RCRA REVISION CHECKLIST 78

Land Disposal Restrictions for
Third Third Scheduled Wastes
55 FR 22520-22720
June 1, 1990
(HSWA Cluster II and Non-HSWA Cluster VI)

Notes:  1)  The Federal Register addressed by this checklist is the last of five Congressionally mandated prohibitions on land disposal of hazardous wastes.  Previous checklists based on the Congressional mandate include Revision Checklists 34, 39, 50 and 63.  Revision Checklists 62 and 66 correct the First Thirds Rule addressed by Revision Checklist 50.  Revision Checklist 83 (56 FR 3864) addresses changes to the Third Thirds Rule.  Because of the changes made to the tables and appendices by this correction notice, States are strongly encouraged to adopt them at the same time as the provisions addressed by Revision Checklist 78.

2)  This checklist may be subject to change in the future.  EPA's State Programs Branch is currently discussing the relationship of hazardous waste injection issues to the State authorization program.  In question are the changes made to 40 CFR Part 148 by the final rule addressed by this checklist and whether they should be included in the checklist.  This present checklist does not include these changes.

3)  The checklist is in HSWA Cluster II, with the exception of the clarifying amendment to §261.33(c) which is in non-HSWA Cluster VI.  This clarification is not immediately effective in authorized States since the requirements are not imposed pursuant to HSWA.  Thus, these requirements are applicable only in those States that do not have interim or final authorization.  In authorized States, the requirements will not be applicable until the State revises its program to adopt equivalent requirements under State law.

4)  The following Part 268 sections are not delegable to States because of the national concerns which must be examined when decisions are made relative to them: 268.5 (case-by-case effective date extensions); 268.42(b) (application for alternate treatment method); and 268.44 (variance from a treatment standard).  "No migration" petitions under 268.6 will be handled by EPA, even though States may be authorized to grant such petitions in the future.  States have the authority to grant such petitions under RCRA Section 3006 because such decisions do not require a national perspective, as is the case for decisions under 268.5, 268.42(b) or 268.44.  However, EPA has had few opportunities to implement the land disposal restrictions and expects to gain valuable experience and information from reviewing "no-migration" petitions.

5)  In the past, the nondelegable sections/paragraphs of the LDR regulations have been omitted from the LDR checklists because States could not assume the authority for them.  However, this procedure has led to confusion among the States on how to handle the sections/paragraphs in their code.  For this reason, the Agency has decided to include these nondelegable sections on the LDR checklists.  To differentiate these sections from the delegable portions of the LDR restrictions, asterisks precede (a single row) and follow (a double row) each non-delegable section.  If States have already filled out a version of Revision Checklist 78 which does not include the nondelegable sections, they need not fill out a revised version containing these sections.  This change in format was made only to improve clarity.

The Agency suggests that States incorporate the nondelegable portions of the LDR regulation into their regulations.  It is essential, however, that States leave the terms "Administrator", "Federal Register" and "Agency" unchanged, i.e., States may not substitute analogous State terms for these Federal terms.  Similarly, States incorporating by reference must be careful to exclude these sections from blanket substitutions of State terms for Federal terms.  For a more complete discussion of issues surrounding nondelegable sections, see Appendix J of the State Authorization Manual (SAM).
6)  Note that while 268.40 is delegable to States, "Administrator" in the following phrase "Approved by the Administrator under the procedures set for this in 268.42(b)" should not be replaced with an analogous State term because it is referring to decisions under 268.42(b).  Such decisions will be made by the EPA Administrator.

7)  States which have not submitted any land disposal restrictions are strongly encouraged to use the Consolidated Land Disposal Restriction Checklist rather than the seven individual revision checklists.

8)  Note that the Toxicity Characteristic Leaching Procedure (TCLP) referred to by the Third Third Scheduled Waste Rule is the TCLP entered into the Federal code at 40 CFR 261 Appendix II by the Toxicity Characteristic Rule (55 FR 11798, March 29, 1990) and amended at 55 FR 26986 (June 29, 1990).  (Both the Toxicity Characteristic Rule and the June amendment are addressed by Revision Checklist 74.)  The TCLP procedure previously located at 40 CFR Part 268, Appendix I and introduced by the Solvents and Dioxins Land Disposal Restrictions Rule (51 FR 40572; November 7, 1986; Revision Checklist 34) is the outdated version of the TCLP.  Thus, States adopting the Third Third Scheduled Waste Rule must also adopt the new version of the TCLP.  The Revision Checklist 34 version of the TCLP should be removed from their code as well.

9)  Guidance regarding the use of the new TCLP versus the EP Toxicity Test may be found at 55 FR 22660 (June 1, 1990).  The code (40 CFR 268.40(a) and 268.41(a)) addressing this issue contains a serious technical error which is discussed in Footnote 11 found at the end of this checklist.

10)  Adopting the alternate treatment standards for lab packs is optional.  However, if a State chooses to adopt these alternate standards, all of the requirements related to these standards must be adopted, including all of the provisions added by the Third Third Scheduled Waste Rule (i.e., Revision Checklist 78) at 264.316(f), 265.316(f), 268.7(a)(7), 268.7(a)(8), 268.42(c), 268.42(c)(1)-(4), and Appendices IV and V to Part 268.

	
				STATE ANALOG IS:	
		     ANALOGOUS	  EQUIV-	   MORE	BROADER
   FEDERAL REQUIREMENT     | 	FEDERAL RCRA CITATION    |	   STATE CITATION	| ALENT  |	STRINGENT |	IN SCOPE	

PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART C - CHARACTERISTICS OF HAZARDOUS WASTE

GENERAL	 
remove ", but is not 
listed as a hazardous 
waste in Subpart D";
change "the EPA" 
to "every EPA";
insert "that is 
applicable as"
before "set forth";
remove "in the
respective charac-
teristic" before "in
this Subpart"; before
"recordkeeping",
change "certain" to
"all applicable" 	261.20(b)	

CHARACTERISTIC OF IGNITABILITY	 
remove ", but is 
not listed as a
hazardous waste
in Subpart D,"	261.21(b)	

CHARACTERISTIC OF CORROSIVITY	 
remove ", but is 
not listed as a
hazardous waste
in Subpart D,"	261.22(b)	

CHARACTERISTIC OF REACTIVITY	 
remove ", but is 
not listed as a
hazardous waste
in Subpart D,"	261.23(b)	

CHARACTERISTIC OF EP TOXICITY	 
remove ", but is 

not listed as a
hazardous waste
in Subpart D,"	261.24(b)	

SUBPART D - LISTS OF HAZARDOUS WASTES

HAZARDOUS WASTES FROM NON-SPECIFIC SOURCES	 
add the waste 
code "F039" to list 
in alphanumeric 
order to list as
specified below 	261.31	

Industry and EPA hazardous						Hazard
         waste No.			Hazardous waste			  code	  	 

       *              *            *             *            *            *            *            *

F039.............................................	Leachate resulting from the treatment, storage,	  (T)
		or disposal of wastes classified by more than
		one waste code under Subpart D, or from a mixture
		of wastes classified under Subparts C and D of
		this part.  (Leachate resulting from the manage-
		ment of one or more of the following EPA Hazardous
		Wastes and no other hazardous wastes retains its
		hazardous waste code(s):  F020, F021, F022,
		F023, F026, F027, and/or F028.).

       *              *            *             *            *            *            *            *

DISCARDED COMMERCIAL CHEMICAL PRODUCTS, OFF SPECIFICATION SPECIES, CONTAINER RESIDUES, AND SPILL RESIDUES THEREOF	 
1		insert "or (f)"
after "(e)";
change "261.7(b)(3)"
to "261.7(b)" 	261.33(c)	

APPENDIX VII TO PART 261

BASIS FOR LISTING HAZARDOUS WASTE	 
add "F039" to list
in alphanumeric order
as shown below: 	Appendix VII	

	EPA hazardous	Hazardous constituents for
	   waste No.	      which listed

	       *         *         *         *         *         *              

	F039.........................	All constituents for which treatment
		standards are specified for multi-source
		leachate (wastewaters and non-
		wastewaters) under 40 CFR 268.43(a),
		Table CCW.

	       *         *         *         *         *         *

PART 262 _ STANDARDS APPLICABLE TO GENERATORS OF
HAZARDOUS WASTE

SUBPART A _ GENERAL

HAZARDOUS WASTE DETERMINATION	 
in the first sentence,
replace "If" with
"For purposes
of compliance with
40 CFR Part 268, or 
if"; remove "as a
hazardous waste"
after "listed"; replace
"of 40 CFR Part 261"
with "of this part";
replace "he must 
determine" with 
"the generator must
then determine"	262.11(c)	

SUBPART C - PRE-TRANSPORT REQUIREMENTS

ACCUMULATION TIME	 
replace "and with
§265.16" with
", with §265.16,
and with 40 CFR 
268.7(a)(4)"	262.34(a)(4)	
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE AND DISPOSAL FACILITIES

SUBPART B - GENERAL FACILITY STANDARDS
	 
revise comment
following paragraph
(a)(2) as follows:
remove "or all" after
"supply part"; add ",
except as otherwise
specified in
in 40 CFR 268.7(b)
and (c)." to the
second sentence 	264.13(a)(2)	

SUBPART K - SURFACE IMPOUNDMENTS

SPECIAL REQUIREMENTS FOR IGNITABLE OF REACTIVE WASTE	 
insert "the waste 
and impoundment 
satisfy all applicable 
requirements of 
40 CFR Part 268 and"
after "unless"	264.229	

SUBPART L - WASTE PILES

SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE	 
insert "the waste and
waste pile satisfy all
applicable requirements
of 40 CFR Part 268,
and" after "unless"	264.256	
SUBPART M - LAND TREATMENT

SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTES	 
insert "the waste and 
the treatment zone 
meet all applicable 
requirements of
40 CFR Part 268, and"
after "unless"	264.281	

SUBPART N - LANDFILLS

SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTES	 
replace "in treated,
rendered, or mixed
before or immediately
after placement in a 
landfill so that:"  with 
"and landfill meet all 
applicable requirements 
of Part 268, and:"	264.312(a)	
begin the first
sentence with "Except
for prohibited wastes
which remain subject
to treatment standards
in Subpart D of 
Part 268," 	264.312(b)	

DISPOSAL OF SMALL CONTAINERS OF HAZARDOUS WASTE IN OVERPACKED
DRUMS (LAB PACKS)	 
	†,2	add new paragraph
regarding disposal in
compliance with Part
268; requirement for 
fiber drums to meet
DOT specifications
and 264.316(b)
requirements if
incinerate lab packs	264.316(f)	

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 "Part 268" with 
"40 CFR Part 268, and
the 40 CFR Part 268
standards are 
considered material 
conditions or
requirements of the 
Part 265 interim
status standards"	265.1(e)	

SUBPART B - GENERAL FACILITY STANDARDS

GENERAL WASTE ANALYSIS	 
revise comment 
following subparagraph
(a)(2) as follows:
remove "or all" after
"supply part"; add 
", except as otherwise 
specified in 40 CFR 
268.7(b) and (c)." 
to the second 
sentence	265.13(a)(2)	

SUBPART K - SURFACE IMPOUNDMENTS

SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE	 
insert "the waste 
and impoundment 
satisfy all applicable
requirements of 
40 CFR Part 
268, and"
after "unless"	265.229	
SUBPART L - WASTE PILES

SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE	 
insert "the waste and
pile satisfy all
applicable requirements
of 40 CFR Part 268,
and" after "unless"	265.256	

SUBPART M - LAND TREATMENT

SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTES	 
insert "the waste and
treatment zone meet
all applicable require-
ments of 40 CFR
Part 268, and" after
"unless"	265.281	

SUBPART N - LANDFILLS

SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTES	
replace "is treated,
rendered, or mixed 
before or immediately 
after placement in a 
landfill so that:" with 
"and landfill meet all 
applicable requirements
of 40 CFR 268, and:"	265.312(a)	
begin the first
sentence with "Except
for prohibited wastes 
which remain subject
to treatment standards
in Subpart D of 
Part 268,"	265.312(b)	

DISPOSAL OF SMALL CONTAINERS OF HAZARDOUS WASTE IN OVERPACKED
DRUMS (LAB PACKS)	 
	†,	add new paragraph
regarding disposal in
compliance with Part
268; requirement for 
fiber drums to meet
DOT specifications
and 265.316(b)
requirements if
incinerate lab packs	265.316(f)	

PART 268 - LAND DISPOSAL RESTRICTIONS

SUBPART A - GENERAL

PURPOSE, SCOPE AND APPLICABILITY	 
3		wastes that are
hazardous only 
because they exhibit 
a hazardous charac-
teristic, and which 
are otherwise 
prohibited from 
land disposal
if the wastes: 	268.1(c)(3)	
disposed into
a nonhazardous
or hazardous injection
well as defined in
40 CFR 144.6(a)	268.1(c)(3)(i)	
do not exhibit
any prohibited
characteristic of
hazardous waste at
the point of injection	268.1(c)(3)(ii)	
paragraph
removed	268.1(c)(5)	

DEFINITIONS APPLICABLE TO THIS PART	 
new introductory
paragraph for
definitions	268.2	
redesignate 
"halogenated organic 
compounds" or "HOCs"
as 268.2(a)	268.2(a)	
4		redesignate
"hazardous constituent
or constituents"
as 268.2(b)	268.2(b)	
5		redesignate "land
disposal" as 268.2(c)	268.2(c)	
6		add
"nonwastewaters"	268.2(d)	
7		redesignate
"polychlorinated
biphenyls" or "PCBs"
as 268.2(e)	268.2(e)	
add
"wastewaters" and
the following 
exceptions: 	268.2(f)	
"F001, F002, F003
F004, F005 solvent-
water mixtures"	268.2(f)(1)	
"K011, K013, K014
wastewaters"	268.2(f)(2)	
"K103 and K104
wastewaters"	268.2(f)(3)	
add "inorganic solid
debris"; specific
inorganic or metal 
materials:	268.2(g)	

metal slags	268.2(g)(1)	

glassified slag	268.2(g)(2)	

glass	268.2(g)(3)	

concrete	268.2(g)(4)	
masonry and
refractory
bricks	268.2(g)(5)	
metal cans, 
containers,
drums or tanks	268.2(g)(6)	
metal nuts, bolts, 
pipes, pumps, valves, 
appliances, or
industrial equipment	268.2(g)(7)	
scrap metal as 
defined in 
40 CFR 261.1(c)(6)	268.2(g)(8)	

DILUTION PROHIBITED AS A SUBSTITUTE FOR TREATMENT	 
8		begin sentence with
"Except as provided
in paragraph (b)
of this section," 	268.3(a)	
new paragraph;
permissible forms
of dilution related
to Sections 307 or
402 of the CWA 	268.3(b)	

WASTE ANALYSIS AND RECORDKEEPING	 
revise section to
include more guidance
on specifying treat-
ment standards	268.7(a)(1)(ii) 	
revise section to
include more 
guidance on 
specifying treatment
standards	268.7(a)(2)(i)(B) 	
9		revise section to
include more guidance
on specifying treat-
ment standards	268.7(a)(3)(ii)	 	
replace entire 
paragraph with new
requirements for 
the development of
a waste analysis 
plan and record-
keeping requirements
when treating in 
262.34 tanks/con-
tainers; other
requirements: 	268.7(a)(4)	
what the waste 
analysis plan must be
based on and contain	268.7(a)(4)(i)	
requirements for
filing of waste
analysis plan	268.7(a)(4)(ii)	
compliance with
268.7(a)(2)
notification
requirements for 
wastes shipped 
off-site	268.7(a)(4)(iii)	
remove
subparagraph	268.7(a)(4)(iv)	
	†,	notification for a 
generator managing
a lab pack that
contains wastes
identified in 
Appendix IV if use
alternate treatment
standards under
268.42;
268.7(a)(5)&(6)
compliance;
certification 	268.7(a)(7)	
	†,	notice for a
generator managing 
a lab pack that 
contains organic
wastes specified in
Appendix V if use
alternate treatment
standard under 
268.42; 
268.7(a)(5)&(6)
compliance; certi-
fication	268.7(a)(8)	
notification and 
certification 
requirements for
small quantity
generators with 
tolling agreements
pursuant to 
40 CFR 262.20(e)	268.7(a)(9)	
revise section to
include more guidance
on specifying treat-
ment standards 	268.7(b)(4)(ii) 	
insert "impermissible"
in front of "dilution"
in the certification
paragraph 	268.7(b)(5)(i)	
certification require-
ments for wastes with 
treatment standards 
expressed as concen-
trations in the
waste pursuant to
268.43	268.7(b)(5)(iii)	
10		remove paragraph 
268.7(b)(7) and 
redesignate 
268.7(b)(8)
as 268.7(b)(7) 	268.7(b)(7)	
begin the paragraph
with "Except where
the owner or operator 
is disposing of any
waste that is a 
recyclable material
used in a manner
constituting disposal
pursuant to 
40 CFR 266.20(b),"	268.7(c)	

remove paragraph 	268.7(c)(3)	

remove paragraph	268.7(c)(4)	

LANDFILL AND SURFACE IMPOUNDMENT DISPOSAL RESTRICTIONS	 
insert 
"As of May 8, 1990,
this section is 
no longer in effect"
at the end of the
paragraph 	268.8(a)	

SPECIAL RULES REGARDING WASTES THAT EXHIBIT A CHARACTERISTIC	 
determination of
applicable treatment
standards under 
Subpart D of Part 268 
by initial generator
of a solid waste;
code designation 	268.9(a)	
the treatment standard
for the waste code  
listed in 40 CFR 
Part 261, Subpart D 
will operate for wastes
both listed under  
Subpart D, Part 261
and exhibit a 
characteristic under
Subpart C, 
Part 261; conditions
under which treatment
standards for all
applicable listed and
characteristic waste
codes must be met	268.9(b)	
no prohibited waste
which exhibits a
characteristic under
40 CFR Part 261,
Subpart C may be 
land disposed unless
waste complies with
Part 268, Subpart D
treatment standards	268.9(c)	
wastes that exhibit
a characteristic are 
subject to all 268.7
requirements unless
wastes are no longer 
hazardous; if not 
hazardous, notification/
certification sent to
EPA Regional
Administrator or 
authorized State	268.9(d)	
	
	  268.9(d)(1)	 

	  268.9(d)(1)(i)	 

	  268.9(d)(1)(ii)	 
information needed	
with each notification	268.9(d)(1)(iii)	
certification signed
by authorized 
representative stating
language found in
268.7(b)(5)(i)	268.9(d)(2)	

SUBPART C - PROHIBITIONS ON LAND DISPOSAL

WASTE SPECIFIC PROHIBITIONS - THIRD THIRD WASTES	 
effective August 8,
1990, prohibition
from land disposal of
certain wastes 
specified in
261.31, 261.32, 
261.33(e) and 261.33(f)	268.35(a)	
effective November 8,
1990, prohibition
from land disposal
of certain wastes
specified in 261.32	268.35(b)	
effective May 8, 1992,
prohibition from land
disposal of certain
wastes specified in
261.31, 261.32, 
261.33(e), 261.33(f),
certain characteristic
wastes, inorganic 
debris defined in 
268.2(a)(7), and RCRA
hazardous wastes 
containing naturally 
occurring radioactive 
materials	268.35(c)	
effective May 8, 1992,
prohibition from land
disposal of 268.12
mixed radioactive/
hazardous wastes	268.35(d)	
effective May 8, 1992,
prohibition from land
disposal of wastes 
specified in 268.35
as having Subpart D, 
Part 268 treatment
standards based on
incineration, mercury
retorting, or vitri-
fication, and which
are contaminated
soil or debris	268.35(e)	
between May 8, 1990,
and August 8, 1990,
wastes included in 
paragraph 268.35(a)
may be disposed of in
a landfill or surface
impoundment only if 
such unit is in 
compliance with 
268.5(h)(2)	268.35(f)	
between May 8, 1990,
and November 8, 
1990, wastes included
in paragraph 
268.35(b) may be dis-
posed of in a landfill
or surface impound-
ment only if such unit
is in compliance with 
268.5(h)(2)	268.35(g)	
between May 8, 1990,
and May 8, 1992, 
wastes included in 
paragraphs 268.35(c),
(d) and (e) may be
disposed of in a 
landfill or surface
impoundment only if 
such unit is in 
compliance with
268.5(h((2)	268.35(h)	
conditions under
which requirements
of paragraphs 
268.35(a), (b), (c) (d)
and (e) do not apply	268.35(i)	
wastes meet appli-
cable 268 Sub-
part D standards 	268.35(i)(1)	
persons granted
exemption under 268.6	268.35(i)(2)	
wastes meet
applicable alternate
standards under 
268.44	268.35(i)(3)	
persons granted
extension to the
effective date
of a prohibition
under 268.5	268.35(i)(4)	
testing of waste
to determine if
268.10, 268.11 and
268.12 wastes exceed
applicable treatment
standards specified
in 268.41 and 268.43;
consequences of
exceeding standards	268.35(j)	

SUBPART D - TREATMENT STANDARDS

APPLICABILITY OF TREATMENT STANDARDS	 
11		revise paragraph
by adding the 
exception for 
certain wastes that
may be land disposed
if test methods
in Appendix I, Part 
268 or Appendix II, 
Part 261 methods 
are used	268.40(a)	
begin the paragraph
with "Except as 
otherwise specified
in §268.43(c)," 	268.40(c)	

TREATMENT STANDARDS EXPRESSED AS CONCENTRATIONS IN WASTE EXTRACT	 
		revise paragraph
by adding the 
exception for 
certain wastes that 
Table CCWE identifies
and whose
constituents are 
extracted using
test methods
in Appendix I, Part 
268 or Appendix II, 
Part 261; compliance
based on grab 
samples 	268.41(a)	
replace Table CCWE
with new table
as shown on pages
22690 through 22692	268.41(a)/
of this final rule	Table CCWE	

TREATMENT STANDARDS EXPRESSED AS SPECIFIED TECHNOLOGIES	 
treatment of wastes
identified in 
268.42(a)(1)&(2) with
technology specified
in those sub-
paragraphs and in 
Table 1 of 268.42 	268.42(a)	
insert "40 CFR" in
front of "Part 264"
and "Part 265";
remove "or in boilers
or industrial furnaces
burning in accordance
with applicable 
regulatory standards" 	268.42(a)(2)	

remove paragraph	268.42(a)(3)	

remove paragraph 	268.42(a)(4)	
add new
Table 1 addressing
Technology Codes and
Description of 
Technology-Based 
Standards as
shown on pages
22693 and 22694 of
this final rule  	268.42(a)/Table 1	add new table on
Technology-Based
Standards by RCRA 
Waste Code as shown
on pages 22694
through 22700 of this
final rule	268.42(a)/Table 2	
add new table on
Technology-Based
Standards for Specific
Radioactive Hazardous
Mixed Waste as
shown on page 22700
of this final rule	268.42(a)/Table 3	

**********************************************************************************************************************
Guidance note:  268.42 is NOT DELEGABLE.  States should see Note 5 at the beginning of this checklist regarding how to incorporate this paragraph into their code.
	
replace 
"paragraph (a)" with
"paragraphs (a), (c),
and (d)" in two places	268.42(b)	
**********************************************************************************************************************
**********************************************************************************************************************

	 

	†,	ALTERNATE TREATMENT STANDARDS FOR LAB PACKS	 
conditions for
eligibility of
lab packs for
land disposal:	268.42(c)	
compliance of
lab packs with
applicable
provisions of
264.316 and 265.316	268.42(c)(1)	
Part 268 Appendix IV 
and Appendix V 
hazardous wastes 
contained in
lab packs	268.42(c)(2)	
incineration of
lab packs in
accordance with 
Part 264, Subpart O
and Part 265, 
Subpart O 
requirements	268.42(c)(3)	
treatment standards
for incinerator
residues from lab 
packs containing
D004, D005, D006,
D007, D008, D010 
and D011	268.42(c)(4)	
	
12		radioactive
hazardous mixed
wastes with
Table 3 treatment 
standards not
subject to 268.41, 
268.43 or Table 2
treatment standards;
radioactive 
hazardous mixed
wastes not subject
to Table 3 treatment
standards remain
subject to 268.41, 
268.43 and Table 2
treatment standards 	268.42(d)	

TREATMENT STANDARDS EXPRESSED AS WASTE CONCENTRATIONS	 
replace the last
sentence with
"Compliance with
these concentrations
is required based
upon grab samples,
unless otherwise
noted in the
following Table CCW"	268.43(a)	
replace Table CCW
with new table
as shown on pages
22701 through 22713
of this final rule	268.43(a)/Table CCW	
conditions for 
demonstrating
compliance with
treatment standards
for organic
constituents
provided:	268.43(c)	
treatment for
organic constituents
established based on 
incineration in units 
operated in accor-
dance with Subpart O 
requirements of Part 
264 or Part 265 or 
based on combustion 
in fuel substitution
units in accordance 
with applicable tech-
nical requirements	268.43(c)(1)	
organic constituents
treated using 
paragraph
268.43(c)(1) methods	268.43(c)(2)	
good-faith efforts
fail to detect the 
organic constituents;
when such efforts 
must be demonstrated	268.43(c)(3)	
APPENDIX IV TO PART 268

	†,	ORGANOMETALLIC LAB PACKS	 
add Appendix IV
as shown on page
22713 of this final
rule 	Appendix IV	

APPENDIX V TO PART 268

	†,	ORGANIC LAB PACKS	 
add Appendix V 
as shown on pages
22713 and 22714 of
this final rule 	Appendix V	

APPENDIX VI TO PART 268

RECOMMENDED TECHNOLOGIES TO ACHIEVE DEACTIVATION OF CHARACTERISTICS IN SECTION 268.42	 
add Appendix VI
as shown on pages
22714 and 22715 of
this final rule 	Appendix VI	

APPENDIX VII TO PART 268

EFFECTIVE DATES OF SURFACE DISPOSED WASTES REGULATED LDRs	 (COMPREHENSIVE LIST) 
add Appendix VII
as shown on pages
22715 through 22718
of this final rule 	Appendix VII 	 		

APPENDIX VIII TO PART 268

NATIONAL CAPACITY LDR VARIANCES FOR UIC WASTES (COMPREHENSIVE LIST) 	 
add Appendix VIII
as shown on pages 
22718 and 22719 of
this final rule  	Appendix VIII	
PART 270 - EPA-ADMINISTERED PERMIT PROGRAMS; THE  HAZARDOUS
WASTE PERMIT PROGRAM

SUBPART D - CHANGES TO PERMIT

PERMIT MODIFICATION AT THE REQUEST OF THE PERMITTEE	 

13		CLASSIFICATION OF PERMIT MODIFICATION	 
redesignate old 
B(1)(b) as B(1)(c)
and add new item
involving F039
under General 
Facility Standards	270.42,
as shown below 	Appendix I	

	                Modifications		              Class

	       *         *         *         *         *         *              

	B.  General Facility Standards
	    1.  *    *    *
	         b.  To incorporate changes associated 
	             with F039 (multi-source leachate) 
	             sampling or analysis methods.........      1

	       *         *         *         *         *         *