RCRA REVISION CHECKLIST 167 A

Land Disposal Restrictions Phase IV –
Treatment Standards for Metal Wastes
and Mineral Processing Wastes
63 FR 28556-28753
May 26, 1998
(RCRA Cluster VIII, HSWA provisions)

Notes: 1)  This rule makes changes to 40 CFR Part 148, addressing Land Disposal Restrictions for Underground Injection Programs relative to mineral processing wastes.  These changes are outside the Subtitle C program and are not addressed by this Revision Checklist.

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these organobromine production wastes and in turn, the May 4, 1998; June 29, 1998; and August 10, 1998 rules have been withdrawn.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

	FEDERAL REQUIREMENTS	FEDERAL RCRA CITATION	ANALOGOUS STATE CITATION	STATE ANALOG IS:				
				EQUIV-ALENT	LESS
STRIN-
GENT	MORE STRIN-GENT	BROADER IN SCOPE	
	PART 268 - LAND DISPOSAL RESTRICTIONS							
	SUBPART A - GENERAL							
	DEFINITIONS APPLICABLE IN THIS PART							
	insert “selenium, sulfides,” after “except fluoride,”; delete comma after “hazardous waste”	268.2(i)						
	DILUTION PROHIBITED AS A SUBSTITUTE FOR TREATMENT							
	add new 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 	268.3(d)						

	SUBPART C - PROHIBITIONS ON LAND DISPOSAL							
	WASTE SPECIFIC PROHIBITIONS - TOXICITY CHARACTERISTIC METAL WASTES							
	effective August 24, 1998, the specified wastes are prohibited from land disposal	268.34(a)						
	effective May 26, 2000, the specified wastes are prohibited from land disposal	268.34(b)						
	between May 26, 1998 and May 26, 2000, newly identified characteristic wastes mixed with D004–D011 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)	268.34(c)						
	requirements of 268.34(a) & (b) do not apply if:	268.34(d) intro						
	wastes meet applicable treatment standards specified in part 268, subpart D	268.34(d)(1)						
	persons have been granted an exemption from prohibition pursuant to a petition under 268.6, with respect to wastes & units covered	268.34(d)(2)						
	wastes meet applicable alternate treatment standards pursuant to a petition under 268.44; or	268.34(d)(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	268.34(d)(4)						
	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	268.34(e)						
	SUBPART D - TREATMENT STANDARDS							
	APPLICABILITY OF TREATMENT STANDARDS							
	replace “(D001–D003, and D012–D043)” with “(D001–D043)”; insert “and are not managed in a wastewater treatment system...injection well,” after “Hazardous Wastes,”; replace “‘Table UTS,’” with “Table Universal Treatment Standards,”	268.40(e)						
	add new paragraph; prohibited D004–D011 mixed radioactive wastes & mixed radioactive listed wastes containing metals, previously treated & put into storage, do not have to be retreated prior to land disposal	268.40(h)						
, 	replace existing table with the table found at 63 FR 28643-28738 (May 26, 1998)	268.40/Table “Treatment Standards for Hazardous Wastes”						
	UNIVERSAL TREATMENT STANDARDS							
	Note:  The revised numerical Universal Treatment Standards (UTS) for metal constituents Barium, Lead, Selenium, Beryllium, Nickel, Thallium, and Vanadium are less stringent (†) than existing standards and are  optional for State adoption.  The revised UTS for Cadmium, Chromium, Silver, Antimony and Zinc are more stringent.  The UTS for Mercury is printed in the rule because of the ongoing discussion regarding changing the standards; however, at this time the UTS for Mercury remains unchanged.							
	replace existing table with the table found at 63 FR 28739-28750 (May 26, 1998)	268.48(a)/Table UTS