RCRA REVISION CHECKLIST 81

Petroleum Refinery Primary and Secondary
Oil/Water/Solids Separation Sludge Listings (F037 and F038)
55 FR 46354-46397
November 2, 1990 
as amended on December 17, 1990, at 55 FR 51707
(RCRA Cluster I, HSWA)

Following the promulgation of the two rules addressed by this checklist, an interim final rule (56 FR 21955; May 13, 1991; Revision Checklist 89) revised the definition of wastes subject to the F037 and F038 listings.  That rule also clarified that, with regard to F038, floats generated in aggressive biological treatment units are not included in the listing description of that waste stream.  Because these changes narrow the scope of the F037 and F038 listings, they are considered optional.  States wishing to adopt the optional changes addressed by Revision Checklist 89 are strongly encouraged to adopt them at the same time the Revision Checklist 81 provisions are adopted.
	
				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 D - LISTS OF HAZARDOUS WASTES

HAZARDOUS WASTES FROM NON-SPECIFIC SOURCES	
1	,2	add the waste codes
"F037" and "F038" to 
list in alphanumeric
order as shown 
below; redesignate the
introductory paragraph
and the table as
paragraph (a)	261.31(a)	

Industry and EPA hazardous						Hazard
         waste No.			Hazardous waste		 	 code	  	 

       *              *            *             *            *            *            *            *       
F037	Petroleum refinery primary oil/water/solids separation sludge--Any sludge 	(T)
		generated from the gravitational separation of oil/water/solids during the storage or treatment of process wastewaters and oily cooling wastewaters from petroleum refineries.  Such sludges include, but are not limited to, those generated in:  oil/water/solids separators; tanks and impoundments; ditches and other conveyances; sumps; and stormwater units receiving dry weather flow.  Sludges generated in stormwater units that do not receive dry weather flow, sludges generated in aggressive biological treatment units as defined in §261.31(b)(2) (including sludges generated in one or more additional units after wastewaters have been treated in aggressive biological treatment units) and K051 wastes are not included in this listing.
F038	Petroleum refinery secondary (emulsified) oil/water/solids separation sludge--	(T)
		Any sludge and/or float generated from the physical and/or chemical separation of oil/water/solids in process wastewaters and oily cooling wastewaters from petroleum refineries.  Such wastes include, but are not limited to, all sludges and floats generated in:  induced air flotation (IAF) units, tanks and impoundments, and all sludges generated in DAF units.  Sludges generated in stormwater units that do not receive dry weather flow, sludges generated in aggressive biological treatment units as defined in §261.31(b)(2) (including sludges generated in one or more additional units after wastewaters have been treated in aggressive biological treatment units) and F037, K048, and K051 wastes are not included in this listing.

       *              *            *             *            *            *            *            *     
	
add new paragraph
entitled "Listing
Specific Definitions:"	261.31(b)	
definition of oil/water/
solids for the 
purposes of F037 
and F038 listings	261.31(b)(1)	
for the purposes of
F037 and F038, 
aggressive biological
treatment units 
are defined as units
which employ 
one of four specified
treatment methods; 
specific requirements
for high-rate aeration:	261.31(b)(2)(i)	
units employ a 
minimum of 6 hp per
million gallons of
treatment volume and
either:	261.31(b)(2)(i)(A)	
the hydraulic retention
time of the unit is no
longer than 5 days	261.31(b)(2)(i)(B)	
the hydraulic retention
time is no longer than
30 days and the unit
does not generate a 
sludge that is 
hazardous waste by 
the Toxicity 
Characteristic	261.31(b)(2)(i)(C)	
generators and 
treatment, storage
and disposal
facilities must prove
their sludges are 
exempt from listing
as F037 and F038 
wastes; maintenance
of documents and
data sufficient
to prove that:	261.31(b)(2)(ii)	
unit is an aggressive
biological treatment
unit as defined in 
261.31(b)(2)	261.31(b)(2)(ii)(A)	
		sludges were actually
generated in the 
aggressive biological
treatment unit	261.31(b)(2)(ii)(B)	
sludges are 
considered to be
generated at the 
moment of deposition
in the unit
for the purposes of
the F037 listing;
deposition defined	261.31(b)(3)(i)	
for the purposes of
the F038 listing	261.31(b)(3)(ii)	
sludges are 
considered to be
generated at the 
moment of deposition
in the unit;
deposition defined 	261.31(b)(3)(ii)(A)	
floats are considered
to be generated at 
the moment they are
formed in the top of
the unit	261.31(b)(3)(ii)(B)	

APPENDIX VII TO PART 261

BASIS FOR LISTING HAZARDOUS WASTE	 
add the waste codes
"F037" and "F038"
in alphanumeric
order to list as
shown below: 	Appendix VII	

APPENDIX VII.--BASIS FOR LISTING
HAZARDOUS WASTE

	EPA hazardous	Hazardous constituents for
	  waste No.	      which listed

*   *   *   *   *   *   *   *   *   *   *   *

	F037	Benzene, benzo(a)pyrene,
		  chrysene, lead, chromium.
	F038	Benzene, benzo(a)pyrene chry-
		  sene, lead, chromium.

*   *   *   *   *   *   *   *   *   *   *   *