RCRA REVISION CHECKLIST 124

Land Disposal Restrictions for Ignitable and Corrosive Characteristic Wastes
Whose Treatment Standards Were Vacated
58 FR 29860-29887
May 24, 1993
(RCRA Cluster III, HSWA provisions)

Note:  This Revision Checklist amends the treatment standards under the land disposal restrictions program for certain wastes displaying the characteristics of ignitability (EPA Hazard Code D001) and corrosivity (EPA Hazard Code D002).  The treatment standards for these wastes were vacated by the September 25, 1992, decision of the U.S. Court of Appeals [Chemical Waste Management vs. EPA, 976 F.2d 2 (D.C. Cir. 1992)].  Without this replacement of these standards, land disposal of these wastes would be prohibited.

	FEDERAL REQUIREMENTS	FEDERAL RCRA CITATION	ANALOGOUS STATE CITATION	STATE ANALOG IS:				
				EQUIV-ALENT	LESS
STRIN-
GENT	MORE STRIN-GENT	BROADER IN SCOPE	
	PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES							
	SUBPART A - GENERAL							
	PURPOSE, SCOPE AND APPLICABILITY							
	change "." to ","; add phrase regarding compliance with 264.17(b) if owner or operator is diluting hazardous ignitable wastes or corrosive wastes to remove the characteristic before land disposal	264.1(g)(6)						

	PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES							
	SUBPART A - GENERAL							
	PURPOSE, SCOPE AND APPLICABILITY							
	change "." to ","; add phrase regarding compliance with 265.17(b) if owner or operator is diluting hazardous ignitable wastes or corrosive wastes to remove characteristic before land disposal	265.1(c)(10)						
	PART 268 - LAND DISPOSAL RESTRICTIONS							
	SUBPART A - GENERAL							
	PURPOSE, SCOPE AND APPLICABILITY							
	add new paragraph; de minimis losses to wastewater treatment systems of commercial chemical product or chemical intermediates that are ignitable or corrosive, and that contain underlying hazardous constituents as defined in 268.2, are not considered to be prohibited wastes; de minimis defined	268.1(e)(4)						
	add new paragraph; land disposal prohibitions do not apply to laboratory wastes displaying the characteristic of ignitability or corrosivity that are commingled with other plant wastewaters under designated circumstances: such wastes at facilities whose ultimate discharge is subject to regulation under the CWA, provided the annualized flow of laboratory wastewater into facility's headwork does not exceed 1%, or provided that the laboratory wastes' combined annualized average concentration does not exceed one part per million in the facility's headwork	268.1(e)(5)						
	DEFINITIONS APPLICABLE IN THIS PART							
	add new paragraph; definition of "underlying hazardous constituent"	268.2(i)						

	WASTE ANALYSIS AND RECORDKEEPING							
	in two places, delete "of this part," after "268.32"; add "of this chapter" after "appendix II" and after "subpart C"; add sentence at end regarding what the generator must do if he determines that his waste displays characteristic of ignitability or corrosivity and is prohibited under 268.37	268.7(a)						
	change "F039 and" to "F039,"; after "3004(d)" add ", and for underlying hazardous constituents (as defined in § 268.2 of this part), in D001 and D002 wastes if those wastes are prohibited under §268.37 of this part"	268.7(a)(1)(ii)						
	change "F039 and" to "F039,"; after "3004(d)" add ", and for underlying hazardous constituents (as defined in § 268.2 of this part), in D001 and D002 wastes if those wastes are prohibited under §268.37 of this part"	268.7(b)(4)(ii)						
	SPECIAL RULES REGARDING WASTES THAT EXHIBIT A CHARACTERISTIC							
	add new sentence at end; if generator determines that his waste displays characteristic of ignitability (and is not in the High TOC Ignitable Liquid Subcategory or is not treated by INCIN, FSUBS or RORGS of § 268.42, Table 1) or corrosivity and is prohibited under 268.37, generator must determine what underlying hazardous characteristics are reasonably expected to be present in the waste	268.9(a)						

	SUBPART C - PROHIBITIONS ON LAND DISPOSAL							
	WASTE SPECIFIC PROHIBITIONS--IGNITABLE AND CORROSIVE CHARACTERISTIC WASTES WHOSE TREATMENT STANDARDS WERE VACATED							
	effective August 9, 1993, wastes specified in 261.21 as D001 (and not in the High TOC Ignitable Liquids subcategory) and in 261.22 as D002 that are managed in systems other than those whose discharge is regulated under the CWA or that inject in Class I deep wells regulated under the SDWA or are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal; CWA-equivalent treatment defined	268.37(a)						
	effective February 10, 1994, wastes specified in 261.21 as D001 (and not in the High TOC Ignitable Liquids subcategory) and in 261.22 as D002 that are managed in systems defined in 40 CFR 144.6(e) and 146.6(e) as Class V injection wells that do not engage in CWA-equivalent treatment before injection are prohibited from land disposal	268.37(b)						
	SUBPART D - TREATMENT STANDARDS							
	 APPLICABILITY OF TREATMENT STANDARDS							
	add commas before and after "or hazardous debris for which a treatment technology is specified under § 268.45";
add sentence at end--for waste displaying characteristic of ignitability and reactivity that are diluted to meet deactivation treatment standard in 268.42(a) Tables 1 & 2, the treater must comply with precautionary measures specified in 264.17(b) and 265.17(b)	268.40(b)						
	TREATMENT STANDARDS EXPRESSED AS CONCENTRATIONS IN WASTE EXTRACT							
	revise Table CCWE entry for F039; add "(and D001 and D002 wastes prohibited under § 268.37)" after "F039" in first column; in third column, add "Table 2 in 268.42, and" before "Table CCW"	268.41(a), Table CCWE						
	TREATMENT STANDARDS EXPRESSED AS SPECIFIED TECHNOLOGIES							
	Revise Table 2 as shown at 58 FR 29886	268.42(a), Table 2						
	TREATMENT STANDARDS EXPRESSED AS WASTE CONCENTRATIONS							
	revise Table CCW entry for F039; add "(and D001 and D002 wastes prohibited under § 268.37)" after "F039" in first column; in third column, add "Table 2 in 268.42, and" before "Table CCWE"	268.43(a), Table CCW						
	PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:  THE HAZARDOUS WASTE PERMIT PROGRAM							
	SUBPART D - CHANGES TO PERMIT							
	PERMIT MODIFICATION AT THE REQUEST OF THE PERMITTEE							
	remove second item designated as B(1)(b); redesignate item B(1)(c) as B(1)(d); add new B(1)(c) as shown at 58 FR 29887	270.42 Appendix I