RCRA REVISION CHECKLIST 167 C
			
Land Disposal Restrictions Phase IV –  Corrections
63 FR 28556-28753
May 26, 1998
as amended at 63 FR 31266, June 8, 1998
(RCRA Cluster VIII, HSWA provisions)

Note:  On August 10, 1998 (63 FR 42580), a rule was promulgated to clarify the correct adoption sequence of the May 4, 1998 rule (63 FR 24596, CL 165), the May 26, 1998 rule (63 FR 28556, CL 167), and the June 29, 1998 (63 FR 35147) technical amendment to the May 4, 1998 rule, as they relate to the organobromine production waste entries at 40 CFR 268.40 and 268.48.  Subsequently, on April 9, 1999, the U.S. Court of Appeals vacated the listing of these organobromine production wastes and in turn, the May 4, 1998; June 29, 1998; and August 10, 1998 rules have been withdrawn.  If a State chooses to follow this vacatur, it should remove the vacated wastes in the tables at 40 CFR 268.40 and 268.48, as indicated in footnotes 3 and 4.  If the vacatur is not followed by a State, then the vacated wastes should remain as shown in the May 26, 1998 rule in tables 40 CFR 268.40 and 268.48.

	FEDERAL REQUIREMENTS	FEDERAL RCRA CITATION	ANALOGOUS STATE CITATION	STATE ANALOG IS:				
				EQUIV-ALENT	LESS
STRIN-
GENT	MORE STRIN-GENT	BROADER IN SCOPE	
	PART 268 - LAND DISPOSAL RESTRICTIONS							
	SUBPART A - GENERAL							
	TREATMENT SURFACE IMPOUNDMENT EXEMPTION							
	replace colon after “at least annually” with a semicolon; delete second sentence beginning with “However, residues which are”	268.4(a)(2)(ii)						
	insert period after “for subsequent management” and delete remainder of sentence	268.4(a)(2)(iii)						

	TESTING, TRACKING, AND RECORDKEEPING REQUIREMENTS FOR GENERATORS, TREATERS, AND DISPOSAL FACILITIES							
†’,1	for entry 1, insert “Numbers” after “Waste”, replace “Manifest numbers” with “Manifest Number of first shipment”; for entry 3, replace parenthetical phrase with “in characteristic wastes” and delete “U” under 268.7(a)(3) column	268.7(a)(4)/table						
†’	replace “restricted” with “prohibited”; after first occurrence of  “or solid waste or” replace “exempt” with “is exempted”; delete comma after first occurrence of “Subtitle C regulation” and after “261.4(a)(2)”; insert “that” after “261.4(a)(2) or”; insert “, or are managed in an underground injection well regulated by the SDWA” after “CWA-equivalent,”; replace “stating” with “describing”; insert “on-site” after “facility’s”; change “file” to “files”	268.7(a)(7)						
†’,	for entry 1, insert “Numbers” after “Waste”, replace “Manifest numbers” with “Manifest Number of first shipment” remove “U” from §268.7(b) column; for entry 2, replace parenthetical phrase with “in characteristic wastes”	268.7(b)(3)(ii)/Table						
†’	add new paragraph; for characteristic wastes subject to 268.40 that are reasonably expected to contain 268.2(i) hazardous constituents which are treated on-site and then sent off-site, the certification must state; certification statement	268.7(b)(4)(iv)						
†’	add new paragraph; for characteristic wastes containing underlying hazardous constituents as defined in 268.2(i) that are treated on-site to hazardous constituent levels in 268.48, the certification must state; certification statement	268.7(b)(4)(v)						
†’	replace “treatment or storage” with “treatment, storage, or disposal”; insert comma after second occurrence of “storage” 	268.7(b)(5)						
†’,2	replace both references to “(b)(4)” with “(b)(3)”; replace reference to “(b)(5)” with “(b)(4)”	268.7(b)(6)						

	SUBPART D - TREATMENT STANDARDS							
	APPLICABILITY OF TREATMENT STANDARDS							
3	replace “(D001–D003, and D012–D043)” with “(D001–D043)”; insert “and are not managed in a wastewater treatment system...injection well,” after “Hazardous Wastes,”; replace “‘Table UTS,’” with “Table Universal Treatment Standards,”	268.40(e)						
,4	replace existing table with the table found at 63 FR 28643-28738 (May 26, 1998)	268.40/table “Treatment Standards for Hazardous Wastes”						
	TREATMENT STANDARDS EXPRESSED AS SPECIFIED TECHNOLOGIES							
	remove “paragraphs (a)(1) and (a)(2) of this section and in”; replace “in paragraphs (a)(1) and (a)(2) and Table 1 of this section” with “in the table entitled “Technology... Standards” in this section”	268.42(a)						
5	remove	268.42(a)(1) – (a)(3)						
	TREATMENT STANDARDS FOR HAZARDOUS DEBRIS							
	replace reference to “261.3(e)(2)” with “261.3(f)(2)”	268.45(a) intro						
	insert “treatment” after “meet the”; replace “under §268.43” with “in ‘Treatment Standards for Hazardous Wastes’ at §268.40”	268.45(d)(3)						
	replace “technology-based standards for ... under §268.42” with “technology specified in the treatment standard for D001: Ignitable Liquids”	268.45(d)(4)						
	UNIVERSAL TREATMENT STANDARDS							
,6	replace existing table with the table found at 63 FR 28739-28750 (May 26, 1998)	268.48(a)/table UTS						
	APPENDIX VII TO PART 268							
	remove entries for waste code F033; revise second entry for F032, second entry for F034, first entry for K088, entries for D003–D011; add two entries for F035	Appendix VII, Table 1						
	revise entry number 9 and add entries 12 and 13	Appendix VII, Table 2						
	APPENDIX VIII TO PART 268							
	revise title; add in alphanumeric order the entry for “NA”	Appendix VIII						

†i	These changes are conditionally optional.  If the State has adopted the optional revisions to the recordkeeping and paperwork requirements in Revision Checklist 157, then the State is required to adopt the changes to 268.7 in this checklist with the exception of adding the entries for contaminated soils in the Tables at 268.7(a)(4) and 268.7(b)(3)(iii).