SPECIAL CONSOLIDATED CHECKLIST
	for the
	Treatability Studies Sample Exemption as of December 31, 2002

Notes:  1)  This checklist consolidates the changes to Federal code addressed by the following Treatability Studies Sample Exemption checklists through December 31, 2002:
	
$	Revision Checklist 49 (53 FR 27290; July 19, 1988); and
$	Revision Checklist 129 (59 FR 8362; February 18, 1994).

No final rules were promulgated between June 30, 1994 and December 31, 2002 that affected the Treatability Studies rule.  Therefore, this consolidated checklist is identical to that of June 30, 1994.

2)  The standards addressed by 261.4(e) and (f) as introduced by the July 29, 1988 rule (53 FR 27290; Revision Checklist 49) are less stringent than existing Federal requirements; thus, authorized States are not required to adopt them.  EPA strongly encourages States to do so, however, to facilitate evaluating remediation alternatives for CERCLA clean-ups and for the RCRA Corrective Action Program.  These requirements will also speed research and development for treatment alternatives to land disposal and waste minimization, recycling, and reuse.  These requirements were amended by a February 18, 1994 rule (59 FR 8362-8366; Revision Checklist 129) which increases the quantity and time limits for contaminated media to be used in treatability studies.  States which are not authorized for Revision Checklist 49 and who choose to adopt this checklist are encouraged to adopt the revisions addressed in Revision Checklist 129 at the same time the requirements addressed by Revision Checklist 49 are adopted.

	
FEDERAL REQUIREMENTS	
CHECKLIST
REFERENCE	
FEDERAL RCRA CITATION	
ANALOGOUS STATE CITATION	
STATE ANALOG IS:	
					
EQUIV-ALENT	
LESS
STRIN-
GENT	
MORE STRIN-GENT	
BROADER IN SCOPE	

PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM:  GENERAL	

SUBPART B - DEFINITIONS	

DEFINITIONS	

H	
add "treatability study"	
49	
260.10	

	

	
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE	

SUBPART A - GENERAL	

H	
EXCLUSIONS	

regulation of treatability study samples and relation to quantity determination of 261.5 and 262.34(d)	
49	
261.4(e)(1)	

	

	
collection and preparation of sample for transport	
49	
261.4(e)(1)(i)	

	

	
accumulation or storage of sample prior to transport	
49	
261.4(e)(1)(ii)	

	

	
transport of sample to laboratory or testing facility	
49	
261.4(e)(1)(iii)	

	

	
introductory paragraph regarding provisions for exemption under (e)(1)	
49	
261.4(e)(2)	

	

	
sample size limits by hazardous waste type for sample collector	
49,129	
261.4(e)(2)(i)	

	

	
weight limit
for each sample shipment	
49,129	
261.4(e)(2)(ii)	

	

	
packaging requirements for sample	
49	
261.4(e)(2)(iii)	

	

	
compliance with U.S. DOT, USPS or other for transport	
49	
261.4(e)(2)(iii)(A)	

	

	
information required if DOT, USPS, or other do not apply to shipment	
49	
261.4(e)(2)(iii)(B)
(1)-(5)	

	

	
laboratory or testing facility requirements	
49	
261.4(e)(2)(iv)	

	

	
3 year maintenance of specified records	
49	
261.4(e)(2)(v)	

	

	
records which must be maintained	
49	
261.4(e)(2)(v)(A)-(C)	

	

	
biennial report requirements	
49	
261.4(e)(2)(vi)	

	

	
granting requests for an additional two years for treatability studies involving bioremediation; granting of requests for quantities in excess of the 261.4(e)(2)(i)&(ii) and 261.4(f)(4) limits; application procedure	
49,129	
261.4(e)(3)	

	

1	
factors to be considered when reviewing requests for authorization to ship, store and conduct treatability studies on additional quantities in advance of commencing treatability studies	
129	
261.4(e)(3)(i)	

	

1	
factors to be considered when reviewing requests for authorization to ship, store and conduct treatability studies on additional quantities after initiation or completion of initial  treatability studies	
49,129	
261.4(e)(3)(ii)	

	

1	
additional quantities and timeframes are subject to all of the provisions of paragraph 261.4(e)(1) and 261.4(e)(2)(iii)-(vi); the sample collector must provide the following information:	
49,129	
261.4(e)(3)(iii)	

	

1	
reason for request and additional time or quantity needed	
49,129	
261.4(e)(3)(iii)(A)	

	

1	
required documentation	
49,129	
261.4(e)(3)(iii)(B)	

	

1	
description of technical modifications	
49,129	
261.4(e)(3)(iii)(C)	

	

1	
equipment and mechanical failure information	
49,129	
261.4(e)(3)(iii)(D)	

	

1	
other information	
49,129	
261.4(e)(3)(iii)(E)	

	

	
requirements for samples undergoing treatability studies at labs and testing facilities	
49	
261.4(f)	

	

	
notification requirements	
49	
261.4(f)(1)	

	

	
EPA identification number of laboratory or testing facility	
49	
261.4(f)(2)	

	

	
single day quantity restrictions on initiation of treatment studies	
49,129	
261.4(f)(3)	

	

	
quantity limitations on storage of treatability study samples; limitation does not include treatment materials	
49,129	
261.4(f)(4)	

	

	
90 days/1 year limitations  (two years for treatability studies involving bioremediation) on duration of exemption; up to 500 kg of treated materials from a particular wastestream may be archived for up to 5 years	
49,129	
261.4(f)(5)	

	

	
land placement and open burning of study samples not allowed	
49	
261.4(f)(6)	

	

	
3 year maintenance and storage of treatability study records	
49	
261.4(f)(7)	

	

	
list of specific information needed for each treatability study	
49	
261.4(f)(7)(i)-(vii)	

	

	
3 year maintenance of shipping records and treatability study contract	
49	
261.4(f)(8)	

	

	
laboratory or treatability study facility annual report requirement	
49	
261.4(f)(9)	

	

	
required annual report information	
49	
261.4(f)(9)(i)-(vii)	

	

	
hazardous waste determination for unused samples by facility	
49	
261.4(f)(10)	

	

	
notification when facility discontinues treatability studies	
49	
261.4(f)(11)	

	

H	Optional
HH	Conditionally Optional