SPECIAL CONSOLIDATED CHECKLIST
	for the
	Phases I-IV Land Disposal Restrictions as of December 31, 2002

Rules Included
This special consolidated checklist is intended for those States that have adopted a Land Disposal Restrictions (LDR) program through the Third Third Scheduled wastes (i.e., through Revision Checklist 106; 57 FR 28628; June 26, 1992) and are now revising their program to include the Phase I-IV LDR wastes.  The LDR "Checklist Reference" column indicates which of the following checklists have affected each listed citation.  To identify previous LDR checklists that have affected a particular citation, States should refer to the Special Consolidated LDR checklist as of June 30, 1992.  
	
This checklist consolidates changes to the Federal code addressed by the following Phases I-IV LDR checklists:					
	
$	Revision Checklist 109 [57 FR 37194 (August 18, 1992)];
$	Revision Checklist 116 [57 FR 47772 (October 20, 1992)];
$	Revision Checklist 123 [58 FR 28506 (May 14, 1993)];
$	Revision Checklist 124 [58 FR 29860 (May 24, 1993)];
$	Revision Checklist 136 [59 FR 43496 (August 24, 1994)];
$	Revision Checklist 137 [59 FR 47982 (September 19, 1994), 60 FR 242 (January 3, 1995)]; 
$	Revision Checklist 151 [61 FR 15566 (April 8, 1996), 61 FR 15660 (April 8, 1996),
61 FR 19117 (April 30, 1996), 61 FR 33680 (June 28, 1996), 61 FR 36419 (July 10, 1996),
61 FR 43924 (August 26, 1996), and 62 FR 7502 (February 19, 1997)];
$	Revision Checklist 155 [62 FR 1992 (January 14, 1997)];
$	Revision Checklist 157 [62 FR 25998 (May 12, 1997)];
$	Revision Checklist 160 [62 FR 37694 (July 14, 1997)];
$	Revision Checklist 161 [62 FR 45568 (August 28, 1997)];
$	Revision Checklist 162 [62 FR 64504 (December 5, 1997)];
$	Revision Checklists 167 A-C [63 FR 28556 (May 26, 1998), 63 FR 31266 (June 8, 1998)];
$	Revision Checklist 170 [63 FR 46332 (August 31, 1998)];
$	Revision Checklist 171 [63 FR 47410 (September 4, 1998)];
$	Revision Checklist 172 [63 FR 48124 (September 9, 1998)];
$	Revision Checklist 173 [63 FR 51254 (September 24, 1998)];
$	Revision Checklist 189 [65 FR 67068 (November 8, 2000)];
$	Revision Checklist 190 [65 FR 81373 (December 26, 2000)]; 
$	Revision Checklist 192B [66 FR 27266 (May 16, 2001)]; and
$	Revision Checklist 201 [67 FR 62618 (October 7, 2002)]. 
 
This special consolidated checklist also includes applicable changes made to the Federal code addressed by the following LDR checklists.  These LDR checklists include revisions to the Federal code that are not part of the LDR program.  Only the changes relative to the LDR program are included on this special consolidated checklist.

$	Revision Checklist 179 [64 FR 2548 (May 11, 1999)]; 
$	Revision Checklist 183 [64 FR 56469 (October 20, 1999)]; and
$	Revision Checklist 195 [66 FR 58258 (November 20, 2001), 67 FR 17119 (April 9, 2002)].

This special consolidated checklist includes applicable changes made to the Federal code addressed by the following checklists that are non-LDR checklists, but which contain revisions to provisions included in the LDR program, through December 31, 2002:

$	Revision Checklists 142A - 142E [60 FR 25492 (May 11, 1995)];
$	Revision Checklist 159 [62 FR 32974 (June 17, 1997)];
$	Revision Checklist 165 [63 FR 24596 (May 4, 1998), 63 FR 35147 (June 29, 1998)]  Withdrawn, see Prenote 3; 
$	Revision Checklist 169 [63 FR 42110 (August 6, 1998); 63 FR 54356 (October 9, 1998)];
$	Revision Checklist 181 [64 FR 36466 (July 6, 1999)];
$	Revision Checklist 182 [64 FR 52828, (September 30, 1999)];
$	Revision Checklist 185 [65 FR 14472 (March 17, 2000)]; 
$	Revision Checklist 187 [64 FR 36365 (June 8, 2000)]; and
$	Revision Checklist 200 [67 FR 48393 (July 24, 2002)].

Court Rulings and Vacatur 
8)  Revision Checklist 159 (62 FR 32974; June 17, 1997) amended the hazardous waste regulations to conform with a Federal court ruling which vacated the listing of certain carbamate wastes, (98 F.3d 1394 (D.C. Cir. 1996)).  The carbamate wastes were listed in the rule addressed by Revision Checklist 140.  Revision Checklist 151 established treatment standards for hazardous wastes from the production of carbamate pesticides under the LDR program.  Revision Checklist 159 addresses the vacatur by removing the vacated wastes from the hazardous waste lists of Part 261 and by revising the LDRs to conform with their removal.

9)  On April 9, 1999, the United States Court of Appeals for the District of Columbia in Great Lakes Chemical Corporation versus EPA (Docket No. 98-1312) granted the U.S. Government=s  motion  for a voluntary vacatur of the rules addressed by Revision Checklist 165.  Because of this vacatur, EPA has withdrawn Revision Checklist 165.  The final rule published August 10, 1998 (63 FR 42580), is also vacated as it only clarified that the typographical errors made in the May 4, 1998 (63 FR 24596) rule were corrected by the June 29, 1998 rule (63 FR 35147).

Adoption Guidance
1)  The non-LDR Revision Checklist 126 (58 FR 46040, August 31, 1993, as amended by 59 FR 47980 on September 19, 1994) replaced the TCLP (method 1311) in Part 261 Appendix II (the Revision Checklist 74 version) and the EP toxicity test method (method 1310) in Part 268 Appendix IX (the Revision Checklist 83 version) with notes referencing these methods in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" which is incorporated by reference at 260.11(a).  As a result, all internal references to Part 261 Appendix II and Part 268 Appendix IX were revised to reflect these changes.  Revision Checklist 126 did not revise the content nor the intended use of the TCLP or the EP toxicity methods.  However, because this checklist changed the location of these methods and their internal references, States that are revising their LDR program should adopt Revision Checklist 126.  As such, Revision Checklist 126, as it relates to LDR, is addressed in the "Checklist Reference" column rather than in a footnote. 

2)  States do not need to adopt requirements equivalent to 40 CFR 268.13 because it contains the schedule by which EPA must evaluate wastes for LDRs.  As such, this section is not included in this consolidated checklist.  However, States need to adopt requirements equivalent to 40 CFR 268.14.  Such requirements address the length of time interim status impoundments can be used to receive or generate newly identified or listed hazardous wastes and resolve the potential conflicts between RCRA ''3004(h)(4), 3005(j)(6) and 3004(j)(11) [see the discussion in the Federal Register for Revision Checklist 109, pp. 37218-37221].

3)  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)(8), 268.7(a)(9), 268.42(c), 268.42(c)(1)-(4), and Appendices IV and V to Part 268.

4)  The Universal Waste rule addressed by Revision Checklists 142A through 142E (60 FR 25492; May 11, 1995) is a non-LDR rule.  That rule, however, added a provision at 268.1(f) stating that handlers and transporters of the universal wastes listed at 268.1(f)(1)-(3) are exempted from the requirements at 268.7 and 268.50.  For completeness, paragraphs 268.1(f) and (f)(1)-(3) are included on this Consolidated LDR Checklist.  These provisions are applicable only to those States that wish to adopt the Universal Waste rule.

Non-Delegable Provisions
1)  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) and 268.42(b) (application for alternate treatment method).  "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 or 268.42(b).  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.  For guidance regarding adoption of these non-delegable portions of the Land Disposal Restrictions, see the pre-notes to the consolidated LDR checklist.

The provisions at 40 CFR 268.44(a)-(g) address general treatment standard variances.  The authority for such variances is not delegable because these variances could result in nationally applicable standards for a new waste treatability group.  The provisions at 40 CFR 268.44(h)-(m), on the other hand, address site-specific variances.  In the HWIR-Media Proposal (61 FR 18828, April 29, 1996), EPA clarified that the authority to review and approve this second type of treatment variance can be delegated to States.    Because there has been some confusion over how to handle the delegability issue in State regulations, some States may already have been inadvertently authorized for 268.44 site-specific treatment variances.  EPA is requesting that States note in their HWIR-media program revision application, other authorization applications, or in official correspondence whether they believe they have been authorized for site-specific treatment variances.  EPA will evaluate that aspect of a State's submittal to confirm the State's authorization.  For further information see 61 FR 18828 (April 29, 1996) and 62 FR 64506 (December 5, 1997).

2)  While 268.40 is delegable to States, the Federal term "Administrator" in the following phrase "approved by the Administrator under the procedures set forth in 268.42(b)" should not be replaced in 268.40(b) with an analogous State term because it is referring to decisions under 268.42(b).  Such decisions will be made by the EPA Administrator.							

Universal Treatment Standards
The Universal Treatment Standards rule addressed by Revision Checklist 137 (59 FR 47982, September 19, 1994; 60 FR 242, January 3, 1995) made significant revisions to the existing LDR program to simplify and provide consistency in these requirements.  With respect to the LDR program, a single set of requirements, referred to as the universal treatment standards, was established that applies to most hazardous wastes.  These standards replaced the myriad of constituent concentration levels with a uniform set of constituent levels, that is, the Part 268 tables containing treatment standards were consolidated into a single table (the "Treatment Standards for Hazardous Wastes" table in 268.40).

The Universal Treatment Standards rule was promulgated relative to HSWA authorities, with the exception of the modifications made to the definition of solid waste.  Normally, all of the HSWA requirements would go into effect immediately.  However, many States are currently authorized for the LDRs, and the September 19, 1994 modifications would result in the authority for these programs to return, in part, to EPA.  Because the Agency believes that it was not Congress' intent that the responsibility for already-authorized HSWA programs be returned to EPA every time EPA promulgates modifications to HSWA program requirements, EPA has decided to not implement the UTS separately for those wastes for which the State has already received LDR authorization.  Under this approach, States authorized for some or all of the LDRs will continue to implement portions of the program for which they are authorized, whether or not they have adopted the new standards.  (See the December 19, 1994 memo from Mike Shapiro in Appendix N of the SAM.)

	
FEDERAL REQUIREMENTS	
CHECKLIST
REFERENCE	
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 B - DEFINITIONS	

DEFINITIONS	

add "containment building"	
109	
260.10	

	

	
revise "miscellaneous unit"	
109	
260.10	

	

	
revise "pile"	
109	
260.10	

	

	
revise reference to "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" to refer to third edition; add ASTM Method E926-88 to the end of the list of publications incorporated by reference; remove unnumbered paragraph and list of analytical testing methods; remove footnote 1 following the list of publications incorporated by reference	
126	
260.11(a)	

	

	
SUBPART C - RULEMAKING PETITIONS	

GENERAL	

VARIANCES FROM CLASSIFICATION AS A SOLID WASTE	

change "Regional Administrator" to "Administrator"	
H137	
260.30 intro	

	

	
remove "primary production"	
H137	
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	
H137	
260.31(a)	

	

	
change "Regional Administrator" to "Administrator"	
H137	
260.31(b)	

	

	
VARIANCE TO BE CLASSIFIED AS A BOILER	

change "Regional Administrator" to "Administrator"	
H137	
260.32 intro	

	

	
PROCEDURES FOR VARIANCES FROM CLASSIFICATION AS A SOLID WASTE OR TO BE CLASSIFIED AS A BOILER	

change "Regional Administrator" to "Administrator"	
H137	
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"	
H137	
260.33(a)	

	

	
change the three occurrences of "Regional Administrator" to "Administrator"; remove ", and this decision may not be appealed to the Administrator"	
H137	
260.33(b)	

	

	
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE	

SUBPART A - GENERAL	

PURPOSE AND SCOPE	

H	
add new paragraph; definition "Excluded scrap metal"	
157	
261.1(c)(9)	

	

H	
add new paragraph; definition "Processed scrap metal"	
157	
261.1(c)(10)	

	

H	
add new paragraph; definition "Home scrap metal"	
157	
261.1(c)(11)	

	

H	
add new paragraph; definition "Prompt scrap metal"	
157	
261.1(c)(12)	

	

	
DEFINITION OF SOLID WASTE	

revise Table 1; add after entry for scrap metal "other than excluded scrap metal (see 261.1(c)(9))"; also add "and 'processed scrap metal'" after "scrap metal" in Note	
H157	
261.2(c)(4)/Table	

	

	
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	
H137	
261.2(e)(1)(iii)	

	

	
DEFINITION OF HAZARDOUS WASTE	

insert "of this part" after the first "subpart C"; insert "," before "or unless"; add a sentence addressing the relationship of nonwastewater mixtures and the Part 268 requirements	
109	
261.3(a)(2)(iii)	

	

	
split paragraph into two subparagraphs, (C)(1)&(2), with the second subparagraph addressing the notification for HTMR residues; in first subparagraph, insert ", K062 or F006" after "K061"; replace "(as defined in 40 CFR 260.10(6), (7), and (12))" with "(as defined in paragraphs (6), (7), and (13) of the definition for 'Industrial Furnace' in 40 CFR 260.10)"; replace "identified below" with "identified in the tables in this paragraph"; replace "The generic exclusion levels are:" with a sentence addressing burden of proof for persons claiming this exclusion in an enforcement action; replace single table with the two tables indicated at 57 FR 37264	
109	
261.3(c)(2)(ii)(C)(1)	

	

2	
completely revise requirements addressing notification and certification; one- time notification and certification for K061, K062 or F006 HTMR residues, which meet generic exclusion levels and exhibit no characteristics that are sent to Subtitle D units; update of notification and certification; annual EPA/State notification; deadline for submission to EPA/State; what the notification must include; certification signed by authorized representative and what it must state	
109	
261.3(c)(2)(ii)(C)(2)	

	

	
add new paragraph addressing debris that is excluded from regulation provided it meets specified criteria:	
109	
261.3(f)	

	

	
add new subparagraph; Part 268-defined hazardous debris treated using a specified 268.45, Table 1, extraction or destruction technology; burden of proof on claimant in an enforcement action	
109	
261.3(f)(1)	

	

	
add new subparagraph; Part 268-defined debris determined by Regional Administrator to no longer be contaminated with hazardous waste	
109	
261.3(f)(2)	

	

	
PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE	

SUBPART C - PRE-TRANSPORT REQUIREMENTS	

ACCUMULATION TIME	

replace ";" at the end of text with a ":"	
109	
262.34(a)(1)(iii)	

	

	
replace "." with "; and/or"	
109	
262.34(a)(1)(iii)(B)	

	

	
add new subparagraph addressing waste placed in containment buildings; compliance with 265, Subpart DD; professional engineer certification of compliance with 265.1101 design standards placed in operating record no later than 60 days after the date of initial unit operation; requirements after February 18, 1993; records which must be maintained	
109	
262.34(a)(1)(iv)	

	

	
add new subparagraph requiring a written description of procedures to ensure each waste volume remains in unit for no more than 90 days; written description of waste generation and management practices for the facility showing that they are consistent with respecting the 90-day limit; documentation that procedures are complied with	
109	
262.34(a)(1)(iv)(A)	

	

	
add new subparagraph requiring documentation that unit is emptied at least once every 90 days	
109	
262.34(a)(1)(iv)(B)	

	

	
remove first paragraph numbered (a)(2) (including (a)(2)(i)&(ii));
remove unnumbered paragraph following (a)(2)(ii)	
109	
262.34(a)(2)	

	

	
replace A268.7(a)(4)@ with A268.7(a)(5)@	
H183	
262.34(a)(4)	

	

 	
replace reference A40 CFR 268.7(a)(4)@ with A40 CFR 268.7(a)(5)@	
H179	
262.34(d)(4)	

	

	
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 reactive wastes to remove the characteristic before land disposal; 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)"	
124,137	
264.1(g)(6)	

	

	
SUBPART G - CLOSURE AND POST-CLOSURE	

APPLICABILITY	

remove "and" from the end of paragraph	
109	
264.110(b)(1)	

	

	
replace "." with ";"	
109	
264.110(b)(2)	

	

	
replace "." with "; and"	
109	
264.110(b)(3)	

	

	
add new paragraph addressing containment buildings that are required under 264.1102 to meet the requirements for landfills	
109	
264.110(b)(4)	

	

	
CLOSURE PERFORMANCE STANDARD	

change ", and 264.601 through 264.603" to ", 264.601 through 264.603, and 264.1102"	
109	
264.111(c)	

	

	
CLOSURE PLAN; AMENDMENT OF PLAN	

	
replace "264.90 et seq." with "subpart F of this part"; change "and 264.601" to ", 264.601 and 264.1102"	
109	
264.112(a)(2)	

	

	
SUBPART H - FINANCIAL REQUIREMENTS	

	
APPLICABILITY	

	
replace ", and" with ";"	
109	
264.140(b)(1)	

	

	
replace "." with ";"	
109	
264.140(b)(2)	

	

	
replace "." with "; and"	
109	
264.140(b)(3)	

	

	
add new paragraph regarding containment buildings that are required under 264.1102 to meet the requirements for landfills	
109	
264.140(b)(4)	

	

	
COST ESTIMATE FOR CLOSURE	

change ", and 264.601 through 264.603" to ", 264.601 through 264.603, and 264.1102"	
109	
264.142(a)	

	

	
SUBPART DD - CONTAINMENT BUILDINGS	

APPLICABILITY	

applies to owners/operators storing or treating hazardous waste in units designed and operated under 264.1101; effective February 18, 1993, but may notify Regional Administrator of earlier time; not subject to definition of land disposal in RCRA 3004(k) provided unit:	
109	
264.1100 intro	

	

	
is a completely enclosed, self-supporting structure designed and constructed as specified	
109	
264.1100(a)	

	

	
has a primary barrier designed to withstand movement of personnel, wastes and handling equipment within unit	
109	
264.1100(b)	

	

	
if used to manage liquids:	
109	
264.1100(c)	

	

	
primary barrier designed and constructed to prevent migration of hazardous constituents into barrier	
109	
264.1100(c)(1)	

	

	
liquid collection system to minimize accumulation of liquid on primary barrier	
109	
264.1100(c)(2)	

	

	
secondary containment system to prevent hazardous constituent migration into barrier; leak detection and liquid collection as specified; variance under 264.1101(b)(4)	
109	
264.1100(c)(3)	

	

	
controls to prevent fugitive dust emissions to meet 264.1101(c)(1)(iv) standards	
109	
264.1100(d)	

	

	
designed and operated to ensure containment and prevent tracking of materials from unit by personnel or equipment	
109	
264.1100(e)	

	

	
DESIGN AND OPERATING STANDARDS	

all containment buildings must comply with following design standards:	
109	
264.1101(a) intro	

	

	
completely enclosed as specified	
109	
264.1101(a)(1)	

	

	
design and construction of floor, containment walls and secondary containment system; unit of sufficient structural strength to prevent collapse or failure; chemically compatible surfaces; standards for judging structural integrity requirements; when exception for light-weight doors and windows will apply:	
109	
264.1101(a)(2) intro	

	

	
provide effective barrier against fugitive dust emissions under 264.1101(c)(1)(iv)	
109	
264.1101(a)(2)(i)	

	

	
unit designed and operated so that wastes do not contact openings	
109	
264.1101(a)(2)(ii)	

	

	
no placement of incompatible wastes or treatment reagents that could cause unit or secondary containment system to leak, corrode or otherwise fail	
109	
264.1101(a)(3)	

	

	
must have primary barrier designed to withstand movement of personnel, waste and handling equipment in unit during unit operating life, as appropriate for waste characteristics	
109	
264.1101(a)(4)	

	

	
requirements for hazardous waste containing free liquids or treated with free liquids:	
109	
264.1101(b) intro	

	

	
primary barrier to prevent migration of hazardous constituents into the barrier	
109	
264.1101(b)(1)	

	

	
liquid collection and removal system to minimize accumulation of liquid on primary barrier:	
109	
264.1101(b)(2) intro	

	

	
primary barrier sloped to drain liquids to collection system	
109	
264.1101(b)(2)(i)	

	

	
liquids and waste collected and removed to minimize hydraulic head on containment system at earliest practicable time	
109	
264.1101(b)(2)(ii)	

	

	
secondary containment system to prevent hazardous constituent migration into barrier; leak detection and liquid collection as specified	
109	
264.1101(b)(3) intro	

	

	
what must be installed at a minimum to satisfy leak detection component of secondary containment system	
109	
264.1101(b)(3)(i) intro	

	

	
constructed with 1% or greater bottom slope	
109	
264.1101(b)(3)(i)(A)	

	

	
granular, synthetic, or geonet drainage materials as specified	
109	
264.1101(b)(3)(i)(B)	

	

	
if treatment conducted in building, treatment area designed to prevent releases to other portions of building	
109	
264.1101(b)(3)(ii)	

	

	
secondary containment construction materials specifications; requirements for use of containment building as tank secondary containment system	
109	
264.1101(b)(3)(iii)	

	

	
for existing units other than 90-day generator units, Regional Administrator delay of secondary containment requirement if demonstrated that unit substantially meets Subpart DD standards; for demonstration, owner/operator must:	
109	
264.1101(b)(4) intro	

	

	
provide written notice by February 18, 1993; what notice must contain	
109	
264.1101(b)(4)(i)	

	

	
respond to Regional Administrator comments within 30 days	
109	
264.1101(b)(4)(ii)	

	

	
if approved, fulfill terms of revised plans	
109	
264.1101(b)(4)(iii)	

	

	
owners and operators of all containment buildings must:	
109	
264.1101(c) intro	

	

	
use controls and practices to ensure containment of hazardous waste within unit; at a minimum:	
109	
264.1101(c)(1) intro	

	

	
maintain primary barrier as specified	
109	
264.1101(c)(1)(i)	

	

	
maintain level of stored/treated hazardous waste as specified	
109	
264.1101(c)(1)(ii)	

	

	
take measures to prevent tracking of hazardous waste out of unit; equipment decontamination area; rinsate collection and management	
109	
264.1101(c)(1)(iii)	

	

	
take measures to control fugitive dust emissions; maintain particulate collection devices as specified; when "no visible emissions" must be maintained	
109	
264.1101(c)(1)(iv)	

	

	
certification by qualified registered professional engineer; for units in operation prior to February 18, 1993, certification placed in operating record or on-site files no later than 60 days after date of initial operation; after February 18, 1993, PE certification required prior to operation of unit	
109	
264.1101(c)(2)	

	

	
prompt repairs of unit throughout active life as specified, according to the following procedures:	
109	
264.1101(c)(3)	

	

	
detection of condition that has led to a release; leakage from primary barrier; owner or operator must:	
109	
264.1101(c)(3)(i) intro	

	

	
enter record of discovery in facility operating record	
109	
264.1101(c)(3)(i)(A)	

	

	
immediately remove portion of containment building affected by the condition from service	
109	
264.1101(c)(3)(i)(B)	

	

	
determine steps to be taken for repair, remove leakage from secondary collection system and establish schedule for cleanup and repairs	
109	
264.1101(c)(3)(i)(C)	

	

	
within 7 days, notify Regional Administrator of condition; within 14 working days, provide written notice to Regional Administrator; what written notice must include	
109	
264.1101(c)(3)(i)(D)	

	

	
Regional Administrator must review notice, determine extent to which unit must be removed from service during repairs, and notify owner/operator of determination and rationale in writing	
109	
264.1101(c)(3)(ii)	

	

	
written notification to Regional Administrator on completion of repair and cleanup; verification by a qualified, registered professional engineer that repairs and cleanup are in compliance with 264.1101(c)(3)(i)(D) plan	
109	
264.1101(c)(3)(iii)	

	

	
what must be inspected and recorded in facility's operating records, at least once every seven days	
109	
264.1101(c)(4)	

	

	
for containment buildings that contain areas both with and without secondary containment, the owner/operator must:	
109	
264.1101(d) intro	

	

	
design and operate each area in accordance with 264.1101(a)-(c) requirements	
109	
264.1101(d)(1)	

	

	
take measures to prevent release of liquids or wet materials into areas without secondary containment	
109	
264.1101(d)(2)	

	

	
maintain in facility's operating log a written description of operating procedures used to maintain integrity of areas without secondary containment	
109	
264.1101(d)(3)	

	

	
Regional Administrator waiver of secondary containment requirements; what owner/operator must demonstrate	
109	
264.1101(e)	

	

	
CLOSURE AND POST-CLOSURE CARE	

what must be done at closure; closure plan, closure activities, cost estimates, and financial responsibility must meet all 264 Subpart G & H requirements	
109	
264.1102(a)	

	

	
if 264.1102(a) requirements met and not all contaminated subsoils can be removed or decontaminated, close facility and perform post-closure care as for landfill under 264.310; owner/operator must meet 264 Subpart G & H requirements for landfills	
109	
264.1102(b)	

	

	
reserved	
109	
264.1103-264.1110	

	

	
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 ending period to a comma and add a phrase regarding compliance with ' 264.17(b) if owner or operator is diluting hazardous ignitable wastes or reactive wastes to remove the characteristic before land disposal	
124,137	
265.1(c)(10)	

	

	
SUBPART G - CLOSURE AND POST-CLOSURE	

APPLICABILITY	

remove "and" from end of paragraph	
109	
265.110(b)(1)	

	

	
remove "and" from end of paragraph	
109	
265.110(b)(2)	

	

	
replace "." with "; and"	
109	
265.110(b)(3)	

	

	
add new paragraph addressing containment buildings that are required under 265.1102 to meet the requirements for landfills	
109	
265.110(b)(4)	

	

	
CLOSURE PERFORMANCE STANDARD	

change "and 265.404" to ", 265.404, and 264.1102"	
109	
265.111(c)	

	

	
CLOSURE PLAN; AMENDMENT OF PLAN	

replace "'' 265.90 et seq." with "subpart F of this part, ''"; change ", and 265.404" to ", 265.404, and 264.1102"	
109	
265.112(d)(4)	

	

	
SUBPART H - FINANCIAL REQUIREMENTS	

APPLICABILITY	

in 265.140(b) insert ":" after "of"; reorganize rest of paragraph after "apply to" into 265.140(b)(1) [disposal facilities] and 265.140(b)(2) [tank systems]; add 265.140(b)(3) addressing containment buildings	
109	
265.140(b)  intro	

	

			
265.140(b)(1)	

	

			
265.140(b)(2)	

	

			
265.140(b)(3)	

	

	
COST ESTIMATE FOR CLOSURE	

replace "of '' 265.178" with "in '' 265.178"; change "and 265.404" to ", 265.404 and 265.1102"	
109	
265.142(a)	

	

	
SUBPART K - SURFACE IMPOUNDMENTS	

DESIGN AND OPERATING REQUIREMENTS	

add new paragraph regarding surface impoundments newly subject to RCRA '3005(j)(1) must be in compliance with 265.221(a),(c)&(d) no later than 48 months after additional characteristic or listing promulgation; Part 268 land disposal prohibitions or an extension to an effective date, within the 48-month period, shall not cut short compliance period	
109	
265.221(h)	

	

4	
SUBPART DD - CONTAINMENT BUILDINGS	

APPLICABILITY	

applies to owners/operators storing or treating hazardous waste in units designed and operated under 265.1101; effective February 18, 1993, but may notify Regional Administrator of earlier time; not subject to definition of land disposal in RCRA 3004(k) provided unit:	
109	
265.1100	

	

	
is a completely enclosed, self supporting structure designed and constructed as specified	
109	
265.1100(a)	

	

	
has a primary barrier designed to withstand movement of personnel, wastes and handling equipment within unit	
109	
265.1100(b)	

	

	
if used to manage liquids:	
109	
265.1100(c) intro	

	

	
primary barrier designed and constructed to prevent migration of hazardous constituents into barrier	
109	
265.1100(c)(1)	

	

	
liquid collection system to minimize accumulation of liquid on primary barrier	
109	
265.1100(c)(2)	

	

	
secondary containment system to prevent hazardous constituent migration into barrier; leak detection and liquid collection as specified; variance under 265.1101(b)(4)	
109	
265.1100(c)(3)	

	

	
controls to prevent fugitive dust emissions	
109	
265.1100(d)	

	

	
designed and operated to ensure containment and prevent tracking of materials from unit by personnel or equipment	
109	
265.1100(e)	

	

	
DESIGN AND OPERATING STANDARDS	

all containment buildings must comply with following design standards:	
109	
265.1101(a)  intro	

	

	
completely enclosed as specified	
109	
265.1101(a)(1)	

	

	
design and construction of floor, containment walls and secondary containment system; unit of sufficient structural strength to prevent collapse or failure; chemically compatible surfaces; standards for judging structural integrity requirements; when exception for light-weight doors and windows will apply:	
109	
265.1101(a)(2) intro	

	

	
provide effective barrier against fugitive dust emissions under 265.1101(c)(1)(iv)	
109	
265.1101(a)(2)(i)	

	

	
unit designed and operated so that wastes do not contact openings	
109	
265.1101(a)(2)(ii)	

	

	
no placement of incompatible wastes or treatment reagents that could cause unit or secondary containment system to leak, corrode or otherwise fail	
109	
265.1101(a)(3)	

	

	
must have primary barrier designed to withstand movement of personnel, waste and handling equipment in unit during unit operating life, as appropriate for waste characteristics	
109	
265.1101(a)(4)	

	

	
requirements for hazardous waste containing free liquids or treated with free liquids:	
109	
265.1101(b) intro	

	

	
primary barrier to prevent migration of hazardous constituents into the barrier	
109	
265.1101(b)(1)	

	

	
liquid collection and removal system to prevent accumulation of liquid on primary barrier:	
109	
265.1101(b)(2) intro	

	

	
primary barrier sloped to drain liquids to collection system	
109	
265.1101(b)(2)(i)	

	

	
liquids and waste collected and removed to minimize hydraulic head on containment system at earliest practicable time to protect human health and environment	
109	
265.1101(b)(2)(ii)	

	

	
secondary containment system to prevent hazardous constituent migration into barrier; leak detection and liquid collection as specified	
109	
265.1101(b)(3) intro	

	

	
what must be installed at a minimum to satisfy leak detection component of secondary containment system	
109	
265.1101(b)(3)(i) intro	

	

	
construct with 1% or greater bottom slope	
109	
265.1101(b)(3)(i)(A)	

	

	
granular, synthetic, or geonet drainage materials as specified	
109	
265.1101(b)(3)(i)(B)	

	

	
if treatment conducted in building, treatment area designed to prevent releases to other portions of building	
109	
265.1101(b)(3)(ii)	

	

	
secondary containment construction materials specifications; requirements for use of containment building as tank secondary containment system	
109	
265.1101(b)(3)(iii)	

	

	
for existing units other than 90-day generator units, Regional Administrator delay of secondary containment requirement if demonstrated that unit substantially meets Subpart DD standards; for demonstration, owner/operator must:	
109	
265.1101(b)(4) intro	

	

	
provide written notice by February 18, 1993; what notice must contain	
109	
265.1101(b)(4)(i)	

	

	
respond to Regional Administrator comments within 30 days	
109	
265.1101(b)(4)(ii)	

	

	
if approved, fulfill terms of revised plans	
109	
265.1101(b)(4)(iii)	

	

	
owners and operators of all containment buildings must:	
109	
265.1101(c) intro	

	

	
use controls and practices to ensure containment of hazardous waste within unit; at a minimum:	
109	
265.1101(c)(1) intro	

	

	
maintain primary barrier as specified	
109	
265.1101(c)(1)(i)	

	

	
maintain level of stored/treated hazardous waste as specified	
109	
265.1101(c)(1)(ii)	

	

	
take measures to prevent tracking of hazardous waste out of unit; equipment decontamination area; rinsate collection and management	
109	
265.1101(c)(1)(iii)	

	

	
take measures to control fugitive dust emissions; maintain particulate collection devices as specified; when "no visible emissions" must be maintained	
109	
265.1101(c)(1)(iv)	

	

	
certification by qualified registered professional engineer; for units in operation prior to February 18, 1993, certification placed in operating record or on-site files no later than 60 days after date of initial operation; after February 18, 1993, PE certification required prior to operation of unit	
109	
265.1101(c)(2)	

	

	
prompt repairs of unit throughout active life, according to the following procedures:	
109	
265.1101(c)(3) intro	

	

	
detection of condition that has led to a release; leakage from primary barrier; owner or operator must:	
109	
265.1101(c)(3)(i) intro	

	

	
enter record of discovery in facility operating record	
109	
265.1101(c)(3)(i)(A)	

	

	
immediately remove portion of containment building affected by the condition from service	
109	
265.1101(c)(3)(i)(B)	

	

	
determine steps to be taken for repair; remove leakage from secondary collection system and establish schedule for cleanup and repairs	
109	
265.1101(c)(3)(i)(C)	

	

	
within 7 days, notify Regional Administrator of condition; within 14 working days, provide written notice to Regional Administrator; what written notice must include	
109	
265.1101(c)(3)(i)(D)	

	

	
Regional Administrator must review notice, determine extent to which unit must be removed from service during repairs, and notify owner/operator of determination and rationale in writing	
109	
265.1101(c)(3)(ii)	

	

	
written notification of Regional Administrator on completion of repair and cleanup; verification by a qualified, registered professional engineer that repairs and cleanup are in compliance with 265.1101(c)(3)(i)(D) plan	
109	
265.1101(c)(3)(iii)	

	

	
what must be inspected and recorded in facility's operating records, at least once every seven days	
109	
265.1101(c)(4)	

	

	
for containment building that contains both areas with and without secondary containment, the owner/operator must:	
109	
265.1101(d) intro	

	

	
design and operate each area in accordance with 265.1101(a)-(c) requirements	
109	
265.1101(d)(1)	

	

	
take measures to prevent release of liquids or wet materials into areas without secondary containment	
109	
265.1101(d)(2)	

	

	
maintain in facility's operating log a written description of operating procedures used to maintain integrity of areas without secondary containment	
109	
265.1101(d)(3)	

	

	
Regional Administrator waiver of secondary containment requirements; what owner/operator must demonstrate	
109	
265.1101(e)	

	

	
CLOSURE AND POST-CLOSURE CARE	

what must be done at closure; closure plan, closure activities, cost estimates, and financial responsibility must meet all 265 Subparts G & H requirements	
109	
265.1102(a)	

	

	
if 265.1102(a) requirements met and not all contaminated soils can be removed or decontaminated, close facility and perform post-closure care as for landfill under 265.310; owner/operator must meet 265 Subparts G & H requirements for landfills	
109	
265.1102(b)	

	

	
reserved	
109	
265.1103-265.1110	

	

	
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	

APPLICABILITY	

add new paragraph; uses of slags from HTMR processing of hazardous wastes K061, K062 and F006 not covered by 266.20(b) 	
136	
266.20(c)	

	

	
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"	
137	
266.23(a)	

	

	
SUBPART H - HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES	

APPLICABILITY	

,	
insert "or mercury recovery furnace," after "recovery furnace"; remove comma in Afurnace, must@; replace A(c)(3)@ with A(d)(3)@; replace ending colon with A, and owners or operators of lead recovery furnaces that are subject to regulation under the Secondary Lead Smelting NESHAP must comply with the requirements of paragraph (h) of this section@	
137,H182	
266.100(d)(1) intro	

	

	
redesignate old 266.100(c)(1)(i)-(iii) & (c)(2) as (d)(1)(i)-(iii) & (d)(2)	
H182	
266.100(d)(1)(i)-(iii) & (d)(2)	

	

	
insert "or mercury" after "nickel-chromium"; insert "(c)(3)" at the end of paragraph; after Amercury recovery furnace,@ insert Aexcept for owners or operators of lead recovery furnaces subject to regulation under the Secondary Lead Smelting NESHAP,@	
137,H182	
266.100(d)(3) intro	

	

	
replace "and XII" with ", XII, and XIII"	
137,H182	
266.100(d)(3)(i)	

	

13,	
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,"	
137,H182	
266.100(d)(3)(i)(A)	

	

13	
replace "or XII" with "XII, or XIII"	
137,H182	
266.100(d)(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	
137	
266/Appendix XIII	

	

	
PART 268 - LAND DISPOSAL RESTRICTIONS	

SUBPART A - GENERAL	

PURPOSE, SCOPE AND APPLICABILITY	

delete both occurrences of "from land disposal"; insert "or part 148 of this chapter" after "under this part,"	
151	
268.1(c)(3) intro	

	

17,	
add "and" at the end of the subparagraph	
151	
268.1(c)(3)(i)	

	

17	
insert "identified in 40 CFR part 261, subpart C" after "waste"	
137,
151	
268.1(c)(3)(ii)	

	

17,	
remove paragraph added by 137	
137,
151	
268.1(c)(3)(iii)	

	

	
add paragraph; wastes that exhibit a hazardous characteristic (except D003 reactive cyanide and those subject to a treatment method other than DEACT in 268.40) are not prohibited from land disposal if:	
151	
268.1(c)(4) intro	

	

	
the wastes are managed in a treatment system with a permit under Clean Water Act (CWA) ' 402, or	
151	
268.1(c)(4)(i)	

	

	
the wastes are treated under the pretreatment requirements of CWA ' 307, or	
151	
268.1(c)(4)(ii)	

	

	
the wastes are managed in a zero discharge system engaged in CWA-equivalent treatment as defined in 268.37(a), and	
151	
268.1(c)(4)(iii)	

	

	
the wastes no longer exhibit a prohibited characteristic at the point of land disposal	
151	
268.1(c)(4)(iv)	

	

	
revise paragraph; de minimis losses of characteristic wastes to wastewaters are not considered prohibited wastes and definition of  de minimis losses 	
124,137,
151, 157	
268.1(e)(4)	

	

	
remove	
124,137,
151,157	
268.1(e)(5)	

	

H,	
add new paragraph; universal waste handlers and transporters are exempt from 268.7 and 268.50 for the listed universal wastes; these handlers are subject to Part 273 instead	
142A	
268.1(f) intro	

	

H,21	
add new subparagraph exempting handlers of batteries as described in 273.2	
142B	
268.1(f)(1)	

	

H,21	
add new subparagraph exempting handlers of pesticides as described in 273.3	
142C, H181	
268.1(f)(2)	

	

H,21	
add new subparagraph exempting handlers of thermostats as described in 273.4	
142D, H181	
268.1(f)(3)	

	

H,21	
add new subparagraph exempting handlers of lamps described in 273.5	
181	
268.1(f)(4)	

	

	
DEFINITIONS APPLICABLE TO THIS PART	

delete ", with the following exceptions:"; add an ending period	
151	
268.2(f)	

	

	
removed	
151	
268.2(f)(1)-(3)	

	

	
replace definition of "inorganic solid debris" with definition of "debris" and list of materials that are not debris	
109,137	
268.2(g)	

	

	
removed	
109	
268.2(g)(1)-(8)	

	

	
add new paragraph defining "hazardous debris"	
109, H179	
268.2(h)	

	

	
add new paragraph defining  "underlying hazardous constituent"	
124,137,
151, 167A	
268.2(i)	

	

	
add definition of "inorganic metal-bearing waste"	
151	
268.2(j)	

	

H	
add definition of soil	
167B, H179	
268.2(k)	

	

	
DILUTION PROHIBITED AS A SUBSTITUTE FOR TREATMENT	

replace "a treatment system which treats" with "treatment systems which include land-based units which treat"; replace "or which treats wastes" with ", or which treat wastes in a CWA-equivalent treatment system, or which treat wastes"; replace "has been specified as the treatment standard in  
'268.42" with "other than DEACT has been specified in ' 268.40 as the treatment standard"	
151	
268.3(b)	

	

	
combustion of hazardous waste codes listed in part 268 Appendix XI is prohibited unless the waste complies with one or more criteria of 268.3(c)(1)-(6)	
151	
268.3(c)	

	

			
268.3(c)(1)	

	

			
268.3(c)(2)	

	

			
268.3(c)(3)	

	

			
268.3(c)(4)	

	

			
268.3(c)(5)	

	

			
268.3(c)(6)	

	

	
add paragraph; adding iron filings or other metallic forms of iron to lead-containing hazardous wastes to achieve land disposal restriction treatment standard for lead is a form of impermissible dilution and is prohibited; list of lead-containing wastes 	
167A	
268.3(d)	

	

	
TREATMENT SURFACE IMPOUNDMENT EXEMPTION	

replace colon after Aat least annually@ with a semicolon; delete second sentence beginning with AHowever, residues which are@	
167C	
268.4(a)(2)(ii)	

	

	
insert period after Afor subsequent management@ and delete remainder of sentence	
167C	
268.4(a)(2)(iii)	

	

	
completely revise subparagraph; sampling and testing and recordkeeping provisions of 264.13 and 265.13 of this chapter apply	
157	
268.4(a)(2)(iv)	

	

	
remove "and submits a copy of the waste analysis plan under '268.4(a)(2)"	
157	
268.4(a)(4)	

	

	
*******************************************************************************************
Guidance note:  268.5 is NOT DELEGABLE.  States should see pre-note 1 under Non-Delegable Provisions at the beginning of this checklist regarding how to incorporate this section into their code.	

PROCEDURES FOR CASE-BY-CASE EXTENSIONS TO AN EFFECTIVE DATE	

replace ending ";" with "; or"	
109	
268.5(h)(2)(ii)	

	

	
replace ending ";" with "; or"	
109	
268.5(h)(2)(iv)	

	

	
redesignate old 268.5(h)(2)(v) as 268.5(h)(2)(vi); add new paragraph addressing surface impoundments newly subject to RCRA 3006(j)(1); compliance with 265 Subpart F within 12 months and with 265.221(a), (c), and (d) within 48 months; effect of a national capacity variance	
109	
268.5(h)(2)(v)	

	

	
former 268.5(h)(2)(v) becomes 268.5(h)(2)(vi)	
109	
268.5(h)(2)(vi)	

	

	
*******************************************************************************************
*******************************************************************************************	

,	
TESTING, TRACKING, AND RECORDKEEPING REQUIREMENTS FOR GENERATORS, TREATERS, AND DISPOSAL FACILITIES	

1	
redesignate old 268.7(a) as 268.7(a)(1); requirements for generators 	
157	
268.7(a) intro	

	

,	
old 268.7(a) is new 268.7(a)(1); completely revise paragraph; generator of hazardous waste must determine if it has to be treated before it can be land disposed; delete ADetermine if the waste ...as follows:@; delete Aa@ after Agenerator of@; replace "'268.40 or '268.45" with "'268.40, '268.45, or '268.49";after Abefore they can be land disposed@ insert Aand some soils are contaminated by such hazardous wastes@;after AThese wastes@ insert A, and soils contaminated with such wastes,@;after Athey are managing a waste@ insert Aor soil contaminated with a waste,@	
124,126,
137,151,
157, H167B	
268.7(a)(1)	

	

	
removed	
109,124,
137,151,
157	
268.7(a)(1)(i)-(v)	

	

	
removed 	
137,151	
268.7(a)(1)(vi)	

	

	
revise paragraph; if waste or contaminated soil does not meet treatment standard, one-time notice with initial shipment of waste to each treatment or storage facility receiving waste; the generator must place a copy in the file; notice must include information in 268.7(a)(2)  column of 268.7(a)(4) table; no further notice is necessary unless waste or facility change	
157, H167B	
268.7(a)(2)	

	

	
add new paragraph; for contaminated soil certification statement should be included, signed by an authorized representative; certification statement	
137,151, 157, H167B	
268.7(a)(2)(i)	

	

	
reserve new paragraph	
157, H167B	
268.7(a)(2)(ii)	

	

	
completely revise subparagraph; if waste or contaminated soil meets treatment standard at original point of generation	
157,  H167B	
268.7(a)(3) intro	

	

	
completely revise subparagraph; with initial shipment of waste, generator must send one-time written notice to each treatment/ storage/disposal facility receiving waste, and keep a copy in the file; notice must include information in the 268.7(a)(3) column of 268.7(a)(4) table; certification statement	
157	
268.7(a)(3)(i)	

	

	
completely revise subparagraph; for contaminated soil, with initial shipment of wastes generator must send notice & place copy in file; notice to include information in 268.7(a)(4) table	
137,151, 157,  H167B	
268.7(a)(3)(ii)	

	

H,	
add new paragraph; if waste changes, generator requirements; generators excluded under 261.3(f) are not subject	
183	
268.7(a)(3)(iii)	

	

	
removed	
109,137,
157	
268.7(a)(3)(iv)-(vii)	

	

	
insert new 268.7(a)(4) and redesignate old 268.7(a)(4) as 268.7(a)(5); completely revise subparagraph; certain exemptions from the requirement that hazardous wastes or contaminated soil meet treatment standards before land disposed include but are not limited to case-by-case extensions under 268.5, disposal in a no-migration unit under 268.6 or national capacity variance or case-by-case capacity variance under Subpart C; with initial shipment, generator must send one-time written notice to each land disposal facility for exempted waste; notice must include information in 268.7(a)(4) column of 268.7(a)(4) table; changed waste requires further notice	
157,  H167B	
268.7(a)(4)	

	

	
Generator Paper Requirements Table	
157, H167B, H179	
268.7(a)(4)/Table	

	

	
old 268.7(a))(4) is new 268.7(a)(5); add "and treating" after "managing"; remove ", and is treating such waste in such tank, containers or containment buildings"; replace "under subpart D of this part" with "found at 268.40"; replace "the generator" with "they" after "describes the procedures"; insert Aor contaminated soil@ after Aprohibited waste@ 	
109,157,  H167B	
268.7(a)(5) intro	

	

	
redesignate old 268.7(a)(4)(i) as 268.7(a)(5)(i); replace "Part" with "part" 	
157	
268.7(a)(5)(i)	

	

	
redesignate 268.7(a)(4)(ii) as 268.7(a)(5)(ii); completely revise subparagraph; plan must be kept on-site and available to inspectors	
157	
268.7(a)(5)(ii)	

	

	
redesignate old 268.7(a)(4)(iii) as 268.7(a)(5)(iii); replace "268.7(a)(2)" with 268.7(a)(3) 	
157	
268.7(a)(5)(iii)	

	

	
redesignate old 268.7(a)(5) as 268.7(a)(6); replace "whether the waste" with "that the waste or contaminated soil"; replace "described in Appendix I of this part" with wording referencing method 1311, SW-846 and 260.11 	
157,  H167B	
268.7(a)(6)	

	

	
redesignate old 268.7(a)(6) as 268.7(a)(7); insert parenthetic phrase addressing characteristic waste subject to CWA; replace Arestricted@ with Aprohibited@; after first occurrence of  Aor solid waste or@ replace Aexempt@ with Ais exempted@; delete comma after first occurrence of ASubtitle C regulation@ and after A261.4(a)(2)@; insert Athat@ after A261.4(a)(2) or@; insert A, or are managed in an underground injection well regulated by the SDWA@ after ACWA-equivalent,@; replace Astating@ with Adescribing@; insert Aon-site@ after Afacility=s@; change Afile@ to Afiles@ 	
137, 157, 167C	
268.7(a)(7)	

	

	
redesignate old 268.7(a)(7) as 268.7(a)(8); replace the two occurrences of "five years" with "three years" 	
137,157	
268.7(a)(8)	

	

H,
,	
redesignate old 268.7(a)(8) as 268.7(a)(9); completely revise subparagraph and place certification in new 268.7(a)(9)(i); if generator is managing lab packs containing hazardous waste and wishes to use alternative treatment  method in 268.42(c):	
137,157	
268.7(a)(9) intro	

	

H	
add new subparagraph; with initial shipment of waste, generator must submit notice with information in the 268.7(a)(9) column of the 268.7(a)(4) table; certification must be placed in files; replace old certification with new certification 	
157	
268.7(a)(9)(i)	

	

H	
add new subparagraph; no further notification is necessary until wastes or receiving facility change in which case new notice and certification must be sent and copy placed in files 	
157	
268.7(a)(9)(ii)	

	

H	
add new subparagraph; if lab pack contains characteristic hazardous wastes (D001-D043), underlying hazardous constituents need not be determined	
157	
268.7(a)(9)(iii)	

	

H	
add new subparagraph; generator must also comply with requirements in 268.7(a)(6) and (a)(7)	
157	
268.7(a)(9)(iv)	

	

	
insert "40 CFR" before "264.13" and "265.13"; insert "(for permitted TSDs)" after "264.13"; insert "(for interim status facilities)" after "265.13"	
157	
268.7(b) intro	

	

	
revise subparagraph; for wastes or contaminated soil with treatment standards expressed in waste extract, owner or operator must test extract of treatment residues using test method 1311 to assure that treatment residues extract meet applicable treatment standards; delete comma after Achapter)@	
157,  H167B	
268.7(b)(1)	

	

	
remove old 268.7(b)(2); redesignate old 268.7(b)(3) as 268.7(b)(2); remove "(268.43)"; replace "the treatment residues" with "they" after "to assure"; insert Aor contaminated soil@ after AFor wastes@ 	
157,  H167B	
268.7(b)(2)	

	

37	
redesignate old 268.7(b)(4) as 268.7(b)(3); completely revise paragraph; one-time notice must be sent with initial shipment of waste or contaminated soil to land disposal facility; copy of notice must be placed in facility's file 	
109,157,  H167B	
268.7(b)(3) intro	

	

37	
redesignate old 268.7(b)(4)(i)) as 268.7(b)(3)(i); completely revise subparagraph; no further notification is necessary until waste or receiving facility change in which case new notice must be sent and copy placed in facility's file 	
157	
268.7(b)(3)(i)	

	

37	
redesignate old 268.7(b)(4)(ii) as 268.7(b)(3)(ii); completely revise subparagraph; the one-time notice must include these requirements; remove old 268.7(b)(4)(iii) and (iv)	
124,137,
151,157, 167C, 179	
268.7(b)(3)(ii)	

	

37	
Treatment Facility Paperwork Requirements Table	
157, 167C	
268.7(b)(3)/Table	

	

37	
redesignate old 268.7(b)(5) as 268.7(b)(4); completely revise subparagraph;  treatment facility must submit a one-time certification signed by an authorized representative with initial shipment of waste or treatment residue of restricted waste to land disposal facility; certification; add new sentence & new certification statement after certification statement; a certification is also necessary for contaminated soil; certification statement 	
109,157,  H167B	
268.7(b)(4) intro	

	

37	
redesignate old 268.7(b)(5)(i) as 268.7(b)(4)(i); completely revise subparagraph; copy of the certification must be placed in treatment facility's on-site files; if waste or treatment residue changes, new notice must be sent and copy placed in files	
157	
268.7(b)(4)(i)	

	

37	
redesignate old 268.7(b)(5)(ii) as 268.7(b)(4)(ii); completely revise subparagraph; debris excluded from definition of hazardous waste in 261.3(e) is subject to notification and certification requirements of 268.7(d)	
157	
268.7(b)(4)(ii)	

	

37	
redesignate old 268.7(b)(5)(iii) as 268.7(b)(4)(iii); completely revise subparagraph; for wastes with organic constituents having treatment standards expressed as concentration levels, if compliance with treatment standards is based in whole or in part on analytical detection limit alternative specified in 268.40(d), certification, signed by authorized representative; certification statement	
157	
268.7(b)(4)(iii)	

	

37	
add 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	
167C, H179	
268.7(b)(4)(iv)	

	

37	
add 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	
167C	
268.7(b)(4)(v)	

	

37	
redesignate old 268.7(b)(6) as 268.7(b)(5); replace Atreatment or storage@ with Atreatment, storage, or disposal@; insert comma after second occurrence of Astorage@ 	
157, 167C	
268.7(b)(5)	

	

37,	
redesignate old 268.7(b)(7) as 268.7(b)(6); replace both references to A(b)(4)@ with A(b)(3)@; replace reference to A(b)(5)@ with A(b)(4)@	
157, 167C	
268.7(b)(6)	

	

	
delete ", and the certification specified in 268.8 if applicable."	
157	
268.7(c)(1)	

	

	
replace "method described in Appendix I of this part or using any method required by generators under 268.32 of this part" with the wording referencing method 1311 SW-846 and 260.11	
157	
268.7(c)(2)	

	

	
add new paragraph addressing the notification and certification requirements for generators or treaters who first claim that hazardous debris is excluded from the definition of hazardous waste under 261.3(e)	
109,137	
268.7(d)	

	

,	
add new subparagraph; one-time notification including specified information	
109,137	
268.7(d)(1)	

	

		
109	
268.7(d)(1)(i)	

	

			
268.7(d)(1)(ii)	

	

			
268.7(d)(1)(iii)	

	

	
add new subparagraph; when notification must be updated	
109	
268.7(d)(2)	

	

	
add new subparagraph; how the owner or operator must document and certify compliance with Table 1, 268.45 treatment standards	
109	
268.7(d)(3)	

	

			
268.7(d)(3)(i)	

	

			
268.7(d)(3)(ii)	

	

			
268.7(d)(3)(iii)	

	

H	
add paragraph; generators & treaters who receive a determination that contaminated soil subject to 268.49(a) no longer contains a listed hazardous waste and determine that contaminated soil no longer exhibits a characteristic of hazardous waste must:	
167B	
268.7(e) intro	

	

H	
add paragraph; prepare a one-time only documentation of determinations including supporting information and,	
167B	
268.7(e)(1)	

	

H	
add paragraph; maintain that information in the facility files & other records for a minimum 3 years	
167B	
268.7(e)(2)	

	

	
LANDFILL AND SURFACE IMPOUNDMENT DISPOSAL RESTRICTIONS	

removed and reserved	
151	
268.8	

	

	
SPECIAL RULES REGARDING WASTES THAT EXHIBIT A CHARACTERISTIC	

revise paragraph; initial generator of solid waste must determine each EPA Hazardous Waste Number in order to determine treatment standards under subpart D; for 268, waste will carry the waste code for any applicable listed waste; where waste exhibits characteristic, it will carry one or more of the characteristic waste codes, except when treatment standard  operates in lieu  of treatment standard for characteristic waste, as specified at 268.9(b); if generator determines that waste displays hazardous characteristic, generator must determine defined hazardous constituent except for certain D001 wastes	
124,137,
151,157	
268.9(a)	

	

, 	
revise paragraph after "no longer hazardous"; place one-time notification and certification in generator's/treater's files and send to EPA region or authorized State; when notification and certification must be updated; annual EPA/State notification if such changes occur, by December 31	
109,151	
268.9(d)	

	

41	
remove "The" at the beginning of the subparagraph; insert "RCRA" before "Subtitle D facility"; add "and" at the end of the subparagraph	
109,137,
151	
268.9(d)(1)(i)	

	

41,	
replace "Hazardous Waste Number(s)" with "hazardous waste code(s)"; replace "in D001 and D002 wastes prohibited under '268.37 or D0012-D0043 wastes under '268.38" with a phrase and sentence renaming listing requirement if all underlying hazardous constituents will be treated and monitored	
109,137,
151,157	
268.9(d)(1)(ii)	

	

	
remove 	
109,137	
268.9(d)(1)(iii)	

	

	
replace "268.7(b)(5)(1)" with "268.7(b)(5)"; replace reference to A'268.7(b)(5)@ with A'268.7(b)(4)@	
109, H179	
268.9(d)(2) intro	

	

	
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	
137, H179	
268.9(d)(2)(i)	

	

	
reserved	
137	
268.9(d)(2)(ii)	

	

	
SUBPART B - SCHEDULE FOR LAND DISPOSAL PROHIBITION AND ESTABLISHMENT OF TREATMENT STANDARDS	

SURFACE IMPOUNDMENT EXEMPTIONS	

defines additional circumstances in which prohibited waste may continue to be placed in a surface impoundment	
109	
268.14(a)	

	

	
continued storage of "newly identified waste" in newly regulated impoundment for 48 months after the promulgation of the additional listing or characteristic provided waste is not otherwise prohibited and impoundment is in compliance with 265, subpart F within 12 months after new listing/characteristic promulgation	
109	
268.14(b)	

	

	
continue treatment of "newly identified waste" in newly regulated impoundment, provided waste is not otherwise prohibited, and surface impoundment is in compliance with 265, Subpart F within 12 months after new listing/characteristic promulgation	
109	
268.14(c)	

	

	
SUBPART C - PROHIBITIONS ON LAND DISPOSAL	

WASTE SPECIFIC PROHIBITIONS -- WOOD PRESERVING WASTES	

completely revise paragraph; effective August 11, 1997, the following wastes are prohibited from land disposal:  F032, F034, F035	
157	
268.30(a)	

	

	
removed	
157	
268.30(a)(1)-(4)	

	

	
completely revise paragraph; effective May 12, 1999, soil and debris contaminated with F032, F034, F035 and radioactive wastes mixed with F032, F034, F035 are prohibited from land disposal	
157	
268.30(b)	

	

	
completely revise paragraph; between May 12, 1997 and May 12, 1999, soil and debris contaminated with F032, F034, F035 and radioactive waste mixed with F032, F034 and F035 may be disposed in a landfill or surface impoundment only if 268.5(h)(2) requirements are met	
157	
268.30(c)	

	

	
completely revise paragraph; requirements of 268.30 (a) and (b) do not apply if:	
157	
268.30(d) intro	

	

	
insert "applicable treatment" before "standards"; replace "of Subpart D" with "specified in Subpart D"; remove "or" at end of paragraph	
157	
268.30(d)(1)	

	

	
remove "or" at end of paragraph	
157	
268.30(d)(2)	

	

	
redesignate old 268.30(d)(3) as new 268.30(d)(4); add new 268.30(d)(3); the wastes meet the applicable alternate treatment standards established pursuant to a petition granted under '268.44	
157	
268.30(d)(3)	

	

47	
old 268.30(d)(3) is new 268.30(d)(4); persons have been granted an extension to effective date of prohibition pursuant to '268.5 with respect to wastes covered by the extension	
157	
268.30(d)(4)	

	

	
add new paragraph; to determine whether a  hazardous waste identified in 268.40 exceeds applicable treatment standards, initial generator must test a sample of waste extract or entire waste; if waste contains constituents in excess of  applicable treatment levels of 268.48, waste is prohibited from land disposal and all requirements of 268 are applicable unless otherwise specified	
157	
268.30(e)	

	

	
add new paragraph; effective December 26, 2000, the following wastes are prohibited from land disposal: soil exhibiting the toxicity characteristic solely because of metals (D004-D011) and containing PCBs	
157,H190	
268.32(a)	

	

	
requirements of 268.32(a) do not apply if:	
H190	
268.32(b) intro	

	

	
wastes contain halogenated organic compounds in total concentration less than 1,000 mg/kg; and	
H190	
268.32(b)(1)(i)	

	

	
wastes meet 268 subpart D treatment standards for D004-D011, as applicable; or	
H190	
268.32(b)(1)(ii)	

	

	
wastes contain halogenated organic compounds in total concentration less than 1,000 mg/kg; and	
H190	
268.32(b)(2)(i)	

	

	
wastes meet 268.49 alternative treatment standards for contaminated soil; or	
H190	
268.32(b)(2)(ii)	

	

	
persons have been granted an extension from prohibition pursuant to 268.6 with respect to wastes and units covered by petition; or	
H190	
268.32(b)(3)   	

	

	
wastes meet alternative treatment standards pursuant to 268.44 petition	
H190	
268.32(b)(4)   	

	

48,	
WASTE-SPECIFIC PROHIBITIONS - ORGANOBROMINE WASTES	

add new paragraph; effective May 8, 2001, wastes K174 and K175, soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal	
165,H185, 189	
268.33(a)	

	

	
add new paragraph; requirements of 268.33(a) do not apply if:	
189	
268.33(b) intro	

	

	
wastes meet treatment standards specified in 268 subpart D;	
189	
268.33(b)(1)	

	

	
exemption from a prohibition pursuant to petition granted under 268.6, with respect to wastes and units covered by the petition;	
189	
268.33(b)(2) 	

	

	
wastes meet treatment standards established pursuant to petition granted under 268.44;	
189	
268.33(b)(3) 	

	

	
hazardous debris has met treatment standards in 268.40 or alternative treatment standards in 268.45; or	
189	
268.33(b)(4)	

	

	
extension to effective date of prohibition granted pursuant to 268.5, with respect to wastes covered by extension	
189	
268.33(b)(5)	

	

	
add new paragraph; to determine if identified hazardous waste exceeds 268.40 treatment standards, initial generator must test waste, or use knowledge of waste; if waste contains regulated constituents in excess of 268 subpart D levels, waste is prohibited from land disposal, and all requirements of part 268 are applicable, except as otherwise specified	
189	
268.33(c)	

	

	
add new paragraph; disposal of K175 wastes  complying with 268.40 treatment standards must also be macroencapsulated in accordance with 268.45 Table 1 unless waste is placed in:	
189	
268.33(d) intro	

	

	
Subtitle C monofill containing only applicable K175 wastes that meet 268.40 treatment standards; or	
189	
268.33(d)(1)	

	

	
dedicated Subtitle C landfill cell in which other co-disposed wastes are at pH#6.0	
189	
268.33(d)(2)	

	

48,	
WASTE SPECIFIC PROHIBITIONS - TOXICITY CHARACTERISTIC METAL WASTES	

	
effective August 24, 1998, the specified wastes are prohibited from land disposal	
167A	
268.34(a)	

	

H,	
add new paragraph: effective November 26, 1998, slags from secondary lead smelting, which exhibit the Toxicity Characteristic due to one or more metals, are prohibited from land disposal	
172	
268.34(b)	

	

51	
effective May 26, 2000, the specified wastes are prohibited from land disposal	
167A, 172	
268.34(c)	

	

51	
between May 26, 1998 and May 26, 2000, newly identified characteristic wastes mixed with D004BD011 wastes, or mixed with newly identified characteristic mineral processing wastes, soil, or debris may be disposed in a landfill or surface impoundment if unit is in compliance with 268.5(h)(2)	
167A, 172	
268.34(d)	

	

51	
requirements of 268.34(a) & (b) do not apply if:	
167A, 172	
268.34(e) intro	

	

	
wastes meet applicable treatment standards specified in part 268, subpart D	
167A, 172	
268.34(e)(1)	

	

	
persons have been granted an exemption from prohibition pursuant to a petition under 268.6, with respect to wastes & units covered	
167A, 172	
268.34(e)(2)	

	

	
wastes meet applicable alternate treatment standards pursuant to a petition under 268.44; or	
167A, 172	
268.34(e)(3)	

	

	
persons have been granted an exemption to the effective date of a prohibition pursuant to 268.5, with respect to wastes covered by extension	
167A, 172	
268.34(e)(4)	

	

51	
to determine whether a hazardous waste exceeds treatment standards in 268.40, test the waste extract or entire waste, or use knowledge of the waste; if waste contains constituents in excess of applicable UTS levels of 268.48, waste is prohibited from land disposal and all requirements of 268 apply, except as specified	
167A, 172	
268.34(f)	

	

48	
WASTE SPECIFIC PROHIBITIONS - PETROLEUM REFINING WASTES	

	
add paragraph; effective February 8, 1999, wastes K169-K172, soils and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soils and debris contaminated with  radioactive wastes mixed with these wastes are prohibited from land disposal	
169	
268.35(a)	

	

	
add paragraph; requirements of 268.35(a) do not apply if:	
169	
268.35(b) intro	

	

	
wastes meet treatment standards specified in 268 subpart D;	
169	
268.35(b)(1)	

	

	
exemption from a prohibition pursuant to petition granted under 268.6, with respect to wastes and units covered by the petition;	
169	
268.35(b)(2)	

	

	
wastes meet treatment standards established pursuant to petition granted under 268.44;	
169	
268.35(b)(3)	

	

	
hazardous debris meeting treatment standards in 268.40 or alternative treatment standards in 268.45; or	
169	
268.35(b)(4)	

	

	
extension to effective date of prohibition granted pursuant to 268.5, with respect to wastes covered by extension	
169	
268.35(b)(5)	

	

	
add paragraph; to determine if hazardous wastes identified in 268.35 exceeds 268.40 treatment standards, initial generator must test waste, or use knowledge of waste; if waste contains constituents in excess of UTS levels of 268.48, waste is prohibited from land disposal, and all requirements of part 268 are applicable, except as otherwise specified	
169	
268.35(c)	

	

48	
WASTE SPECIFIC PROHIBITIONS - NEWLY LISTED WASTES	

effective May 20, 2002, wastes K176-K178, soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal	
109, 157, 195	
268.36(a)	

	

	
 requirements of 268.36(a) do not apply if:	
195	
268.36(b) intro	

	

	
wastes meet treatment standards specified in 268 subpart D;	
195	
268.36(b)(1)	

	

	
exemption from a prohibition pursuant to petition under 268.6, with respect to wastes and units covered by the petition;	
195	
268.36(b)(2)	

	

	
wastes meet treatment standards established pursuant to petition granted under 268.44;	
195	
268.36(b)(3)	

	

	
hazardous debris has met treatment standards in 268.40 or alternative treatment standards in 268.45; or	
195	
268.36(b)(4)	

	

	
extension to effective date of prohibition granted pursuant to 268.5, with respect to wastes covered by extension	
195	
268.36(b)(5)	

	

	
to determine if identified hazardous waste exceeds 268.40 treatment standards, initial generator must test waste, or use knowledge of waste; if waste contains regulated constituents in excess of 268 subpart D levels, waste is prohibited from land disposal, and all requirements of part 268 are applicable, except as otherwise specified	
195	
268.36(c)	

	

	
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	
124	
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	
124	
268.37(b)	

	

	
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	
137	
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	
137	
268.38(b)	

	

	
where 268.38(b) wastes may be disposed of between December 19, 1994 and September 19, 1996	
137	
268.38(c)	

	

	
when the requirements of 268.38(a), (b), and (c) do not apply:	
137	
268.38(d) intro	

	

	
wastes meet applicable Part 268, Subpart D treatment standards	
137	
268.38(d)(1)	

	

	
exemption pursuant to a 268.6 petition 	
137	
268.38(d)(2)	

	

	
wastes meet alternate treatment standards pursuant to 268.44	
137	
268.38(d)(3)	

	

	
granted an extension to the effective date of a prohibition pursuant to 268.5	
137	
268.38(d)(4)	

	

	
how to and who determines whether a hazardous waste identified in 268.38 exceeds applicable treatment standards specified in 268.40	
137	
268.38(e)	

	

	
WASTE SPECIFIC PROHIBITIONS--SPENT ALUMINUM POTLINERS; REACTIVE; AND CARBAMATE WASTES	

add paragraph; specified wastes and soil and debris contaminated with these wastes are prohibited from land disposal as of July 8, 1996	
151,H159	
268.39(a)	

	

	
add paragraph; as of July 8, 1996, D003 wastes are prohibited from land disposal; exceptions	
151	
268.39(b)	

	

	
add paragraph; K088 wastes and soil and debris contaminated with these wastes are prohibited from land disposal as of September 21, 1998 	
151,155, 160, 173	
268.39(c)	

	

	
add paragraph; radioactive wastes mixed with specified wastes and soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal as of April 8, 1998	
151,H159	
268.39(d)	

	

	
add paragraph; between July 8, 1996 and April 8, 1998, the wastes listed in 268.39(a), (c), and (d) may be disposed in a landfill or surface impoundment only if such unit complies with the requirements of 268.5(h)(2)	
151	
268.39(e)	

	

	
add paragraph; the requirements of 268.39(a)-(d) do not apply if:	
151	
268.39(f) intro	

	

	
the wastes meet the treatment standards specified in part 268 subpart D	
151	
268.39(f)(1)	

	

	
persons have been granted an exemption from a prohibition pursuant to a petition under 268.6, with respect to the wastes and units covered by the petition	
151	
268.39(f)(2)	

	

	
the wastes meet the applicable alternate treatment standards established pursuant to a petition granted under 268.44	
151	
268.39(f)(3)	

	

	
persons have been granted an extension to the effective date of a prohibition pursuant to 268.5, with respect to the wastes covered by the extension	
151	
268.39(f)(4)	

	

	
add paragraph; to determine whether a hazardous waste identified in 268.39 exceeds the applicable treatment standards specified in 268.40, the initial generator must test a sample of the waste extract, test the entire waste, or use knowledge of the waste; the waste is prohibited from land disposal, and part 268 requirements apply if the waste contains constituents exceeding part 268 subpart D levels, except as otherwise specified	
151	
268.39(g)	

	

	
SUBPART D - TREATMENT STANDARDS	

APPLICABILITY OF TREATMENT STANDARDS	

replace paragraph; when a prohibited waste identified in the table "Treatment Standards for Hazardous Wastes" may be land disposed	
126,137,
151	
268.40(a) intro	

	

	
add new subparagraph; 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")	
137	
268.40(a)(1)	

	

	
add new subparagraph; 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")	
137	
268.40(a)(2)	

	

	
add new subparagraph; 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	
137	
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	
109,124,137	
268.40(b)	

	

	
replace paragraph; treatment standards when wastes with differing treatment standards are combined	
137	
268.40(c)	

	

	
add new 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	
109,137	
268.40(d) intro	

	

	
add new subparagraph; 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	
137	
268.40(d)(1)	

	

	
add new subparagraph; use of methods  referenced in 268.40(d)(1) to treat organic constituents	
137	
268.40(d)(2)	

	

	
add new subparagraph; 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	
137	
268.40(d)(3)	

	

,	
add new paragraph; for characteristic wastes with treatment standards in the "Treatment Standards for Hazardous Wastes" Table, all underlying hazardous constituents must meet Universal Treatment Standards	
137,151, 167A, 167C	
268.40(e)	

	

	
add 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	
137	
268.40(f)	

	

	
add paragraph; between August 26, 1998 and March 4, 1999, the treatment standards for listed carbamate wastes and soil contaminated with those wastes may be satisfied by either meeting the constituent concentrations in 268.40 table Treatment Standards for Hazardous Wastes: or by treating the waste using specified technologies	
151, 161, 171	
268.40(g)	

	

	
add paragraph; prohibited D004BD011 mixed radioactive wastes & mixed radioactive listed wastes containing metals, previously treated & put into storage, do not have to be retreated prior to land disposal	
167A	
268.40(h)	

	

	
remove and reserve paragraph	
H 170, H179, 200	
268.40(i)	

	

	
 replace old 268.40(j) with new paragraph; effective September 4, 1998, treatment standards for certain AP@ and AU@ wastes specified in 261.33 may be satisfied by either meeting constituent concentrations in ATreatment Standards for Hazardous Wastes@ table, or by treating the waste by technologies specified	
171, H179, 183	
268.40(j)	

	

59,, ,, , ,,
,	
add table, "Treatment Standards for Hazardous Waste"	
137,151,
157,H159, 165,167A, 167C,169, 171,173, 179,183,
H185,189, 195, H201	
268.40/Table	

	

57	
TREATMENT STANDARDS EXPRESSED AS CONCENTRATIONS IN WASTE EXTRACT	

replace paragraph; refer to 268.40 for requirements previously found in this section and for treatment standards in Table CCWE	
126,137	
268.41	

	

	
removed	
109,137	
268.41(a)-(c)	

	

68	
removed	
109,124,136,137	
268.41(a)/Table CCWE	

	

57	
TREATMENT STANDARDS EXPRESSED AS SPECIFIED TECHNOLOGIES	

add note; refer to 268.40 for requirements previously found in 268.42 Table 2 and Table 3	
137	
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,"; remove Aparagraphs (a)(1) and (a)(2) of this section and in@; replace Ain paragraphs (a)(1) and (a)(2) and Table 1 of this section@ with Ain the table entitled ATechnology... Standards@ in this section@	
137, 167C	
268.42(a)	

	

	
remove	
137, 167C	
268.42(a)(1)B(a)(3)	

	

	
insert entry for "CMBST" in alphabetical order, as shown at 60 FR 302 (January 3, 1995); revise description of technology based standards for CMBST; add entry for "POLYM" as  per 62 FR 26025	
137,151,
157	
268.42(a)/Table 1	

	

	
removed	
109,124,
137	
268.42(a)/Table 2	

	

70	
removed	
137	
268.42(a)/Table 3	

	

	
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Guidance note:  268.42(b) is NOT DELEGABLE.  States should see pre-note 1 under Non-Delegable Provisions at the beginning of this checklist regarding how to incorporate this section into their code.	

replace "achievable" with "achieved"; after the first occurrence of "(a), (c) and (d) of this section" add "for wastes or specified in Table 1 of ' 268.45 for hazardous debris"; after the second occurrence of "(a), (c) and (d) of this section" add "for wastes or in Table 1 of ' 268.45 for hazardous debris"	
109	
268.42(b)	

	

	
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*******************************************************************************************	

H,35	
ALTERNATE TREATMENT STANDARDS FOR LAB PACKS	

replace paragraph; lab pack does not contain any Part 268, Appendix IV wastes	
137	
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	
109,137	
268.42(d)	

	

57	
TREATMENT STANDARDS EXPRESSED AS WASTE CONCENTRATIONS	

replace entire section with a paragraph referring to 268.40 for requirements previously found in this section and for treatment standards in Table CCW	
137	
268.43	

	

	
removed	
137	
268.43(a)-(c)(3)	

	

71	
removed	
109,124,137	
268.43(a)/Table CCW	

	

	
VARIANCE FROM A TREATMENT STANDARD	

*******************************************************************************************	

Guidance Note: 40 CFR 268.44(a)-(g) are not delegable because the variance addressed by these provisions could result in nationally-applicable standards for a new waste treatability group.  States who have correctly adopted these provisions with the authority remaining with EPA are strongly encouraged to make the optional revisions to 40 CFR 268.44(a) addressed by Revision Checklist 162.	

H	
completely revise paragraph; based on petition, Administrator may approve a variance from applicable treatment standard if:	
162	
268.44(a) intro	

	

H	
it is not physically possible to treat waste to level specified in or by method specified as the treatment standard; petitioner must demonstrate that physical/chemical properties of waste differ significantly from waste analyzed in developing treatment standard; or	
162	
268.44(a)(1)	

	

H	
it is inappropriate to require waste to be treated to level specified or by method specified, even though such treatment is technically possible; petitioner must demonstrate that:	
162	
268.44(a)(2) intro	

	

H	
treatment to specified level or by specified method is technically inappropriate; or	
162	
268.44(a)(2)(i)	

	

H	
for remediation waste only, treatment is environmentally inappropriate because it would discourage aggressive remediation	
162	
268.44(a)(2)(ii)	

	

	
*******************************************************************************************
******************************************************************************************	

H	
completely revise paragraph; based on petition, Administrator or delegated representative may approve a site-specific variance from an applicable treatment standard if:	
162	
268.44(h) intro	

	

H	
it is not physically possible to treat waste to level specified in or by method specified as the treatment standard; petitioner must demonstrate that physical/chemical properties of waste differ significantly from waste analyzed in developing treatment standard; or	
162	
268.44(h)(1)	

	

H	
it is inappropriate to require waste to be treated to level specified or by method specified, even though such treatment is technically possible; petitioner must demonstrate that:	
162	
268.44(h)(2) intro	

	

H	
treatment to specified level or by specified method is technically inappropriate; or	
162	
268.44(h)(2)(i)	

	

H	
 for remediation waste only, treatment is environmentally inappropriate because it would discourage aggressive remediation	
162	
268.44(h)(2)(ii)	

	

, H	
add paragraph; for contaminated soil only, treatment would result in hazardous constituent concentrations below that necessary to minimize threats to human health and environment; treatment variances must:	
167B	
268.44(h)(3) intro	

	

H	
at a minimum, impose alternative land disposal restriction treatment standards that, using a reasonable maximum exposure scenario, meet the listed specifications	
167B	
268.44(h)(3)(i) intro	

	

		
167B	
268.44(h)(3)(i)(A)	

	

		
167B	
268.44(h)(3)(i)(B)	

	

H	
not consider post-land-disposal controls	
167B	
268.44(h)(3)(ii)	

	

H	
for contaminated soil only, treatment would result in hazardous constituent concentrations below natural background concentrations at the site of land disposal	
167B	
268.44(h)(4)	

	

73, H	
public notice and opportunity for comment must be provided before granting or denying petition	
162, 167B	
268.44(h)(5)	

	

H	
add paragraph; for all variances, petitioner must demonstrate that compliance with treatment variance is sufficient to minimize threats to human health and environment; in evaluating demonstration, EPA may take into account whether a treatment variance should be approved if the waste is to be used in manner constituting disposal under 40 CFR 266.20 through 266.23	
162	
268.44(m)	

	

	
revise paragraph; the following facilities are excluded from the treatment standards under '268.40 and are subject to the following constituent concentrations:	
157	
268.44(o)	

	

	
revise title of table to read "Table--Wastes Excluded from the Treatment Standards Under '268.40"	
157	
268.44(o)/Table 1	

	

, H	
remove	
162	
268.44(p)	

	

	
TREATMENT STANDARDS FOR HAZARDOUS DEBRIS	

treatment of hazardous debris prior to land disposal as specified unless EPA determines under 261.3(f)(2) that debris is no longer contaminated with hazardous waste	
109, 167C	
268.45(a) intro	

	

	
general; treatment for each 268.45(b) contaminant subject to treatment in accordance with 268.45, Table 1	
109	
268.45(a)(1)	

	

	
characteristic debris; deactivation as specified in 268.45, Table 1	
109	
268.45(a)(2)	

	

	
mixtures of debris types; standards for each debris type must be achieved; if applicable, immobilization must be used last	
109	
268.45(a)(3)	

	

	
mixtures of 268.45(b) contaminant types; 268.45, Table 1 treatment for each contaminant must be used; if applicable, immobilization must be used last	
109	
268.45(a)(4)	

	

	
waste PCBs; hazardous debris subject to both 40 CFR 761 and 268.45 must meet more stringent requirements	
109	
268.45(a)(5)	

	

	
hazardous debris treated for each "contaminant subject to treatment," determined as follows:	
109	
268.45(b) intro	

	

	
toxicity characteristic debris; those EP constituents for which debris exhibits a toxicity characteristic	
109	
268.45(b)(1)	

	

	
debris contaminated with listed waste; constituents  or wastes for which treatment standards are established for the waste under '268.40	
109,137	
268.45(b)(2)	

	

	
cyanide reactive debris; reactive because of cyanide must be treated for cyanide	
109	
268.45(b)(3)	

	

	
when hazardous debris that has been treated is not considered a hazardous waste; hazardous debris contaminated with a listed waste that is treated by a Table 1 immobilization technology must be managed in a Subtitle C facility	
109	
268.45(c)	

	

	
general requirements for treatment residues:	
109	
268.45(d)(1) intro	

	

	
separate residue from debris by simple physical or mechanical means;	
109	
268.45(d)(1)(i)	

	

	
residue is subject to 268 Subpart D waste-specific treatment standards	
109	
268.45(d)(1)(ii)	

	

	
residue from nontoxic debris, as specified, must be deactivated; not subject to 268 Subpart D waste-specific treatment standards	
109	
268.45(d)(2)	

	

	
residue from cyanide-reactive debris must meet the treatment standards for D003 in 268.40 table	
109, 167C	
268.45(d)(3)	

	

	
ignitable nonwastewater residue, as specified, must meet technology specified in treatment standard for D001: Ignitable Liquids	
109, 167C	
268.45(d)(4)	

	

	
layers of debris removed by spalling remain subject to 268.45 treatment standards	
109	
268.45(d)(5)	

	

	
alternative treatment standards for hazardous debris	
109	
268.45/Table 1	

	

	
ALTERNATIVE TREATMENT STANDARDS BASED ON HTMR	

add paragraph referring to 268.40 for treatment standards previously found in this section	
109,137	
268.46	

	

	
removed	
109,137	
268.46/Table 1	

	

	
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; 	
137	
268.48(a)	

	

59, , ,	
replace existing table with the table found at 63 FR 28739-28750 (May 26, 1998); remove entries for A2213; Bendiocarb phenol; Diethylene glycol, dicarbamate; Dimetilan; Formparanate; Isolan; o-Phenylenediamine; and Tirpate; add Footnote 6 and indicate with listed chemical names; remove 2,4,6-Tribromophenol entry; add subgroup AOrganic Constituents@ in alphabetical order as shown at 65 FR 67131 (November 8, 2000); add reference to new footnote ?8@ to ATotal PCBs (sum of all PCB isomers, or all Aroclors)@ entry; add new footnote ?8@ as shown at 65 FR 81381 (December 26, 2000)	
137,151, 161, 165, 167A, 167C, 171,179,
H185,189,
H190	
268.48(a)/Table UTS	

	

	
ALTERNATIVE LDR TREATMENT STANDARDS FOR CONTAMINATED SOIL	

H	
applicability; LDRs must be complied with prior to placing contaminated soil into a land disposal unit; chart describes whether compliance with LDRs is necessary prior to placing contaminated soil into a land disposal unit; add table as shown at 63 FR 28751(May 26, 1998)	
167B	
268.49(a)	

	

H	
prior to land disposal, contaminated soil identified by 268.49(a) must be treated according to 268.49(c) or 268.48 UTS applicable to contaminating waste and/or applicable characteristic; 268.49(c) treatment standards and the UTS may be modified through a variance approved under 268.44	
167B	
268.49(b)	

	

H	
treatment standards for contaminated soils; prior to land disposal, contaminated soil identified by 268.49(a) as needing to comply with LDRs must be treated according to 268.49(c)(1)-(3) or 268.48 UTS	
167B	
268.49(c) intro	

	

H	
all soils; prior to land disposal, all constituents subject to treatment must be treated according to standards specified 	
167B	
268.49(c)
(1) intro	

	

		
167B,183	
268.49(c)(1)(A)	

	

		
167B,183	
268.49(c)(1)(B)	

	

		
167B	
268.49(c)(1)(C)	

	

H	
soils that exhibit characteristic of ignitability, corrosivity or reactivity; in addition to treatment required by 268.49(c)(1), prior to land disposal soils that exhibit a characteristic must be treated to eliminate characteristic	
167B	
268.49(c)(2)	

	

H	
soils that contain nonanalyzable constituents; in addition to requirements of 268.49(c)(1)&(2), prior to land disposal specified treatment is required	
167B	
268.49(c)(3) intro	

	

		
167B, H179	
268.49(c)(3)(A)	

	

		
167B, H179	
268.49(c)(3)(B)	

	

H	
constituents subject to treatment; when applying soil treatment standards in 268.49(c), constituents subject to treatment are any listed in 268.48, Table UTS that are reasonably expected to be present, with exceptions, and are present at greater than 10 times the UTS; replace A40 CFR@ with A'@; remove comma after A268.48"; replace Aand@ with a comma after Avanadium@; insert Athat@ after Azinc, and@; at end of paragraph insert new sentence: PCBs are not a constituent subject to treatment in soil which exhibits the toxicity characteristic solely because of metals	
167B,H190	
268.49(d)	

	

H	
management of treatment residuals; treatment residuals from treating contaminated soil identified by 268.49(a) must be managed as follows:	
167B	
268.49(e) intro	

	

H	
soil residuals are subject to treatment standards of 268.49	
	
268.49(e)(1)	

	

H	
non-soil residuals are subject to the standards specified	
167B	
268.49(e)(2) intro	

	

		
167B	
268.49(e)(2)(A)	

	

		
167B	
268.49(e)(2)(B)	

	

	
SUBPART E - PROHIBITIONS ON STORAGE	

PROHIBITIONS ON STORAGE OF RESTRICTED WASTES	

replace "tanks or containers" with "tanks, containers, or containment buildings"; insert "and parts 264 and 265" after "262.34"; remove sentences in parentheses	
109	
268.50(a)(1)	

	

	
replace "tanks or containers" with "tanks, containers, or containment buildings"	
109	
268.50(a)(2)	

	

	
APPENDIX I TO PART 268	

removed and reserved	
126,157	
Appendix I	

	

	
APPENDIX II TO PART 268	

removed and reserved	
109,157	
Appendix II	

	

	
APPENDIX III TO PART 268	

,	
add new appendix: AList of Halogenated Organic Compounds Regulated Under ' 268.32"	
157,H190	
Appendix III	

	

	
APPENDIX IV TO PART 268	

H,35	
WASTES EXCLUDED FROM LAB PACKS UNDER THE ALTERNATIVE TREATMENT STANDARDS OF 268.42(c)	

revise appendix, replacing the old list of hazardous waste codes with 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)	
137	
Appendix IV	

	

	
APPENDIX V TO PART 268	

H,35	
ORGANIC LAB PACKS	

removed and reserved	
137	
Appendix V	

	

	
APPENDIX VI TO PART 268	

RECOMMENDED TECHNOLOGIES TO ACHIEVE DEACTIVATION OF CHARACTERISTICS IN SECTION 268.42	

revise introduction to appendix; treatment standard for many characteristic wastes is stated in 268.40; characteristic wastes that are not managed in a facility must be treated not only by "deactivating" but also to achieve UTS for underlying constituents; the appendix presents a partial list that may help meet treatment standards; use of these treatment standards is not mandatory	
157	
Appendix VI	

	

	
APPENDIX VII TO PART 268	

EFFECTIVE DATES OF SURFACE DISPOSED PROHIBITED HAZARDOUS WASTES	

revise table 1 as shown in 62 FR 26025-26037; remove entries for waste code F033; revise second entry for F032, second entry for F034, first entry for K088, entries for D003BD011; add two entries for F035 ; revise Table 1 by adding an entry for U048 as shown at 66 FR 27297	
157, 167C,187; 192B	
Appendix VII, 
Table 1	

	

	
revise table 2 as shown in 62 FR 26037; revise entry number 9 and add entries 12 and 13	
157, 167C	
Appendix VII,
 Table 2	

	

	
APPENDIX VIII TO PART 268	

NATIONAL CAPACITY LDR VARIANCES FOR UIC WASTES	

revise table as shown in 62 FR 26037-26039; revise title; add in alphanumeric order the entry for ANA@	
157, 167C	
Appendix VIII	

	

	
APPENDIX IX TO PART 268	

EXTRACTION PROCEDURE (EP) TOXICITY TEST METHOD AND STRUCTURAL INTEGRITY TEST (METHOD 1310)	

1	
replace EP Toxicity Test method with note regarding EP in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods"	
126	
Appendix IX	

	

	
APPENDIX X TO PART 268	

RECORDKEEPING, NOTIFICATION, AND/OR CERTIFICATION REQUIREMENTS	

removed and reserved	
137,157	
Appendix X	

	

	
APPENDIX XI TO PART 268	

add new appendix: "Metal Bearing Wastes Prohibited From Dilution in a Combustion Unit According to 40 CFR 268.3(c)"	
151	
Appendix XI	

	

	
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:
THE HAZARDOUS WASTE PERMIT PROGRAM	

SUBPART B - PERMIT APPLICATION	

CONTENTS OF PART A OF THE PERMIT APPLICATION	

add new paragraph; description of debris category(ies) and contaminant category(ies) to be treated, stored or disposed of at facility	
109	
270.13(n)	

	

	
CONTENTS OF PART B:  GENERAL REQUIREMENTS	

insert "and hazardous debris" after "hazardous waste"; insert "of this chapter" after "part 264"	
109	
270.14(b)(2)	

	

	
SUBPART D - CHANGES TO PERMIT	

PERMIT MODIFICATION AT THE REQUEST OF THE PERMITTEE	

replace "of restricted wastes" with ", or in containment buildings"	
109	
270.42(e)(3)(ii)(B)	

	

	
APPENDIX I TO SECTION 270.42	

CLASSIFICATION OF PERMIT MODIFICATION	

remove second occurrence of B(1)(b)	
124	
270.42 Appendix I, B(1)(b)	

	

	
redesignate old B(1)(c) as B(1)(d), old B(1)(b) becomes B(1)(c); add new item involving underlying hazardous constituents in ignitable or corrosive wastes	
124	
270.42 Appendix I, B(1)(c)	

	

	
old B(1)(c) becomes B(1)(d)	
124	
270.42 Appendix I, B(1)(d)	

	

	
add entry 6 to section I	
109	
270.42 Appendix I, I(6)	

	

	
add new section M	
109	
270.42 Appendix I, M	

	

	
SUBPART G - INTERIM STATUS	

CHANGES DURING INTERIM STATUS	

remove "or" before "containers" and insert "or containment buildings" after "containers"; in two places, insert "of this chapter" after "Part 268"	
109	
270.72(b)(6)	

	

H	Optional.
HH	Conditionally Optional