RCRA REVISION CHECKLIST 123

Land Disposal Restrictions;
Renewal of the Hazardous Waste Debris Case-by-Case Capacity Variance
58 FR 28506-28511
May 14, 1993
(RCRA Cluster III, HSWA provisions)

1	abNotes:  )  This is the fifth rule addressing hazardous debris and soil contaminants with Third Third wastes.  Revision Checklist 78 (55 FR 22520; June 1, 1990) established a national capacity variance for certain hazardous waste soil and debris at 268.35.  Revision Checklist 83 (56 FR 3864; January 31, 1991) amended 268.35(d) to also address mixed radioactive hazardous waste and amended 268.35(e) to address additional wastes.  Revision Checklist 103 (57 FR 20766; May 15, 1992) established a case-by-case extension, until May 8, 1993, for contaminated debris only.  Revision Checklist 116 (57 FR 47772; October 20, 1992) clarified that the case-by-case extension applied to mixed radioactive hazardous waste.  This current rule extends, until May 8, 1994, the case-by-case extension for hazardous debris promulgated by the October 20, 1992 final rule.  It also clarifies the extension by addressing mixed radioactive hazardous waste debris separately from other debris.  The case-by-case extension for hazardous soil retains the May 8, 1993 deadline as specified in the October 20, 1992 rule, but is also clarified.  States that have already adopted any of the previous rules addressing hazardous debris and soil should adopt this rule as soon as possible.  States that have not adopted Third Third regulations should adopt this rule when adopting the other Third Third rules.

2	ab)  Although reprinted in the final rule addressed by this checklist, the 268.35(e) introduction did not change and was not included on this checklist.

	FEDERAL REQUIREMENTS	FEDERAL RCRA CITATION	ANALOGOUS STATE CITATION	STATE ANALOG IS:				
				EQUIV-ALENT	LESS
STRIN-
GENT	MORE STRIN-GENT	BROADER IN SCOPE	
	PART 268 - LAND DISPOSAL RESTRICTIONS							
	SUBPART C - PROHIBITIONS ON LAND DISPOSAL							
	WASTE SPECIFIC PROHIBITIONS--THIRD THIRD WASTES							
	change "1993" to "1994"; delete "268.10, 268.11, and"; in two places, delete parenthetical phrase regarding mixed radioactive hazardous wastes; add "are" after "treatment standards"	268.35(e)(1)						
	redesignate old 268.35(e)(2) text as 268.35(e)(4); add new paragraph; effective May 8, 1994, mixed radioactive hazardous debris contaminated with 268.12 wastes and mixed radioactive hazardous debris contaminated with any characteristic waste for which Subpart D treatment standards are established are prohibited from land disposal	268.35(e)(2)						
	add new paragraph; 268.35(e)(1)&(2) do not apply where generator has failed to make good-faith effort to locate suitable treatment capacity, has not utilized such capacity as it has found to be available, or has failed to file a report under 268.5(g), by August 12, 1993 or within 90 days after hazardous waste is generated, describing generator's efforts to locate treatment capacity; where 268.35(e)(1)&(2) do not apply, all wastes described in 268.35(e)(1)&(2) are prohibited from land disposal effective May 8, 1993	268.35(e)(3)						
	old 268.35(e)(2) text redesignated as 268.35(e)(4); after "hazardous soil" insert "contaminated with wastes specified in this section"	268.35(e)(4)						
	add new paragraph; when used in 268.35(e)(1)&(2), debris defined as:	268.35(e)(5)						
	as defined in 268.2(g)	268.35(e)(5)(i)						
	nonfriable inorganic solids that are incapable of passing through a 9.5 mm standard sieve that require cutting, or crushing and grinding in mechanical sizing equipment prior to stabilization, limited to the inorganic or metal materials specified in 268.35(e)(5)(ii)(A)-(H)	268.35(e)(5)(ii)						
		268.35(e)(5)(ii)(A)						
		268.35(e)(5)(ii)(B)						
		268.35(e)(5)(ii)(C)						
		268.35(e)(5)(ii)(D)						
		268.35(e)(5)(ii)(E)						
		268.35(e)(5)(ii)(F)						
		268.35(e)(5)(ii)(G)						
		268.35(e)(5)(ii)(H)