RCRA REVISION CHECKLIST 248

	Management of Certain Hydrofluorocarbons and Substitutes 89 FR 82682 - 82872
	October 11, 2024
	(RCRA Cluster XXXIII, HSWA)

Name of State:  

State Statutory Authority: 

Title of Regulations:  							Effective Date:   

Date Checklist Completed:  

	
FEDERAL REQUIREMENTS	
FEDERAL RCRA CITATION	
ANALOGOUS STATE CITATION	
STATE ANALOG IS:	
				
EQUIV-ALENT	
LESS
STRIN-
GENT	
MORE STRIN-GENT	
BROADER IN SCOPE	
		PART 261—IDENTIFICATION AND LISTING OF HAZARDOUS WASTE		
	Amend to read: The following recyclable materials are not subject to the requirements of this section but are 
regulated under subparts C through Q of part 266 of this chapter and all applicable provisions in parts 268, 270, and 124 of this chapter.	261.6(a)(2) introductory paragraph						
	Ignitable spent refrigerants recycled for reuse (40 CFR part 266, subpart Q).	261.6 (a)(2)(v)						
	Amend to read: The requirements of this subpart apply to (1) those areas of an entity managing hazardous 
secondary materials excluded under § 261.4(a)(23) and/or (24) where such materials are generated or accumulated on site, and (2) facilities regulated under the standards at § 266 subpart Q that receive ignitable spent refrigerant from off-site and that are not transfer facilities that store the refrigerants for less than ten (10) days.	261.400 the introductory text						
	Add to read: Facilities receiving refrigerant from off-site under § 266 subpart Q that are not transfer facilities that store the refrigerants for less than ten (10) days must comply with §§ 261.410 and 261.420.	261.400(c)						
	Amend to read: Contingency planning and emergency procedures for facilities generating or accumulating more than 6,000 kg of hazardous secondary material or receiving ignitable spent refrigerants	261.420 section heading 						
	A generator or an intermediate or reclamation facility that generates or accumulates more than 6,000 kg of hazardous secondary material, or a facility receiving refrigerant from off-site under § 266 subpart Q, that is not a transfer facility that stores the refrigerants for less than ten (10) days 
must comply with the following requirements:	261.420 introductory text						
	PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE	
	Amend to read: Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or	262.14(a)(5)(vi)(A)(1)						
	Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation; and	262.14(a)(5)(vi)(A)(2)						
	For ignitable spent refrigerants regulated under part 266 subpart Q, meets the requirements of that subpart.	262.14(a)(5)(vi)(B)						
	PART 266—STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES	
	Add subpart Q to read as follows: Subpart Q—Ignitable Spent Refrigerants Recycled for Reuse	Subpart Heading						
	Purpose and applicability.	266.600 heading						
	The purpose of this subpart is to
reduce emissions of ignitable spent
refrigerants to the lowest achievable
level by maximizing the recovery and
safe recycling for reuse of such
refrigerants during the service, repair,
and disposal of appliances.	266.600(a)						
	The requirements of this subpart
operate in lieu of parts 260 through 270
of this chapter and apply to lower
flammability spent refrigerants, as
defined in § 266.601, where the
refrigerant exhibits the hazardous waste
characteristic of ignitability per § 261.21
of this chapter and is being recycled for
reuse in the United States.	266.600(b)						
	These requirements do not apply to other ignitable spent refrigerants. 
Ignitable spent refrigerants not subject 
to this subpart are subject to all 
applicable requirements of parts 260 
through 270 of this chapter when 
recovered (i.e., removed from an 
appliance and stored in an external 
container) and/or disposed of.	266.600(c)						
	Definitions for this subpart	266.601 heading						
	For the purposes of this subpart, the
following terms have the meanings 
given below:	266.601 introductory paragraph						
	Refrigerant has the same meaning 
as defined in 40 CFR 82.152.	266.601(a)						
	Ignitable spent refrigerant is a used 
refrigerant that cannot be reused 
without first being processed, and that 
exhibits the hazardous characteristic of 
ignitability per § 261.21 of this chapter. 
Used refrigerants that can be 
legitimately reused without processing 
are not spent refrigerant.	266.601(b)						
	Recycle for reuse, when referring 
to an ignitable spent refrigerant, means 
to process the refrigerant to remove 
contamination and prepare it to be used
again. ‘‘Recycle for reuse’’ does not 
include recycling that involves burning 
for energy recovery or use in a manner 
constituting disposal as defined in 
§ 261.2(c) of this chapter, or sham 
recycling as defined in § 261.2(g) of this 
chapter.	266.601(c)						
	Lower flammability spent refrigerant means a spent refrigerant that is not considered highly flammable. Highly flammable refrigerants include but are not limited to the following chemicals: butane, isobutane, methane, propane, and/or propylene.	266.601(d)						
	Standards for ignitable spent refrigerant recycled for reuse under this subpart. 	266.602 heading						
	Persons who recover (i.e., remove from an appliance and store in an external container) and/or recycle ignitable spent refrigerants for reuse either for further use in equipment of the same owner, or in compliance with motor vehicle air conditioner (MVAC) standards in 40 CFR part 82, subpart B, 
or who send recovered refrigerant offsite to be recycled for reuse must:	266.602(a)						
	Recover and/or recycle for reuse the ignitable spent refrigerant using equipment that is certified for that type of refrigerant and appliance under §§ 82.36 and/or 82.158 of this chapter; and 	266.602(a)(1)						
	Not speculatively accumulate the 
ignitable spent refrigerant per § 261.1(c) of this chapter.	266.602(a)(2)						
	Persons who receive ignitable spent refrigerants from off-site, and are not a transfer facility that stores the 
refrigerants for less than ten (10) days 
before sending the refrigerant to another site to be recycled for reuse, must: 	266.602(b)						
	If recovering the refrigerant, recover the ignitable spent refrigerant using equipment that is certified for that type of refrigerant and appliance under § 82.36 of this chapter; 	266.602(b)(1)						
	Meet the applicable emergency 
preparedness and response requirements of 40 CFR part 261, subpart M; and 	266.602(b)(2)						
	Not speculatively accumulate the 
ignitable spent refrigerant per § 261.1(c) of this chapter.	266.602(b)(3)						
	Persons receiving ignitable spent 
refrigerant from off-site to be recycled 
for reuse under this subpart must:	266.602(c)						
	Maintain certification by EPA under § 82.164 of this chapter; 	266.602(c)(1)						
	Meet the applicable emergency 
preparedness and response 
requirements of 40 CFR part 261, 
subpart M; and	266.602(c)(2)						
	Starting with the calendar year 
beginning January 1, 2029, not 
speculatively accumulate the ignitable 
spent refrigerant per § 261.1(c) of this 
chapter.	266.602(c)(3)						
	PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM 	
	Add to read as follows: Recyclers of ignitable spent refrigerants subject to regulation under 40 CFR part 266, subpart Q.	270.1 (c)(2)(xi)