RCRA REVISION CHECKLIST 83

Land Disposal Restrictions for Third Third
Scheduled Wastes; Technical Amendments
56 FR 3864-39281
January 31, 1991
(RCRA Cluster I, HSWA Rule)

Note:  On June 1, 1990, EPA published regulations promulgating prohibitions on land disposal of the Third Third scheduled hazardous wastes (see Revision Checklist 78; 55 FR 22520).  The final rule addressed by this present checklist corrects errors and clarifies the language in the preamble and regulations of the June 1, 1990 final rule.  States adopting the Revision Checklist 78 provisions are strongly encouraged to adopt these technical amendments simultaneously, particularly due to the many revisions to 268.41, 268.42, 268.43 and the Part 268 appendices.
	
				STATE ANALOG IS:	
		     ANALOGOUS	  EQUIV-	   MORE	BROADER
   FEDERAL REQUIREMENT     | 	FEDERAL RCRA CITATION    |	   STATE CITATION	| ALENT  |	STRINGENT |	IN SCOPE	

PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A - GENERAL

DEFINITION OF HAZARDOUS WASTE	 
add parenthetical
phrase regarding
characteristic wastes,
no longer exhibiting
a characteristic, that
still may be subject
to 268 requirements	261.3(d)(1)	

SUBPART C - CHARACTERISTICS OF HAZARDOUS WASTE

GENERAL	 
insert "used"
after "This 
number must be"	261.20(b)	

SUBPART D - LISTS OF HAZARDOUS WASTES

HAZARDOUS WASTES FROM NON-SPECIFIC SOURCES	 
2		revise description
of F039	261.31(a)	

PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

SUBPART A - GENERAL

HAZARDOUS WASTE DETERMINATION	 
replace "subpart D of
this part" with
"subpart D of 40 CFR
Part 261"	262.11(c)	

SUBPART C - PRE-TRANSPORT REQUIREMENTS

ACCUMULATION TIME	 
replace "and" between
"section" and "the
requirements" with ";";
add "the requirements
of 40 CFR
268.7(a)(4)"	262.34(d)(4)	

PART 268 - LAND DISPOSAL RESTRICTIONS

SUBPART A - GENERAL

DEFINITIONS APPLICABLE IN THIS PART 	 
replace "paragraph
(g)(6)" with 
"paragraph (f)"	268.2(d)	
insert "wastewaters
are" after "F005"
at beginning of 
paragraph	268.2(f)(1)	
remove "(as 
generated) that" after
"wastewaters"; add 
", as generated." at
end of paragraph	268.2(f)(2)	
replace "Inorganic 
Solid Debris are" with
"Inorganic Solid 
Debris means"; insert
"contaminated with 
D004-D011 hazardous 
wastes" after "solids";
insert "; and" after 
"sieve"; remove the 
comma and insert 
"; and, are" after
stabilization	268.2(g)	
3		replace periods at the
end of each sub-
paragraph with
semicolons	268.2(g)(1)-(7)	

WASTE ANALYSIS AND RECORDKEEPING	 
replace "or section 
268.43 of the part" 
with "of this part, if a
generator's waste is 
listed in 40 CFR 
Part 261, Subpart D";
delete "developed"; 
replace "Appendix I of
this part" with "Part 
261, Appendix II"; add
sentence regarding 
268 Appendix IX test-
ing or knowledge of 
waste to determine if
waste exhibiting one
or more characteristics
is restricted from land 
disposal	268.7(a)	
replace "may" with 
"must either be 
included, or"; revise 
the information that 
must be included on 
the notification to 
include the applicable
wastewater or non-
wastewater category 
and waste code sub-
division; change 
"treatment standards 
appear" to "applicable
treatment standard 
appears"	268.7(a)(1)(ii)	
replace "may" with 
"must either be 
included, or"; revise 
the information that 
must be included on 
the notification to 
include the applicable
wastewater or non-
wastewater category 
and waste code sub-
division; change 
"treatment standards 
appear" to "applicable
treatment standard 
appears"	268.7(a)(2)(i)(B)	
replace "may" with 
"must either be 
included, or"; revise 
the information that 
must be included on 
the notification to
include the applicable
wastewater or non-
wastewater category 
and waste code sub-
division; change 
"treatment standards 
appear" to "applicable
treatment standard 
appears" 	268.7(a)(3)(ii)	
redesignate 
268.7(a)(6)
as (a)(7); add new 
paragraph (a)(6) re-
garding conditions 
under which a 
generator, managing a
restricted waste ex-
cluded from the 
definition of hazardous
or solid waste, must 
place a one-time 
notice containing
specified information
in the facility's file 	268.7(a)(6)	
redesignate old 
268.7(a)(6) as 
268.7(a)(7); add a
sentence stating that
the paragraph applies
even when charac-
teristic is removed
prior to disposal or
waste is excluded 
or exempted 	268.7(a)(7)	
redesignate old
268.7(a)(7) as
268.8(a)(8)	268.7(a)(8)	
redesignate old 
268.7(a)(8) as 
268.7(a)(9)	268.7(a)(9)	
redesignate old
268.7(a)(9) as
268.7(a)(10)	268.7(a)(10)	
replace "may" with 
"must either be 
included, or"; revise 
the information that 
must be included on 
the notification to
include the applicable
wastewater or non-
wastewater category 
and waste code sub-
division; change 
"treatment standards 
appear" to "applicable
treatment standard 
appears" 	268.7(b)(4)(ii)	

SPECIAL RULES REGARDING WASTES THAT EXHIBIT A CHARACTERISTIC	 
replace "each waste 
code" with "each EPA
Hazardous Waste 
Number (waste 
code)"; replace "carry
a waste code 
designation" with 
"carry the waste 
code"; replace ", and
also" with ".  In 
addition, the waste 
will carry"; replace
"waste code 
designations" with "of
the waste codes";
replace "the relevant
characteristic." with "a
characteristic,"; add 
exception clause re-
garding the case when
the treatment standard
for the waste code in 
261, Subpart D is 
used in lieu of that for
261, Subpart C 	268.9(a)	
delete from the notifi-
cation requirements 
the "treatability 
group(s)" and add
requirements for the
applicable wastewater
or non-wastewater
category and waste 
code sub-divisions 	268.9(d)(1)(ii)	

SUBPART C - PROHIBITIONS ON LAND DISPOSAL

WASTE SPECIFIC PROHIBITIONS - FIRST THIRD WASTES	 
remove Hazardous 
Waste Nos. K048, 
K049, K050, K051, 
K052, and K061 
(containing 15% zinc 
or greater); retain only
K071 and revise 
grammar of paragraph
to reflect a single
waste 	268.33(b)	

WASTE SPECIFIC PROHIBITIONS - THIRD THIRD WASTES	 
add in alphanumeric 
order:  "F002 
(1,1,2-trichloroethane),
F005 (benzene), F005 
(2-ethoxy ethanol), 
F005 (2-nitro-
propane)"; "F025"; 
"K015 (nonwaste-
waters)"; ", reactive 
nonwastewaters)" after
"K046 (wastewaters";
"and (high zinc sub-
category > 15% zinc)"
after "K061 (waste-
waters)"; ", calcium 
sulfate nonwaste-
waters)" after "K069 
(wastewaters"; and 
"P026"; delete:  
"(wastewaters)" after
"K083"; "(waste-
waters)" after "P018";
"P109"; and "(waste-
waters)" after "U120"	268.35(a)	
delete "(nonwaste-
waters)" after "P087";
delete "and" 
after "U151
(nonwastewaters)";
change "inorganic
solids debris" to
"inorganic solid 
debris"; change  
"268.2(a)(7)" to 
"268.2(g)"	268.35(c)	
add "268.10, 268.11,
and" before "268.12";
add language pertain-
ing to soil or debris
contaminated with 
mixed radioactive/
hazardous wastes	268.35(d)	
delete "or" before 
"vitrification"; insert
"acid leaching 
followed by chemical
precipitation, or 
thermal recovery of
metals," after
"vitrification"	268.35(e)	

SUBPART D - TREATMENT STANDARDS

APPLICABILITY OF TREATMENT STANDARDS	 
"Appendix I of this 
part" is replaced by 
"Appendix II of Part 
261" in the first 
sentence; "These 
wastes" replaces the
repetition of the waste
code numbers; 
"Appendix I of this
part or the test
method in appendix II
of part 261" is 
replaced by "40 CFR
Part 261, Appendix II,
or the test method in 
Appendix IX of this 
part" in the second 
sentence; "value
shown in Table CCW"
is replaced with "con-
centrations shown in 
Table CCWE"	268.40(a)	

TREATMENT STANDARDS EXPRESSED AS CONCENTRATIONS IN WASTE EXTRACT	 
		Table CCWE is re-
vised to read as 
shown at 
56 FR 3880-3884, 
January 31, 1991; 
also see explanation
of revisions at	268.41(a)/ 
56 FR 3868-3869	Table CCWE	

TREATMENT STANDARDS EXPRESSED AS SPECIFIED TECHNOLOGIES	 
add "," after "264,
subpart O"; 
change "part 268, 
subpart C" to 
"part 268, 
subpart D,";
insert "a" before
"specific HOC."	268.42(a)(2)	
add new paragraph 
(a)(3); mixture of 
wastewater (discharge
of which is subject to
Clean Water Act) and 
de minimis losses of 
materials that meet
the criteria of D001 
ignitable liquids with 
greater than 10% TOC
is subject to Table 1
DEACT treatment 
standard; de minimis
defined	268.42(a)(3)	
		revise Table 1 as 
shown at 
56 FR 3884-3885; 
also see explanation
of changes at 
56 FR 3869	268.42(a)/Table 1	
		revise Table 2 as 
shown at 
56 FR 3885-3891; 
also see explanation
of changes
at 56 FR 3869	268.42(a)/Table 2	
		revise Table 3 as 
shown at 
56 FR 3891-3892; 
also see explanation
of changes
at 56 FR 3869	268.42(a)/Table 3	

TREATMENT STANDARDS EXPRESSED AS WASTE CONCENTRATIONS	 
		revise Table CCW as
shown at 
56 FR 3892-3911; 
also see explanation 
of changes
at 56 FR 3869-3870	268.43(a)/Table CCW	
insert "by a footnote 
in Table CCW" before 
"in this section"	268.43(c)	
insert "standards" 
after "treatment";
insert comma after
"Part 264, subpart O";
delete "40 CFR" 
before "part 265"	268.43(c)(1)	
revise paragraph to 
refer to the treatment
or disposal facility	268.43(c)(2)	
revise last sentence  
so that "detection 
limits" for the 
"regulated" organic 
constituents 
are achieved	268.43(c)(3)	

APPENDIX IV TO PART 268

ORGANOMETALLIC LAB PACKS	 
		revise Appendix IV as
shown at 56 FR 3912;
also see explanation 
of changes at 
56 FR 3870	Appendix IV	

APPENDIX V TO PART 268

ORGANIC LAB PACKS	 
		revise Appendix V as
shown at 56 FR 3912;
also see explanation
of changes at 
56 FR 3870	Appendix V	

APPENDIX VII TO PART 268

TABLE 1. - EFFECTIVE DATES OF SURFACE DISPOSED WASTES (NON-SOIL AND DEBRIS)
REGULATED IN THE LDRs - COMPREHENSIVE	 
		revise Appendix VII to
reflect two tables 
rather than one table;
Table 1 is shown at 
56 FR 3912-3919;
also see explanation  
of changes at 
56 FR 3870	Appendix VII/Table 1	

TABLE 2. - SUMMARY OF EFFECTIVE DATES OF LAND DISPOSAL RESTRICTIONS FOR
CONTAMINATED SOIL AND DEBRIS (CSD)	 
		revise Appendix VII to
reflect two tables 
rather than one table;
Table 2 is shown at 
56 FR 3919-3920; 
also see explanation  
of changes at 
56 FR 3870	Appendix VII/Table 2	

APPENDIX VIII TO PART 268

NATIONAL CAPACITY LDR VARIANCES FOR UIC WASTES	 
		revise Appendix VIII
as shown at 
56 FR 3920; also see
explanation of 
changes at 
56 FR 3870	Appendix VIII	

APPENDIX IX TO PART 268

EXTRACTION PROCEDURE (EP) TOXICITY TEST METHOD AND STRUCTURAL INTEGRITY
TEST (SW-846, METHOD 1310A)	 
		add new appendix 
which describes an 
interim method to 
determine whether a
waste exhibits the 
characteristic of EP
Toxicity as shown at 
56 FR 3920-3927; 
also see discussion
at 56 FR 3870-3871	Appendix IX	

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

SUBPART D - CHANGES TO PERMIT
	 
PERMIT MODIFICATION AT THE REQUEST OF THE PERMITTEE	 
add a footnote symbol
to the Class 1 
designation at B.1.b.	270.42/Appendix I