chlorophenolic formulations, 40 CFR 261.31 as amended December 24, 1992 [57 FR 61492], Revision Checklist 120.

	(27)	Listing of three chemicals from wood surface protection processes, 40 CFR 261 Appendix VIII, as amended January 4, 1994 [59 FR 458], Revision Checklist 128.

	(28)	Listing of Beryllium (P015) is amended to read "Beryllium powder," 40 CFR 261.33, Appendix VIII, as amended June 20, 1994 [59 FR 31551], Revision Checklist 134.

	(29)	Listing of five wastes generated during the production of carbamate chemicals (except to the extent that K156, K157 and K158 include IPBC), plus the listing of 34 commercial chemical products, 40 CFR 261.32, 261.33(e), 261.33(f), Part 261, Appendix VII and Part 261, Appendix VIII, as amended February 9, 1995 [60 FR 7824], April 17, 1995 [60 FR 19165], and May 12, 1995 [60 FR 25619] and affected by Dithiocarbamate Task Force v. EPA, CA DC 95-1249, 11/1/96, Revision Checklist 140.
	
	(30)	[WITHDRAWN--formerly Revision Checklist 165.  On April 9, 1999, the United States Court of Appeals for the District of Columbia in Great Lakes Chemical Corporation versus EPA (Docket No. 98-1312) granted the U.S. Government’s motion for a voluntary vacatur of the rules addressed by Revision Checklist 165.  Because of this vacatur, EPA has withdrawn this revision checklist.  Note that the final rule published August 10, 1998 (63 FR 42580), is also vacated as it only clarified that the typographical errors made in the May 4, 1998 (63 FR 24596) rule were corrected by the June 29, 1998 rule (63 FR 35147).]
	B.  State statutes and regulations define hazardous waste so as to control the generation, transportation, treatment, storage and disposal of hazardous waste produced by small quantity generators of between 100 and 1000 kilograms/month as indicated in Revision Checklist 23 (which supercedes prior amendments by Revision Checklist 17 A) and Revision Checklist 47 (providing technical corrections to Checklist 23).  State statutes and regulations also require small quantity generators to certify good faith efforts to minimize waste generation and to select the best available and affordable treatment, storage or disposal alternatives, 40 CFR Part 262 as amended October 1, 1986 [51 FR 35190], Revision Checklist 32 (see Item IX below).

Federal Authority:  RCRA §3001(d); 40 CFR Parts 260‑263 and 270 as amended March 24, 1986 (51 FR 10146), October 1, 1986 (51 FR 35190), and July 19, 1988 (53 FR 27162).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	C.  [This requirement applies only if States have a delisting mechanism.  This requirement is NOT OPTIONAL for such States.]  State statutes and regulations provide authority to delist hazardous waste as indicated in Revision Checklist 17 B.

	(1)	State statutes and regulations require that before deciding to delist a waste, the State must consider whether any listing factor (including additional constituents) other than those for which the waste was listed would cause the waste to be hazardous.

Federal Authority:  RCRA §3001(f)(1); 40 CFR 260.22 as amended July 15, 1985 (50 FR 28702) and June 27, 1989 (54 FR 27114).

	(2)  	State statutes and regulations require that there be no new temporary delistings without prior notice and comment.  All temporary delistings received before November 18, 1984 without the opportunity for public comment and full consideration of such comment, shall lapse if not made final by November 8, 1986.

Federal Authority:  RCRA §3001(f)(2); 40 CFR 260.20(d) as amended July 15, 1985 (50 FR 28702).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	D.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations define hazardous waste so as to exclude waste pickle liquor sludge generated by lime stabilization, but only to the extent that such waste is excluded by 40 CFR 261.3(c)(2), as indicated in Revision Checklist 8.

Federal Authority:  RCRA §3001; 40 CFR 261.3(c) as amended June 5, 1984 (49 FR 23284).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	E.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations define hazardous waste so as to not exclude household waste other than those household wastes excluded in 40 CFR 261.4(b)(1), as indicated in Revision Checklists 9 and 17 C.
Federal Authority:  RCRA §3001; 40 CFR 261.4(b)(1) as amended November 13, 1984 (49 FR 44980) and July 15, 1985 (50 FR 28702).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	F.  State statutes and regulations incorporate the second edition and updates to "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (SW‑846) as indicated in Revision Checklists 11 and 35.

Federal Authority:  RCRA §§2002, 3001; 40 CFR 260.11, 260.21 and 270.6(a) as amended December 4, 1984 (49 FR 47390) and March 16, 1987 (52 FR 8072).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	G.  State statutes and regulations define solid wastes to include the hazardous components of radioactive mixed wastes, July 3, 1986 [51 FR 24504].  See State Program Advisory (SPA) #2.

Federal Authority:  RCRA §§1004(27) and 3001(b).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	H.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations exempt (with certain limitations) waste samples used in small scale treatability studies from Subtitle C regulation as indicated in Revision Checklist 49.

Federal Authority:  RCRA §3001; 40 CFR 260.10 and 261.4(e)&(f) as amended July 19, 1988 (53 FR 27290).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	I.  State statutes and regulations exclude from the mining waste exemption the six wastes listed at 40 CFR 261.4(b)(7)(i) through 261.4(b)(7)(vi), as indicated in Revision Checklist 53.

Federal Authority:  RCRA §3001(b); 40 CFR 261.4(b)(7) as amended September 13, 1988 (53 FR 35412).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	J.  State statutes and regulations that:

	(1)	provide final criteria to define Bevill-excluded mineral processing wastes, finalize the Bevill status of nine mineral processing waste streams, and list those mineral processing wastes subject to conditional retention as indicated in Revision Checklist 65.

Federal Authority:  RCRA §3001(b); 40 CFR 261.3 and 261.4 as amended September 1, 1989 (54 FR 36592).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	(2)	remove five conditionally retained mineral processing wastes from the exemption from hazardous waste regulation under the Bevill exclusion, and amend the definitions of "beneficiation" and "designated facility" as indicated in Revision Checklists 71 and 90.

Federal Authority:  RCRA §3001(b)(3)(A)(ii); 40 CFR 260.10 and 261.4(b)(7) as amended January 23, 1990 (55 FR 2322) and June 13, 1991 (56 FR 27300).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	K.  State statutes and regulations incorporate 47 new testing methods as approved methods for use in meeting the regulatory requirements under Subtitle C of RCRA as indicated in Revision Checklists 67 and 73.

Federal Authority:  RCRA §§3001, 3004, 3005, and 3006; 40 CFR 260.11 and Part 261 Appendix III as amended September 29, 1989 (54 FR 40260) and March 9, 1990 (55 FR 8948).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	L.  State statutes and regulations revise the existing toxicity characteristic by replacing the Extraction Procedure (EP) leach test with the Toxicity Characteristic Leaching Procedure (TCLP) for identifying wastes that are defined as hazardous and subject to regulation under Subtitle C of RCRA as indicated in Revision Checklists 74, 108 and 117B.  State statutes and regulations also provide for the addition of 25 organic chemicals and their regulatory levels to the list of toxic constituents of concern as indicated in Revision Checklist 74.

Federal Authority:  RCRA §§1006, 2002(a), 3001, 3002, 3004, 3005 and 3006; 40 CFR Parts 261, 264, 265 and 268 as amended March 29, 1990 (55 FR 11798), June 29, 1990 (55 FR 26986), June 1, 1992 (57 FR 23062), and July 10, 1992 (57 FR 30657).
  
Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	M.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations contain the language to result in consistent interpretation of the criteria for listing wastes as hazardous under RCRA as indicated in Revision Checklist 76.

Federal Authority:  RCRA §3001(a); 40 CFR 261.11(a)(3) as amended May 4, 1990 (55 FR 18726).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	N.  State statutes and regulations add eight new testing methods to the section of regulations that incorporates these methods by reference as indicated in Revision Checklist 79.

Federal Authority:  RCRA §§3001, 3004, 3005 and 3006; 40 CFR 260.11(a) as amended June 21, 1990 (55 FR 25454).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	O.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations establish January 25, 1993 as the compliance date for the Toxicity Characteristic requirements for produced ground water from free phase hydrocarbon recovery operations at certain petroleum industry sites (refineries, marketing terminals, and bulk plants) as indicated in Revision Checklist 80.  The extension for infiltration galleries at such operations ended on October 2, 1991.

Federal Authority:  5 U.S.C. §§553 and 705; RCRA §3001; 40 CFR 261.4(b)(11) as amended October 5, 1990 (55 FR 40834), February 1, 1991 (56 FR 3978) and April 2, 1991 (56 FR 13406).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	P.  State statutes and regulations include definitions of oil/water/solids and aggressive biological treatment units and a statement concerning the point of generation for F037 and F038 sludges as indicated on Revision Checklist 81.

Federal Authority:  RCRA §3001; 40 CFR 261.31(b) as amended November 2, 1990 (55 FR 46354) and December 17, 1990 (55 FR 51707).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	Q.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations exclude from being a solid waste spent wood preserving solutions that have been used and are reclaimed and reused for their original intended purpose as indicated in Revision Checklists 82 and 92.

Federal Authority:  RCRA §3001; 40 CFR 261.4(a)(9) as amended December 6, 1990 (55 FR 50450) and July 1, 1991 (56 FR 30192).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	R.  State statutes and regulations allow deletion of certain hazardous waste codes following equipment cleaning and replacement, provided that the requirements of 261.35 are met, as indicated in Revision Checklists 82 and 92.

Federal Authority:  RCRA §3001; 40 CFR 261.35 as amended December 6, 1990 (55 FR 50450) and July 1, 1991 (56 FR 30192).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	S.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations which exclude from being hazardous used chlorofluorocarbon (CFC) refrigerants from totally enclosed transfer equipment (including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems) that use chlorofluorocarbons as the heat transfer fluid in the refrigeration cycle, provided the refrigerant is reclaimed for further use as indicated in Revision Checklist 84.

Federal Authority:  RCRA §3001; 40 CFR 261.4(b)(12) as amended February 13, 1991 (56 FR 5910).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	T.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations exclude from being a solid waste coke and coal tar from the iron and steel industry that contains or is produced from decanter tank tar sludge, EPA hazardous waste K087, when used as a fuel as indicated in Revision Checklist 85.  The process producing the coke and coal tar from such decanter tank tar sludge in a coke oven is also excluded from regulation.

Federal Authority:  RCRA §3001; 40 CFR 261.4(a)(10) as amended February 21, 1991 (56 FR 7134).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	U.  State statutes and regulation do not exclude residues, derived from the burning or processing of hazardous waste in a boiler or industrial furnace, from the definition of a hazardous waste under 40 CFR 261.4(b)(4),(7)or(8) unless the device and the owner or operator meet the requirements of 40 CFR 266.112 as indicated in Revision Checklist 85.

Federal Authority:  RCRA §3001; 40 CFR 261.4(b)(4), 261.4(b)(7), 261.4(b)(8) and 266.112 as amended February 21, 1991 (56 FR 7134).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	V.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations which exclude from being a hazardous waste certain nonwastewater residues resulting from high temperature metals recovery of K061 provided the conditions in 261.3(c)(2)(ii)(C) are met as indicated in Revision Checklist 95.

Federal Authority:  RCRA §§3001, 3004(d)-(k) and (m); 40 CFR 261.3(c)(2)(ii)(C) as amended August 19, 1991 (56 FR 41164).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	W.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations which exclude from being a solid waste, nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units provided the requirements of 261.4(a)(11) are met as indicated in Revision Checklist 95.

Federal Authority:  RCRA §§3001, 3004(d)-(k) and (m); 40 CFR 261.4(a)(11) as amended August 19, 1991 (56 FR 41164).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	X.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations exempt, from the definition of hazardous, used oil filters meeting the 40 CFR 261.4(b)(15) criteria as indicated in Revision Checklists 104 and 107.

Federal Authority:  RCRA §§1004, 1006, 2002, 3001 and 3014; 40 CFR 261.4(b)(15) as amended May 20, 1992 (57 FR 21524) and July 1, 1992 (57 FR 29220).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	Y.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations exclude from being a solid waste K060, K087, K141, K142, K143, K144, K145, K147 and K148, and those coke by-product residues that are hazardous only because they exhibit the Toxicity Characteristic when, subsequent to generation, these wastes are recycled by being returned to coke ovens, to the tar recovery process as a feedstock to produce coal tar, or mixed with coal tar as specified in Revision Checklists 105 and 110.
Federal Authority:  RCRA §§3001(e)(2) and (h); 40 CFR 261.4(a)(10) as amended June 22, 1992 (57 FR 27880) and August 18, 1992 (57 FR 37284).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	Z.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations contain reissued mixture and derived-from rules as indicated in Revision Checklist 117 A.

Federal Authority:  RCRA §§1006, 2002(a), and 3001-3005; 40 CFR 261.3, as amended March 3, 1992 (57 FR 7628), June 1, 1992 (57 FR 23062) and October 30, 1992 (57 FR 49278).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	AA.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations do not require the use of the spike recovery correction as part of the Toxicity Characteristic Leaching Procedure as indicated in Revision Checklist 119.

Federal Authority:  RCRA §§1006, 2002, 3001, 3002 and 3006; 40 CFR 261, Appendix II, as amended November 24, 1992 (57 FR 55114) and February 2, 1993 (58 FR 6854).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	BB.  State statutes and regulations replace the current Second Edition (including Updates I and II) of the "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW‑846, by incorporating by reference the Third Edition (and its first update) of this test methods manual.  Throughout the State's code, references to test methods directly refer to the methods as they are found in SW-846, as indicated in Revision Checklist 126.

Federal Authority:  RCRA §§1006; 2002, 3001, 3002, 3004, 3005, 3006, 3010, and 3014; 40 CFR 260.11(a); 260.22(d)(1)(i); 261.22(a)(1)&(2); 261.24(a); 261 Appendices II, III, and X; 264.190(a); 264.314(c); 265.190(a); 265.314(d); 268.7(a); 268.40(a); 268.41(a); 268 Appendices I & IX; 270.6(a); 270.19(c)(1)(iii)&(iv); 270.62(b)(2)(i)(C)&(D); and 270.66(c)(2)(i)&(ii) as amended August 31, 1993 (58 FR 46040) and September 19, 1994 (59 FR 47980).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	CC.  State statutes and regulations incorporate by reference "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW‑846, the Third Edition (November 1986), as amended by Updates I, II, IIA, and IIB as indicated in Revision Checklists 128, 132, 139, and 141.

Federal Authority:  RCRA §§2002(a), 3001(b), and 3001(e)(1); 40 CFR 260.11(a) as amended January 4, 1994 (59 FR 458), June 2, 1994 (59 FR 28484), January 13, 1995 (60 FR 3089), and April 4, 1995 (60 FR 17001).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	DD.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations increase the quantity and time limits for contaminated media used in treatability studies, as indicated in Revision Checklist 129.

Federal Authority:  RCRA §3001; 40 CFR 261.4(e)(2)(i)&(ii), (e)(3), (f)(3), (f)(4), and (f)(5) as amended February 18, 1994 (59 FR 8362).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	EE.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations exempt, from the definition of hazardous waste, recovered oil meeting the 40 CFR 261.4(a)(12) criteria as indicated in Revision Checklist 135.

Federal Authority:  RCRA §§ 2002 and 3001; 40 CFR 261.3(c)(2)(ii)(B), 261.4(a)(12), 261.6(a)(3)(iv) through (vii), and 266.100(b)(3), as amended July 28, 1994 (59 FR 38536).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	FF.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations which exclude from being hazardous certain wastewaters from the production of carbamates and carbamoyl oximes of K157 provided the conditions in 261.3(a)(2)(iv)(F) are met as indicated in Revision Checklist 140.

Federal Authority:  RCRA §§2002(a), 3001(b) and (e)(1); 40 CFR 261.3(a)(2)(iv)(E)&(F), as amended February 9, 1995 (60 FR 7824) and as affected by Dithiocarbamate Task Force v. EPA, CA DC 95-1249, 11/1/96.

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	GG.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations which exclude from being hazardous certain wastewaters derived from the treatment of one or more wastes listed in 261.32, organic waste from the production of carbamates and carbamoyl oximes of K156, provided the conditions in 261.3(a)(2)(iv)(G) are met as indicated in Revision Checklist 140.

Federal Authority:  RCRA §§2002(a), 3001(b) and (e)(1); 40 CFR 261.3(a)(2)(iv)(G), as amended February 9, 1995 (60 FR 7824) and as affected by Dithiocarbamate Task Force v. EPA, CA DC 95-1249, 11/1/96.

Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General

	HH.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations which exclude from being hazardous biological treatment sludge from the treatment of organic wastes from the production of carbamates and carbamoyl oximes of K156 and wastewaters from the production of carbamates and carbamoyl oximes of K157 as indicated in Revision Checklist 140.

Federal Authority:  RCRA §§2002(a), 3001(b) and (e)(1); 40 CFR 261.3(c)(2)(ii)(D), as amended February 9, 1995 (60 FR 7824) and as affected by Dithiocarbamate Task Force v. EPA, CA DC 95-1249, 11/1/96.

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	II.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations provide that recovered oil excluded from the definition of hazardous waste at 40 CFR 261.4(a)(12) be inserted into the petroleum refining process at or before a point where contaminants are removed as indicated in Revision Checklist 150.

Federal Authority:  RCRA §§2002 and 3001; 40 CFR 261.4(a)(12) as amended March 26, 1996 (61 FR 13103).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	JJ.  State statutes and regulations require that when wastes generated by conditionally exempt small quantity generators are sent to a State permitted, licensed or registered facility, that facility must be subject to 40 CFR Part 258 or §§ 257.5 through 257.30 as specified in Revision Checklist 153.

Federal Authority:  RCRA §3001(d)(4); 40 CFR 261.5(f)(3) & (g)(3) as amended July 1, 1996 (61 FR 34252).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	KK.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations include revisions of the exclusion of scrap metal and circuit boards from RCRA regulation as indicated in Checklist 157.  

Federal Authority:  RCRA §§3001; 40 CFR 261.1(c)(9)-(12), 261.2(c) table 1, 261.4(a)(13), 261.4(a)(14), 261.6(a)(3)(ii) as amended May 12, 1997 (62 FR 25998).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	LL.  State statutes and regulations include required test methods in EPA Publication SW-846 and Third Edition of the EPA Approved Test Methods Manual "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" through Update III and include amendments as indicated in Revision Checklist 158.
Federal Authority:  RCRA §§ 1006, 2002(a), 3001-3007, 3010, 3013-3018, and 7004; 40 CFR Parts 260.11, 264.1034(d)(1)(iii), 264.1034(f), 264.1063(d)(2), Part 264 Appendix IX, 265.1034(d)(1)(iii), 265.1034(f), 265.1063(d)(2), 266.104(e)(1), 266.106(g)(1)&(2), 266.107(f), and 266 Appendix IX, as amended June 13, 1997 (62 FR 32452).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	MM.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations include revisions designed to conform with the Federal appeals court ruling (98 F.3d 1394 (D.C. Cir. 1996)) which invalidated, in part, certain EPA regulations listing certain carbamate wastes as hazardous as indicated in Revision Checklist 159.  
Federal Authority:  RCRA 3001 and 3004; 40 CFR 261.32, 261.33(f), 261 Appendix VII, 261 Appendix VIII, as amended June 17, 1997 (62 FR 32974).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	NN. [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations include an exemption from regulation under RCRA for condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with 40 CFR 63.446(e), as indicated in Revision Checklist 164.  This exclusion is limited to combustion at mills generating the condensate.

Federal Authority:  RCRA §3001; 40 CFR 261.4(a)(15), as amended April 15, 1998 (63 FR 18504).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	OO.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations provide for secondary materials from mineral processing to be co-processed with normal raw materials in beneficiation operations which generate Bevill exempt wastes, without changing the exempt status of the resulting Bevill waste, provided certain conditions are met as indicated in Revision Checklist 167E.

Federal Authority:  RCRA §3001; 40 CFR 261.4(b)(7) as amended May 26, 1998 (63 FR 28556).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	PP.  State statutes and regulations contain clarifying amendments to requirements regarding exclusion of mixtures under 261.4(b)(7) involving Bevill waste, as indicated in Revision Checklist 167E.

Federal Authority:  RCRA §3001; 40 CFR 261.3(a)(2)(i)&(iii) as amended May 26, 1998 (63 FR 28556).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

II.  DEFINITION OF SOLID WASTE

	A.  State statutes and regulations define hazardous waste and impose management standards so as to control all the hazardous waste controlled under 40 CFR Parts 261, 264, 265 and 266 as indicated in Revision Checklists 13 and 37.

Federal Authority:  RCRA §§3001 and 3004; 40 CFR Parts 260, 261, 264, 265, and 266 as amended January 4, 1985 (50 FR 614), April 11, 1985 (50 FR 14216), August 20, 1985 (50 FR 33541) and June 5, 1987 (52 FR 21306).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	B.  State statutes and regulations include as solid waste secondary materials, fed to a halogen acid furnace, that exhibit a characteristic of a hazardous waste or are listed as a hazardous waste in 40 CFR 261, Subparts C and D as indicated in Revision Checklists 85, 96, and 111.

Federal Authority:  RCRA §3001; 40 CFR Part 261.2(d)(2) and (e)(2)(iv) as amended February 21, 1991 (56 FR 7134), August 27, 1991 (56 FR 42504) and August 25, 1992 (57 FR 38558).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	C.  [OPTIONAL:  This is a reduced requirement.] State statutes and regulations allow secondary materials that are recycled back into the secondary production process from which they were generated are excluded from the definition of solid as per 261.2(e)(1)(iii) and indicated in Revision Checklist 137.

Federal Authority:  RCRA §§3001 and 3004; 40 CFR 260.30, 260.30(b), 260.31(a)&(b), 260.32, 260.33, 260.33(a)&(b), and 261.2(e)(1)(iii) as amended September 19, 1994 (59 FR 47982).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	D.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations provide for a conditional exclusion from the definition of solid wastes for mineral processing  spent materials as indicated in Revision Checklist 167D.
			
Federal Authority:  RCRA §3001; 40 CFR 261.2(c)(3), 261.2(c)(4) Table 1, 261.2(e)(1)(iii) and 261.4(a)(16) as amended May 26, 1998 (63 FR 28556).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	E.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations provide for an exclusion from the definition of solid waste for certain materials generated and recycled by the wood preserving industry as indicated in Revision Checklist 167F. 
	
Federal Authority:  RCRA §3001; 40 CFR 261.4(a)(9)(iii) as amended May 26, 1998 (63 FR 28556).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	F.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations exclude from the definition of solid waste fuels which are produced from a hazardous waste, but which are comparable to some currently used fossil fuels, as indicated in Revision Checklist 168.

Federal Authority:  RCRA §§1004, 1006, and 3001; 40 CFR 261.4(a)(16) and 261.38, as amended June 19, 1998 (63 FR 33782).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

III.  MANAGEMENT OF DIOXIN WASTES

	A.  State statutes and regulations contain the following requirements regarding dioxin wastes as indicated in Revision Checklist 14:

	(1)	Dioxin wastes are listed and otherwise identified as hazardous wastes so as to encompass all such wastes controlled under 40 CFR 261.5(e), 261.7(b), 261.30(d), 261.31, 261.33(f), and Part 261 Appendix X.

	(2)	Special management and permitting standards for facilities managing dioxin wastes and prohibitions applicable to permitted and interim status facilities, as provided in 40 CFR Parts 264, 265, and 270.

Federal Authority:  RCRA §§3001 and 3004; 40 CFR Parts 261, 264, 265 and 270 as amended January 14, 1985 (50 FR 1978).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

IV.  SATELLITE ACCUMULATION

	A.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations allow generators to accumulate at the site of generation, without a permit or interim status, as much as 55 gallons of hazardous waste or one quart of acutely hazardous waste provided that the generator complies with the requirements specified in §262.34(c) as indicated in Revision Checklist 12.

Federal Authority:  RCRA §§2002, 3002, 3004 and 3005; 40 CFR 262.34(c) as amended December 20, 1984 (49 FR 49571).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

V.  APPLICABILITY OF INTERIM STATUS STANDARDS

	A.  State statutes and regulations contain the following requirements regarding interim status standards as indicated in Revision Checklists 3 and 10:

	(1)	Interim status standards apply to facilities identified in 40 CFR 265.1(b).

Federal Authority:  RCRA §3004; 40 CFR Part 265 as amended November 22, 1983 (48 FR 52718) and November 21, 1984 (49 FR 46095).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

VI.  PAINT FILTER TEST

	A.  State statutes and regulations require the use of a paint filter test to determine the absence or presence of free liquids in either a containerized or bulk waste as indicated in Revision Checklists 16, 17 F and 25.

Federal Authority:  RCRA §§3004 and 3005; 40 CFR Parts 260, 264, 265, and 270 as amended April 30, 1985 (50 FR 18370), July 15, 1985 (50 FR 28702) and May 28, 1986 (51 FR 19176).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

VII.  NATIONAL UNIFORM MANIFEST SYSTEM AND RECORDKEEPING

	A.  State statutes and regulations require generators to use the national uniform manifest as indicated in Revision Checklists 5 and 32.

Federal Authority:  RCRA §§2002, 3002 and 3003; 40 CFR Parts 260 and 262 as amended March 20, 1984 (49 FR 10490) and October 1, 1986 (51 FR 35190).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	B.  State statutes and regulations require that generators, of between 100 and 1000 kg/mo of hazardous waste, file an exception report in those instances where the generator does not receive confirmation of delivery of his hazardous waste to the designated facility as indicated in Revision Checklist 42.

Federal Authority:  RCRA §§3001(d) and 3002(a)(5); 40 CFR Parts 262.42 and 262.44 as amended September 23, 1987 (52 FR 35894).

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Remarks of the Attorney General

	C.  State statutes and regulations require that the following be recorded, as it becomes available, and maintained in the operating record, until facility closure, as indicated in Revision Checklist 45:  monitoring, testing or analytical data, corrective action where required by Subpart F and §§264.226, 264.253, 264.254, 264.276, 264.278, 264.280, 264.303, 264.309, 264.347, and 264.602.

Federal Authority:  RCRA §§3004 and 3005; 40 CFR 264.73(b) as amended December  10, 1987 (52 FR 46946).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	D.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations include a burden disclosure statement with each uniform manifest form and renew the use of this form as indicated in Revision Checklist 58.

Federal Authority:  RCRA §§2002, 3002, and 3003; 40 CFR 262.20 and Part 262 Appendix as amended November 8, 1988 (53 FR 45089).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	E.  State statutes and regulations require that generators who ship hazardous waste to a designated facility in an authorized state which has not yet obtained authorization to regulate that particular waste as a hazardous waste assure that the designated facility agrees to sign and return the manifest to the generator, and that any out-of-state transporter signs and forwards the manifest to the designated facility, as indicated in Revision Checklist 71.

Federal Authority:  RCRA §§2002, 3002 and 3003; 40 CFR 262.23(e) as amended on January 23, 1990 (55 FR 2322).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	F.  State statutes and regulations incorporate updates to the recordkeeping instructions so that the codes used by hazardous waste treatment, storage and disposal facilities to maintain records on-site match the codes used by these facilities on the Part A Permit Application Form as indicated on Revision Checklist 131.  The new handling codes for Miscellaneous Units and Boilers and Industrial Furnaces, addressed by Checklist 131, are also incorporated into the statutes and regulations.

Federal Authority:  RCRA §§ 3004 and 3005; 40 CFR 264 Appendix I, 265 Appendix I as amended March 24, 1994 (59 FR 13891).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	G.  [OPTIONAL: This is a reduced requirement.]  State statutes and regulations provide that generators and transporters of hazardous waste are exempt from the RCRA manifest system requirements for the transportation of hazardous waste on public or private right-of-ways on or along the border of contiguous properties, under the control of the same person, regardless of whether the contiguous properties are divided by right-of-ways, as indicated in Revision Checklist 156.  

Federal Authority:  RCRA § 3003 and 3004(y); 40 CFR 262.20(f) as amended on February 12, 1997 (62 FR 6622).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

VIII.  BIENNIAL REPORT

	A.  State statutes and regulations contain the following reporting requirements as indicated in Revision Checklists 1 and 30.

	(1)	The biennial report contains the information indicated in 40 CFR 262.41(a), 264.75 and 265.75.

	(2)	Facilities must submit groundwater monitoring data annually to the State Director as indicated in 40 CFR 265.94.

Federal Authority:  RCRA §§3002 and 3004; 40 CFR Parts 262, 264 and 265 as amended January 28, 1983 (48 FR 3977) and August 8, 1986 (51 FR 28566).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

IX.  WASTE MINIMIZATION

	A.  State statutes and regulations contain the following requirements regarding waste minimization as indicated in Revision Checklists 17 D, 30 and 32 (see Item I B above).

	(1)	Generators must submit report and manifest certifications regarding efforts taken to minimize the amounts and toxicity of wastes.

Federal Authority:  RCRA §3002(a)(6), (b); 40 CFR 262.41, 264.75 and 265.75 as amended July 15, 1985 (50 FR 28702), August 8, 1986 (51 FR 28556) and October 1, 1986 (51 FR 35190).

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Remarks of the Attorney General

	(2)	RCRA permits for the treatment, storage, or disposal of hazardous waste on the premises where the waste was generated must contain a certification by the permittee regarding efforts taken to minimize the amount and toxicity of the generated wastes.

Federal Authority:  RCRA §3005(h); 40 CFR 264.70, 264.73 and 270.30(j)(2) as amended July 15, 1985 (50 FR 28702).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

X.  LIQUIDS IN LANDFILLS

	A.  State statutes and regulations contain the following requirements regarding liquids in landfills as indicated in Revision Checklists 17 F and 25.

	(1)	Effective May 8, 1985, there is a ban on the placement of bulk or non‑containerized liquid hazardous waste or hazardous waste containing free liquids in any landfill pursuant to 40 CFR 264.314 and 265.314 as amended July 15, 1985 and May 28, 1986.

	(2)	Effective November 8, 1985, there is a ban on the placement of non‑hazardous liquids in landfills unless the owner or operator satisfies the criteria set forth in 40 CFR 264.314(e) and 265.314(f) as amended July 15, 1985 and May 28, 1986.

	(3)	For bulk or non‑containerized liquid wastes or wastes containing free liquids they may be placed in a landfill prior to May 8, 1985, only if the requirements of 40 CFR 264.314(a) and 265.314(a) are met.
Federal Authority:  RCRA §3004(c); 40 CFR 264.314, 265.314 and 270.21(h) as amended July 15, 1985 (50 FR 28702) and May 28, 1986 (51 FR 19176).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	B.  State statutes and regulations prohibit the disposal, in hazardous waste landfills, of liquids that have been sorbed in materials that are biodegradable or that release liquids during routine landfill operations, as indicated in Revision Checklist 118.

Federal Authority:  RCRA §3004(c); 40 CFR 260.10, 264.13, 264.314, 264.316, 265.13, 265.314, and 265.316 as amended November 18, 1992 (57 FR 54452).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	C.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations provide that OECD 301B (Modified Sturm Test) may also be used to demonstrate that a sorbent is non-biodegradable as indicated in Revision Checklist 145.

Federal Authority:  RCRA §3004(c), 42 U.S.C. 6924(c); 40 CFR 264.314(e)(2)(ii)&(iii), and 265.314(e)(2)(ii)&(iii) as amended July 11, 1995 (60 FR 35703).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

XI.  GROUND‑WATER MONITORING

	A.  State statutes and regulations provide that the §3004 groundwater monitoring requirements applicable to surface impoundments, waste piles, land treatment units and landfills shall apply whether or not such units are located above the seasonal high water table, have two liners and a leachate collection system or have liners that are periodically inspected, as indicated in Revision Checklist 17 I.

Federal Authority:  RCRA §3004(p); 40 CFR 264.222, 264.252, 264.253, and 264.302 as amended July 15, 1985 (50 FR 28702).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	B.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations may allow variances from the ground‑water monitoring requirements as provided in §3004(p).  However, those variances must be restricted as provided in RCRA §3004(p) as indicated in Revision Checklist 17 I.

Federal Authority:  RCRA §3004(p); 40 CFR 264.90(b) as amended July 15, 1985 (50 FR 28702).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	C.  State statutes and regulations provide that with regard to ground‑water monitoring, all land based hazardous waste treatment, storage, and disposal facilities analyze for a specified core list (Part 264, Appendix IX) of chemicals plus those chemicals specified by the Regional Administrator on a site‑specific basis as indicated in Revision Checklist 40.

Federal Authority:  RCRA §§1006, 2002(a), 3001, 3004, and 3005; 40 CFR 264.98, 264.99, Part 264 Appendix IX, and 270.14 as amended July 9, 1987 (52 FR 25942).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	D.  State statutes and regulations specify statistical methods, sampling procedures, and performance standards that can be used in groundwater monitoring procedures to detect groundwater contamination at permitted hazardous waste facilities as indicated in Revision Checklist 55.

Federal Authority:  RCRA §§1006, 2002(a), 3004 and 3005; 40 CFR 264.91, 264.92, 264.97, 264.98 and 264.99 as amended October 11, 1988 (53 FR 39720).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	E.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations allow owners and operators to demonstrate that an alternate hydraulically downgradient monitoring well location will meet 40 CFR 265.91(a)(3)(i)-(iii) criteria as specified in Revision Checklist 99.

Federal Authority:  RCRA §§1006, 2002(a), 3001, 3004, 3005 and 3015; 40 CFR 264.10, and 264.91(a)(3) as amended December 23, 1991 (56 FR 66365).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

XII.  BURNING AND BLENDING OF HAZARDOUS WASTES

	A.  State statutes and regulations provide the following requirements:

	(1)	The burning of fuel containing hazardous waste in a cement kiln is prohibited as specified in 40 CFR 266.31 and Revision Checklist 17 J.

Federal Authority:  RCRA §3004(q); 40 CFR 266.31 as amended July 15, 1985 (50 FR 28702).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	(2)	Fuels containing hazardous waste and all persons who produce, distribute and market fuel containing hazardous wastes must be regulated as indicated in Revision Checklists 17 J, 17 K, and 19.

Federal Authority:  RCRA §§3004(q)‑(s); 40 CFR 261.31 and 266.34 as amended July 15, 1985 (50 FR 28702), November 29, 1985 (50 FR 49164), and November 19, 1986 (51 FR 41900).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	B.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations provide exceptions to the burning and blending of hazardous waste as specified in §§3004(q)(2)(A) and 3004(r)(2) & (3).

Federal Authority:  RCRA §§3004(q)2(A) and 3004(r)(2) & (3).

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Remarks of the Attorney General

XIII.  CORRECTIVE ACTION

	A.  State statutes and regulations contain the following corrective action requirements as indicated in Revision Checklist 17 L:

	(1)	Corrective action is required for releases of hazardous waste or constituents from any solid waste management unit at a facility seeking a permit, regardless of when the waste was placed in the unit, in all permits issued after November 8, 1984.

Federal Authority:  RCRA §3004(u); 40 CFR 264.90, 264.101 and 270.60 as amended July 15, 1985 (50 FR 28702).

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Remarks of the Attorney General

	(2)	Corrective action is required beyond a facility's boundary, in accordance with RCRA §3004(v).  (States now may impose these requirements through a permit or a corrective action order.  Once EPA promulgates the regulations required by RCRA §3004(v), States will need authority to impose corrective action in a permit following the RCRA §3004(v) regulations.)

Federal Authority:  RCRA §3004(v)(1).

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Remarks of the Attorney General

	(3)	Corrective action is required beyond a facility's boundary in accordance with RCRA §3004(v) for all landfills, surface impoundments and waste pile units (including any new units, replacements of existing units or lateral expansions of existing units) which receive hazardous waste after July 26, 1982.

Federal Authority:  RCRA §3004(v)(2).

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Remarks of the Attorney General

	(4)	There is evidence of financial responsibility for corrective action on‑ and off‑site.

Federal Authority:  RCRA §§3004(a)(6); (u); 40 CFR 264.90 and 264.101 as amended July 15, 1985 (50 FR 28702).

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Remarks of the Attorney General

	B.  State statutes and regulations provide for additional information and engineering feasibility plan requirements regarding groundwater contamination detected at the time of Part B permit application as indicated in Revision Checklist 38.

Federal Authority:  RCRA §§3004 and 3005; 40 CFR 270.14 as amended June 22, 1987 (52 FR 23447) and September 9, 1987 (52 FR 33936).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	C.  State statutes and regulations require owners and operators of facilities seeking permits to provide descriptive information on the solid waste management units themselves and all available information pertaining to any releases from the units as indicated in Revision Checklist 44 A.

Federal Authority:  RCRA §3004(u); 40 CFR 270.14 as amended December 1, 1987 (52 FR 45788).

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Remarks of the Attorney General

	D.  State statutes and regulations require that owners and operators of hazardous waste treatment, storage and disposal facilities (including permit‑by‑rule facilities subject to 264.101) institute corrective action beyond the facility boundary to protect human health and the environment, unless the owner/operator is denied access to adjacent lands despite the owner/operator's best efforts, as indicated in Revision Checklist 44 B.

Federal Authority:  RCRA §3004(v); 40 CFR 264.100(e) and 264.101(c) as amended December 1, 1987 (52 FR 45788).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	E.  State statutes and regulations contain the following corrective action requirements for injection wells as indicated in Revision Checklist 44 C.

	(1)	Hazardous waste injection wells now operating under RCRA interim status may retain interim status after issuance of a UIC permit.  Until a RCRA permit or a RCRA "rider" to a UIC permit, which addresses Section 3004(u) corrective action, is issued, the well must comply with applicable interim status requirements imposed by §265.430, Parts 144.146 and 147, and any UIC permit requirements.

Federal Authority:  RCRA §3004(u); 40 CFR 144.1(h) as amended December 1, 1987 (52 FR 45788).

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Remarks of the Attorney General

	(2)	As part of the UIC permit process, available information regarding operating history and condition of the injection well must be submitted as well as any available information on known releases from the well or injection zone.

Federal Authority:  RCRA §3004(u); 40 CFR 144.31(g) as amended December 1, 1987 (52 FR 45788).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	(3)	UIC facility owners/operators must submit certain information related to corrective action with their UIC applications.

Federal Authority:  RCRA §3004(u); 40 CFR 270.60(b)(3) as amended December 1, 1987 (52 FR 45788).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	F.  State statutes and regulations require that miscellaneous units comply with regulations (Subpart F) regarding releases from solid waste management units when necessary to comply with §§264.601 through 264.603 as indicated in Revision Checklist 45.

Federal Authority:  RCRA §3004(u); 40 CFR 264.90(d) as amended December 10, 1987 (52 FR 46946).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	G.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations contain remediation waste management provisions for corrective action management units (CAMUs) and temporary units (TUs) at RCRA facilities, as indicated in Revision Checklist 121.

Federal Authority:  RCRA §§1006, 2002(a), 3004(u), 3004(v), 3005(c), 3007, and 3008(h); 40 CFR 260.10, 264.3, 264.101(b), 264.552, 264.553, 265.1(b), 268.2(c), 270.2 and Appendix I to 270.42, as amended February 16, 1993 (58 FR 8658).

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Remarks of the Attorney General

XIV.  HAZARDOUS WASTE EXPORTS

	A.  State statutes and regulations require generators and transporters of hazardous waste destined for export outside the United States to comply with standards equivalent to those as indicated in Revision Checklists 17 R, 31, 48, and 97 (with the latter providing technical corrections to Checklist 31).

Federal Authority:  RCRA §3017; 40 CFR 262.50 as amended July 15, 1985 (50 FR 28702), August 8, 1986 (51 FR 28664), July 19, 1988 (53 FR 27164), and September 4, 1991 (56 FR 45704).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

XV.  STANDARDS FOR FACILITIES

	A.  State statutes and regulations prohibit the land disposal of hazardous waste prohibited under 40 CFR Parts 264 and 265 as indicated in Revision Checklist 17 E.  Land disposal includes, but is not limited to, placement in landfills, surface impoundments, waste piles, deep injection wells, land treatment facilities, salt dome and bed formations and underground mines or caves.  Deep injection well means a well used for the underground injection of hazardous wastes other than a well to which §3020 of RCRA applies.

Federal Authority:  RCRA §3004(b)‑(q); 40 CFR 264.18 and 265.18 as amended July 15, 1985 (50 FR 28702).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	B.  Effective on November 8, 1984, State statutes and regulations prohibit the placement of any non‑containerized or bulk liquid hazardous waste in any salt dome or salt bed formation any underground mine or cave except as provided in §264.18(c) and §265.18(c) as indicated in Revision Checklist 17 E.  Furthermore, State statutes and regulations prohibit the placement of any other hazardous waste in such formations until a permit is issued.

Federal Authority:  RCRA §3004(b); 40 CFR 264.18 and 265.18 as amended July 15, 1985 (50 FR 28702).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	C.  State statutes and regulations prohibit the use of waste oil or other materials contaminated with hazardous wastes (except ignitible wastes) as a dust suppressant as indicated in Revision Checklist 17 G.

Federal Authority:  RCRA §3004(1); 40 CFR 266.23 as amended July 15, 1985 (50 FR 28702).

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Remarks of the Attorney General

	D.  State statutes and regulations require the permittee to take steps to minimize releases to the environment in accordance with 40 CFR Part 270.30(d) as indicated in Revision Checklist 2.

Federal Authority:  RCRA §3005(c); 40 CFR Part 270 as amended September 1, 1983 (48 FR 39622).

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Remarks of the Attorney General

	E.  State statutes and regulations require that closure and post‑closure requirements and special requirements for containers apply to interim status landfills as indicated in Revision Checklist 15.

Federal Authority:  RCRA §3004; 40 CFR 265.310 and 265.315 as amended April 23, 1985 (50 FR 16044).

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Remarks of the Attorney General

	F.  State statutes and regulations require compliance with closure/post‑closure and financial responsibility requirements applicable to owners and operators of hazardous waste treatment, storage and disposal facilities, as indicated in Revision Checklists 24, 36, and 45. 

Federal Authority:  RCRA §§3004 and 3005; 40 CFR Parts 260, 264, 265, and 270 as amended May 2, 1986 (51 FR 16422), March 19, 1987 (52 FR 8704) and December 10, 1987 (52 FR 46946).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	G.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations allow qualified companies that treat, store or dispose of hazardous waste to use a corporate guarantee to satisfy liability assurance requirements as indicated in Revision Checklists 27 and 43.

Federal Authority:  RCRA §§2002, 3004, and 3005; 40 CFR 264.147, 264.151, and 265.147 as amended July 11, 1986 (51 FR 25350) and November 18, 1987 (52 FR 44314).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	H.  State statutes and regulations require companies that generate, treat or store hazardous waste in tanks to comply with tank standards equivalent to those indicated in Revision Checklists 28 and 52.

Federal Authority:  RCRA §§1006, 2002, 3001 ‑ 3007, 3010, 3014, 3017 ‑ 3019 and 7004; 40 CFR Parts 260, 261, 262, 264, 265, and 270 as amended July 14, 1986 (51 FR 25422), August 15, 1986 (51 FR 29430) and September 2, 1988 (53 FR 34079).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	I.  State statutes and regulations require environmental performance standards; monitoring, testing, analytical data, inspection, response and reporting procedures; and post‑closure care for miscellaneous units as indicated in Revision Checklist 45.

Federal Authority:  RCRA §§3004 and 3005; 40 CFR 264.600, 264.601, 264.602, and 264.603 as amended December 10, 1987 (52 FR 46946).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	J.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations allow owners and operators of landfills, surface impoundments, or land treatment units, under limited circumstances, to remain open after the final receipt of hazardous wastes in order to receive non-hazardous wastes in that unit as indicated in Revision Checklist 64.

Federal Authority:  RCRA §§1006, 2002(a), 3004, 3005 and 3006; 40 CFR 264.13, 264.112, 264.113, 264.142, 265.13, 265.112, 265.113, 265.142 and Appendix I to 270.42 as amended August 14, 1989 (54 FR 33376).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	K.  State statutes and regulations require new and existing hazardous waste treatment, storage or disposal facilities to control organic air emissions from process vents and equipment leaks as indicated in Revision Checklists 79 and 87.

Federal Authority:  RCRA §§1006, 2002, 3001-3007, 3010, 3014 and 7004; 40 CFR Parts 261, 264, 265 and 270 as amended June 21, 1990 (55 FR 25454) and April 26, 1991 (56 FR 19290).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	L.  State statutes and regulations contain design, operating, inspection and closure requirements for drip pads and associated tanks, sumps and other devices used to assist in the collection of treated wood drippage as indicated in Revision Checklists 82, 92 and 120.

Federal Authority:  RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 262.34(a)(2), 264.190, 264.570, 264.571, 264.572, 264.573, 264.574, 264.575, 265.190, 265.440, 265.441, 265.442, 265.443, 265.444 and 265.445, as amended December 6, 1990 (55 FR 50450), July 1, 1991 (56 FR 30192), and December 24, 1992 (57 FR 61492).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	M.  [FOR STATES THAT ADOPTED THE REVISION CHECKLIST 91 ADMINISTRATIVE STAY.]  State statutes and regulations no longer contain the withdrawn Revision Checklist 91 administrative stay for the requirement that new drip pads be impermeable.  The administrative stay ended on December 24, 1992, as indicated in Revision Checklist 120.

Federal Authority:  5 U.S.C. 705; RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 264.572(a)(4) and 265.443(a)(4), as amended June 13, 1991 (56 FR 27332) and December 24, 1992 (57 FR 61492).

Federal Authority:  5 U.S.C. 705; RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 264.572(a)(4) and 265.443(a)(4) as amended June 13, 1991 (56 FR 27332) and December 24, 1992 (57 FR 61492).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	N. [FOR STATES THAT ADOPTED REVISION CHECKLIST 101 ADMINISTRATIVE STAY] State statutes and regulations no longer contain the withdrawn Revision Checklist 101 administrative stay for the requirement that existing drip pads be impermeable, as indicated in Revision Checklist 120. 

Federal Authority:  5 U.S.C. 705; RCRA §§2002(a) and 3001(b) & (e)(1); 40 CFR 264.573(a)(4), and 265.443(a)(4) as amended February 18, 1992 (57 FR 5859) and December 24, 1992 ( 57 FR 61492).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	O.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations allow the use of additional financial instruments (letter of credit, a surety bond, a guarantee, trust fund, and purchase of insurance by other firms) to meet the liability coverage requirements as specified in Revision Checklist 113.

Federal Authority:  RCRA §§2002(a), 3004 and 3005; 40 CFR 264.141, 264.147, 264.151, 265.141, 265.147 and 265.151 as amended September 1, 1988 (53 FR 33938), July 1, 1991 (56 FR 30200), and September 16, 1992 (57 FR 42832).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	P.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations include conforming changes to 264.147(f)(6) and 265.147(f)(6) to expand the instruments available to owners and operators that no longer meet the requirements of the financial test for liability coverage as indicated in Revision Checklist 113.

Federal Authority:  RCRA §3004; 40 CFR 264.147(f)(6) and 265.147(f)(6) as amended September 16, 1992 (57 FR 42832).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	Q.  State statutes and regulations require reporting of third-party claims against an owner's or operator's liability coverage as indicated by Revision Checklist 113.

Federal Authority:  RCRA §§2002(a), 3004 and 3005; 40 CFR 264.147(a)(7)&(b)(7) and 265.147(a)(7)&(b)(7) as amended September 1, 1988 (53 FR 33938) and September 16, 1992 (57 FR 42832)

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	R.  State statutes and regulations require owners or operators of new drip pads to have either 1) a surface protection system meeting the hydraulic conductivity, material chemical compatibility, and assessment requirements of 264.573(a)(4) or 265.443(a)(4), or 2) a liner and leak detection system below the pad as well as a leak collection system as specified in Revision Checklist 120.
Federal Authority:  RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 264.572, 265.573, 265.442 and 265.443 as amended December 24, 1992 (57 FR 61492).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	S.  State statutes and regulations require owners or operators of existing drip pads to meet the hydraulic conductivity, material chemical compatibility, and assessment requirements of 264.573(a)(4) or 265.443(a)(4), as specified in Revision Checklist 120.

Federal Authority:  RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 264.571, 264.573, 265.441 and 265.443 as amended December 24, 1992 (57 FR 61492).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	T.  State statutes and regulations contain requirements for the management of infrequent and incidental drippage in storage yards as indicated in Revision Checklist 120.

Federal Authority:  RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 264.570(c) and 265.440(c) as amended December 24, 1992 (57 FR 61492).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	U.  [OPTIONAL: This is a reduced requirement.]  State statutes and regulations indicate that the "Uniform Customs and Practice for Documentary Credits" is a copyrighted document of the International Chamber of Commerce as indicated in Revision Checklist 133.

Federal Authority:  RCRA 2002(a), 3004, 3005, and 3006; 40 CFR 264.151(d) & (k) as amended June 10, 1994 (59 FR 29958).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	V.  State statutes and regulations remove from the 266.20(b) exemption anti-skid/deicing uses of slags from high temperature metals recovery (HTMR) processing of hazardous wastes K061, K062, and F006 as indicated in Revision Checklist 136.

Federal Authority:  RCRA §3004; 40 CFR Parts 266.20(c) and 268.41(a) as amended August 24, 1994 (59 FR 43496).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	W.  State statutes and regulations provide for organic air emission standards for tanks, surface impoundments and containers and provide that air emission control requirements be added to the permit terms and provisions specified for miscellaneous units as specified in Revision Checklists 154 and 163.

Federal Authority: RCRA § 3004(n); 40 CFR 60 Appendix A, 260, 261, 262, 264, 265, and 270 as amended December 6, 1994 (59 FR 62896); May 19, 1995 (60 FR 26828); September 29, 1995 (60 FR 50426); November 13, 1995 (60 FR 56952); February 9, 1996 (61 FR 4903); June 5, 1996 (61 FR 28508); November 25, 1996 (61 FR 59932); and December 8, 1997 (62 FR 64636)

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	X.  State statutes and regulations identify when conventional and chemical military munitions become a hazardous waste under RCRA and provide for the safe storage and transport of such waste.  They also clarify that emergency responses involving both military and non-military munitions and explosives are considered an immediate response to a discharge or imminent and substantial threat of a discharge of a hazardous waste as indicated in Revision Checklist 156.

Federal Authority:  RCRA § 2002, 3001-3007, 3010, and 7003; 40 CFR 260.10; 261.2(a)(2)(iii)-(iv); 262.10(i); 263.10(e)&(f); 264.1(g)(8)(i)(D), (g)(8)(iv), and (i); 264.70; 264.1200 through 264.1202; 265.1(c)(11)(i)(D), (c)(11)(iv), and (f); 265.70; 265.1200 through 265.1202; 266.200(a)-(b); 266.201, 266.202, 266.204, 266.206, 270.1(c)(3)(i)(D), and 270.1(c)(3)(iii) as amended on February 12, 1997 (62 FR 6622).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	Y.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations provide for a manifest exemption for off-site shipment of unused waste munitions from one military installation to another as indicated in Revision Checklist 156.

Federal Authority:  RCRA § 3001, 3003, 3004(y); 40 CFR 266.203 as amended on February 12, 1997 (62 FR 6622).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	Z.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations provide for conditional exemption for waste munitions.  Storage as indicated in Revision Checklist 156.

Federal Authority:  RCRA § 3001 and 3004(y); 40 CFR 266.205 as amended on February 12, 1997 (62 FR 6622).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

XVI.  REQUIREMENTS FOR PERMITS

	A.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations allow a facility (1) to construct an approved TSCA facility for burning PCBs without first obtaining a RCRA permit and (2) to subsequently apply for a RCRA permit in accordance with Revision Checklist 17 M.

Federal Authority:  RCRA §3005(a); 40 CFR 270.10(f)(3) as amended July 15, 1985 (50 FR 28702).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	B.  State statutes and regulations require review of land disposal permits every five years and modification of such permits as necessary to assure compliance with the requirements in Parts 124, 260 through 266, and 270, as indicated in Revision Checklist
17 N.

Federal Authority:  RCRA §3005(c)(3); 40 CFR 270.41(a)(6) and 270.50(d) as amended July 15, 1985 (50 FR 28702).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	C.  State statutes and regulations require permits to contain any conditions necessary to protect human health and the environment in addition to any conditions required by regulations as indicated in Revision Checklist 17 O.

Federal Authority:  RCRA §3005(c)(3); 40 CFR 270.32(b) as amended July 15, 1985 (50 FR 28702).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	D.  State statutes and regulations require that:

	(1)	For land disposal facilities granted interim status prior to 11/8/84, interim status terminated 11/8/85; unless a Part B application and certification of compliance with applicable groundwater monitoring and financial responsibility requirements were submitted by 11/8/85, as indicated in Revision Checklist 17 P.

Federal Authority:  RCRA §3005(e); 40 CFR 270.73(c) as amended July 15, 1985 (50 FR 28702).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	(2)	For land disposal facilities in existence on the effective date of statutory or regulatory changes under this Act that render the facility subject to the requirement to have a permit and which is granted interim status, interim status terminates 12 months after the date the facility first becomes subject to such permit requirement unless a Part B application and certification of compliance with applicable groundwater monitoring and financial responsibility requirements are submitted by that date as indicated in Revision Checklist 17 P.

Federal Authority:  RCRA §3005(e); 40 CFR 270.73(d) as amended July 15, 1985 (50 FR 28702).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	(3)	Interim status terminates for incinerator facilities on 11/8/89 unless the owner/operator submits a Part B application by 11/8/86 as indicated in Revision Checklist 17 P.

Federal Authority:  RCRA §3005(c)(2)(C); 40 CFR 270.73(e) as amended July 15, 1985 (50 FR 28702).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	(4)	Interim status terminates for any facility other than a land disposal or an incineration facility on 11/8/92 unless the owner/operator submits a Part B application by 11/8/88 as indicated in Revision Checklist 17 P.

Federal Authority:  RCRA §3005(c)(2)(C); 40 CFR 270.73(f) as amended July 15, 1985 (50 FR 28702).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	E.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations allow facilities to qualify for interim status if they (1) are in existence on the effective date of statutory or regulatory changes that render the facility subject to the requirement to have a permit and (2) comply with §270.70(a) as indicated in Revision Checklist 17 P.

Federal Authority:  RCRA §3005(e); 40 CFR 270.70(a) as amended July 15, 1985 (50 FR 28702).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	F.  State statutes and regulations provide that facilities may not qualify for interim status under the State's analogue to Section 3005(e) if they were previously denied a Section 3005(c) permit or if authority to operate the facility has been terminated as indicated in Revision Checklist 17 P.

Federal Authority:  RCRA §3005(c)(3); 40 CFR 270.70(c) as amended July 15, 1985 (50 FR 28702).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	G.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations allow the issuance of a one‑year research, development, and demonstration permit (renewable each year, but not for a period longer than three years) for any hazardous waste treatment facility which proposes an innovative and experimental hazardous waste treatment technology or process not yet regulated as indicated in Revision Checklist 17 Q.  If adopted, however, the State must require the facility to meet RCRA's financial responsibility and public participation requirements and retain authority to terminate experimental activity if necessary to protect health or the environment.

Federal Authority:  RCRA §3005(g); 40 CFR 270.65 as amended July 15, 1985 (50 FR 28702).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	H.  State statutes and regulations require landfills, surface impoundments, land treatment units, and waste piles that received waste after July 26, 1982 and which qualify for interim status to comply with the groundwater monitoring, unsaturated zone monitoring, and corrective action requirements applicable to new units at the time of permitting as indicated in Revision Checklist 17 L.

Federal Authority:  RCRA §3005(i); 40 CFR 264.90(a) as amended July 15, 1985 (50 FR 28702).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	I.  State statutes and regulations require:

	(1)	Surface impoundments in existence on November 8, 1984 [or subsequently becoming subject to RCRA pursuant to §3005(j)(6)(A) or (B)] to comply with the double liner, leachate collection, and groundwater monitoring requirements applicable to new units by November 8, 1988 [or the date specified in §3005(j)(6)(A) or (B)] or to stop treating, receiving, or storing hazardous waste, unless the surface impoundment qualifies for a special exemption under §3005(j).
Federal Authority:  RCRA §3005(j)(1)&(6)(A).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	(2)	[OPTIONAL:  This is a reduced requirement.]  State statutes and regulations may allow variances from the above requirements as provided in RCRA §3005(j)(2‑9) and (13).  However, the availability  of such variances must be restricted as provided in RCRA §3005(j).

Federal Authority:  RCRA §3005(j)(2‑9).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	J.  [OPTIONAL:  This is a reduced requirement.]  Facility owners or operators are given the opportunity to cure deficient Part A applications in accordance with 40 CFR 270.70(b) before failing to qualify for interim status as indicated in Revision Checklist 6.

Federal Authority:  RCRA §3005; 40 CFR Part 270 as amended April 24, 1984 (49 FR 17716).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	K.  State statutes and regulations allow the permit granting agency to initiate modifications to a permit without first receiving a request from the permittee, in cases where statutory changes, new or amended regulatory standards or judicial decisions affect the basis of the permit as indicated in Revision Checklist 44 D.

Federal Authority:  RCRA §3005(c); 40 CFR 270.41(a)(3) as amended December 1, 1987 (52 FR 45788).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	L.  State statutes and regulations require that permittees must comply with new requirements imposed by the land disposal restrictions promulgated under Part 268 even when there are contrary permit conditions, as indicated in Revision Checklist 44 E.

Federal Authority:  RCRA §3006(g); 40 CFR 270.4(a) as amended December 1, 1987 (52 FR 45788).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	M.  State statutes and regulations require information from permit applicants concerning permit conditions necessary to protect human health and the environment as indicated in Revision Checklist 44 F.

Federal Authority:  RCRA §3005(c); 40 CFR 270.10 as amended December 1, 1987 (52 FR 45788).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	N.  State statutes and regulations require post‑closure permits for all landfills, surface impoundments, waste piles and land treatment units receiving hazardous waste after July 26, 1982 as indicated in Revision Checklist 44 G.

Federal Authority:  RCRA §3005(i); 40 CFR 270.1(c) as amended December 1, 1987 (52 FR 45788).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	O.  State statutes and regulations require that all owners and operators of units that treat, store, or dispose of hazardous waste in miscellaneous units must comply with the general application requirements (including Part A permit requirements), the Part B general application requirements of §270.14, and specific Part B information requirements for miscellaneous units as indicated in Revision Checklists 45 and 59.

Federal Authority:  RCRA §§3004 and 3005; 40 CFR 264.600, 270.14 and 270.23 as amended December 10, 1987 (52 FR 46946) and January 9, 1989 (54 FR 615).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	P.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations provide owners and operators more flexibility to change specified permit conditions, to expand public notification and participation opportunities, and allow for expedited approval if no public concern exists for a proposed permit modification.  Owner/operator permit modifications are categorized into three classes with administrative procedures for approving modifications established in each class.  These changes are as indicated in Revision Checklist 54.

Federal Authority:  RCRA §§2002(a), 3004, 3005, and 3006; 40 CFR Parts 124, 264, 265, and 270 as amended September 28, 1988 (53 FR 37912) and October 24, 1988 (53 FR 41649).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	Q.  State statutes and regulations make it clear that existing incinerator facilities must either conduct a trial burn or submit other information as specified in 270.19(a) or (c) before a permit can be issued for that facility as indicated in Revision Checklist 60.

Federal Authority:  RCRA §3005(b); 40 CFR Part 270 as amended January 30, 1989 [54 FR 4286).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	R.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations allow greater flexibility to interim status facilities to make changes during interim status following director approval as indicated in Revision Checklist 61.

Federal Authority:  RCRA §§2002(a), 3004, 3005 and 3006; 40 CFR 270.72 as amended March 7, 1989 (54 FR 9596).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	S.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations lift the reconstruction limit for changes:  1) to certain interim status units necessary to comply with Federal, State, or local requirements, 2) necessary to allow continued handling of newly listed or identified hazardous waste, 3) made in accordance with an approved closure plan, and 4) made pursuant to a corrective action order as indicated in Revision Checklist 61.

Federal Authority:  RCRA §§2002(a), 3004, 3005, and 3006; 40 CFR 270.72 as amended March 7, 1989 (54 FR 9596).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	T.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations that clarify that a permit can be denied for the active life of a facility while a decision on post closure permitting is pending as indicated in Revision Checklist 61.

Federal Authority:  RCRA §§2002(a), 3004, 3005, and 3006; 40 CFR 124.1, 124.15, 124.19, 270.1, 270.10 and 270.29 as amended March 7, 1989 (54 FR 9596).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	U.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations that classify as Class 1 certain permit modifications requested by owners/operators necessary to enable permitted facilities to comply with the land disposal restrictions as indicated in Revision Checklist 61.  Specifically these modifications include 1) adding restricted wastes treated to meet applicable 40 CFR Part 268 treatment standards or adding residues from treating "soft hammer" wastes, 2) adding certain wastewater treatment residues and incinerator ash, 3) adding new wastes for treatment in tanks or containers under certain limited conditions, and 4) adding new treatment processes, necessary to treat restricted wastes to meet treatment standards, that take place in tanks or containers.

Federal Authority:  RCRA §§2002(a), 3004, 3005 and 3006; 40 CFR 270.42 as amended March 7, 1989 (54 FR 9596).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	V.  State statutes and regulations incorporate updates to 40 CFR Part 124 as indicated in Revision Checklist 70.

Federal Authority:  RCRA §§6901 and 6902; 40 CFR 124.3, 124.5, 124.6, 124.10 and 124.12 as amended April 1, 1983 (48 FR 14146), June 30, 1983 (48 FR 30113), July 26, 1988 (53 FR 28118), September 26, 1988 (53 FR 37396) and January 4, 1989 (54 FR 246).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	W.  State statutes and regulations contain Special Part B information requirements for drip pads as indicated in Revision Checklists 82 and 92.

Federal Authority:  RCRA §§2002(a) and 3001(b)&(e)(I); 40 CFR 270.22 as amended December 6, 1990 (55 FR 50450) and July 1, 1991 (56 FR 30192).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	X.  State statutes and regulations include permitting requirements for boilers and industrial furnaces burning hazardous waste as indicated in Revision Checklists 85 and 94.

Federal Authority:  RCRA §§1006, 2002, 3001 through 3007; 40 CFR 270.22, 270.22(c)(1)(iv), 270.42(c)(1)(iv)&(g), 270.42 Appendix I, 270.66, 270.72(a)(6)&(b)(7) and 270.73(f)&(g) as amended February 21, 1991 (56 FR 7134) and July 17, 1991 (56 FR 32688).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	Y.  State statutes and regulations include specific Part B information requirements for surface impoundments, waste piles and landfills regarding liners; leachate collection, detection, and removal systems; and the construction quality assurance program requirements as indicated in Revision Checklist 100.

Federal Authority:  RCRA §§3004, 3005, 3006 and 3015; 40 CFR 270.4(a), 270.17(b)&(c), 270.18(c)&(d), and 270.21(b)&(c) as amended January 29, 1992 (57 FR 3462).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	Z.  State statutes and regulations provide for opportunities for earlier public involvement in the permitting process and expand public access to information throughout the permitting process and the operational lives of facilities as indicated in Revision Checklist 148.

Federal Authority:  RCRA §§2002, 3004, 3005, and 7004(b), 40 CFR 124.31, 124.32, 124.33, 270.2, 270.14(b)(22), 270.30(m), 270.61(b)(5), 270.62(b)(6), 270.62(d), 270.66(d)(3), and 270.66(g) as amended December 11, 1995 (60 FR 63417).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	AA.  State statutes and regulations provide that a permittee may accept military munitions even when barred from accepting off-site wastes if certain conditions are met as indicated in Revision Checklist 156.

Federal Authority:  RCRA § 3004(y) and 7003; 40 CFR 270.42(h), (h)(1)-(3), and (i) as amended on February 12, 1997 (62 FR 6622).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	BB.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations include requirements for hazardous waste combustion facility permit modifications to meet 40 CFR part 63 MACT standards, as indicated in Revision Checklist 168.  State statutes and regulations also address such changes during interim status.

Federal Authority:  RCRA §§ 1006, 3004, 3005, and 7004; 40 CFR 270.42(j), 270.42 Appendix I, and 270.72(b)(8), as amended June 19, 1998 (63 FR 33782).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

XVII.  MINIMUM TECHNOLOGICAL REQUIREMENTS

	A.  State statutes and regulations require that new units, expansions, and replacements of interim status waste piles meet the requirements for a single liner and leachate collection system in regulations applicable to permitted waste piles as indicated in the Revision Checklist 17 H.

Federal Authority:  RCRA §3015(a); 40 CFR 265.254 as amended July 15, 1985 (50 FR 28702).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	B.  State statutes and regulation require:

	(1)	New units, expansions, and replacement units at interim status landfills and surface impoundments and landfills and surface impoundments for which Part B of the permit application is received by the proper authority after November 8, 1984, meet the requirements for double liners and leachate collection systems applicable to new permitted landfills and surface impoundments in 40 CFR 264.221 and 264.301 and 265.221 and 265.301 as indicated in Revision Checklists 17 H and 77.

Federal Authority:  RCRA §§1006, 2002(a), 3004, 3005 and 3015(b); 40 CFR 264.221, 265.221, 264.301 and 265.301 as amended July 15, 1985 (50 FR 28702) and May 9, 1990 (55 FR 19262).

	(2)	[OPTIONAL:  This is a reduced requirement.]  Facilities which comply in good faith need not retrofit at permit issuance unless the liner is leaking as provided in §§265.221(e) and 265.301(e) as indicated in Revision Checklist 17 H.

Federal Authority:  RCRA §3015(b); 40 CFR 264.221, 265.221 and 265.301 as amended July 15, 1985 (50 FR 28702).

	(3)	[OPTIONAL:  This is a reduced requirement.]  Variances from the above requirements are optional.  However, the availability of such variances is restricted as provided in §§264.221(d) and (e), 264.301(d) and (e), 265.221(c) and (d), and 265.301(c) and (d) as indicated in Revision Checklist 17 H.

Federal Authority:  RCRA §3015(b); 40 CFR 264.221, 265.221 and 265.301 as amended July 15, 1985 (50 FR 28702).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	C.  State statutes and regulations require owners and operators of new units, expansions, and replacement units at surface impoundments, waste piles, and landfills to meet the monitoring and inspection Construction Quality Assurance (CQA) program, double liner, leachate collection and removal systems, leak detection systems, action leakage, response action plan and closure/post-closure care requirements as indicated in Revision Checklist 100.

Federal Authority:  RCRA §§3004, 3005, 3006 and 3015; 40 CFR 264.19, 264.221-264.223, 264.226, 264.228, 264.251-264.254, 264.301-264.304, 264.310, 265.19, 265.221‑265.223, 265.226-265.228, 265.254, 265.255, 265.259, 265.260, 265.301‑265.304 and 265.310 as amended January 29, 1992 (57 FR 3462).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

XVIII.  EXPOSURE ASSESSMENTS

	A.  State laws and regulations require permit applicants for landfills or surface impoundments to submit exposure information as indicated in Revision Checklist 17 S.

Federal Authority:  RCRA §3019(a); 40 CFR 270.10(j) as amended July 15, 1985 (50 FR 28702).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	B.  State laws and regulations allow the State to make assessment information available to the Agency for Toxic Substances and Disease Registry.  [See CERCLA §104(i).]

Federal Authority:  RCRA §3019(b).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

XIX.  AVAILABILITY OF INFORMATION

	A.  State statutes and regulations provide that:

	(1)	All records shall be available to the public unless they are exempt from the disclosure requirements of the Federal Freedom of Information Act (FOIA), 5 U.S.C. 552;

	(2)	All nonexempt records will be available to the public upon request regardless of whether any justification or need for such records has been shown by the requestor;

	(3)	The same types of records would be available to the public from the State as would be available from EPA.  [In making this certification, the Attorney General should be aware of the types of documents EPA generally releases under the FOIA, subject to claims of business confidentiality:  permit applications; biennial reports from facilities; closure plans; notification of a facility closure; contingency plan incident reports; delisting petitions; financial responsibility instruments; ground‑water monitoring data (note that exemption 5 U.S.C.552(b)(9) of the FOIA applies to such wells as oil and gas, rather than to ground‑water wells); transporter spill reports; international shipment reports; manifest exception, discrepancy and unmanifested waste reports; facility EPA identification numbers; withdrawal requests; enforcement orders; and, inspection reports]; and,

	(4)	Information is provided to the public in substantially the same manner as EPA as indicated in 40 CFR Part 2 and the Revision Checklist in Appendix N of the State Authorization Manual.  [OPTIONAL:  Where the State agrees to implement selected provisions through the use of a Memorandum of Agreement (MOA) the Attorney General must certify that:  "The State has the authority to enter into and carry out the MOA provisions and there are no State statutes (e.g., State Administrative Procedures Acts) which require notice and comment or promulgation of regulations for the MOA procedures to be binding.]

	(5)	[OPTIONAL:  The State statutes and regulations protect Confidential Business Information (CBI) to the same degree as indicated in 40 CFR 2 and the Revision Checklist in Appendix N of the State Authorization Manual.  Note, that States do not have to protect CBI, to satisfy 3006(f).  However, if a State does extend protection to CBI then it cannot restrict the release of information that EPA would require to be disclosed.]

Federal Authority:  RCRA §3006(f); 40 CFR §271.17(c).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

XX.	STANDARDS FOR THE MANAGEMENT OF WASTE FUEL AND USED OIL AND FOR THE BURNING OF THESE MATERIALS IN BOILERS AND INDUSTRIAL FURNACES

	A.  State statutes and regulations contain the following requirements regarding the burning of waste fuel and used oil fuel for energy recovery in boilers and industrial furnaces as indicated in Revision Checklist 19:

	(1)	Waste fuels and used oil fuels are identified as solid wastes so as to encompass all such wastes controlled under 40 CFR 261.3, 261.5 and 261.6.

	(2)	Special management standards for generators, transporters, marketers and burners of hazardous waste and used oil burned for energy, as set forth in 40 CFR 264.340, 265.340, 266.30‑35 and 266.40‑44.

Federal Authority:  RCRA §§3001, 3004 and 3014(a); 40 CFR Parts 261, 264, 265 and 266 as amended November 29, 1985 (50 FR 49164), November 19, 1986 (51 FR 41900) and April 13, 1987 (52 FR 11819).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	B.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations provide the authority to obtain criminal penalties for violations of the waste fuel and used oil fuel requirements, as set forth in 40 CFR 266.40‑44.

Federal Authority:  RCRA §§3006(h), 3008(d) and 3014; 40 CFR 271.16.

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	C.  State statutes and regulations include control standards for emissions of toxic organic compounds, toxic metals, hydrogen chloride, chlorine gas and particulate matter from boilers and industrial furnaces burning hazardous waste, and require owners and operators of such facilities to comply with the general facility standards applicable to hazardous waste treatment, storage and disposal facilities, as indicated in Revision Checklists 85, 94, 96, 111, and 114.  Hazardous waste storage units at regulated burners are subject to the 40 CFR Part 264 requirements.

Federal Authority:  RCRA §§1006, 2002, 3001 through 3007, 3010 and 7004; 40 CFR 260.10, 260.11, 260.20, 261.3, 261.6, 264.1, 264.112, 264.340, 265.1, 265.112, 265.113, 265.340, 265.370, Part 266 Subpart H, and Part 266 Appendices I-X as amended February 21, 1991 (56 FR 7134), July 17, 1991 (56 FR 32688), August 27, 1991 (56 FR 42504), August 25, 1992 (57 FR 38558), and September 30, 1992 (57 FR 44999).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	D.  [FOR STATES THAT ADOPTED REVISION CHECKLIST 98 ADMINISTRATIVE STAY.]  State statutes and regulations no longer contain the Revision Checklist 98 administrative stay of the permitting standards for boilers and industrial furnaces as they apply to coke ovens burning certain hazardous wastes from the coke by-products recovery process.  The administrative stay ended on June 22, 1992, as indicated in Revision Checklist 105.

Federal Authority:  5 U.S.C. 705; RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 266.100(a) as amended September 5, 1991 (56 FR 43874) and June 22, 1992 (57 FR 27880).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	E.  State statutes and regulations provide used oil management standards for used oil generators, transporters, processors, re-refiners, burners, and marketers as indicated in Revision Checklist 112, 122, 130, and 166 .

Federal Authority:  RCRA §§1004, 1006, 2002, 3001-3007, 3010, 3014 and 7004; 40 CFR Parts 260, 261, 266 and 279 as amended September 10, 1992 (57 FR 41566), May 3, 1993 (58 FR 26420), June 17, 1993 (58 FR 33341), March 4, 1994 (59 FR 10550), May 6, 1998 (63 FR 24963), and July 14, 1998 (63 FR 37780) .

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	F.  State statutes and regulations are amended such that the procedures for conducting air quality modeling and screening for boilers and industrial furnaces burning hazardous wastes include the method recommended in Appendix W of 40 CFR Part 51.  State regulations and statutes also incorporates by reference the October, 1992 edition of "Screening Procedures for Estimating the Air Quality Impact of Stationary Sources" as indicated in Revision Checklist 125.

Federal Authority:  §§1006, 2002, 3001 through 3007, 3010 and 7004; 40 CFR 260.11(a), 266.104(e)(3), 266.106(h) and Part 266 Appendix X, as amended July 20, 1993 (58 FR 38816).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	G.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations contain an administrative stay, until further administrative action is taken, that replaces the current limits needed to qualify for the Bevill exemption under test number 2 with the land disposal restriction limits for underlying constituents as indicated in Revision Checklist 127.

Federal Authority:  RCRA §§1006, 2002(a), 3004, and 3014; 40 CFR 266.112(b)(2)(i) and Part 266 Appendix VII, as amended November 9, 1993 (58 FR 59598).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	H.  State statutes and regulations exempt certain mercury recovery furnaces from the requirements of 40 CFR 266.102 through 266.111, as indicated in Revision Checklist 137.

Federal Authority:  RCRA §§ 2002 and 3004; 40 CFR 266.100(c)(1); 266.100(c)(3); and 266\Appendix XIII as amended September 19, 1994 (59 FR 47982).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

XXI.  LAND DISPOSAL RESTRICTIONS

	A.  State statutes and regulations provide for the restrictions of the land disposal of certain spent solvents and dioxin‑containing hazardous wastes as indicated in Revision Checklists 34, 39, and 50.

Federal Authority:  §3004(d)‑(k) and (m); 40 CFR Parts 260, 261, 262, 263, 264, 265, 268 and 270 as amended on November 7, 1986 (51 FR 40572), June 4, 1987 (52 FR 21010), July 8, 1987 (52 FR 25760), and August 17, 1988 (53 FR 31138).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	B.  State statutes and regulations for restricting the disposal of certain California list wastes, including liquid hazardous waste containing polychlorinated biphenyls (PCBs) above specified concentrations, and hazardous waste containing halogenated organic compounds (HOCs) above specified concentrations as indicated in Revision Checklists 39, 50, and 66.

Federal Authority:  RCRA §3004(d)‑(k) and (m); 40 CFR Parts 262, 264, 265, 268 and 270 as amended on July 8, 1987 (52 FR 25760), October 27, 1987 (52 FR 41295), August 17, 1988 (53 FR 31138), and September 6, 1989 (54 FR 36967).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	C.  State statutes and regulations for specific treatment standards and effective dates for certain wastes from the "First Third" of the schedule of restricted wastes listed in 40 CFR 268.10 as well as land disposal restrictions for those First Third wastes for which a treatment standard is not established as indicated in Revision Checklists 50, 62 and 66.

Federal Authority:  RCRA §3004 (d)‑(k) and (m); 40 CFR Parts 264, 265, 266, and 268 as amended on August 17, 1988 (53 FR 31138), February 27, 1989 (54 FR 8264), May 2, 1989 (54 FR 18836), September 6, 1989 (54 FR 36967) and June 13, 1990 (55 FR 23935).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	D.  State statutes and regulations for certain treatment standards and prohibition effective dates for certain Second Third wastes and for imposing the "soft hammer" provisions of 40 CFR 268.8 on Second Third wastes for which the Agency is not establishing treatment standards as indicated in Revision Checklist 63.

Federal Authority:  RCRA §3004(d)-(k) and (m); 40 CFR Part 268 as amended June 23, 1989 (54 FR 26594).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	E.  State statutes and standards for treatment standards and effective dates for certain First Third "soft hammer" wastes as well as for certain wastes originally contained in the Third Third of the Schedule as indicated in Revision Checklist 63.

Federal Authority:  RCRA §3004(d)-(k) and (m); 40 CFR Parts 264, 265 and 268 as amended June 23, 1989 (54 FR 26594).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	F.  State statutes and regulations provide specific treatment standards and effective dates for the "Third Third" wastes, "soft hammer" First and Second Third wastes4, five newly listed wastes, four wastes that fall into the F002 and F005 (spent solvent) waste codes, F025, mixed radioactive/hazardous wastes, characteristic wastes, and multi-source leachate, as well as establish revised treatment standards for petroleum refining hazardous wastes (K048-K052) as indicated in Revision Checklists 78, 83 and 102.

Federal Authority:  RCRA §§3001 and 3004 (d)-(k) and (m); 40 CFR 261, 262, 264, 265, 268, and 270 as amended June 1, 1990 (55 FR 22520), January 31, 1991 (56 FR 3864) and March 6, 1992 (57 FR 8086).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	G.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations provide for alternate treatment standards for lab packs meeting certain criteria as indicated in Revision Checklists 78 and 83.

Federal Authority:  RCRA §3004(d)-(k) and (m); 40 CFR 264.316(f), 265.316(f), 268.7(a)(7), 268.7(a)(8), 268.42(c), 268.42(c)(1)-(4), and Part 268 Appendices IV and V, as amended June 1, 1990 (55 FR 22520) and January 31, 1991, (56 FR 3864).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	H.  State statutes and regulations contain treatment standards under the land disposal restrictions program for K061 as indicated in Revision Checklist 95.

Federal Authority:  RCRA §3004(d)-(k) and (m); 40 CFR 268.41 and 268.42 as amended August 19, 1991 (56 FR 41164).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	I.  State statutes and regulations provide an extension of the land disposal restriction effective date for hazardous waste debris until May 8, 1994, as indicated in Revision Checklists 103, 116, and 123.

Federal Authority:  RCRA §3004(h)(3); 40 CFR 268.35(c)-(e) as amended May 15, 1992 (57 FR 20766); October 20, 1992 (57 FR 47772); and May 14, 1993 (58 FR 28506).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	J.  State statutes and regulations provide an extension of the land disposal restriction effective date, until May 8, 1993, for D008 lead-bearing hazardous materials stored before secondary smelting, provided the owner/operator meets the requirements specified at 40 CFR 268.35(k), as indicated in Revision Checklist 106.

Federal Authority:  RCRA §3004(h)(3); 40 CFR 268.35(c) and (k) as amended June 26, 1992 (57 FR 28628).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	K.  State statutes and regulations provide land disposal treatment standards for certain hazardous wastes listed after November 8, 1984 as well as treatment standards for debris contaminated with listed hazardous wastes or debris that exhibit certain hazardous waste characteristics as indicated in Revision Checklist 109.

Federal Authority:  RCRA §§3004(d)-(k) and (m); 40 CFR 261.3(f), 268.2, 268.5, 268.7, 268.14, 268.36, 268.40, 268.41, 268.42, 268.43, 268.45, 270.13 and 270.14, as amended August 18, 1992 (57 FR 37194).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	L.  State statutes and regulations include revisions to existing land disposal restrictions including revision of F001-F005 spent solvents treatment standards, conversion of wastewater standards for twenty-four "F" and "K" water codes based on scrubber standards; revisions to K061, K062 and F006 treatment standards; change of recordkeeping requirements; and clarification of rules related to wastes listed because they exhibit a characteristic as indicated in Revision Checklist 109.

Federal Authority:  RCRA §§3004(d)-(k) and (m); 40 CFR 261.3(a)&(c), 268.9, 268.41, 268.42, 268.43 and 268.46, as amended August 18, 1992 (57 FR 37194).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	M.  State statutes and regulations allow storage and treatment in containment buildings as indicated in Revision Checklist 109.

Federal Authority:  RCRA §§3004(d)-(k) and (m); 40 CFR 260.10, 262.34, 264.110, 264.111, 264.112, 264.140, 264.142, 264 Subpart DD, 265.110, 265.111, 265.112, 265.140, 265.142, 265.221, 265 Subpart DD, 268.50, 270.42 and 270.72, as amended August 18, 1992 (57 FR 37194).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	N.  State statutes and regulations provide a case-by-case extension of the land disposal effective date until May 8, 1994 for Third Third hazardous soils whose best demonstrated available technology (BDAT) was incineration, retorting or vitrification, as well as for Third Third soils contaminated with radioactive mixed waste as indicated in Revision Checklists 116 and 123.

Federal Authority:  RCRA §3004(h)(3); 40 CFR 268.35(c)-(e) as amended October 20, 1992 (57 FR 47772) and May 14, 1993 (57 FR 28506).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	O.  State statutes and regulations include land disposal restrictions and treatment standards for certain ignitable and corrosive characteristic wastes whose treatment standards were vacated, as indicated in Revision Checklist 124.

Federal Authority:  RCRA §3004(d),(e)&(g); 40 CFR 268.37 as amended on May 24, 1993 (58 FR 29860).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	P.  State statutes and regulations include a revision to P015 listing in the land disposal restrictions technology-based treatment standards as indicated on Revision Checklist 134.

Federal Authority:  RCRA §3004(d)-(k) and (m); 40 CFR 268.42(a)/Table 2, as amended June 20, 1994 (59 FR 31551).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	Q.  State statutes and regulations contain treatment standards for certain newly identified organic toxicity wastes, and for newly listed coke product and chlorotoluene production wastes as well as dilution prohibitions for high total organic content (TOC) ignitable and toxicity characteristic pesticides as indicated in Revision Checklist 137.

Federal Authority:  RCRA §§3004(d)-(k) and (m); 40 CFR 268 as amended September 19, 1994 (59 FR 47982) and January 3, 1995 (60 FR 242).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	R.  State statutes and regulations contain modifications to the land disposal restrictions which simplify and provide consistency including the Universal Treatment Standards, treatment standards from three tables consolidated into one table, reduced information on notification forms, and simplified regulations for lab pack treatment as indicated in Revision Checklist 137.

Federal Authority:  RCRA §§3004(d)-(k) and (m); 40 CFR 268 as amended September 19, 1994 (59 FR 47982) and January 3, 1995 (60 FR 242).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	S.  State statutes and regulations require compliance with the requirements in 40 CFR 268 applicable to users of materials that are used in a manner constituting disposal, as indicated in Revision Checklist 137.

Federal Authority:  RCRA §§3004(d)-(k) and (m); 40 CFR 266.23(a), as amended September 19, 1994 (59 FR 47982).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	T.  State statutes and regulations contain treatment standards for hazardous wastes from the production of carbamate pesticides and from primary aluminum production; contain the treatment standards for hazardous wastes that exhibit the characteristic of reactivity; and put back into place the LDR "Third Third" provisions for the treatment of certain wastewaters as indicated in Revision Checklist 151.  These statutes and regulations also codify the Federal policy that combustion of inorganic waste is an impermissible form of treatment as also indicated in this checklist.

Federal Authority:  RCRA § 3004(d) through (k), 3004(m); Public Law 104-119, 100 Stat. 830, 40 CFR part 268 as amended April 8, 1996 (61 FR 15566 and 61 FR 15660); April 30, 1996 (61 FR 19117); June 28, 1996 (61 FR 33680); July 10, 1996 (61 FR 36419); August 26, 1996 (61 FR 43924), and February 19, 1997 (62 FR 7502).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	U.  State statutes and regulations provide for an extension of the national capacity variance for spent potliners from primary aluminum production (Hazardous Waste Number K088) so that K088 wastes do not have to be treated to meet LDR treatment standards until October 8, 1997, as indicated in Revision Checklists 155 and 160.

Federal Authority:  RCRA §§ 3004(d) - (k) and (m), 40 CFR 268.39(c) as amended January 14, 1997 (62 FR 1992) and July 14, 1997 (62 FR 37694).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	V.  State statutes and regulations prohibit the land disposal of the wood preserving waste F032, F034 and F035 by August 11, 1997, and also prohibit any soil and debris and radioactive waste mixed with above chemicals from land disposal effective May 12, 1999.  In between these effective dates, mixtures may only be land disposed if the facilities follow certain procedures included in State statutes and regulations as indicated in Revision Checklist 157.

Federal Authority:  RCRA §§3004(d)-(k) and (m);  40 CFR 268.30(a)-(e) and 268.40 as amended May 12, 1997 (62 FR 25998).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	W.  State statutes and regulations include revisions of record keeping and paperwork requirements indicated in Revision Checklist 157.  State statutes and regulations also include revisions to update the land disposal restrictions to better reflect the current program, as indicated in Revision Checklist 157.

Federal Authority:  RCRA §§3004(d)-(k) and (m); 40 CFR 268.4(a)(2)(iv), 268.4(a)(4), 268.7(a)-(c)(2), 268.9(a), 268.9(d)(1)(ii), 268.32, 268.34-268.37, 268.44(o), and Part 268 Appendices I-III, VI, VIII and X, as amended May 12, 1997 (62 FR 25998).  

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	X.  State statutes and regulations include revisions introducing polymerization as an alternative treatment method as indicated in Revision Checklist 157.  

Federal Authority:  RCRA §§3004(d)-(k) and (m); 40 CFR 268.42 table 1 as amended May 12, 1997 (62 FR 25998). 

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	Y.  State statutes and regulations include revisions which indicate that the de minimis provision applies to minor losses of characteristic wastes as indicated in Revision Checklist 157.  

Federal Authority:  RCRA §§3004(d)-(k) and (m); 40 CFR 268.1(e)(4) as amended May 12, 1997 (62 FR 25998).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	Z.  [OPTIONAL:  This is a reduced requirement.]  State statutes and regulations include revisions designed to conform with the Federal appeals court ruling (98 F.3d 1394 (D.C. Cir. 1996)) which invalidated, in part, certain EPA regulations including the land disposal prohibitions and treatment standards for the vacated carbamate wastes as indicated in Revision Checklist 159.  

Federal Authority:  RCRA 3004(d)-(k) and (m); 40 CFR 268.39(a), 268.39(d), and 268.40 as amended June 17, 1997 (62 FR 32974).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	AA. 	State statutes and regulations provide an extension until August 26, 1998, the time that alternate carbamate treatment standards are in place as indicated in Revision Checklist 161. 

Federal Authority:  RCRA §3004(d)-(k) and (m); 40 CFR 268.40(g) and 268.48(a) as amended on August 28, 1997 (62 FR 45568).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	BB.  [OPTIONAL: This is a reduced requirement.]  State statutes and regulations include revisions to the LDR treatment variances at 40 CFR 268.44, and specify that a variance may be granted when treatment to the level or by the method specified in the regulations either is not physically possible or is not appropriate under either technical or environmental circumstances as indicated in Revision Checklist 162.

Federal Authority: RCRA 3004(m); 40 CFR 268.44(a), 268.44(h), and 268.44(m) as amended December 5, 1997 (62 FR 64504).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	CC.  [WITHDRAWN--formerly Revision Checklist 165.  On April 9, 1999, the United States Court of Appeals for the District of Columbia in Great Lakes Chemical Corporation versus EPA (Docket No. 98-1312) granted the U.S. Government’s motion for a voluntary vacatur of the rules addressed by Revision Checklist 165.  Because of this vacatur, EPA has withdrawn this revision checklist.  Note that the final rule published August 10, 1998 (63 FR 42580), is also vacated as it only clarified that the typographical errors made in the May 4, 1998 (63 FR 24596) rule were corrected by the June 29, 1998 rule (63 FR 35147).]

	DD.  State statutes and regulations include prohibitions and treatment standards for metal hazardous constituents in all hazardous wastes including the toxic characteristic wastes as indicated in Revision Checklist 167A.

Federal Authority:  RCRA §§3004(g)(4) and (m); 40 CFR 268.2(i), 268.3(d), 268.34, 268.40(e)&(h), 268.40 table, and 268.48 as amended May 26, 1998 (63 FR 28556).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	EE.  State statutes and regulations include treatment standards for mineral processing wastes as indicated in Revision Checklist 167A.

Federal Authority:  RCRA §§3004(g)(4) and (m); 40 CFR 268.40 and 268.48 as amended May 26, 1998 (63 FR 28556).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	FF.  [OPTIONAL:  This is a reduced requirement.] State statutes and regulations include treatment standards for contaminated soils as indicated in Revision Checklist 167B.
Federal Authority:  RCRA §§3004(d)-(k) and (m); 40 CFR 268.2(k), 268.7(a)(1)-(6), 268.7(b)(1)-(3), 268.7(b)(4) intro, 268.7(e), 268.44(h)(3)-(5), 268.49 as amended May 26, 1998 (63 FR 28556).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	GG.  State statutes and regulations include corrections and clarifications to the land disposal restrictions as indicated in Revision Checklist 167C.

Federal Authority:  RCRA §§3004(d)-(k) and (m); 40 CFR 268.4(a)(2)(ii)&(iii), 268.7(a)(7), 268.7(b)(3)(ii)/Table, 268.7(b)(4)(iv)&(v), 268.7(b)(5)&(6), 268.40/Table, 268.40(e), 268.42(a), 268.45(a) intro, 268.45(d)(3)&(4), 268.48, 268 Appendices VII & VIII  as amended May 26, 1998 (63 FR 28556)  and June 8, 1998 (63 FR 31266).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

XXII.  MEMORANDUM OF AGREEMENT (MOA)

	[If the State uses the MOA to satisfy Federal procedural requirements, the Attorney General must certify the following:

	(1)	The State has the authority to enter into the agreement,

	(2)	The State has the authority to carry out the agreement, and

	(3)	No applicable State statute (including the State Administrative Procedure Act) requires that the procedure be promulgated as a rule in order to be binding.]

XXIII.  UNIVERSAL WASTES

	A.  [OPTIONAL:  This is a reduced requirement.  However, to be authorized for the universal waste provisions, a State must adopt this requirement (i.e., the General Provisions) and 1) at least one of the universal wastes at Subsections XXIII B-XXIII D, and/or 2) the universal waste petitions provision.]  State statutes and regulations provide hazardous waste management standards for the collection and management of certain widely generated wastes determined "universal wastes" as indicated in Revision Checklist 142 A.

Federal Authority:  RCRA §§2002, 3001, 3002, 3003, 3004, 3005, 3010, 3013, 3017, and 7004; 40 CFR 260.10, 261.5(c), 261.5(f)(3)(vi), 261.5(g)(3)(vi), 261.9 intro, 262.10(b), 262.11(d), 264.1(g)(11) intro, 265.1(c)(14) intro, 268.1(f) intro, 270.1(c)(2)(viii) intro, 273.1(a) intro, 273.1(b), 273.5, 273.6, 273.10, 273.11, 273.12, 273.14 intro, 273.15-273.31, 273.32(a)(1)&(2), 273.32(b), 273.34 intro, 273.35-273.70 as amended May 11, 1995 (60 FR 25492).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	B.  [OPTIONAL:  This is a reduced requirement.  However, this requirement and the requirements at Subsection XXIII A are necessary for authorization of this requirement.]  State statutes and regulations include hazardous waste batteries as a universal waste as indicated in Revision Checklist 142 B.

Federal Authority:  RCRA §§3001, 3002, 3003, 3004, 3005, 3010, 3013, 3017, and 7004; 40 CFR 260.10, 261.9(a), 264.1(g)(11)(i), 265.1(c)(14)(i), 266.80(a), 266.80(b) intro,  268.1(f)(1), 270.1(c)(2)(viii)(A), 273.1(a)(1), 273.2, 273.6, 273.13(a), 273.14(a), 273.33(a), and 273.34(a) as amended May 11, 1995 (60 FR 25492).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	C.  [OPTIONAL:  This is a reduced requirement.  However, this requirement and the requirements at Subsection XXIII A are necessary for authorization of this requirement.]  State statutes and regulations include hazardous waste pesticides that are either recalled or collected in waste pesticide collection programs as a universal waste as indicated in Revision Checklist 142 C.

Federal Authority:  RCRA §§3001, 3002, 3003, 3004, 3005, 3010, 3013, 3017, and 7004; 40 CFR 260.10, 261.9(b), 264.1(g)(11)(ii), 265.1(c)(14)(ii), 268.1(f)(2), 270.1(c)(2)(viii)(B), 273.1(a)(2), 273.3, 273.6, 273.13(b), 273.14(b)&(c), 273.32(a)(3), 273.33(b), and 273.34(b)&(c) as amended May 11, 1995 (60 FR 25492).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	D.  [OPTIONAL:  This is a reduced requirement.  However, this requirement and the requirements at Subsection XXIII A are necessary for authorization of this requirement.]  State statutes and regulations include hazardous waste thermostats as a universal waste as indicated in Revision Checklist 142 D.

Federal Authority:  RCRA §§3001, 3002, 3003, 3004, 3005, 3010, 3013, 3017, and 7004; 40 CFR 260.10, 261.9(c), 264.1(g)(11)(iii), 265.1(c)(14)(iii), 268.1(f)(3), 270.1(c)(2)(viii)(C), 273.1(a)(3), 273.4, 273.6, 273.13(c), 273.14(d), 273.33(c), and 273.34(d) as amended May 11, 1995 (60 FR 25492).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

	E.  [OPTIONAL:  This is a reduced requirement.  However, this petition process can be authorized only if the State is authorized for the Subsection XXIII A requirements.]  State statutes and regulations allow petitions to include other wastes as universal wastes as indicated in Revision Checklist 142 E.

Federal Authority:  RCRA §3001, 3002, 3003, 3004, 3005, 3010, and 3013; 40 CFR 260.20(a), 260.23, 273.80, and 273.81 as amended May 11, 1995 (60 FR 25492).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General	

XXIV.  DELETED LEGALLY OBSOLETE RULES

	A.  State statutes and regulations include changes to remove legally obsolete rules as indicated by Revision Checklist 144.

Federal Authority:  RCRA §§1006, 2002, 3001, 3002, 3004, 3005, 3007, 3013, 3018, 7004; 40 CFR 261.31(a), 266.103(c)(5), 266.104(f)-(h), 270.2, 270.10(e)(4), 270.10(f)(2), 270.10(g)(1) as amended June 29, 1995 (60 FR 33912).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

XXV.  STATE INITIATED CHANGES

[Use of the following entry is optional.  It was developed for use by a State applying for State initiated changes.  The need for its use is determined by the Region and State.  Some changes may be inconsequential enough that an AG Statement may not be needed. ]

	The State has made amendments to the provisions listed in the table which follows.  These amendments correct typographical and/or printing errors, clarify and make the State's regulations more internally consistent.  The State's program, as amended by these provisions, remains equivalent to and no less stringent than the Federal program. 

State Requirement	Federal Requirement	

		

[State initiated changes resulting in provisions which are more stringent or broader in scope should be listed separately and explained.]

These State initiated changes are submitted under the requirements of 40 CFR 271.21(a).

Seal of Office							
							Signature

								
							Name (Type or Print)

								
							Title

								
							Date

I.  Index to the checklist entries found in the
Model Revision Attorney General's Statement

Revision checklist number/name	Subsections pertaining to checklist

1.	Biennial Report	VIII (A)
2.	Permit Rule:  Settlement
	Agreement	XV (D)
3.	Interim Status Standards	V (A)
4.	Chlorinated Aliphatic Hydrocarbons	I (A)(1)
5.	National Uniform Manifests	VII (A)
6.	Permit Rule - Deficient Part A
	Applications	XVI (J)
7.	Listing Warfarin & Zinc Phosphide 	I (A)(2)
8.	Lime Stabilized Pickle Liquor Sludge	I (D)
9.	Exclusion of Household Waste	I (E)
10.	Interim Status Standards - 
	Applicability	V (A)
11.	Corrections to Test Methods Manual	I (F)
12.	Satellite Accumulation Standards	IV (A)
13.	Definition of Solid Wastes	II (A)
14.	Dioxin Listing and Management
	Standards	III (A)
15.	Interim Status Standards for
	Treatment, Storage, and Disposal
	Facilities	XV (E)
16.	Paint Filter Test	VI (A)
17 A.	Small Quantity Generators
	(Superceded:  See Checklist 23)	I (B)
17 B.	Delisting	I (C)
17 C.	Household Waste	I (E)
17 D.	Waste Minimization	IX (A)(1)&(2)
17 E.	Location Standards for Salt 
	Domes, Salt Beds, Underground 
	Mines, and Caves	XV (A) & (B)
17 F.	Liquids in Landfills	VI (A); X (A)
17 G.	Dust Suppression	XV (C)
17 H.	Double Liners	XVII (A); XVII (B)(1),(2)&(3)
17 I.	Ground-water Monitoring	XI (A) & (B)
17 J.	Cement Kilns	XII (A)(1)&(2)
17 K.	Fuel Labeling	XII (A)(2)
17 L.	Corrective Action	XIII (A)(1),(2),(3)&(4); XVI (H)
17 M.	Pre-construction Ban	XVI (A)
17 N.	Permit Life	XVI (B)

17 O.	Omnibus Provision	XVI (C)
17 P.	Interim Status	XVI (D)(1),(2),(3)&(4); XVI (E) & (F)
17 Q.	Research & Development Permits	XVI (G)
17 R.	Hazardous Waste Exports	XIV (A)
17 S.	Exposure Information	XVIII (A)
18.	Listing of TDI, TDA, DNT	I (A)(3)
19.	Burning of Waste Fuel and Used Oil	XII (A)(2); XX (A)
20.	Spent Solvents Listing	I (A)(4)
21.	EDB Waste Listing	I (A)(5)
22.	Four Spent Solvents Listing	I (A)(6)
23.	Small Quantity Generators	I (B)
24.	Financial Responsibility:
	Settlement Agreement	XV (F)
25.	Paint Filter Test - Correction	VI (A); X (A)
26.	Listing of Spent Pickle Liquor	I (A)(7)
27.	Corporate Guarantee - Liability
	Coverage	XV (G)
28.	Hazardous Waste Storage and Tank 
	Systems	XV (H)
29.	Correction - Commercial Chemical
	Products and Appendix VIII	I (A)(8)
30.	Biennial Reports; Correction	VIII (A); IX (A)
31.	Exports of Hazardous Wastes	XIV (A)
32.	Standards for Generators - Waste
	Minimization Certifications	I (B); VII (A); IX (A)(1)&(2)
33.	Listing of EBDC	I (A)(9)
34.	Land Disposal Restrictions	XXI (A)
35.	Revised Manual SW-846; Amended
	Incorporation by Reference	I (F)
36.	Closure/Post-closure Care for 
	Interim Status Surface Impoundments	XV (F)
37.	Definition of Solid Wastes;
	Technical Corrections	II (A)
38.	Amendments, Part B - Information
	Requirements for Disposal Facilities 	XIII (B)
39.	California List Waste Restrictions	XXI (A) & (B)
40.	List (Phase I) of Hazardous
	Constituents for Ground-water 
	Monitoring	XI (C)
41.	Identification and Listing of
	Hazardous Waste	I (A)(8)

42.	Exception Reporting for Small
	Quantity Generators 	VII (B)
43.	Liability Requirements; Corporate
	Guarantee	XV (G)
44 A.	Permit Application Requirements
	Regarding Corrective Action	XIII (C)
44 B.	Corrective Action Beyond Facility
	Boundary	XIII (D)
44 C.	Corrective Action for Injection Wells	XIII (E)(1),(2)&(3)
44 D.	Permit Modification	XVI (K)
44 E.	Permit as Shield Provision	XVI (L)
44 F.	Permit Conditions to Protect Human
	Health and the Environment	XVI (M)
44 G.	Post-closure Permits	XVI (N)
45.	Hazardous Waste Miscellaneous 
	Units	VII (C); XIII (F); XV (F) & (I); XVI (O)
46.	Technical Correction - Identification
	and Listing of Hazardous Waste	I (A)(8)
47.	Small Quantity Generators; 
	Technical Correction	I (B)
48.	Farmer Exemption; Technical
	Correction	XIV (A)
49.	Treatability Studies Sample 
	Exemption	I (H)
50.	Land Disposal Restrictions
	for First Third Scheduled Wastes	XXI (A), (B) & (C)
51.	Liability Coverage for Owners/
	Operators of Treatment, Storage, 
	and Disposal Facilities	See Revision Checklist 113
52.	Standards for Hazardous Waste  
	Storage and Treatment Tank 
	Systems	XV (H)
53.	Identification and Listing of 
	Hazardous Waste; and Designation,
	Reportable Quantities and
	Notification	I (A)(10); I (I)
54.	Permit Modifications for Waste
	Management Facilities	XVI (P)
55.	Statistical Methods for Evaluating
	Ground-Water Monitoring Data from
	Hazardous Waste Facilities	XI (D)
56.	Removal of Iron Dextran from the
	Lists of Hazardous Wastes 	I (A)(11)
57.	Removal of Strontium Sulfide from
	the Lists of Hazardous Wastes	I (A)(12)
58.	Standards for Generators of 
	Hazardous Waste; Manifest 
	Renewal	VII (D)
59.	Hazardous Waste Miscellaneous 
	Units; Standards Applicable to 
	Owners and Operators	XVI (O)
60.	Amendment to Requirements for
	Hazardous Waste Incinerator Permits	XVI (Q)
61.	Changes to Interim Status Facilities
	for Hazardous Waste Management 
	Permits; 	XVI (R) & (S)
	Modifications of Hazardous Waste
	Management Permits; 	XVI (U)
	Procedures for Post-Closure
	Permitting	XVI (T)
62.	Land Disposal Restrictions 
	Amendments to First Third
	Scheduled Wastes	XXI (C)
63.	Land Disposal Restrictions for
	Second Third Scheduled Wastes	XXI (D) & (E)
64.	Delay of Closure Period for Hazardous 
	Waste Management Facilities	XV (J)
65.	Mining Waste Exclusion I	I (J)(1)
66.	Land Disposal Restrictions; Correction
	to First Third Scheduled Wastes	XXI (B) & (C)
67.	Testing and Monitoring Activities	I (K)
68.	Reportable Quantity Adjustment Methyl
	Bromide Production Waste	I (A)(13)
69.	Reportable Quantity Adjustment	I (A)(14)
70.	Changes to Part 124 Not Accounted 	
	for by Present Checklists	XVI (V)
71.	Mining Waste Exclusion II	I (J)(2); VII (E)
72.	Modification of F019 Listing	I (A)(15)
73.	Testing and Monitoring Activities;	
	Technical Corrections	I (K)
74.	Toxicity Characteristic Revisions	I (L)
75.	Listing of 1,1-Dimethylhydrazine	
	Production Wastes	I (A)(16)
76.	Criteria for Listing Toxic Wastes;
	Technical Amendment	I (M)
77.	HSWA Codification Rule, Double Liners;
	Correction	XVII (B)(1)
78.	Land Disposal Restrictions for
	Third Third Scheduled Wastes 	I (A)(17); XXI (F) & (G)
79.	Organic Air Emission Standards for
	Process Vents and Equipment Leaks	I (N); XV (K)
80.	Toxicity Characteristic; Hydrocarbon	
	Recovery Operations	I (O)
81.	Petroleum Refinery Primary and	
	Secondary Oil/Water/Solids Separation
	Sludge Listings (F037 and F038)	I (A)(18); I (P)
82.	Wood Preserving Listings	I (A)(19); I (Q) & (R); XV (L); XVI (W)
83.	Land Disposal Restrictions for Third	
	Third Scheduled Wastes; Technical	
	Amendments	I (A)(17); XXI (F) & (G)
84	Toxicity Characteristic; 	
	Chlorofluorocarbon Refrigerants	I (S)
85.	Burning of Hazardous Waste in Boilers
	and Industrial Furnaces	I (T) & (U); II (B); XVI (X); XX (C)
86.	Removal of Strontium Sulfide from the
	List of Hazardous Waste; Technical
	Amendment	I (A)(12)
87.	Organic Air Emission Standards for
	Process Vents and Equipment Leaks;
	Technical Amendment	XV (K)
88.	Administrative Stay for K069 Listing	I (A)(20)
89.	Revision to F037 and F038 Listings	I (A)(21)
90.	Mining Exclusion III	I (J)(2)
91.	Administrative Stay for F032, F034
	and F035 Listings	I (A)(22); XV (M)
92.	Wood Preserving Corrections	I (Q) & (R); XV (L); XVI (W)
93.	Liability Requirements; Technical
	Amendments	See Revision Checklist 113
94.	Boilers and Industrial Furnaces	
	Correction/Technical Amendment I	XVI (X); XX (C)
95.	Land Disposal Restrictions for	
	Electric Arc Furnace Dust (K061)	I (V) & (W); XXI (H)

96.	Boilers and Industrial Furnaces	
	Technical Amendments II	II (B); XX (C)
97.	Exports of Hazardous Waste;	
	Technical Correction	XIV (A)
98.	Administrative Stay for Certain	
	Coke Ovens	XX (D)
99.	Amendments to Interim Status 	
	Standards for Downgradient Ground-
	Water Monitoring Well Locations	XI (E)
100.	Liners and Leak Detection Systems
	for Hazardous Waste Land 
Disposal Units	XVI (Y); XVII (C)
101.	Administrative Stay for the 
Requirement that Existing Drip Pads
be Impermeable	XV (N)
102.	Second Correction to the Third
Third Land Disposal Restrictions	XXI (F)
103.	Hazardous Debris Case-by-Case
Capacity Variance	XXI (I)
104.	Used Oil Filter Exclusion	I (X)
105.	Recycled Coke By-Product Exclusion	I (Y); XX (D)
106.	Lead-Bearing Hazardous Materials
Case-by-Case Capacity	XXI (J)
107.	Used Oil Filter Exclusion; Technical
	Corrections	I (X)
108.	Toxicity Characteristic Revisions;
	Technical Corrections	I (L)
109.	Land Disposal Restrictions for Newly
Listed Wastes and Hazardous Debris	XXI (K), (L) & (M)
110.	Coke By-Products Listings	I (A)(23); I (Y)
111.	Burning of Hazardous Waste in Boilers
	and Industrial Furnaces; Technical 
	Amendment III	II (B); XX (C)
112.	Recycled Used Oil Management Standards	XX (E)
113.	Consolidated Liability Requirements	XV (O), (P) & (Q)
114.	Burning of Hazardous Waste in Boilers
	and Industrial Furnaces; Technical
	Amendment IV	XX (C)
115.	Chlorinated Toluenes Production 
	Waste Listing	I (A)(24)
116.	Hazardous Soil Case-by-Case Capacity
	Variance	XXI (I) & (N)
117A.	Mixture and Derived-From Rules 
	Reissuance	I (Z)
117B.	Toxicity Characteristic Amendment	I (L)
118.	Liquids in Landfills II	X (B)
119.	Toxicity Characteristic Revision;
	TCLP Correction	I (AA)
120.	Wood Preserving; Amendments to
	Listings and Technical Requirements	I (A)(22), (25) & (26); XV (L),(M),(R),(S)&(T)
121.	Corrective Action Management Units
	and Temporary Units	XIII (G)
122.	Recycled Used Oil Management
	Standards; Technical Amendments
	and Corrections	XX (E)
123.	Land Disposal Restrictions; Renewal
	of the Hazardous Waste Debris
	Case-by-Case Capacity Variance	XXI (I) & (N)
124.	Land Disposal Restrictions for Ignitable
	and Corrosive Characteristic Wastes
	Whose Treatment Standards
	Were Vacated	XXI (O)
125.	Boilers and Industrial Furnaces;
	Changes for Consistency with 
	New Air Regulations	XX (F)
126.	Testing and Monitoring Activities	I (BB)
127.	Boilers and Industrial Furnaces;
Administrative Stay and Interim
	Standards for Bevill Residues	XX (G)
128.	Wastes From the Use of Chlorophenolic
	Formulations in Wood Surface Protection	I (A)(27); I (CC)
129.	Revision of Conditional Exemption
	for Small Scale Treatability Studies	I (DD)
130.	Recycled Used Oil Management Standards;
	Technical Amendments and Corrections II	XX (E)
131.	Recordkeeping Instructions;
	Technical Amendment	VII (F)
132.	Wood Surface Protection; Correction	I (CC)
133.	Letter of Credit Revision	XV (U)
134.	Correction of Beryllium Powder
	(P015) Listing	I (A)(28); XXI (P)
135.	Recovered Oil Exclusion	I (EE)
136.	Removal of the Conditional Exemption
	for Certain Slag Residues	XV (V)
137.	Universal Treatment Standards and 
	Treatment Standards for Organic 
	Characteristic Wastes and 
	Newly Listed Waste	II (C); XX (H); XXI (Q), (R), & (S)
138.	Organic Air Emissions Standards for
	Tanks, Surface Impoundments,
	and Containers	See Revision Checklist 154
139.	Testing and Monitoring Activities
Amendment	I (CC)
140.	Carbamate Production Identification
	and Listing of Hazardous Waste	I (A)(29); I (FF), (GG), & (HH)
141.	Testing and Monitoring Activities 
	Amendment II	I (CC)
142A.	Universal Waste Rule:  General Provisions	XXIII (A)
142B.	Universal Waste Rule:  
	Specific Provisions for Batteries	XXIII (B)
142C.	Universal Waste Rule:
	Specific Provisions for Pesticides	XXIII (C)
142D.	Universal Waste Rule:
	Specific Provisions for Thermostats	XXIII (D)
142E.	Universal Waste Rule:  Provisions for 
	Petitions to Add a New Universal Waste	XXIII (E)
143.	Organic Air Emission Standards for Tanks,
	Surface Impoundments, and Containers;
	Amendment	See Revision Checklist 154
144.	Removal of Legally Obsolete Rules	XXIV
145.	Liquids in Landfills III	X (C)
146.	Organic Air Emission Standards for Tanks,
	Surface Impoundments, and Containers;
	Amendment II	See Revision Checklist 154
147.	Recycled Used Oil Management Standards;
	Administrative Stay on Mixtures of
	Used Oil and Hazardous Wastes	Withdrawn
148.	RCRA Expanded Public Participation	XVI (Z)
149.	Organic Air Emission Standards for Tanks,
	Surface Impoundments, and Containers;
	Amendment III	See Revision Checklist 154
150.	Amendments to the Definition of Solid
	Waste; Amendment II	I (II)
151.	Land Disposal Restrictions Phase III -
	Decharacterized Wastewaters, Carbamate
	Wastes, and Spent Potliners	XXI (T)
152.	Imports and Exports of Hazardous
	Waste:  Implementation of OECD
	Council Decision	Not Needed
153.	Conditionally Exempt Small Quantity Generator
Disposal Options under Subtitle D	I (JJ)
154.	Consolidated Organic Air Emission
	Standards for Tanks, Surface Impoundments,
	and Containers	XV (W)
155.	Land Disposal Restrictions Phase III--
	Emergency Extension of the K088 Capacity 
	Variance	XXI (U)
156.	Military Munitions Rule:  Hazardous Waste
	Identification and Management; Explosives
	Emergencies; Manifest Exemption for Transport
	of Hazardous Waste on Right-of-Ways on 
	Contiguous Properties	VII (G); XV (X), (Y), & (Z); XVI (AA)
157.	Land Disposal Restrictions Phase IV--
	Treatment Standards for Wood Preserving 
	Wastes, Paperwork Reduction and Streamlining,
	Exemptions From RCRA for Certain 
	Processed Materials; and Miscellaneous 
	Hazardous Waste	I (KK); XXI (V), (W), (X), & (Y)
158.	Testing and Monitoring Activities--
	Amendment III	I (LL)
159.	Conformance With the Carbamate Vacatur	I (MM); XXI (Z)
160.	Land Disposal Restrictions Phase III -- 
	Emergency Extension of the K088 National
	Capacity Variance	XXI (U)
161.	Second Emergency Revision of the Land 
	Disposal Restrictions (LDR) Treatment 
	Standards for Listed Hazardous Wastes From
	Carbamate Production	XXI (AA)
162.	Clarification of Standards for Hazardous 
	Waste Land Disposal Restriction Treatment 
	Variances	XXI (BB)
163.	Hazardous Waste Treatment, Storage, and 
	Disposal Facilities and Hazardous Waste 
	Generators; Organic Air Emission Standards 
	for Tanks, Surface Impoundments, 
	and Containers	XV (W)
164.	National Emission Standards for Hazardous 
	Air Pollutants for Source Category: Pulp and
	 Paper Production; Effluent Limitations 
	Guidelines, Pretreatment Standards, and New
	 Source Performance Standards; Pulp, Paper,
	 and Paperboard Category	I (NN)
165.	Organobromine Production Wastes;
	 Identification and Listing of Hazardous 
	Waste; Land Disposal Restrictions; Listing 
	of CERCLA Hazardous Substances, 
	Reportable Quantities	I (A)(30), XXI (CC)--Withdrawn
166.	Recycled Used Oil Management Standards;
Technical Correction and Clarification	XX (E)
167A.	Land Disposal Restrictions Phase IV –
	Treatment Standards for Metal Wastes and
	Mineral Processing Wastes	XXI (DD) & (EE)
167B.	Land Disposal Restrictions Phase IV –
	Hazardous Soils Treatment Standards 
	and Exclusions	XXI (FF)
167C.	Land Disposal Restrictions Phase IV –  
	Corrections	XXI (GG)
167D.	Mineral Processing Secondary Materials 
	Exclusion	II (D)
167E.	Bevill Exclusion Revisions and Clarifications	I (OO) & (PP)
167F.	Exclusion of Recycled Wood Preserving 
	Wastewaters	II (E)
168.	Hazardous Waste Combustors Revised
	Standards	II (F); XVI (BB)

	

II.  Index to the non-checklist entries found in the 
Model Revision Attorney General's Statement

Description	Pertinent subsections

Agency for Toxic Substances and Disease
Registry, making assessment information
available to	XVIII (B)

Availability of Information	XIX (A)(1)-(5)

Burning and blending of hazardous waste,
RCRA §§3004(q)(2)(A) & 3004(r)(2) & (3)
exceptions	XII (B)

Criminal penalties for waste fuel and
used oil fuel requirement violations	XX (B)

Radioactive mixed wastes, hazardous
components of	I (G)

Surface Impoundments:

	1.	existing units subject to Subtitle C on
November 8, 1984, must comply with
new unit requirements by November 8, 
1988 or stop hazardous waste activity,
newly regulated surface impoundments
must comply within 4 years after listing
		or characteristic is promulgated
		(after November 8, 1984)	XVI (I)(1)

	2.	disposal of waste prohibited from
		land disposal under RCRA §3004(d),
		(e) or (g)	Not Needed1/

	3.	variance under RCRA §3005(j)(2-9)
		and (13)	XVI (I)(2)

Third party direct action against financial
responsibility insurer or guarantor	Not Delegable

	1/	These requirements are taken care of when State adopts an analog to 40 CFR 268.4, per the Land Disposal Restriction checklists.