RCRA REVISION CHECKLIST 50

Land Disposal Restrictions for First Third
Scheduled Wastes
53 FR 31138-31222
August 17, 1988
as amended on February 27, 1989, at 54 FR 8264-8266
(HSWA Cluster II)

Notes:  1) The "First Third" Scheduled Waste rule addressed by this checklist is the third in a series of rules restricting the land disposal of hazardous waste.  Previous related checklists include Revision Checklist 34 (51 FR 40572; November 7, 1986) and Revision Checklist 39 (52 FR 25760; July 8, 1987).  The First Third Scheduled Waste rule was subsequently modified by corrections at 54 FR 18836 (May 2, 1989), and 54 FR 36967 (September 6, 1989) addressed by Revision Checklist 62 and Revision Checklist 66, respectively.  Also, related to this present checklist are the Second Third Scheduled Wastes (54 FR 26594, Revision Checklist 63); the Third Third Scheduled Wastes (55 FR 22520, Revision Checklist 78), and a correction to the Third Third Scheduled Wastes (56 FR 3864; Revision Checklist 83).  On August 19, 1991 (56 FR 41164; Revision Checklist 95), the treatment standards for the K061 nonwastewater in the high zinc subcategory were revised and finalized.  The treatment standards for these wastes were first promulgated by the First Third Scheduled Wastes rule.

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 50 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.  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).

4) Certain sections or paragraphs of the land disposal restrictions are not delegable, specifically §§268.5, 268.42(b) and 268.44.  These continue to be nondelegable.  With regard to §268.6, "no-migration" petitions, EPA will continue to handle these petitions at Headquarters although States may be authorized to grant these petitions in the future.

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

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

SUBPART B - GENERAL WASTE ANALYSIS

GENERAL WASTE ANALYSIS	 
clarify language and
apply testing to soft
hammer wastes in 
treatment surface	264.13(b)(7)
impoundments	(iii)	
apply to wastes that
do not meet treatment	264.13(b)(7)
standards	(iii)(A)	
apply to wastes for
which no treatment
standards are	264.13(b)(7)
established	(iii)(B)	
prohibited disposal
of residues under	264.13(b)(7)
268.32 or 3004(d)	(iii)(B)(1)	
prohibited disposal
of residues	264.13(b)(7)
under 268.33(f)	(iii)(B)(2)	

SUBPART E - MANIFEST SYSTEM, RECORDKEEPING AND REPORTING

1		OPERATING RECORD	 
remove "or" after
268.5; add clause on
268.8 certification;
add "applicable" 
before "notice 
required"; change
"268.7(a)(3)"
to "268.7(a)"	264.73(b)(10)	
add "and the certi-
fication and demon-
stration, if

applicable" and "or
the owner or
operator"; change
"268.7(a)(1) to
"268.7 or 268.8"	264.73(b)(11)	
add 1) clause on
certification/
demonstration, and
2) "or the owner
or operator";
substitute
"268.7 or 268.8"
for "268.7(a)(1)";
change placement of
"except the manifest
number," excluding
the word "for."	264.73(b)(12)	
add "and demonstra-
tion if applicable";
move reference to
generator; replace
"268.7(b)(1) and (2)"
and "268.7(a)(2)" with
"268.7 and 268.8, 
whichever is 
applicable	264.73(b)(13)	
change structure;
add specific mention
of "the generator"
moving the place-
ment of the refer-
ence to "treater"
and replacing it with
"or owner or operator
of a treatment
facility"; replace
"268.7(a)(2)" and
"268.7(b)(1)" with
"268.7"; add clause
on certification/
demonstration
referencing 268.8	264.73(b)(14)	
add new paragraph
on off-site storage
facility
requirements	264.73(b)(15)	
add new paragraph
on on-site storage
facility
requirements	264.73(b)(16)	

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

SUBPART B - GENERAL FACILITY STANDARDS

GENERAL WASTE ANALYSIS	 
clarify language and
apply testing to soft
hammer wastes in
treatment surface	265.13(b)(7)
impoundments	(iii)	
apply to wastes that
do not meet treatment	265.13(b)(7)
standards	(iii)(A)	
apply to wastes for
which no treatment
standards are	265.13(b)(7)
established	(iii)(B)	
prohibited disposal
of residues under	265.13(b)(7)
268.32 or 3004(d)	(iii)(B)(1)	
prohibited disposal
of residues under	265.13(b)(7)
268.33(f)	(iii)(B)(2)	

SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING

		OPERATING RECORD	 
after 268.5 replace
1) "or" with
"monitoring data
required pursuant
to" and 2) "pur-
suant to" with
"under"; insert
clause on certifi-
cation after
"268.8"; add
"applicable"
before "notice";
replace "268.7(a)(3)"
with "268.7(a)"	265.73(b)(8)	
add 1) "a copy of"
before "the notice,"
2) "and the certi-
fication and
demonstration if
applicable" after
"the notice" and 3)
"or the owner or
operator" after
"generator"; replace
"268.7(a)(1)" with
"268.7 or 268.8"	265.73(b)(9)	
add 1) clause on
certification/
demonstration,
after "notice" and
2) "or the owner or
operator" after
"generator"; move
manifest number
clause; substitute
"268.7 or 268.8"
for "268.7(a)(1)"	265.73(b)(10)	
add 1) "a copy of"
before "notice"
and 2) "and demon-
stration if
applicable" after
"certification";
restructure para-
graph and move
reference to
generator; replace
"268.7(b)" and 
"268.7(a)(2)" with
268.7 or 268.8"	265.73(b)(11)	
restructure para-
graph moving clause
on manifest number
and placement of
"treatment facility";
add 1) "owner or
operator of a"
before "treatment
facility" and 2)
"and the certifica-
tion and demonstra-
tion if applicable"
before "required";
replace "268.7(a)(2)"
and "268.7(b)(2)"
with "268.7 or
268.8";	265.73(b)(12)	
add new paragraph on
requirements for 
off-site storage
facilities	265.73(b)(13)	
add new paragraph on
requirements for
on-site storage
facilities	265.74(b)(14)	

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	 
add language to
reflect that products
for general public's 
use are not subject
to regulation if they
meet treatment
requirements of 268
Subpart D or prohibi-
tion levels of 268.32
or 3004(d) where no
treatment standards;
zinc-containing
fertilizers using
K061 not subject to
this requirement	266.20(b)	

PART 268 - LAND DISPOSAL RESTRICTIONS

SUBPART A - GENERAL

2		PURPOSE, SCOPE, AND APPLICABILITY	 
remove old
268.1(c)(3);
redesignate
268.1(c)(4) as
268.1(c)(3)	268.1(c)(3)	
redesignate old
268.1(c)(5) as
268.1(c)(4)
and revise	268.1(c)(4)	
add new 
268.1(c)(5)--
landfills/surface
impoundments, in
compliance with
268.8 with
respect to wastes not
subject to specific
treatment standards
or prohibitions	268.1(c)(5)	
add new paragraph
preserving
waiver availability
under 121(d)(4)	268.1(d)	

TREATMENT SURFACE IMPOUNDMENT EXEMPTION	 
clarify language and
revise to apply to
soft hammer wastes to
treatment surface
impoundments that
meet a list of 
conditions:	268.4(a)(2)	
sampling and testing
requirements for
wastes with and
without treatment
standards; super-
natant and sludge
samples tested
separately	268.4(a)(2)(i)	
annual removal of
specific residues;
residues subject to
valid certifica-
tion; flow-through
standard of removal
for supernatant	268.4(a)(2)(ii)	
requirements for
subsequent manage-
ment of treatment
residues in another
impoundment pro-
hibited unless
certification under
268.8 and standards
of 268.8(a) are met	268.4(a)(2)(iii)	
recordkeeping require-
ments must be speci-
fied in the facility's
waste analysis plan	268.4(a)(2)(iv)	

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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 all of the text
in the introductory 
paragraph after "may  
be disposed" with "in
a landfill or surface 
impoundment unit only
if such unit is in com-
pliance with the  
following 
requirements:"	268.5(h)(2)	
********************************************************************************************************************	 
********************************************************************************************************************

*******************************************************************************************************************	 
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	 
monitoring plan
detecting migration
at the earliest time	268.6(a)(4)	
sufficient information 
to assure Admini-
strator that owner/
operator is in com-
pliance with other 
applicable Federal, 
State and local laws	268.6(a)(5)	
redesignate old
268.6(c) as 268.6(d);
add new paragraph 
on what each petition
must include:	268.6(c)	
monitoring plan
including description 
of monitoring program
to verify continued
compliance with
variance; information
which must
be included	268.6(c)(1)	

media monitored	268.6(c)(1)(i)	

type of monitoring	268.6(c)(1)(ii)	
monitoring
station location	268.6(c)(1)(iii)	

monitoring interval	268.6(c)(1)(iv)	
specific hazardous 
constituents to
be monitored	268.6(c)(1)(v)	
monitoring program
implementation
schedule	268.6(c)(1)(vi)	
monitoring
station equipment	268.6(c)(1)(vii)	
sampling and
analytical techniques
employed	268.6(c)(1)(viii)	
data 
recording/reporting
procedures	268.6(c)(1)(ix)	
268.6(c)(1) monitoring
program must be in
place by Administrator
specified time period,
as part of approval
of the petition
prior to prohibited
waste receipt at unit	268.6(c)(2)	
268.6(c)(1) monitoring
data sent to Admini-
strator according to
monitoring plan must
be according to
approved format and
schedule	268.6(c)(3)	
monitoring data as per
268.6(c)(1) monitoring
plan must be kept 
in on-site
operating record	268.6(c)(4)	
criteria the 268.6(c)(1)
monitoring program 
must meet:	268.5(c)(5)	
Administrator approval
for all sampling, 
testing, and analytical
data; data accurate 
and reproducible	268.6(c)(5)(i)	
Administrator approval
of all estimation and
monitoring techniques	268.6(c)(5)(ii)	
QA/QC plan for all
aspects of monitoring
program provided to
and approved by
Administrator	268.6(c)(5)(iii)	
redesignate old
268.6(c) and (d) as
268.6(d) and (g)
respectively	268.6(d)	
redesignate old
268.6(e) as
268.6(h); add new
paragraph addressing
the reporting of
changes at unit and/or
surrounding environ-
ment that significantly
depart from variances 
and affect
migration potential	268.6(e)	
changes to unit 
design, construction or
operation proposed in
writing and a 
demonstration to
Administrator 30 days
prior to change; 
Administrator makes
determination if
petition is invalidated
and determines
appropriate response; 
Administrator approval
before changes
can be made	268.6(e)(1)	
within 10 days of
discovering change, 
written notification to
Administrator if
condition is not as
predicted or modeled 
in petition; 
Administrator decides 
if change requires
further action	268.6(e)(2)	
redesignate old 
268.6(f) as 268.6(i);
add new paragraph
on owner/operator
responsibilities
if hazardous
waste migration:	268.6(f)	
immediate suspension
of restriction waste
receipt	268.6(f)(1)	
within 10 days
written notification
to Administrator	268.6(f)(2)	
Administrator decision
within 60 days as to
continued receipt of
prohibited waste; 
Administrator deter-
mines if further
examination of any
migration warranted	268.6(f)(3)	
redesignate old
268.6(d) as 268.6(g)	268.6(g)	
redesignate old 
268.6(e) as
268.6(h)	268.6(h)	
redesignate old
268.6(f) as 268.6(i)	268.6(i)	
redesignate old
268.6(g) as 268.6(j)	268.6(j)	
redesignate old
268.6(h) as 268.6(k)	268.6(k)	
redesignate old
268.6(i) as 268.6(l)	268.6(l)	
redesignate old
268.6(j) as 268.6(m)	268.6(m)	
redesignate old
268.6(k) as 268.6(n)	268.6(n)	
********************************************************************************************************************	 
********************************************************************************************************************

3		WASTE ANALYSIS AND RECORDKEEPING	 
clarify language and
provide exception to
section 268.43
testing requirements	268.7(a)	
remove the clause
after "treatment
standards" which ends
with "exceeds" and
insert "set forth in
Subpart D of this
part or exceeds";
insert "or storage"
after "treatment";
remove "of this part"
after "268.32" and
"section" before
"3004(d)"	268.7(a)(1)	
insert "treatment
storage, or" before
"land disposal
facility"; insert
"levels" after
"prohibition"; remove
"of this part" after
"268.32" and "section"
before "3004(d)"	268.7(a)(2)	
remove "an extension
under §268.1(c)(3)";
insert "with each
shipment of waste"
after "Subpart C";
replace "forward"
with "submit"; remove
"with the waste" and
"land disposal";
add new notice
requirements for 
facility receiving
the waste	268.7(a)(3)	
EPA hazardous
waste number	268.7(a)(3)(i)	
treatment standards
and applicable
268.32 or 3004(d)
prohibition	268.7(a)(3)(ii)	
manifest number
of shipment	268.7(a)(3)(iii)	
waste analysis
data	268.7(a)(3)(iv)	
date waste is
subject to
prohibition	268.7(a)(3)(v)	
redesignate old
268.7(a)(4) as
268.7(a)(5); add
new paragraph
268.7(a)(4)
requires generator
notification for
268.33(f) only
prohibited wastes	268.7(a)(4)	
EPA hazardous
waste number	268.7(a)(4)(i)	
applicable
268.33(f)
prohibitions	268.7(a)(4)(ii)	
manifest number
of shipment	268.7(a)(4)(iii)	
waste analysis
data	268.7(a)(4)(iv)	
add new requirement
for retention of
waste analysis data
on-site in files	268.7(a)(5)	
add five-year reten-
tion period for
notices, certifica-
tions, demonstra-
tions, etc. produced
relative to 268.7;
extensions during
enforcement actions	268.7(a)(6)	
clarify language and
applicability of
testing requirements	268.7(b)	
redesignate old
268.7(b)(1) as
268.7(b)(4); add
new paragraph
268.7(b)(1) derived
from old 268.7(b)
on testing when
standards are
expressed as
concentrations in
waste extract	268.7(b)(1)	
redesignate old
268.7(b)(2) as
268.7(b)(5); add new
paragraph 268.7(b)(2)
derived in part from
old 268.7(b) on testing
of 268.32 or 3004(d) 
prohibited wastes not 
subject to Subpart D 
treatment standards	268.7(b)(2)	
add new paragraph
on testing for wastes
with treatment
standards expressed
as concentrations
in waste	268.7(b)(3)	
old 268.7(b)(1)
redesignated as
268.7(b)(4)	268.7(b)(4)	
old 268.7(b)(2)
redesignated as
268.7(b)(5)	268.7(b)(5)	
add new paragraph
for compliance
with generator
notice/certification
requirements if waste
sent off-site	268.7(b)(6)	
notification with
each shipment for
waste subject to
268.33(f), but not
subject to 268.32	268.7(b)(7)	
EPA hazardous
waste number	268.7(b)(7)(i)	
applicable 268.33(f)
prohibitions	268.7(b)(7)(ii)	
manifest number of
waste shipment	268.7(b)(7)(iii)	
waste analysis
data	268.7(b)(7)(iv)	
no 268.7(b)(4) notifi-
cation for recyclable
materials used in a 
manner constituting
disposal and subject 
to 266.20(b);
268.7(b)(5)
certification and
268.7(b)(4) notice to
Regional Administra-
tor; records of
recipients of waste
derived products	268.7(b)(8)	

clarify language	268.7(c)	
have copies of notice
under 268.7(a) or
(b) and certifica-
tions in 268.8 if
applicable	268.7(c)(1)	
retain rest of old
268.7(c), starting
with "test the
waste," and designate
as 268.7(c)(2)	268.7(c)(2)	
waste subject to
268.33(f) prohibi-
tions, but not 268.32
prohibitions or sub-
ject to certification
prior to disposal in
landfill or surface
impoundment unit and
disposal is in
accordance with
268.5(h)(2); same
for wastes subject to
268.33(f) and 3004(d)
prohibitions or
codified 268.32
prohibitions	268.7(c)(3)	

LANDFILL AND SURFACE IMPOUNDMENT DISPOSAL RESTRICTIONS	 
disposal of 268.33(f)
prohibited wastes
in landfills or
surface impoundments
in compliance with
268.5(h)(2) if
requirements of
268.8 are met	268.8(a)	
good faith
generator effort
to contract with
treatment and
recovery facilities
providing greatest
environmental benefit	268.8(a)(1)	
demonstration and
certification
submitted to
Regional Adminis-
trator that
268.8(a)(1) require-
ments have been met	268.8(a)(2)	
explanation and
certification when
no practically
available treatment
can be found	268.8(a)(2)(i)	
contracting and
certification when 
practically available
treatments are found	268.8(a)(2)(ii)	
copy of demonstration
and certification
sent to receiving
facilities for
shipments of waste
with no practically
available treatment;
certification only
for subsequent
shipments; generator
recordkeeping and
five year retention	268.8(a)(3)	
generator copy of
demonstration and
certification sent to
receiving facilities
for shipments of
wastes with
practically available
treatment; certification
only for subsequent
shipments; generator
record-keeping and
five year retention	268.8(a)(4)	
additional information
for certification if
requested by Regional
Administrator	268.8(b)	
notification when
change in conditions
forming basis of
certification	268.8(b)(1)	
invalidation when
Regional Administrator
finds practically
available treatment
method or a method
yielding greater
environmental benefit
than certified	268.8(b)(2)	
when certification is
invalidated, generator
must cease shipment,
communicate with 
facilities receiving
waste, and keep 
records of
communication	268.8(b)(3)	
receiving treatment,
recovery or storage
facilities keep copy of
generator's demonstra-
tion and certification	268.8(c)	
receiving treatment,
storage or recovery
facility certify
waste treated
according to
generators'
demonstration	268.8(c)(1)	
receiving treatment,
recovery or storage
facility must send
generator demonstra-
tion/certification
and 268.8(c)(1)
certification to
facility receiving
waste or treatment
residues	268.8(c)(2)	
	4	disposal facility must
assure certification
prior to disposal in
landfill or surface
impoundment unit and
units in accordance
with 268.5(h)(2) for
wastes prohibited
under 268.33(f)	268.8(d)	
wastes may be
disposed in landfill
or surface impound-
ment meeting
268.5(h)(2) if
certified and
treated	268.8(e)	

SUBPART C - PROHIBITIONS ON LAND DISPOSAL

5		WASTE SPECIFIC PROHIBITIONS - SOLVENT WASTES	 
repromulgate require-
ment to treat to
applicable standard
unless restricted
solvent falls into
treatability group
for which EPA has 
determined no
capacity exists	268.30(a)	
remove final clause
starting with "not
subject to..." and
ending with "November
8, 1988"	268.30(a)(2)	
change hyphenation;
add "; or" at end of
paragraph	268.30(a)(3)	
change first "(2), and
(3)" to "(2), (3), and
(4)"; remove second
sentence concerning
disposal in landfills
prior to November
8, 1988	268.30(b)	
redesignate old 
268.30(c) as
268.30(d); add new
paragraph 268.30(c)
prohibiting after
November 8, 1990 
land disposal of F001-
F005 solvent waste
contaminated soil
and debris (and
their treatment 
residues) resulting from 
CERCLA action or 
RCRA corrective 
action; permitting 
disposal in landfill or 
surface impoundment 
unit in compliance with
268.5(h)(2) prior to
November 8, 1990	268.30(c)	
old 268.30(c) is new
268.30(d); revise
"(a) and (b)" to
read "(a), (b), and
(c)"; 268.30(d)(1)-
(3) are the same as 
the old 268.30(c)(1)-
(3) except in (3)
add "and units"
after "wastes"	268.30(d)	

6		WASTE SPECIFIC PROHIBITIONS--DIOXIN-CONTAINING WASTES	 
add phrase "unless
the following
condition applies:"	268.31(a)	
contaminated soil
and debris waste
resulting from
response action
under CERCLA
or from a RCRA
corrective action	268.31(a)(1)	
redesignate old
268.31(b) as
268.31(d); new
paragraph 268.31(b)
prohibiting land
disposal of F020-F023 
& F026-F028 dioxin-
containing wastes
after November 8,
1990	268.31(b)	
change years to 
"1988" and "1990,"
respectively; insert
"(1)" after "(a)";
replace "the facility"
with "such unit"	268.31(c)	
old 268.31(b) is
new 268.31(d);
in introductory
sentence insert "and
(b)" after "(a)";
268.31(d)(1)-(3) are
the same as old
268.31(b)(1)-(3)
except in (3) change
"extension from" to
"extension to"	268.31(d)	

WASTE SPECIFIC PROHIBITIONS - CALIFORNIA LIST WASTES	 
revise as an intro-
ductory paragraph to
read "The require-
ments of (a) and (e)
of this section do not
apply until:";
redesignate remainder
of old 268.32(d) as
268.32(d)(2)	268.32(d)	
add new paragraph
with July 8, 1989 as
the prohibition date
for contaminated
soil or debris not
resulting from a 
CERCLA response or
RCRA corrective
action; disposal
between July 8, 1987
and July 8, 1989
permitted in landfill or
surface impoundment
in compliance with
268.5(h)(2)	268.32(d)(1)	
redesignate majority
of old 268.32(d) as
268.32(d)(2); change
"1988" to "1990";
add sentence allowing
disposal between
November 8, 1988
and November 8,
1990 in landfill or
surface impoundment
in compliance with
268.5(h)(2)	268.32(d)(2)	
7		change date to
November 8, 1988	268.32(e)	
add clause on not
including wastes
described in
268.32(d)	268.32(e)(2)	
change "July 8, 1989"
to "November 8,
1988"; replace
"described" with
"included" and
"the facility" with
"such disposal"	268.32(f)	
insert ",(d)," after
"(a)"	268.32(g)	
insert ",(d)," after
"(a)(3)"	268.32(h)	

WASTE SPECIFIC PROHIBITIONS - FIRST THIRD WASTES	 
specific wastes
prohibited from land
disposal effective
August 8, 1988	268.33(a)	
land disposal prohi-
bition of K061 waste
containing 15% or
greater of zinc
pursuant to
268.41 treatment
standard for K061
containing less than
15% zinc	268.33(a)(1)	
wastes--K048, K049,
K050, K051, K052,
K061 (contain 5%
or greater zinc),
K071--prohibited
from land disposal
effective August 8,
1990	268.33(b)	
effective August 8,
1990, land disposal
prohibition of
wastes specified in
268.10 having a
treatment standard
in 268, based on
incineration and
which are contami-
nated soil and
debris, Subpart D	268.33(c)	
between November 8,
1988 and August 8,
1990, landfill or 
surface impoundment
disposal permitted
if in compliance with
268.5(h)(2) of
wastes included
under 268(b) & (c)	268.33(d)	
requirements of
268(a)-(d) do not
apply when:	268.33(e)	
waste meets
applicable 268,
Subpart D standards	268.33(e)(1)	
granted an exemption
from prohibition for
wastes and units
under 268.6	268.33(e)(2)	
granted an extension
to an effective date
for wastes under
268.5	268.33(e)(3)	
prohibition of
landfill or surface
impoundment disposal
of wastes specified 
in 268.10 for which
treatment standards
do not apply (other
than 268.32 or
section 3004(d)
prohibitions) unless
268.8 demonstration
and certification	268.33(f)	
for a waste listed
in 268.10, initial
generator testing to
determine exceedance
of 268.41 & 268.43
treatment standards
and prohibition from
land disposal if
exceed standards	268.33(g)	

SUBPART D - TREATMENT STANDARDS

APPLICABILITY OF TREATMENT STANDARDS	 
replace "this
subpart" with
"§268.41"; remove
"without further
treatment"	268.40(a)	
land disposal of a
restricted waste
identified in 268.43
only if below listed
constituent
concentrations	268.40(c)	

TREATMENT STANDARDS EXPRESSED AS CONCENTRATIONS IN WASTE EXTRACT	 
in Table CCWE
remove entry
specified below;
add subtables to
Table CCWE in
numerical order as
specified below	268.41(a)	

Delete the following entry:	 
		                 Concentration (in mg/l)	 
			  Wastewaters			   All other
			containing spent			spent solvent
        F001-F005 spent solvents		    solvents			    wastes	 

Methylene chloride (from the pharmaceutical
industry)...........................................................		      12.7			      .96

Add the following subtables to Table CCWE in numerical order by EPA Hazardous Waste Number: (For electronic version of checklist, see 53 FR 31217.)
	
TREATMENT STANDARDS EXPRESSED AS SPECIFIED TECHNOLOGIES	 
add ability to
incinerate in boilers
and industrial
furnaces after "265,
Subpart O"	268.42(a)(2)	

TREATMENT STANDARDS EXPRESSED AS WASTE CONCENTRATIONS	 
introductory  para-
graph for Table CCW
explaining table:	268.43(a)	
Add new Table CCW as shown below.  Subtables are arranged in numerical order by EPA Hazardous Waste Number.  Additionally there is a listing after the subtables of "K" wastes which are prohibited from land disposal.  (For electronic version of table, see 53 FR 31218-31221.)

treatment standard 
for combinations
of wastes with 
different treatment
standards, must
meet lowest
standard	268.43(b)	

	 
********************************************************************************************************************	 
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	 
8		apply to Assistant
Administrator of 
OSWER or delegated
representative for 
site-specific 
variance from
a treatment standard
if specified 
conditions are 
appropriate; what
applicant must 
demonstrate	268.44(h)	
260.20(b)(1)-(4)
information must
be included	268.44(i)	
Assistant 
Administrator or 
delegated 
representative 
may request
additional information	268.44(j)	
if site-specific
treatment standard 
variance then 
compliance with 
268.7 waste 
analysis 
requirements 	268.44(k)	
during application
review process, com-
pliance with land
disposal restrictions
once effective date
for waste reached	268.44(l)	
******************************************************************************************************************** 
********************************************************************************************************************

          	SUBPART E - PROHIBITIONS ON STORAGE

PROHIBITIONS ON STORAGE OF RESTRICTED WASTES	 
add to end of
paragraph 
"or a valid
certification
under 268.8"	268.50(d)