RCRA REVISION CHECKLIST 137
Universal Treatment Standards and Treatment Standards for Organic
Toxicity Characteristic Wastes and Newly Listed Wastes
59 FR 47982-48110
September 19, 1994
as amended at 60 FR 242-302, January 3, 1995
(RCRA Cluster V, HSWA/non-HSWA provisions)

	FEDERAL REQUIREMENTS	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 C - RULEMAKING PETITIONS							
†	VARIANCES FROM CLASSIFICATION AS A SOLID WASTE							
	change "Regional Administrator" to "Administrator"	260.30 intro						
	remove "primary" from production process	260.30(b)						
†	STANDARDS AND CRITERIA FOR VARIANCES FROM CLASSIFICATION AS A SOLID WASTE							
	change both occurrences of "Regional Administrator" to "Administrator"; remove "standards and" from the last sentence	260.31(a)						
	change "Regional Administrator" to "Administrator"	260.31(b)						
†	VARIANCE TO BE CLASSIFIED AS A BOILER							
	change "Regional Administrator" to "Administrator"	260.32 intro						
†	PROCEDURES FOR VARIANCES FROM CLASSIFICATION AS A SOLID WASTE OR TO BE CLASSIFIED AS A BOILER							
	change "Regional Administrator" to "Administrator"	260.33 intro						
	change "Regional Administrator" to "Administrator"; replace "in the region where the recycler is located" with "for the variance"; remove "of this part" after "260.32"	260.33(a)						
	change the three occurrences of "Regional Administrator" to "Administrator"; remove ", and this decision may not be appealed to the Administrator"	260.33(b)						
	PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE							
	SUBPART A - GENERAL							
	DEFINITION OF SOLID WASTE							
†	insert "or land disposed" after "first being reclaimed"; replace the phrase "raw material feedstock, and the process must use raw materials as principal feedstocks": with "feedstock materials"; add a sentence prohibiting the placement on the land of materials that are returned to a secondary process	261.2(e)(1)(iii)						

	PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 
TREATMENT, STORAGE, AND DISPOSAL FACILITIES							
	SUBPART A - GENERAL							
	PURPOSE, SCOPE AND APPLICABILITY							
	replace "268.42, Table 2, of this chapter," with "268.40 of this chapter, Table Treatment Standards for Hazardous Wastes"; replace "corrosive (D002)" with "reactive (D003)"; remove "of this part" after "§264.17(b)"	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							
	 replace "268.42, Table 2, of this chapter," with "268.40 of this chapter, Table Treatment Standards for Hazardous Wastes"; replace "corrosive (D002)" with "reactive (D003)"; remove "in order" before "to remove"	265.1(c)(10)						

	PART 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS
WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES							
	SUBPART C - RECYCLABLE MATERIALS USED IN A MANNER CONSTITUTING DISPOSAL							
	STANDARDS APPLICABLE TO USERS OF MATERIALS THAT ARE USED IN A MANNER THAT CONSTITUTES DISPOSAL							
	replace "Subparts A through N of parts 264 and 265 and Parts 270 and 124" with "subparts A through N of parts 264 and 265 and parts 268, 270 and 124"	266.23(a)						
	SUBPART H - HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES							
	APPLICABILITY							
	insert "or mercury recovery furnace," after the first "recovery furnace"	266.100(c)(1)						
	insert "or mercury" after "nickel-chromium"; insert "(c)(3)" at the end of paragraph	266.100(c)(3)						
	replace "and XII" with ", XII, and XIII"	266.100(c)(3)(i)						
	insert "of this part" after "appendix XI"; insert "of this part" after "appendix XII"; after "nickel or chromium" insert "a waste listed in appendix XIII of this part must contain recoverable levels of mercury and contain less than 500 ppm of 40 CFR part 261, appendix VIII organic constituents,"	266.100(c)(3)(i)(A)						
	replace "or XII" with "XII, or XIII"	266.100(c)(3)(ii)						
	APPENDIX XIII TO PART 266							
	MERCURY BEARING WASTES THAT MAY BE PROCESSED IN EXEMPT MERCURY RECOVERY UNITS							
	add a new appendix addressing certain mercury-bearing wastes	266/Appendix XIII						
	PART 268 - LAND DISPOSAL RESTRICTIONS							
	SUBPART A - GENERAL							
	PURPOSE, SCOPE AND APPLICABILITY							
	replace the ending period with "; and"	268.1(c)(3)(ii)						
	add a new paragraph addressing D001 High TOC subcategory wastes or D012-D017 pesticide wastes	268.1(c)(3)(iii)						
	after "corrosive (D002)," add "or are organic constituents that exhibit the characteristic of toxicity (D012-D043),"; replace "268.2 of this part" with "268.2(i)"; replace the ending period with a semicolon and add the phrase "discharges from safety showers and rinsing and cleaning of personal safety equipment; and rinsate from empty containers or from containers that are rendered empty by that rinsing; or" 	268.1(e)(4)						
	insert "for hazardous characteristic wastes" after "prohibitions";  replace "or corrosivity (D002)" with ", corrosivity (D002), or organic toxicity (D012-D043)"; remove "that are commingled with ...laboratory operations,"; change the two occurrences of "headwork" to "headworks"	268.1(e)(5)						
	DEFINITIONS APPLICABLE TO THIS PART							
	insert ", namely lead acid batteries, cadmium batteries, and radioactive lead solids" after "Part 268"	268.2(g)						
	rewrite definition to refer to the constituents listed in 268.48 Table UTS--Universal Treatment Standards which can reasonably be expected to be present at point of generation, excluding zinc and vanadium	268.2(i)						

	WASTE ANALYSIS AND RECORDKEEPING							
	replace existing paragraph; generator determines whether listed waste is a restricted waste; 268.32 exception; if characteristic is exhibited, he must test the extract using method 1311 (TCLP) or use knowledge of waste to determine whether restricted from land disposal; what the generator must do if he determines that his waste exhibits characteristic of ignitability, or corrosivity and is prohibited under 268.37, and/or organic toxicity and is prohibited under 268.38	268.7(a)						
	insert "it" before "exceeds"; remove the end of the first sentence after "notify the treatment or storage facility in writing"	268.7(a)(1)						
	remains unchanged even though included in rule	268.7(a)(1)(i)						
	replace with subparagraph addressing waste constituents the treater will monitor, if monitoring will not include all regulated constituents for specified wastes; generator must indicate whether wastewater or nonwastewater	268.7(a)(1)(ii)						
	remains unchanged even though included in rule	268.7(a)(1)(iii)						
	replace "40 CFR 268.45; and" with "40 CFR 268.45;"	268.7(a)(1)(iv)						
	replace "Waste" with "The waste"; replace ending period with "; and,"	268.7(a)(1)(v)						
	add new subparagraph: "The date the waste is subject to the prohibitions."	268.7(a)(1)(vi)						
	remains unchanged even though included in this rule	268.7(a)(2)						
	remains unchanged even though included in this rule	268.7(a)(2)(i)						
	remains unchanged even though included in this rule	268.7(a)(2)(i)
(A)						
	replace subparagraph; waste constituents the treater will monitor, if monitoring will not include all regulated constituents for specified wastes; indicate whether wastewater or nonwastewater	268.7(a)(2)(i)(B)						
	remains unchanged even though included in this rule	268.7(a)(2)(i)(C)						
	remains unchanged even though included in this rule	268.7(a)(2)(i)(D)						
	remains unchanged even though included in this rule	268.7(a)(2)(ii)						
	remains unchanged even though included in this rule	268.7(a)(3)						
	remains unchanged even though included in this rule	268.7(a)(3)(i)						
	replace subparagraph; waste constituents the treater will monitor, if monitoring will not include all regulated constituents for specified wastes; generator must indicate whether wastewater or nonwastewater	268.7(a)(3)(ii)						
	remains unchanged even though included in this rule	268.7(a)(3)(iii)						
	remains unchanged even though included in this rule	268.7(a)(3)(iv)						
	completely revise and reorganize, adding new subparagraphs (A) and (B); for hazardous debris when using alternative treatment technologies provided by 268.45	268.7(a)(3)(v)						
	add new subparagraph; contaminants subject to treatment as described in 268.45(b)	268.7(a)(3)(v)(A)						
	add new subparagraph; indicate that these contaminants are treated to comply with 268.45	268.7(a)(3)(v)(B)						
	redesignate old 268.7(a)(3)(vi) as (a)(3)(vii); add new paragraph addressing the requirements for hazardous debris when using the treatment standards for the contaminating waste(s) in 268.40	268.7(a)(3)(vi)						
	former 268.7(a)(3)(vi) becomes (a)(3)(vii)	268.7(a)(3)(vii)						
	remains unchanged even though included in this rule	268.7(a)(4)						
	remains unchanged even though included in this rule	268.7(a)(4)(i)						
	remains unchanged even though included in this rule	268.7(a)(4)(ii)						
	remains unchanged even though included in this rule	268.7(a)(4)(iii)						
	remains unchanged even though included in this rule	268.7(a)(5)						
	delete a comma between "RCRA" and "Subtitle C"	268.7(a)(6)						
	change "261.2-261.6" to "261.2 through 261.6"; insert "RCRA" before "Subtitle C"	268.7(a)(7)						
	replace "that contains wastes identified in Appendix IV of this part" with "that contains none of the wastes specified in appendix IV of part 268"; replace "268.42" with "268.42(c)"; after "paragraph (a)(1) of this section" add ", except that underlying hazardous constituents need not be determined"; in the certification, replace "contains only the wastes specified in appendix IV" with "does not contain any wastes identified at Appendix IV"; remove the phrase "or solid wastes not subject to regulation under 40 CFR part 261"; remove the comma after "certification"	268.7(a)(8)						
	remove and reserve	268.7(a)(9)						
	remains unchanged even though included in rule	268.7(a)(10)						
	replace subparagraph; waste constituents to be monitored if monitoring will not include all regulated constituents; include whether nonwastewater or wastewater; indicate subcategory	268.7(b)(4)(ii)						
	add new subparagraph addressing characteristic wastes D001, D002, and D012-D043 meeting specified requirements; certification	268.7(b)(5)(iv)						
	replace "Director" with "EPA Regional Administrator (or his designated representative) or State authorized to implement part 268 requirements"	268.7(d)						
,	insert ", including the following information," after "notification"; replace "Director or authorized State including the following information" with "EPA Regional hazardous waste management division director (or his designated representative) or State authorized to implement part 268 requirements"	268.7(d)(1)						

	SPECIAL RULES REGARDING WASTES THAT EXHIBIT A CHARACTERISTIC							
	change "40 CFR part 261" to "40 CFR 261" in the first two occurrences; in the third sentence replace "treatment standard for the waste code listed in 40 CFR Part 261, Subpart D operates in lieu of the standard for the waste code under 40 CFR part 261, subpart C" with "treatment standard for the waste listed in part 261, subpart D operates in lieu of the treatment standard for the waste under part 261, subpart C"; replace "INCIN, FSUBS, or RORGS of § 268.42, Table 1" with "CMBST, or RORGS"; after "§ 268.37" replace "of the Part" with "; or that his waste displays the characteristic of toxicity (D012-D043), and is prohibited under § 268.38,"; replace "determine what" with "determine the"; remove "of this Part" after "§ 268.2"; replace "are reasonably expected to be present
in the D001 or D002	268.9(a)						
	waste" with "in the D001, D002, or D012-D043 wastes"	268.9(a) (continued)						
	insert "RCRA" before "Subtitle D facility"; add "and" at the end of the subparagraph	268.9(d)(1)(i)						
	remove "and" before "treatability group(s)"; after "treatability group(s)" add ", and         underlying hazardous constituents (as defined in §268.2(i) in D001 and D002 wastes prohibited under §268.37, or D012-D043 wastes under §268.38"	268.9(d)(1)(ii)						
	add new subparagraph; if treatment removes the characteristic but does not treat underlying hazardous constituents, then the certification found in §268.7(b)(5)(iv) applies	268.9(d)(2)(i)						
	reserved	268.9(d)(2)(ii)						

	SUBPART C - PROHIBITIONS ON LAND DISPOSAL							
	WASTE SPECIFIC PROHIBITIONS - NEWLY IDENTIFIED ORGANIC TOXICITY CHARACTERISTIC WASTES AND NEWLY LISTED COKE BY-PRODUCT AND CHLOROTOLUENE PRODUCTION WASTES							
	land disposal prohibitions for specified wastes as of December 19, 1994; definition of CWA-equivalent treatment	268.38(a)						
	September 19, 1996 land disposal prohibition of radioactive wastes mixed with D018-D043 meeting certain criteria; definition of CWA-equivalent treatment; similar prohibition for radioactive wastes mixed with K141-K145 and K147-K151 and for soil and debris contaminated with these radioactive mixed wastes	268.38(b)						
	where 268.38(b) wastes may be disposed of between December 19, 1994 and September 19, 1996	268.38(c)						
	when the requirements of 268.38(a), (b), and (c) do not apply:	268.38(d)						
	wastes meet applicable Part 268, Subpart D treatment standards	268.38(d)(1)						
	exemption pursuant to a 268.6 petition 	268.38(d)(2)						
	wastes meet alternate treatment standards pursuant to 268.44	268.38(d)(3)						
	granted an extension to the effective date of a prohibition pursuant to 268.5	268.38(d)(4)						
	how to determine and who determines whether a hazardous waste identified in 268.38 exceeds applicable treatment standards specified in 268.40	268.38(e)						
	SUBPART D - TREATMENT STANDARDS							
	APPLICABILITY OF TREATMENT STANDARDS							
	replace paragraph; when a waste identified in "Treatment Standards for Hazardous Wastes" may be land disposed	268.40(a)						
	all hazardous constituents in the waste or in the treatment residue must be at or below the values found in the table for that waste ("total waste standards")	268.40(a)(1)						
	hazardous constituents in the extract of the waste or in the extract of the treatment residue must be at or below the values found in the table ("waste extract standards")	268.40(a)(2)						
	waste must be treated using the technology specified in the table ("technology standard"), which are described in detail in 268.42, Table 1 - Technology Codes and Description of Technology-Based Standards	268.40(a)(3)						
	replace paragraph; how to comply for wastewaters; how to comply for nonwastewaters; compliance for wastes covered by the waste exhaust standards; compliance for wastes covered by a technology standard	268.40(b)						
	replace paragraph; treatment standards when wastes with differing treatment standards are combined	268.40(c)						
	replace paragraph; how treatment and disposal facilities demonstrate (and certify pursuant to 40 CFR 268.7(b)(5)) compliance with the treatment standards for organic constituents	268.40(d)						
	treatment standards were established based on incineration in units operated in accordance with Part 264, Subpart O or on combustion in fuel substitution units operating in accordance with applicable technical requirements	268.40(d)(1)						
	use of methods  referenced in 268.40(d)(1) to treat organic constituents	268.40(d)(2)						
	demonstrate that good-faith analytical efforts achieve detection limits for the regulated organic constituents that do not exceed the treatment standards specified in 268.40 by an order of magnitude	268.40(d)(3)						
	new paragraph; for characteristic wastes with treatment standards in the "Treatment Standards for Hazardous Wastes" Table, all underlying hazardous constituents must meed Universal Treatment Standards	268.40(e)						
	new paragraph; other wastes to which the treatment standards for F001-F005 nonwastewater constituents carbon disulfide, cyclohexanone, and/or  methanol apply; how compliance is measured	268.40(f)						
	insert new table "Treatment Standards for Hazardous Waste" at 60 FR 246 (January 3, 1995)	268.40/Table						
	TREATMENT STANDARDS EXPRESSED AS CONCENTRATIONS IN WASTE EXTRACT							
	replace entire section and Table CCWE with paragraph referring to 268.40	268.41 and Table CCWE						
	TREATMENT STANDARDS EXPRESSED AS SPECIFIED TECHNOLOGIES							
	add note referring to 268.40 for the requirements previously found in 268.42, Tables 2 and 3	268.42 note						
	replace "Table 2 and Table 3 of this section" with "the table in § 268.40 "Treatment Standards for Hazardous Wastes", for which standards are expressed as a treatment method rather than a concentration level,"	268.42(a)						
	insert entry for "CMBST", in alphabetical order, as shown at 60 FR 302 (January 3, 1995)	268.42(a)/Table 1						
	remove	268.42(a)/Table 2						
	remove	268.42(a)/Table 3						
	replace subparagraph; lab pack does not contain any Part 268, Appendix IV wastes	268.42(c)(2)						
	replace paragraph; radioactive mixed wastes are subject to the treatment standards in 268.40; when standards are specified in Table of Treatment Standards, then those govern; where there is no specific standard for radioactive mixed waste, then the treatment standard for the hazardous waste applies; hazardous debris containing radioactive waste is subject to the 268.45 treatment standards	268.42(d)						
	TREATMENT STANDARDS EXPRESSED AS WASTE CONCENTRATIONS							
	replace section with a paragraph referring to 268.40	268.43						
	remove	268.43/Table CCW						

	TREATMENT STANDARDS FOR HAZARDOUS DEBRIS							
	replace text starting with "for which BDAT..." with " or wastes for which treatment standards are established for the waste under §268.40"	268.45(b)(2)						
	ALTERNATIVE TREATMENT STANDARDS BASED ON HTMR							
	replace section including Table 1 with paragraph referring to 268.40	268.46						
	UNIVERSAL TREATMENT STANDARDS							
	Table UTS identifies the hazardous constituents along with the nonwastewater and wastewater treatment standard levels used to regulate most prohibited hazardous wastes with numerical limits; standards cannot be exceeded for determining compliance with treatment standards for underlying hazardous constituents as defined in 268.2(i); compliance measured by analysis of grab samples unless noted in table	268.48(a)						
	add table titled "Table UTS - Universal Treatment Standards" including change made to the footnotes by 60 FR 242 (January 3, 1995)	268.48/Table UTS						
	APPENDIX IV TO PART 268							
	revise appendix, replacing the old list of hazardous waste codes with a paragraph containing a list of the EPA hazardous waste codes for hazardous wastes that may not be placed in lab packs under the alternative lab pack treatment standards at 268.42(c)	268/Appendix IV						
	APPENDIX V TO PART 268							
	remove and reserve	268/Appendix V						
	APPENDIX X TO PART 268							
,	add new appendix containing 1) a table addressing recordkeeping, notification, and/or certification requirements and 2) certification statements A-G; include amendment to Certification Statement B made by 60 FR 242, (January 3, 1995)	268/Appendix X