RCRA REVISION CHECKLIST 74

Toxicity Characteristic Revisions
55 FR 11798-11877
March 29, 1990
as amended on June 29, 1990, at 55 FR 26986-26998
(RCRA Cluster II)

Note:  1)  A correction to the preamble of the March 29, 1990 rule was published on August 2, 1990 (55 FR 31387).  This notice corrected an implementation timetable and extended the period of time within which affected small quantity generators must comply with the new modification requirements.  An August 10, 1990 (55 FR 32733) notice corrected the August 2, 1990 notice.  On September 27, 1990, a clarification to the March 29 final rule was published in the Federal Register (55 FR 39409) regarding four implementation issues.  The clarification did not affect the Federal code addressed by this checklist.  An interim final rule promulgated on October 5, 1990 (55 FR 40834) did affect the Federal code relevant to the Toxicity Characteristic.  A separate revision checklist (Revision Checklist 80) was developed to address those changes effected by the interim final rule.

2)  Two interim final rules (55 FR 40834; October 5, 1990 and 56 FR 3978; February 1, 1991) and a final rule (56 FR 13406; April 2, 1991) extended the compliance date of the Toxicity Characteristic (TC) rule for certain hydrocarbon recovery and remediation operations.  This extension is addressed by Revision Checklist 80.  Because a less stringent requirement than that imposed by the TC rule is in effect until January 23, 1993, that Revision Checklist is optional.

3)  States are strongly encouraged to adopt the Permit Modifications rule (53 FR 37912; September 28, 1988; Revision Checklist 54) and the "Christmas Tree Rule" (54 FR 9596; March 7, 1989; Revision Checklist 61) to ease implementation of the Toxicity Characteristic Rule and future waste listings.  While both of these rules are optional, they will greatly reduce the immediate permit burden resulting from the TC rule.
	
				STATE ANALOG IS:	
		     ANALOGOUS	  EQUIV-	   MORE	BROADER
   FEDERAL REQUIREMENT     | 	FEDERAL RCRA CITATION    |	   STATE CITATION	| ALENT  |	STRINGENT |	IN SCOPE	

PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A - GENERAL

EXCLUSIONS	 
replace "characteristic
of EP toxicity" with
"Toxicity Characteristic"	 261.4(b)(6)(i)	
replace "characteristic
of EP toxicity" with
"Toxicity Characteristic 
solely for arsenic"	 261.4(b)(9)	
	1	add new paragraph
regulating petroleum-
contaminated media 
and debris that fail the
261.24 Toxicity Char-
acteristic test and
are subject to Part 280
corrective action	 261.4(b)(10)	

PCB WASTES REGULATED UNDER TOXIC SUBSTANCE CONTROL ACT	 
exemption for PCB-
containing wastes, 
already regulated 
under Part 761 
(TSCA), that fail the 
261.24 Toxicity Char-
acteristic test (D018 
through D043 only)	 261.8	

SUBPART C - CHARACTERISTICS OF HAZARDOUS WASTE

TOXICITY CHARACTERISTIC	 
remove "EP" before 
"toxicity"; insert "using 
the methodology 
outlined in Appendix II" 
after "after filtering";
change "purposes" to
"purpose"	 261.24(a)	
		remove "EP" before
"toxicity"; add D018
through D043 to
Table 1; as per 
technical correction,
change the word 
"hydroxide" in the
contaminant for 
D031 to "epoxide";
add new
column with CAS
numbers	 261.24(b)	

SUBPART D - LISTS OF HAZARDOUS WASTES

GENERAL	 
replace "EP Toxic 
Waste" in the hazard
codes and in the text
following the hazard 
codes with "Toxicity
Characteristic Waste"	 261.30(b)	

APPENDIX II TO PART 261

METHOD 1311 TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP)	 
2		EP toxicity test PRO-
cedures are replaced
by Method 1311 
Toxicity Character-
istic Leaching
Procedures (TCLP)	 Appendix II	

PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS
WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART N - LANDFILLS

DESIGN AND OPERATING REQUIREMENTS	 
replace "EP Toxicity
Characteristics" with
"Toxicity Character-
istics"; insert "with 
EPA Hazardous 
Waste Numbers D004
through D017"
after "chapter"	 264.301(e)(1)	

PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF 
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART K - SURFACE IMPOUNDMENTS

DESIGN REQUIREMENTS	 
replace "EP Toxicity
Characteristics" with
"Toxicity Character-
istics"; insert "with EPA
Hazardous Waste 
Numbers D004 through
D017" after "chapter"	 265.221(d)(1)	

SUBPART M - LAND TREATMENT

WASTE ANALYSIS	 
replace "exceed" with
"equal or exceed";
replace "EP Toxicity
Characteristic" 
with "Toxicity 
Characteristic"	 265.273(a)	

PART 268 - LAND DISPOSAL RESTRICTIONS

APPENDIX I TO PART 268

TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP)	 
3		replace Appendix with
note stating the TCLP 
is located in 
Appendix II of 
Part 261	 Appendix I