Revision Checklist 218 Summary

Rule Title:	Hazardous Waste Management System: Identification and Listing of Hazardous Waste; Amendment to Hazardous Waste Code F019

Checklist Title:	F019 Exemption for Wastewater Treatment Sludges from Auto Manufacturing Zinc Phosphating Processes

Reference:	73 FR 31756-31769
Promulgation Date:	June 4, 2008
Effective Date:	June 4, 2008
Cluster:	RCRA Cluster XVIII
Provision Type:	Non-HSWA
Linkage:	72
Optional:			Yes

Summary:  Today’s rule amends the F019 listing to exempt the wastewater treatment sludge generated from zinc phosphating processes used in automobile assembly, provided the wastes are not placed outside on the land prior to shipment to a landfill for disposal and the waste is disposed in a landfill unit subject to certain liner requirements.  Wastes that meet these conditions will be exempted from the listing from their point of generation, and will not be subject to any RCRA Subtitle C management requirements for generation, storage, transport, treatment, or disposal.  Generators will be required to maintain records on site to show that the waste meets to conditions of the listing.  
  
State Authorization:  This rule is placed in RCRA Cluster XVIII.  The State modification deadline is July 1, 2009 (or July 1, 2010 if a State statutory change is necessary).   

This rule is promulgated pursuant to non-HSWA authority.  The changes in this rule are considered less stringent than the current federal requirements.  Therefore, states will not be required to adopt and seek authorization for these changes.  EPA believes this rule has considerable merit and the Agency strongly encourages states to amend their programs and become federally authorized to implement these rules.  Removing regulatory controls under RCRA will facilitate the use of aluminum in motor vehicles.  The Agency believes that the incorporation of aluminum will be advantageous to the environment since lighter-weight vehicles are capable of achieving increased fuel economy and associated decreased exhaust air emissions.  

Attorney General (AG) Certification Guidance:  Specific AG certification of statutory authority may not be required for this checklist as long as the AG has previously demonstrated authority for identification and listing of hazardous waste.

Program Description (PD) Guidance:  A State seeking authorization for this checklist should determine whether the revisions impact the program described in the Program Description. 

Incorporation by Reference Guidance:  There is no special guidance for states that incorporate by reference.