                          RCRA REVISION CHECKLIST 203
             Recycled Used Oil Management Standards; Clarification
                             68 FR 44659  -  44665
                                 July 30, 2003
                         (RCRA Cluster XIV, Non-HSWA)
                                       
Name of State:  Washington

State Statutory Authority:  Chapter 70.105 RCW

Title of Regulations: Chapter 173-303 WAC        Effective Date:  July 31, 2009

Date Checklist Completed:  May 10, 2010


                             FEDERAL REQUIREMENTS
                             FEDERAL RCRA CITATION
                           ANALOGOUS STATE CITATION
                                 WAC 173-303-
                               STATE ANALOG IS:



                                  EQUIV-ALENT
LESS STRIN-GENT
                                MORE STRIN-GENT
                               BROADER IN SCOPE
          PART 261  -  IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
                             SUBPART A -- GENERAL
SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS
amend paragraph 261.5(j) by removing both phrases, "if it is destined to be burned for energy recovery"
261.5(j)
070(8)(c)
The state rule is more stringent because CESQG wastes mixed with used oil cannot be managed as used oil when it is burned for energy recovery.  These mixtures must be managed under section 510 rules on dangerous waste burned for energy recovery. The federal rule allows CESQGs to mix their wastes with used oil and burn it for energy recover.
 
                                       

                                       X

             PART 279  -  STANDARDS FOR THE MANAGEMENT OF USED OIL
                          SUBPART B -- APPLICABILITY
APPLICABILITY
Revise paragraph (i) to read as follows:
279.10
515(3) IBR
045(1)
                                       

                                       X

Used oil containing PCBs at any concentration less than 50 ppm is subject to requirements of this Part unless it is regulated under 40 CFR 761 as a used oil containing PCBs at 50 ppm or greater.  PCB-containing used oil subject to the requirements of this Part may also be subject to prohibitions and requirements at 40 CFR 761, including 20(d) and (e).  Used oil containing PCBs at concentrations of 50 ppm or greater is not subject to requirements of this Part, but is subject to regulation under Part 761. No person may avoid these provisions by diluting used oil containing PCBs, unless otherwise specifically provided for in this Part or Part 761 of this chapter.
279.10(i)
515(3) IBR
045(1)

The state rule is more stringent because it requires that any testing performed to meet used oil standards use specific test methods listed in WAC 173-303-110(3). 
                                       

                                       X

              SUBPART H -- STANDARDS FOR USED OIL FUEL MARKETERS
TRACKING
279.74 is revised so paragraph (b) reads as follows:
279.74
515(11) IBR
045(1) 
                                       X



A generator, transporter, processor/re-refiner, or burner who first claims that used oil that is to be burned for energy recovery meets the fuel specifications under 279.11 must keep a record of each shipment to the facility to which it delivers the used oil.  Records for each shipment must include the following information
279.74(b)
515(11) IBR
045(1) 
                                       X



Name and address of facility receiving the shipment;
279.74(b)(1)
515(11) IBR
045(1) 
                                       X



Quantity of used oil fuel delivered;
279.74(b)(2)
515(11) IBR
045(1) 
                                       X



Date of shipment or delivery; and
279.74(b)(3)
515(11) IBR
045(1) 
                                       X



A cross-reference to the record of used oil analysis or other information used to make the determination that the oil meets the specification as required under 279.72(a).
279.74(b)(4)
515(11) IBR
045(1)
                                       X




