RCRA REVISION CHECKLIST 34

Land Disposal Restrictions
51 FR 40572-40654
November 7, 1986
as amended on June 4, 1987, at 52 FR 21010-21018
(HSWA Cluster I)

Notes:   1)  The following Part 268 sections are not delegable to States because of the national concerns which must be considered when decisions are made relative to them: 268.5 (case-by-case effective date extensions); 268.42(b) (application for an alternate treatment method); and 268.44 (variance from a treatment standard).  The preamble (51 FR 40618) to the November 7, 1986 rule (the first LDR rule), addressed by this present checklist, clearly states that 268.5 is not delegable.  The second LDR rule, called the California List Waste Rule (52 FR 25760, July 8, 1987; Revision Checklist 39), clarified that 268.42(b) and 268.44 are nondelegable.  It also clarified the delegability of 268.6.  "No migration" petitions under 268.6 will be handled by EPA, even though States may be authorized to grant these petitions in the future.  States have the authority to grant such petitions under RCRA Section 3006 because such decisions do not require a national perspective as is the case for decisions under 268.5, 268.42(b), or 268.44.  However, EPA has had few opportunities to implement the land disposal restrictions and expects to gain valuable experience and information from reviewing "no-migration" petitions.

2)  In the past, the nondelegable sections/paragraphs of the LDR regulations have been omitted from the LDR checklists because States could not assume the authority for them.  However, this procedure has led to confusion among the States on how to handle the sections/paragraphs in their code.  For this reason, the Agency has decided to include these nondelegable sections on the LDR checklists.  To differentiate these sections from the delegable portions of the LDR restrictions, asterisks precede (a single row) and follow (a double row) each non-delegable section.  If States have already filled out a version of Revision Checklist 34 which does not include the nondelegable sections, they need not fill out a revised version containing these sections.  This change in format was made only to improve clarity.

The Agency suggests that States incorporate the nondelegable portions of the LDR regulation into their regulations because this incorporation aids the regulated community in knowing that the extensions, exemptions and variances addressed by the nondelegable sections of code are available to them.  It is essential, however, that States leave the terms "Administrator", "Federal Register" and "Agency" unchanged, i.e., States may not substitute analogous State terms for these Federal terms.  Similarly, States incorporating by reference must be careful to exclude these sections from blanket substitutions of State terms for Federal terms.  For a more complete discussion of issues surrounding nondelagable sections, see Appendix J of the State Authorization Manual (SAM).

3)  Note that while 268.40 is delegable to States, "Administrator" in the following phrase "Approved by the Administrator under the procedures set for this in 268.42(b)" should not be replaced with an analogous State term because it is referring to decisions under 268.42(b).  Such decisions will be made by the EPA Administrator.

4) Revision Checklist 50 (53 FR 31138, August 17, 1988) amends certain sections of code addressed by Revision Checklist 34, but does not affect the delegability outlined in the previous 
note.  Other related checklists include Revision Checklist 62 (54 FR 18836, May 2, 1989), Revision Checklist 63 (54 FR 26594, June 23, 1989), Revision Checklist 66 (54 FR 36967, September 6, 1989), Revision Checklist 78 (55 FR 22520, June 1, 1990), and Revision Checklist 83 (56 FR 3864).
	
				STATE ANALOG IS:	
		     ANALOGOUS	  EQUIV-	   MORE	BROADER
   FEDERAL REQUIREMENT     | 	FEDERAL RCRA CITATION    |	   STATE CITATION	| ALENT  |	STRINGENT |	IN SCOPE	

PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM:  GENERAL

SUBPART A - GENERAL

PURPOSE, SCOPE, AND APPLICABILITY	 
insert
"and 268"	260.1(a)	
insert
"and 268"	260.1(b)(1)	
insert
"and 268"	260.1(b)(2)	
insert
"and 268"	260.1(b)(3)	
insert
"and 268"	260.1(b)(4)	

AVAILABILITY OF INFORMATION; CONFIDENTIALITY OF INFORMATION	 
insert
"and 268"	260.2(a)	
insert
"and 268"	260.2(b)	

USE OF NUMBER AND GENDER	 
insert
"and 268"	260.3	

SUBPART B - DEFINITIONS

DEFINITIONS	 
insert
"and 268"	260.10	

SUBPART C - RULEMAKING PETITIONS

GENERAL	 
	†	insert
"and 268"	260.20(a)	

PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A - GENERAL

PURPOSE AND SCOPE	 

insert "268,"	261.1(a)	

insert ", 268"	261.1(a)(1)	

EXCLUSIONS	 

insert "268,"	261.4(c)	
remove "267"
insert "268"	261.4(d)(1)	

SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY
CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS	 
insert
", 268,"	261.5(b)	
insert
", 268,"	261.5(c)	
insert
", 268,"	261.5(e)	
insert
", 268,"	261.5(f)(2)	
insert
", 268,"	261.5(g)(2)	

REQUIREMENTS FOR RECYCLABLE MATERIALS	 
insert
"268,"	261.6(a)(3)	
insert
"268,"	261.6(c)(1)	

RESIDUES OF HAZARDOUS WASTE IN EMPTY CONTAINERS	 
insert
"268,"	261.7(a)(1)(ii)	
insert
"268,"	261.7(a)(2)(ii)	
SUBPART C - CHARACTERISTICS OF HAZARDOUS WASTE

GENERAL	 
insert
"268,"	261.20(b)	

SUBPART D - LISTS OF HAZARDOUS WASTES

GENERAL	 
insert
"268,"	261.30(c)	

PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

SUBPART A - GENERAL

HAZARDOUS WASTE DETERMINATION	 
reference to
exclusions/
restrictions	262.11(d)	

PART 263 - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE

SUBPART A - GENERAL

TRANSFER FACILITY REQUIREMENTS	 
insert
", 268"	263.12	

PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE AND DISPOSAL FACILITIES

SUBPART A - GENERAL

PURPOSE, SCOPE AND APPLICABILITY	 
1		facilities to which
Part 264 applies	264.1(h)	
SUBPART B - GENERAL FACILITY STANDARDS

GENERAL WASTE ANALYSIS	 
		insert
"Part 268"	264.13(a)(1)	
insert
"268.7"	264.13(b)(6)	
exempted surface
impoundment plan
specifications	264.13(b)(7)	

SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING

OPERATING RECORD	 
add "268.4(a)"
and "268.7"	264.73(b)(3)	
land disposal units
under an extension or
petition and notice
by generator under
§268.7(a)(3)	264.73(b)(10)	
off-site treatment
facility	264.73(b)(11)	
on-site treatment
facility	264.73(b)(12)	
off-site land
disposal facility	264.73(b)(13)	
		on-site land
disposal facility	264.73(b)(14)	

PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES

SUBPART A - GENERAL

PURPOSE, SCOPE, AND APPLICABILITY	 
facilities to which
part 265 applies	265.1(e)	

SUBPART B - GENERAL FACILITY STANDARDS
	 
GENERAL WASTE ANALYSIS	 
insert
"Part 268"	265.13(a)(1)	
insert
"268.7"	265.13(b)(6)	
exempt surface
impoundment plan
specifications	265.13(b)(7)	

SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING

OPERATING RECORD	 
add "268.4(a)"
and "268.7"	265.73(b)(3)	
land disposal units
under an extension
or petition	265.73(b)(8)	
off-site treatment
facility	265.73(b)(9)	
on-site treatment
facility	265.73(b)(10)	
off-site land
disposal facility	265.73(b)(11)	
on-site land
disposal facility	265.73(b)(12)	

PART 268 - LAND DISPOSAL RESTRICTIONS

SUBPART A - GENERAL

PURPOSE, SCOPE, AND APPLICABILITY	 

purpose	268.1(a)	

applicability	268.1(b)	
conditions for
continued land
disposal	268.1(c)	
persons with
an extension	268.1(c)(1)	
		persons with
an exemption	268.1(c)(2)	
		CERCLA/corrective
action	268.1(c)(3)	
		waste from small
quantity generators
<100 kg/mo as
defined in 261.5	268.1(c)(4)	

DEFINITIONS APPLICABLE TO THIS PART	 
"hazardous
constituent or 
constituents"	268.2(a)	

		"land disposal"	268.2(a)	

all other terms	268.2(b)	

DILUTION PROHIBITED AS A SUBSTITUTE FOR TREATMENT	 
dilution not
substitute for
treatment	268.3	

	†	TREATMENT SURFACE IMPOUNDMENT EXEMPTION	 
		exempt treatment
surface impoundments	268.4(a)	
		treatment in 
impoundments	268.4(a)(1)	
sampling, operating,
waste removal and
waste handling
procedures	268.4(a)(2)	
		design requirements/
exemptions	268.4(a)(3)	
exempt under
264.221(d),(e) or
265.221(c),(d)	268.4(a)(3)(i)	

		meets §3005(j)(2)	268.4(a)(3)(ii)	
		satisfies §3005(j)(11)
no migration	268.4(a)(3)(iii)	
		written
certification	268.4(a)(4)	

**********************************************************************************************************************	 
Guidance note:  268.5 is NOT DELEGABLE.  States should see Note 2 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	 
application to EPA
Administrator for an
extension to effective 
date of any Part 268,
Subpart C restriction;
what the applicant
must demonstrate:	268.5(a)	
good-faith effort to
locate and contract
with treatment,
recovery, or disposal
facilities nationwide
to manage waste
according to 
Subpart C 
effective date	268.5(a)(1)	
binding contractual
commitment for alter-
native capacity that
meets Subpart D
treatment standards	268.5(a)(2)	
demonstration that
alternative capacity
cannot reasonably 
be available 
by effective date 
due to circumstances
beyond applicant's
control; how this must
be demonstrated	268.5(a)(3)	
capacity being con-
structed or provided
by applicant must be
sufficient capacity for
entire quantity
of waste	268.5(a)(4)	
		detailed schedule for
obtaining required
permits or outlines of
how and when
alleviate capacity
available	268.5(a)(5)	
arranged for adequate
capacity during exten-
sion and documented 
in all site locations
where wastes will be
managed	268.5(a)(6)	
surface impoundment
or landfill used must
meet 268.5(h)(2)
requirements	268.5(a)(7)	
		certification by 
authorized represen-
tative signing an
application	268.5(b)	
Administrator may
request additional
information	268.5(c)	
extension applies
only to waste 
generated at
individual facility
covered by
extension	268.5(d)	
		Administrator may 
grant extension of up
to 1 year from 
effective date; 
extension for 1
additional year if
268.5(a) demon-
stration can still be
made; no extension
beyond 24 months 
from 268, Subpart C
effective date; length
of extension deter-
mined by Admini-
strator and basis;
public notice and
comment; final 
decision published in
Federal Register	268.5(e)	
notify Administrator of
change in
certified conditions	268.5(f)	
written progress re-
ports at intervals
designated by Admini-
strator; what progress
reports must include;
conditions for revoca-
tion of extension by
Administrator	268.5(g)	
during period establi-
shed by Administrator
for which extension is
in effect:	268.5(h)	
268.5(a)(1) storage
restrictions do not
apply	268.5(h)(1)	
disposal at new units,
replacement units, or
lateral expansion of
existing units in 
compliance with 
specific requirements	268.5(h)(2)	
		interim status landfill
requirements	268.5(h)(2)(i)	
		permitted landfill
requirements	268.5(h)(2)(ii)	
		interim status surface
impoundment
requirements	268.5(h)(2)(iii)	
permitted surface
impoundment
requirements	268.5(h)(2)(iv)	
		pending decision on
application, com-
pliance with all land
disposal restrictions
once effective date
has been reached	268.5(i)	 
**********************************************************************************************************************	 
**********************************************************************************************************************

**********************************************************************************************************************	 
Guidance note:  268.6 is NOT DELEGABLE.  States should see Note 2 at the beginning of this checklist regarding how to incorporate this section into their code.

PETITIONS TO ALLOW LAND DISPOSAL OF A WASTE PROHIBITED
UNDER SUBPART C OF PART 268	 
submit petition to
Administrator;
demonstration of
no waste migration;
demonstration
components	268.6(a)	
identify specific
unit and waste	268.6(a)(1)	

waste analysis	268.6(a)(2)	
comprehensive
disposal unit
characterization	268.6(a)(3)	
criteria which
demonstration 
must meet	268.6(b)	
accurate and
reproducible sampling,
tests and data	268.6(b)(1)	
Administrator
approved sampling,
testing and estimation
techniques	268.6(b)(2)	
model calibration;
models verified 
with actual data	268.6(b)(3)	
quality assurance/
control plan approved
by Administrator	268.6(b)(4)	
uncertainty
analysis	268.6(b)(5)	
petition submitted to
Administrator	268.6(c)	
		signed
statement	268.6(d)	
Administrator may
request additional
information	268.6(e)	
waste unit to which
petition applies	268.6(f)	
Administrator gives
public notice in
Federal Register; final
decision in
Federal Register	268.6(g)	

term of petition	268.6(h)	
		requirements prior
to Administrator's
decision	268.6(i)	
		petition granted by
Administrator does
not relieve 
responsibilities
under RCRA	268.6(j)	 
**********************************************************************************************************************	 
**********************************************************************************************************************

WASTE ANALYSIS	 
		generator determines
if restricted waste	268.7(a)	
		notice by generator
to treatment facility	268.7(a)(1)(i-iv)	
		generator notice/
certification to
disposal facility	268.7(a)(2)	
information require-
ments in notice to
disposal facility	268.7(a)(2)(i)	
		certification
signature/statement	268.7(a)(2)(ii)	
		generator notice to
disposal facility for
wastes under exten-
sion for variance	268.7(a)(3)	
		maintenance of data
supporting knowledge
of waste	268.7(a)(4)	
		tests by treatment
facility for wastes 
with treatment
standards	268.7(b)	
		notice by treatment
facility to land
disposal facility/
information needed	268.7(b)(1)(i-iv)	
		certification of
each shipment	268.7(b)(2)	
wastes with
concentration
standards	268.7(b)(2)(i)	
		wastes with
technology standards	268.7(b)(2)(ii)	
		requirements for
land disposal
facility	268.7(c)	

SUBPART C - PROHIBITIONS ON LAND DISPOSAL

WASTE SPECIFIC PROHIBITIONS - SOLVENT WASTES	 
		prohibited spent
solvent wastes	268.30(a)	
small quantity
generator 2-year
exemption	268.30(a)(1)	
CERCLA/corrective
action 2-year
exemption	268.30(a)(2)	
		concentration
specific exemption
(solvent waste with
1% total solvent
constituent)	268.30(a)(3)	
landfill/surface
impoundment disposal	268.30(b)	
situations where
(a) and (b) do
not apply	268.30(c)	
		wastes meet Subpart
D, 268 standards	268.30(c)(1)	
		disposal at facility
with successful no-
migration petition	268.30(c)(2)	
		wastes for which
case-by-case ex-
tension has been
granted	268.30(c)(3)	

WASTE SPECIFIC PROHIBITION - DIOXIN-CONTAINING WASTES	 
		prohibited dioxin-
containing wastes in-
cluding FO22 wastes	268.31(a)	
situations where
(a) doesn't apply	268.31(b)	
		waste treated to
meet Subpart D, 268	268.31(b)(1)	
		disposal at facility
with petition	268.31(b)(2)	

		extension	268.31(b)(3)	
		landfill/surface
impoundment disposal	268.31(c)	

SUBPART D - TREATMENT STANDARDS

APPLICABILITY OF TREATMENT STANDARDS	 

2		applicability/
relationship
to prohibition	268.40	

TREATMENT STANDARDS EXPRESSED AS CONCENTRATIONS IN WASTE EXTRACT	 
		treatment standards/
Table CCWE	268.41(a)	
standards for common
constituents in
combined wastes	268.41(b)	

TREATMENT STANDARDS EXPRESSED AS SPECIFIED TECHNOLOGIES	 
waste treated
by identified
technologies	268.42(a)	

**********************************************************************************************************************	 
Guidance note:  268.42 is NOT DELEGABLE.  States should see Note 2 at the beginning of this checklist regarding how to incorporate this paragraph into their code.
	
submit application to
Administrator 
demonstrating 
alternate treatment
method; criteria for
Administrator 
to approve	268.42(b)	
**********************************************************************************************************************	 
**********************************************************************************************************************

TREATMENT STANDARDS EXPRESSED AS WASTE CONCENTRATIONS	 

section reserved	268.43	

**********************************************************************************************************************	 
Guidance note:  268.44 is NOT DELEGABLE.  States should see Note 2 at the beginning of this checklist regarding how to incorporate this section into their code.

VARIANCE FROM A TREATMENT STANDARD	 
conditions for
variance; petition
Administrator; what
must be
demonstrated	268.44(a)	
procedures in
accordance with 
260.20	268.44(b)	
		statement signed by
petitioner or autho-
rized representative	268.44(c)	
		additional information
or samples may be
requested by
Administrator; 
additional copies for
affected States and
region	268.44(d)	
		Administrator gives
public notification
in Federal Register;
final decision in
Federal Register	268.44(e)	
268.7 waste analysis
requirements must be
followed for wastes
covered by variance	268.44(f)	
		requirements during
petition review	268.44(g)	 
**********************************************************************************************************************	 
**********************************************************************************************************************

SUBPART E - PROHIBITIONS ON STORAGE

PROHIBITIONS ON STORAGE OF RESTRICTED WASTES	 
		exemptions to storage
prohibitions	268.50(a)	
		on-site storage
exemption for 
generator	268.50(a)(1)	
		treatment, storage,
and disposal
facility exemption	268.50(a)(2)	

		container labeling	268.50(a)(2)(i)	

		tank labeling	268.50(a)(2)(ii)	
		transporter
exemption	268.50(a)(3)	
storage up to
one year	268.50(b)	
storage longer
than one year	268.50(c)	
		wastes affected 
by a petition
or exemption	268.50(d)	
wastes meeting
specified treat-
ment standards	268.50(e)	

APPENDIX I TO PART 268

TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP)	 
		description
of TCLP	Appendix I	

APPENDIX II TO PART 268

TREATMENT STANDARDS (AS CONCENTRATIONS IN
THE TREATMENT RESIDUAL EXTRACT)	 

table	Appendix II	

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

SUBPART B - PERMIT APPLICATIONS

CONTENTS OF PART B:  GENERAL REQUIREMENTS	 
copy of notice of
approval of petition
or extension	270.14(b)(21)	

SUBPART C - PERMIT CONDITIONS

ESTABLISHING PERMIT CONDITIONS	 
insert
"through 268"
remove "267"	270.32(b)(1)	

SUBPART D - CHANGES TO PERMITS

3		MINOR MODIFICATIONS OF PERMITS	 
conditions for
treating non-
specified waste	270.42(o)	
prohibited from
disposal/treat-
ment standards	270.42(o)(1)	
treatment under
standards/variance	270.42(o)(2)	
no increased or 
substantially
different risks	270.42(o)(3)	
Federal/State
approval; allowable
modifications	270.42(o)(4)