RCRA REVISION CHECKLIST 66

Land Disposal Restrictions; Correction to the
First Third Scheduled Wastes
54 FR 36967
September 6, 1989
as amended on June 13 1990, at 55 FR 23935
(HSWA Cluster II)

Notes:  1)  This is a correction and clarification of 53 FR 31138 (August 17, 1988) and 54 FR 18836 (May 2, 1989) addressed by Revision Checklists 50 and 62 which cover the First Third Scheduled Wastes.  As such, States which are not yet authorized for these checklists are encouraged to apply for Revision Checklist 66 at the same time the provisions in Revision Checklists 50 and 62 are applied for.  States already authorized for Revision Checklists 50 and 62 requirements are encouraged to adopt the corrections addressed by Checklist 66 as quickly as possible.

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

3)  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 66 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).

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

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	 
delete the word 
"constituent" from the
parenthetical phrase
following "recyclable
material"; add sentence 
exempting from 
regulation commercial 
fertilizers produced 
for the general
public's use that
contain recyclable
materials	266.20(b)	

PART 268 - LAND DISPOSAL RESTRICTIONS

SUBPART A - GENERAL

PURPOSE, SCOPE AND APPLICABILITY	 
substitute "restricted"
for "prohibited"	268.1(c)	

remove paragraph	268.1(c)(3)	

remove paragraph	268.1(c)(4)	
wastes which are not
subject to any
provisions of 
Part 268	268.1(e)	

wastes generated by
generators of less than
100 kg of hazardous
waste and less than
1 kg of acute
hazardous waste	268.1(e)(1)	
waste pesticides
pursuant to 262.70	268.1(e)(2)	
wastes identified or 
listed as hazardous 
after November 8, 
1984 for which EPA 
has not promulgated 
land disposal 
prohibitions or 
treatment standards	268.1(e)(3)	

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Guidance note:  268.5 is NOT DELEGABLE.  States should see Note 3 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 "the following
requirements:" with
"the technical require-
ments of the following
provisions regardless
of whether such unit
is existing, new or a
replacement for lateral
expansion"	268.5(h)(2)	
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Guidance note:  268.6 is NOT DELEGABLE.  States should see Note 3 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	 
amend paragraph 
to read
"Immediately suspend
receipt of prohibited
waste at the 
unit, and"	268.6(f)(1)	
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WASTE ANALYSIS	 
add language to 
indicate that 
exemption from
prohibition is not
limited to extensions
under 268.5,
exemptions under
268.6 or a nationwide
capacity variance 
under Subpart C	268.7(a)(3)	
after "268.33(f)" add
parenthetical state-
ment including wastes
disposed of in units 
other than landfills 
or surface 
impoundments	268.7(a)(4)	
after "266.20(b)"
insert "regarding
treatment standards
and prohibition levels,";
insert "i.e.," preceding
"the recycler"	268.7(b)(8)	
disposal of recyclable
material subject to
266.20(b)	268.7(c)(4)	

LANDFILL AND SURFACE IMPOUNDMENT DISPOSAL RESTRICTIONS	 
specific requirements
for generator if no
practically available
treatment for waste:	268.8(a)(2)	
prior to initial ship-
ment, demonstration/
certification to
Regional Administrator	268.8(a)(2)(i)	
demonstration and 
certification with 
initial shipment;
certification with
subsequent shipments;
recordkeeping and
record retention	268.8(a)(2)(ii)	
requirements for
generator if there
are practically 
available treatments
for waste:	268.8(a)(3)	
prior to initial
shipment, demonstra-
tion/certification to 
Regional Administrator	268.8(a)(3)(i)	
1		demonstration and
certification with
initial shipment;
certification with
subsequent shipments;
recordkeeping and
retention	268.8(a)(3)(ii)	
add language requiring
submission of new
demonstration and
certification to the
receiving facility	268.8(b)(1)	
insert ", for each initial 
shipment of waste," 
between "must" and 
"send"; add "(i) or 
268.8(a)(3)(i)" after 
"268.8(a)(2)"; add 
sentence to end 
requiring submission 
of certification with 
subsequent shipments	268.8(c)(2)	
change "263.33(f)" to
"268.33(f)"	268.8(d)	

SUBPART C - PROHIBITIONS ON LAND DISPOSAL

WASTE SPECIFIC PROHIBITIONS--CALIFORNIA LIST WASTES	 
replace "such 
disposal" with "such 
unit"	268.32(f)	

WASTE SPECIFIC PROHIBITIONS--FIRST THIRD WASTES	 
change "K004 
(nonwastewater)" to
"K004 wastes specified
in 268.43(a)"; change
"K008 (nonwaste-
waters)" to "K008 
wastes specified in
268.43(a)"; remove
"K015 wastewaters"; 
change "K021 
(nonwastewater)" to 
"K021 wastes specified 
in 268.43(a)"; add 
"nonwastewaters 
specified in 268.43(a)" 
following "K025"; 
remove "K083 
(nonwastewaters)"; add 
"nonwastewaters 
specified in 268.43(a)" 
following "K100"; add 
"(wastewater), K101 
(nonwastewater, low 
arsenic subcategory - 
less than 1% total 
arsenic)."  following 
"K101"; add 
"(wastewater), K102 
(nonwastewater, low 
arsenic subcategory - 
less than 1% total 
arsenic)." following 
"K102"	268.33(a)	
replace "are not
applicable" with 
"have not been 
promulgated";
replace "unless the
wastes are the subject
of a valid demonstra-
tion and certification
pursuant" with "unless 
a demonstration and 
certification have been 
submitted"	268.33(f)	
2		replace "extract or the 
waste" with "extract 
or the waste, or the 
generator may use 
knowledge of the
waste"	268.33(g)	

SUBPART D - TREATMENT STANDARDS
	 
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Guidance note:  268.44 is NOT DELEGABLE.  States should see Note 3 at the beginning of this checklist regarding how to incorporate this section into their code.

VARIANCE FROM A TREATMENT STANDARD	 
replace "Assistant
Administrator of the
Office of Solid Waste
and Emergency 
Response" with
"Administrator"	268.44(h)	
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SUBPART E - PROHIBITIONS ON STORAGE

PROHIBITIONS ON STORAGE OF RESTRICTED WASTES	 
reword paragraph
regarding exemptions
from land disposal
prohibitions	268.50(d)