CONSOLIDATED CHECKLIST C8
	
	Land Disposal Restrictions
	40 CFR Part 268 as of December 31, 2002

Note: This Consolidated Checklist corresponds to the 40 CFR Part 268, published on July 1, 2002, and as amended by the following final rules:  67 FR 48393, July 24, 2002 (Revision Checklist 200); and 67 FR 62618, October 7, 2002 (Revision Checklist 201)

Notes:
1)  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) and 268.42(b) (application for alternate treatment method). "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 or 268.42(b).  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.  

Section 268.44 was considered non-delegable (see 52 FR 25783, July 8, 1987) until just recently.  In the HWIR-media proposed rule, EPA announced that States can seek authorization for both the site-specific treatment variances at 268.44 and the HWIR-media specific treatment variance procedures at Part 269 proposed in that rule.  Because there has been some confusion over how to handle the delegability issue in State regulations, some States may have already been inadvertently authorized for 268.44.  EPA is requesting that a State note in its HWIR-media program revision application, other authorization applications, or in official correspondence whether it believes it has been authorized for site-specific treatment variances.  EPA will evaluate that aspect of a State's submittal to confirm the State's authorization.  For further information see 61 FR 18828 (April 29, 1996).

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 these 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 nondelegable section.  If States have already filled out a version of this consolidated checklist 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 a State incorporate the nondelegable portions of the LDR regulations into its 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 nondelegable 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 forth in 268.42(b)" should not be replaced in 268.40(b) 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)  States do not need to adopt requirements equivalent to 40 CFR 268.10, 268.11, 268.12 and 268.13 because these sections of code contain the schedule by which EPA must evaluate wastes for land disposal restrictions.  As such, these sections of code are not included in this consolidated checklist.  States do need to adopt, however, requirements equivalent to 268.14.  Such requirements address the length of time interim status impoundments can be used to receive or generate newly identified or listed hazardous wastes and resolve the potential conflicts between RCRA ''3004(h)(4), 3005(j)(6) and 3004(j)(11) [see the discussion in the Federal Register for Revision Checklist 109, pp. 37218-37221].

5)  Adopting the alternate treatment standards for lab packs is optional.  However, if a State chooses to adopt these alternate standards, all of the requirements related to these standards must be adopted, including all of the provisions added by the Third Third Scheduled Waste Rule (i.e., Revision Checklist 78) at 264.316(f), 265.316(f), 268.7(a)(8), 268.7(a)(9), 268.42(c), 268.42(c)(1)-(4), and Appendices IV and V to Part 268.

6)  On April 9, 1999, the United States Court of Appeals for the District of Columbia in Great Lakes Chemical Corporation versus EPA (Docket No. 98-1312) granted the U.S. Government=s motion for a voluntary vacatur of the rules addressed by Revision Checklist 165.  Because of this vacatur, EPA has withdrawn this revision checklist.  Note that the final rule published August 10, 1998 (63 FR 42580), is also vacated as it only clarified that the typographical errors made in the May 4, 1998 (63 FR 24596) rule were corrected by the June 29, 1998 rule (63 FR 35147).

	
FEDERAL REQUIREMENTS	
CHECKLIST
REFERENCE	
FEDERAL RCRA CITATION	
ANALOGOUS STATE CITATION	
STATE ANALOG IS:	
					
EQUIV-ALENT	
LESS
STRIN-
GENT	
MORE STRIN-GENT	
BROADER IN SCOPE	

SUBPART A - GENERAL	

PURPOSE, SCOPE AND APPLICABILITY	

purpose	
34	
268.1(a)	

	

	
applicability	
34	
268.1(b)	

	

	
conditions for continued land disposal:	
34,66	
268.1(c)	

	

	
persons with an extension	
34	
268.1(c)(1)	

	

	
persons with an exemption	
34	
268.1(c)(2)	

	

	
wastes that are hazardous only because they exhibit a hazardous characteristic, and which are otherwise prohibited from land disposal are not prohibited if the wastes:	
34,50,66,
78,151	
268.1(c)(3)	

	

	
are disposed into a nonhazardous or hazardous injection well as defined in 40 CFR 144.6(a) and	
78,151	
268.1(c)(3)(i)	

	

	
do not exhibit any prohibited characteristic of hazardous waste identified in 40 CFR part 261, subpart C at the point of injection	
78,137,
151	
268.1(c)(3)(ii)	

	

	
removed	
137,151	
268.1(c)(3)(iii)	

	

2	
wastes that exhibit a hazardous characteristic (except D003 reactive cyanide and those subject to a treatment method other than DEACT in 268.40) are not prohibited from land disposal if:	
34,50,66,151	
268.1(c)(4)	

	

	
the wastes are managed in a treatment system with a permit under Clean Water Act (CWA) '402, or	
151	
268.1(c)(4)(i)	

	

	
the wastes are treated under the pretreatment requirements of CWA '307, or	
151	
268.1(c)(4)(ii)	

	

	
the wastes are managed in a zero discharge system engaged in CWA-equivalent treatment as defined in 268.37(a), and	
151	
268.1(c)(4)(iii)	

	

	
the wastes no longer exhibit a prohibited characteristic at the point of land disposal	
151	
268.1(c)(4)(iv)	

	

2	
removed	
39,48,50,78	
268.1(c)(5)	

	

	
preserve waiver availability under 121(d)(4) of CERCLA	
50	
268.1(d)	

	

	
wastes that are not subject to any provisions of Part 268	
66,157	
268.1(e)	

	

4	
wastes generated by generators of less than 100 kg of hazardous waste or less than 1 kg of acute hazardous waste, as defined in 261.5	
66,157	
268.1(e)(1)	

	

4	
waste pesticides that a farmer disposes pursuant to 262.70	
66,157	
268.1(e)(2)	

	

4,	
wastes identified or listed as hazardous after November 8, 1984 for which EPA has not promulgated land disposal prohibitions or treatment standards	
66,151,157	
268.1(e)(3)	

	

5	
de minimis losses of characteristic wastes to wastewaters are not considered prohibited wastes; definition of Ade minimis losses@	
124,137,151,157	
268.1(e)(4)	

	

5	
[subparagraphs added by Rule 151, were withdrawn by Rule 151.1]	
151	
268.1(e)(4)(i)&(ii)	

	

5	
 removed	
124,137,
151,157	
268.1(e)(5)	

	

,	
universal waste handlers and transporters are exempt from 268.7 and 268.50 for the listed hazardous wastes; these handlers are subject to Part 273 instead	
142 A	
268.1(f)	

	

		
142 B	
268.1(f)(1)	

	

		
142 C, H181	
268.1(f)(2)	

	

		
142 D, H181	
268.1(f)(3)	

	

		
H181	
268.1(f)(4)	

	

	
DEFINITIONS APPLICABLE IN THIS PART	

introductory paragraph regarding definitions	
78	
268.2	

	

	
"halogenated organic compounds" or "HOCs"	
39,78	
268.2(a)	

	

	
"hazardous constituent or constituents"	
34,78	
268.2(b)	

	

8	
"land disposal"	
34,39,78,121,H175	
268.2(c)	

	

	
"nonwastewaters"	
78,83	
268.2(d)	

	

	
"polychlorinated biphenyls" or "PCBs"	
39,78	
268.2(e)	

	

	
"wastewaters"	
78,151	
268.2(f)	

	

	
removed	
78,83,151	
268.2(f)(1)-(2)	

	

		
78,151	
268.2(f)(3)	

	

	
"debris"	
78,83,109,137	
268.2(g)	

	

	
removed	
78,83,109	
268.2(g)(1)-(8)	

	

	
"hazardous debris"	
109,179	
268.2(h)	

	

	
"underlying hazardous constituent"	
124,137,
151,167A	
268.2(i)	

	

	
"inorganic metal bearing waste"	
151	
268.2(j)	

	

	
Asoil@	
H167B,
179	
268.2(k)	

	

5	
[paragraph added by Rule 151 were withdrawn by Rule 151.1]	
151	
268.2(l)	

	

	
DILUTION PROHIBITED AS A SUBSTITUTE FOR TREATMENT	

5,	
except as provided in 268.3(b), dilution not substitute for treatment; restriction regarding circumvention of effective dates and avoidance of prohibition of Subpart C or RCRA 3004	
34,39,78,
151	
268.3(a)	

	

	
permissible forms of dilution related to Sections 307 or 402 of the CWA; exception for D003 reactive cyanide wastewater or nonwastewater	
78,102,
151	
268.3(b)	

	

	
combustion of hazardous waste codes listed in part 268 Appendix XI is prohibited unless the waste complies with one or more criteria of 268.3(c)(1)-(6)	
151	
268.3(c)	

	

	
the waste contains hazardous organic constituents or cyanide at levels exceeding the constituent-specific treatment standard of 268.48	
151	
268.3(c)(1)	

	

	
the waste consists of organic, debris-like materials contaminated with an inorganic metal-bearing hazardous waste	
151	
268.3(c)(2)	

	

	
the waste, at the point of generation, has reasonable heating value	
151	
268.3(c)(3)	

	

	
the waste is co-generated with waste for which combustion is a required method of treatment	
151	
268.3(c)(4)	

	

	
the waste is subject to Federal and/or State requirements necessitating reduction of organics	
151	
268.3(c)(5)	

	

	
the waste contains greater than 1% Total Organic Carbon (TOC)	
151	
268.3(c)(6)	

	

	
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 	
167A	
268.3(d)	

	

H	
TREATMENT SURFACE IMPOUNDMENT EXEMPTION	

when prohibited wastes may be treated in a surface impoundment	
34	
268.4(a)	

	

	
treatment occurs in impoundments	
34	
268.4(a)(1)	

	

	
soft hammer wastes in treatment surface impoundments that meet a list of conditions:	
34,39,50	
268.4(a)(2)	

	

	
sampling and testing requirements for wastes with and without treatment standards; supernatant and sludge samples tested separately	
50	
268.4(a)(2)(i)	

	

	
annual removal of specific residues; flow-through standard of removal for supernatant	
50,167C	
268.4(a)(2)(ii)	

	

	
subsequent management of treatment residues in another impoundment is prohibited	
50,167C	
268.4(a)(2)(iii)	

	

	
sampling and testing and recordkeeping provisions of 264.13 and 265.13 of this chapter apply	
50,157	
268.4(a)(2)(iv)	

	

	
design requirements/exemptions	
34	
268.4(a)(3)	

	

	
exempt under 264.221(d) or (e) or 265.221(c) or (d)	
34	
268.4(a)(3)(i)	

	

	
conditions under which Administrator grants waiver of requirements; meets '3005(j)(2)	
34	
268.4(a)(3)(ii)	

	

			
268.4(a)(3)(ii)(A)	

	

			
268.4(a)(3)(ii)(B)	

	

			
268.4(a)(3)(ii)(C)	

	

	
modification granted on basis of a demonstration of no migration into groundwater or surface water at any future time; satisfies '3005(j)(11) no migration	
34	
268.4(a)(3)(iii)	

	

	
submittal of written certification	
34,157	
268.4(a)(4)	

	

	
evaporation of hazardous constituents not considered treatment for exemption purposes	
39	
268.4(b)	

	

	
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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:	
34	
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	
34	
268.5(a)(1)	

	

	
binding contractual commitment to construct or provide alternate treatment, recovery (e.g., recycling), or disposal capacity that meets Subpart D treatment standards; requirements when no treatment standards	
34,39	
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	
34	
268.5(a)(3)	

	

	
capacity being constructed or provided by applicant must be sufficient to manage entire quantity of waste	
34	
268.5(a)(4)	

	

	
detailed schedule for obtaining required permits or outlines of how and when alternate capacity will be available	
34	
268.5(a)(5)	

	

	
arranged for adequate capacity during extension and documented in all site locations where wastes will be managed	
34	
268.5(a)(6)	

	

	
surface impoundment or landfill used must meet 268.5(h)(2) requirements	
34	
268.5(a)(7)	

	

	
certification by authorized representative signing an application	
34	
268.5(b)	

	

	
Administrator may request additional information	
34	
268.5(c)	

	

	
extension applies only to waste generated at individual facility covered by extension	
34	
268.5(d)	

	

	
Administrator may grant extension of up to 1 year from effective date; extension for 1 additional year if 268.5(a) demonstration can still be made; no extension beyond 24 months from 268, Subpart C effective date; length of extension determined by Administrator and basis; public notice and comment; final decision published in Federal Register	
34	
268.5(e)	

	

	
notify Administrator of change in certified conditions	
34	
268.5(f)	

	

	
written progress reports at intervals designated by Administrator; what progress reports must include; conditions for revocation of extension by Administrator	
34	
268.5(g)	

	

	
during period established by Administrator for which extension is in effect:	
34	
268.5(h)	

	

	
268.50(a) storage restrictions do not apply	
34,39	
268.5(h)(1)	

	

	
conditions for disposal in landfill or surface impoundment regardless of whether unit is existing, new, replacement or lateral extension	
34,50,66	
268.5(h)(2)	

	

	
interim status landfill requirements	
34	
268.5(h)(2)(i)	

	

	
permitted landfill requirements	
34,109	
268.5(h)(2)(ii)	

	

	
interim status surface impoundment requirements	
34,39	
268.5(h)(2)(iii)	

	

	
permitted surface impoundment requirements	
34,109	
268.5(h)(2)(iv)	

	

	
surface impoundments newly subject to RCRA 3006(j); compliance with 265 Subpart F within 12 months and with 265.221(a), (c), and (d) within 48 months; effect of a national capacity variance	
109	
268.5(h)(2)(v)	

	

13	
requirements for landfills disposing of specified PCB waste	
39,109	
268.5(h)(2)(vi)	

	

	
pending decision on application, compliance with all legal disposal restrictions once effective date has been reached	
34	
268.5(i)	

	

	
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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:	
34	
268.6(a)	

	

	
identify specific unit and waste	
34	
268.6(a)(1)	

	

	
waste analysis	
34	
268.6(a)(2)	

	

	
comprehensive disposal unit characterization	
34	
268.6(a)(3)	

	

	
monitoring plan detecting migration at the earliest time	
50	
268.6(a)(4)	

	

	
sufficient information to assure Administrator that owner/operator is in compliance with other applicable Federal, State and local laws	
50	
268.6(a)(5)	

	

	
demonstration criteria:	
50	
268.6(b)	

	

	
data must be accurate and reproducible	
50	
268.6(b)(1)	

	

	
Administrator approved sampling, testing and estimation techniques	
34	
268.6(b)(2)	

	

	
model calibration; models verified with actual data	
34	
268.6(b)(3)	

	

	
quality assurance/control plan approved by Administrator	
34	
268.6(b)(4)	

	

	
uncertainty analysis	
34	
268.6(b)(5)	

	

	
what each petition must include:	
50	
268.6(c)	

	

	
monitoring plan including description of monitoring program to verify continued compliance with variance; information which must be included:	
50	
268.6(c)(1)	

	

	
media monitored	
50	
268.6(c)(1)(i)	

	

	
type of monitoring	
50	
268.6(c)(1)(ii)	

	

	
monitoring station location	
50	
268.6(c)(1)(iii)	

	

	
monitoring interval	
50	
268.6(c)(1)(iv)	

	

	
specific hazardous constituents to be monitored	
50	
268.6(c)(1)(v)	

	

	
monitoring program implementation schedule	
50	
268.6(c)(1)(vi)	

	

	
monitoring station equipment	
50	
268.6(c)(1)(vii)	

	

	
sampling and analytical techniques employed	
50	
268.6(c)(1)(viii)	

	

	
data recording/reporting procedures	
50	
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	
50	
268.6(c)(2)	

	

	
268.6(c)(1) monitoring data sent to Administrator according to monitoring plan must be according to approved format and schedule	
50	
268.6(c)(3)	

	

	
monitoring data as per 268.6(c)(1) monitoring plan must be kept in on-site operating record	
50	
268.6(c)(4)	

	

	
criteria the 268.6(c)(1) monitoring program must meet:	
50	
268.6(c)(5)	

	

	
Administrator approval for all sampling, testing, and analytical data; data accurate and reproducible	
50	
268.6(c)(5)(i)	

	

	
Administrator approval of all estimation and monitoring techniques	
50	
268.6(c)(5)(ii)	

	

	
QA/QC plan for all aspects of monitoring program provided to and approved by Administrator	
50	
268.6(c)(5)(iii)	

	

14,	
petition submitted to Administrator	
34,50	
268.6(d)	

	

15	
reporting of changes at unit and/or surrounding environment that significantly depart from variances and affect migration potential	
50	
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	
50	
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	
50	
268.6(e)(2)	

	

15	
owner/operator responsibilities if hazardous waste migration:	
50	
268.6(f)	

	

	
immediate suspension of prohibited waste receipt	
50,66	
268.6(f)(1)	

	

	
within 10 days written notification to Administrator	
50	
268.6(f)(2)	

	

	
Administrator decision within 60 days as to continued receipt of prohibited waste; Administrator determines if further examination of any migration warranted	
50	
268.6(f)(3)	

	

15	
signed statement	
34,50	
268.6(g)	

	

15	
Administrator may request additional information	
34,50	
268.6(h)	

	

15	
waste unit to which petition applies	
34,50	
268.6(i)	

	

15	
Administrator gives public notice in Federal Register; final decision in Federal Register	
34,50	
268.6(j)	

	

15	
term of petition	
34,50	
268.6(k)	

	

15	
requirements prior to Administrator's decision	
34,50	
268.6(l)	

	

15	
petition granted by Administrator does not relieve responsibilities under RCRA	
34,50	
268.6(m)	

	

15	
noneligibility of certain liquid PCB wastes for "no migration" petitions under 268.6	
39,50	
268.6(n)	

	

	
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WASTE ANALYSIS AND RECORDKEEPING	

requirements for generators	
157	
268.7(a) intro	

	

16	
generator of hazardous waste must determine if it has to be treated before it can be land disposed and some soils are contaminated by such hazardous waste; this is done by determining if the waste meets treatment standards in 268.40, 268.45, or 268.49; determination can be made in two ways: test the waste; or use knowledge of the waste; for testing, method 1311 is used and land treatment methods of 268.40 and 268.42 may apply; if characteristic waste, generators must comply with 268.9	
34,39,50,83,124,126,137,151,157,H167B	
268.7(a)(1)	

	

16	

removed	
34,137,157	
268.7(a)(1)(i)	

	

		
34,39,78,83,124,137,151,157	
268.7(a)(1)(ii)	

	

		
34,109,137,157	
268.7(a)(1)(iii)	

	

		
109,137,151,157	
268.7(a)(1)(iv)	

	

		
34,109,137,151,157	
268.7(a)(1)(v)	

	

		
137,151	
268.7(a)(1)(vi)	

	

	
if waste or contaminated soil does not meet treatment standard, one-time notice with initial shipment of waste to each treatment or storage facility receiving waste; the generator must place a copy in the file; notice must include information in 268.7(a)(2) column of 268.7(a)(4) table; no further notice is necessary unless waste or facility change	
34,39,50,109,137,157,H167B	
268.7(a)(2)	

	

	
for contaminated soil certification statement should be included, signed by an authorized representative; certification statement 	
H167B	
268.7(a)(2)(i)	

	

17	
reserved	
H167B	
268.7(a)(2)(ii)	

	

	
if waste or contaminated soil meets treatment standard at original point of generation	
34,50,66,
137,157, H167B	
268.7(a)(3) intro	

	

	
with initial shipment of waste, generator must send one-time written notice to each treatment/storage/ disposal facility receiving waste, and place a copy in the file; notice must include information in the 268.7(a)(3) column of 268.7(a)(4) table; certification statement 	
50,137,157	
268.7(a)(3)(i)	

	

	
for contaminated soil, with initial shipment of wastes generator must send notice & place copy in file; notice to include information in 268.7(a)(4) table	
50,78,83,137,151,157,H167B	
268.7(a)(3)(ii)	

	

H,	
if waste changes, generator must send new notice & certification to receiving facility, & place copy in files; generators excluded under 261.3(f) are not subject to these requirements	
183	
268.7(a)(3)(iii)	

	

	
removed	
50,109,
137,157	
268.7(a)(3)(iv)-(vii)	

	

,	
certain exemptions from the requirement that hazardous wastes or contaminated soil meet treatment standards before land disposed include but are not limited to case-by-case extensions under 268.5, disposal in a no-migration unit under 268.6 or national capacity variance or case by case capacity variance under subpart C;  with initial shipment, generator must send one-time written notice to each land disposal facility for exempted waste or soil; notice must include information in 268.7(a)(4) column of 268.7(a)(4) table; changed waste requires further notice; table 	
157,H167B,
179	
268.7(a)(4)	

	

21	
for prohibited waste or contaminated soil managed in tanks, containers, or containment buildings under 262.34 and treated to meet 268.40 standards, waste analysis plan to be developed, followed and kept on-site; generators treating hazardous debris under 268.45, Table 1 alternative LDR treatment standards not subject to analysis requirements	
50,66,78,109,137, 157, H167B	
268.7(a)(5)	

	

	
waste analysis plan based on detailed chemical and physical analysis of representative sample; contain information necessary to treat waste in accordance with 268 requirements	
50,78, 137,157	
268.7(a)(5)(i)	

	

23	
plan must be kept on-site and made available to inspectors	
50,78, 137,157	
268.7(a)(5)(ii)	

	

23	
compliance with 268.7(a)(3) notification requirements for wastes shipped off-site	
50,78, 137,157	
268.7(a)(5)(iii)	

	

23	
removed	
50,78	
268.7(a)(4)(iv)	

	

21	
maintenance of data supporting knowledge of waste or contaminated soil; retention of waste analysis data on-site in files	
34,50, 137,157, H167B	
268.7(a)(6)	

	

	
conditions under which a generator, managing a restricted waste excluded from the definition of hazardous or solid waste, must place a one-time notice, in the facility's file, containing specified information	
83,137, 157,167C	
268.7(a)(7)	

	

24	
three-year retention period for notices, certifications, demonstrations, etc., produced relative to 268.7; extensions during unresolved enforcement actions; requirements apply to solid wastes even when hazard characteristic is removed prior to disposal or when waste excluded from definition of hazardous or solid waste in 261.2 through 261.6 or exempted from RCRA Subtitle C regulation subsequent to the point of generation	
50,83, 137,157	
268.7(a)(8)	

	

H, 24,	
if generator is managing lab packs containing hazardous waste and wishes to use alternative treatment method in 268.42(c):	
78,83, 137,157	
268.7(a)(9)	

	

H	
with initial shipment of waste, generator must submit notice with information in the 268.7(a)(9) column of the 268.7(a)(4) table; certification must be placed in files; replace old certification with new certification	
157	
268.7(a)(9)(i)	

	

H	
no further notification is necessary until wastes or receiving facility change in which case new notice and certification must be sent and copy placed in files	
157	
268.7(a)(9)(ii)	

	

H	
if lab pack contains characteristic hazardous wastes (D001-D043), underlying hazardous constituents need not be determined	
157	
268.7(a)(9)(iii)	

	

H	
generator must also comply with requirements in 268.7(a)(6) and (a)(7) 	
157	
268.7(a)(9)(iv)	

	

24,	
notification and certification requirements for small quantity generators with tolling agreements pursuant to 40 CFR 262.20(e)	
78,83,137	
268.7(a)(10)	

	

	
treatment facility testing at frequency specified in waste analysis plan	
34,39,50, 157	
268.7(b)	

	

	
testing when standards are expressed in waste extract	
50,157, H167B	
268.7(b)(1)	

	

27,	
testing for wastes or contaminated soil with treatment standards expressed as concentrations in waste	
50,157, H167B	
268.7(b)(2)	

	

27,28	
one- time notice must be sent with initial shipment of waste or contaminated soil to land disposal facility; copy of notice must be placed in facility's file 	
34,50,109,157, H167B	
268.7(b)(3)	

	

17,19,28	
no further notification is necessary until waste or receiving facility change in which case new notice must be sent and copy placed in facility's file	
34,50,157	
268.7(b)(3)(i)	

	

28	
information the one-time notice must include	
34,39,50,78,83,124,137,151,157,167C,179	
268.7(b)(3)(ii)	

	

28,	
removed	
34,50,157	
268.7(b)(3)(iii)	

	

			
268.7(b)(3)(iv)	

	

27,28	
treatment facility must submit a one-time certification signed by an authorized representative with initial shipment of waste or treatment residue of restricted waste to land disposal facility; certification; a certification is also necessary for contaminated soil; certification	
34,39,50,109,157, H167B	
268.7(b)(4) intro	

	

28	
copy of the certification must be placed in treatment facility's on-site files; if waste or treatment residue changes, new notice must be sent and copy placed in files 	
34,39,50,
78,157	
268.7(b)(4)(i)	

	

28	
debris excluded from definition of hazardous waste in 261.3(e) is subject to notification and certification requirements of 268.7(d)	
34,50,157	
268.7(b)(4)(ii)	

	

28	
for wastes with organic constituents having treatment standards expressed as concentration levels, if compliance with treatment standards is based in whole or in part on analytical detection limit alternative specified in 268.40(d), certification, signed by authorized representative; certification statement 	
78,157	
268.7(b)(4)(iii)	

	

28,	
for characteristic wastes subject to 268.40 that are reasonably expected to contain 268.2(i) hazardous constituents which are treated on-site and then sent off-site, the certification must state; certification statement	
137,151,157,167C,
179	
268.7(b)(4)(iv)	

	

28,30	
for characteristic wastes containing underlying hazardous constituents as defined in 268.2(i) that are treated on-site to hazardous constituent levels in 268.48, the certification must state; certification statement 	
151,157, 167C	
268.7(b)(4)(v)	

	

28	
compliance with generator notice and certification requirements if waste sent off-site	
50,157, 167C	
268.7(b)(5)	

	

28,, 	
no 268.7(b)(3) notification for recyclable materials used in a manner constituting disposal and subject to 266.20(b); with each shipment 268.7(b)(4) certification and 268.7(b)(3) notice to Regional Administrator; records of recipients of waste-derived products	
50,66,78,157,167C	
268.7(b)(6)	

	

	
requirements for land disposal facility except where the owner or operator is disposing recyclable wastes pursuant to 266.20(b):	
34,39,50,
78	
268.7(c)	

	

33	
have copies of notice and certifications under 268.7(a) or (b)	
34,39,50,157	
268.7(c)(1)	

	

33	
test of waste or extract; applicable treatment standards to be met; frequency of testing	
39,50,157	
268.7(c)(2)	

	

	
removed	
50,78	
268.7(c)(3)	

	

34	
removed	
66,78	
268.7(c)(4)	

	

	
notification and certification requirements for generators or treaters who first claim that hazardous debris is excluded from the definition of hazardous waste under 261.3(e)	
109,137	
268.7(d)	

	

	
one-time notification including specified information	
109,137	
268.7(d)(1)	

	

		
109	
268.7(d)(1)(i)	

	

			
268.7(d)(1)(ii)	

	

			
268.7(d)(1)(iii)	

	

	
when notification must be updated	
109	
268.7(d)(2)	

	

	
how the owner or operator must document and certify compliance with Table 1, 268.45 treatment standards	
109	
268.7(d)(3)	

	

			
268.7(d)(3)(i)	

	

			
268.7(d)(3)(ii)	

	

			
268.7(d)(3)(iii)	

	

	
generators & treaters who receive a determination that contaminated soil subject to 268.49(a) no longer contains a listed hazardous waste and determine that contaminated soil no longer exhibits a characteristic of hazardous waste must:	
H167B	
268.7(e) intro	

	

	
prepare a one-time only documentation of determinations including supporting information and,	
H167B	
268.7(e)(1)	

	

	
maintain that information in the facility files & other records for a minimum 3 years	
H167B	
268.7(e)(2)	

	

	
removed and reserved	
50,66,78,
151	
268.8	

	

	
SPECIAL RULES REGARDING WASTES THAT EXHIBIT A CHARACTERISTIC	

determination of applicable treatment standards under Subpart D of Part 268 by initial generator of a solid waste; code designation and exceptions; if generator determines that waste displays hazardous characteristic, generator must determine defined hazardous constituent except for certain D001 wastes	
78,83,124,137,151,157	
268.9(a)	

	

	
the treatment standard for the waste code listed in 40 CFR Part 261, Subpart D will operate for wastes both listed under Part 261 Subpart D and exhibit a characteristic under Subpart C of Part 261; conditions under which treatment standards for all applicable listed and characteristic waste codes must be met	
78	
268.9(b)	

	

	
no prohibited waste which exhibits a characteristic under 40 CFR Part 261, Subpart C may be land disposed unless waste complies with Part 268, Subpart D treatment standards	
78	
268.9(c)	

	

5	
wastes that exhibit a characteristic are subject to 268.7 requirements; once wastes are no longer hazardous, place one-time notification and certification in generator's/treater's files and send to EPA region or authorized State; when notification and certification must be updated; annual EPA/State notification if such changes occur, by December 31	
78,109,
151	
268.9(d)	

	

5,	
information needed with each notification	
78	
268.9(d)(1)	

	

		
78,109,
137,151	
268.9(d)(1)(i)	

	

		
78,83,
109,137,
151,157	
268.9(d)(1)(ii)	

	

37	
removed	
78,109,
137	
268.9(d)(1)(iii)	

	

	
certification signed by authorized representative stating language found in 268.7(b)(5)	
78,109,179	
268.9(d)(2)	

	

	
if treatment removes the characteristic but does not treat underlying hazardous constituents, then the certification found in '268.7(b)(5)(iv) applies	
137,179	
268.9(d)(2)(i)	

	

	
reserved	
137	
268.9(d)(2)(ii)	

	

	
[subparagraphs added by Rule 151, withdrawn by Rule 151.1]	
151	
268.9(d)(3)	

	

	
[paragraphs added by Rule 151, withdrawn by Rule 151.1]	
151	
268.9(e)-(g)	

	

	
SUBPART B - SCHEDULE FOR LAND DISPOSAL PROHIBITION AND ESTABLISHMENT OF TREATMENT STANDARDS	

SURFACE IMPOUNDMENT EXEMPTIONS	

defines additional circumstances in which prohibited waste may continue to be placed in a surface impoundment	
109	
268.14(a)	

	

	
continued storage of "newly identified waste" in newly regulated impoundment for 48 months after the promulgation of the additional listing or characteristic provided waste is not otherwise prohibited and impoundment is in compliance with 265, subpart F within 12 months after new listing/characteristic promulgation	
109	
268.14(b)	

	

	
continue treatment of "newly identified waste" in newly regulated impoundment, provided waste is not otherwise prohibited, and surface impoundment is in compliance with 265, Subpart F within 12 months after new listing/characteristic promulgation	
109	
268.14(c)	

	

	
SUBPART C - PROHIBITIONS ON LAND DISPOSAL	

WASTE SPECIFIC PROHIBITIONS - WOOD PRESERVING WASTES	

effective August 11, 1997, the following wastes are prohibited from land disposal:  F032, F034, F035 	
34,157	
268.30(a)	

	

	
removed	
34,157	
268.30(a)(1)	

	

	
removed	
34,50,157	
268.30(a)(2)	

	

	
removed	
34,50,157	
268.30(a)(3)	

	

	
removed	
39,157	
268.30(a)(4)	

	

	
effective May 12, 1999, soil and debris contaminated with F032, F034, F035 and radioactive wastes mixed with F032, F034, F035 are prohibited from land disposal 	
34,50,157	
268.30(b)	

	

	
between May 12, 1997 and May 12, 1999, soil and debris contaminated with F032, F034, F035 and radioactive waste mixed with F032, F034, F035 may be disposed in a landfill or surface impoundment only if 268.5(h)(2) requirements are met 	
50,157	
268.30(c)	

	

41	
requirements of 268.30(a) and (b) do not apply if:	
34,50,157	
268.30(d)	

	

	
wastes treated to meet Subpart D of Part 268	
34,50,157	
268.30(d)(1)	

	

	
disposal at facility with successful no-migration petition	
34,50,157	
268.30(d)(2)	

	

	
the wastes meet the applicable alternate treatment standards established pursuant to a petition granted under 268.44	
157	
268.30(d)(3)	

	

42	
wastes and units for which case-by-case extensions have been granted	
34,50,157	
268.30(d)(4)	

	

	
to determine whether a hazardous waste identified in 268.40 exceeds applicable treatment standards, initial generator must test a sample of waste extract or entire waste; if waste contains constituents in excess of applicable treatment levels of 268.48, waste is prohibited from land disposal and all requirements of 268 are applicable unless otherwise specified	
157	
268.30(e)	

	

	
WASTE SPECIFIC PROHIBITIONS - DIOXIN-CONTAINING WASTES	

effective November 8, 1988, the dioxin-containing wastes, F020-F023 and F026-F028, are prohibited from land disposal unless a specific condition applies:	
34,50	
268.31(a)	

	

	
these wastes are contaminated soil and debris waste resulting from response action under CERCLA or from a RCRA corrective action	
50	
268.31(a)(1)	

	

	
prohibit land disposal of F020-F023 and F026-F028 dioxin-containing wastes of 268.31(a)(1) effective November 8, 1990	
50	
268.31(b)	

	

	
between November 8, 1988, and November 8, 1990, wastes of 268.31(a)(1) disposed in landfill or surface impoundment must meet 268.5(h)(2) and applicable 264 and 265 requirements	
34,50	
268.31(c)	

	

43	
situations where 268.31(a) and (b) do not apply	
34,50	
268.31(d)	

	

	
wastes treated to meet Subpart D, Part 268 standards	
34,50	
268.31(d)(1)	

	

	
disposal at facility with successful no-migration petition	
34,50	
268.31(d)(2)	

	

	
extension to effective date of a prohibition	
34,50	
268.31(d)(3)	

	

	
WASTE SPECIFIC PROHIBITIONS -- SOILS EXHIBITING THE TOXICITY CHARACTERISTIC FOR METALS AND CONTAINING PCBS	

	
effective December 26, 2000, the following wastes are prohibited from land disposal: soil exhibiting the toxicity characteristic solely because of metals (D004-D011) and containing PCBs	
39,50,66,157,H190	
268.32(a)	

	

	
requirements of 268.32(a) do not apply if:	
H190	
268.32(b) intro	

	

	
wastes contain halogenated organic compounds in total concentration less than 1,000 mg/kg; and	
H190	
268.32(b)(1)(i)	

	

	
wastes meet 268 subpart D treatment standards for D004-D011, as applicable; or	
H190	
268.32(b)(1)(ii)	

	

	
wastes contain halogenated organic compounds in total concentration less than 1,000 mg/kg; and	
H190	
268.32(b)(2)(i)	

	

	
wastes meet 268.49 alternative treatment standards for contaminated soil; or	
H190	
268.32(b)(2)(ii)	

	

	
persons have been granted an extension from prohibition pursuant to 268.6 with respect to wastes and units covered by petition; or	
H190	
268.32(b)(3)   	

	

	
wastes meet alternative treatment standards pursuant to 268.44 petition	
H190	
268.32(b)(4)   	

	

	
WASTE SPECIFIC PROHIBITIONS B CHLORINATED ALIPHATIC WASTES	

effective May 8, 2001, wastes K174 and K175, soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal	
50,66,83, 157,165, H185, 189	
268.33(a)	

	

	
requirements of 268.33(a) do not apply if:	
189	
268.33(b) intro	

	

	
wastes meet treatment standards specified in 268 subpart D;	
189	
268.33(b)(1)	

	

	
exemption from a prohibition pursuant to petition granted under 268.6, with respect to wastes and units covered by the petition;	
189	
268.33(b)(2) 	

	

	
wastes meet treatment standards established pursuant to petition granted under 268.44;	
189	
268.33(b)(3) 	

	

	
hazardous debris has met treatment standards in 268.40 or alternative treatment standards in 268.45; or	
189	
268.33(b)(4)	

	

	
extension to effective date of prohibition granted pursuant to 268.5, with respect to wastes covered by extension	
189	
268.33(b)(5)	

	

	
to determine if identified hazardous waste exceeds 268.40 treatment standards, initial generator must test waste, or use knowledge of waste; if waste contains regulated constituents in excess of 268 subpart D levels, waste is prohibited from land disposal, and all requirements of part 268 are applicable, except as otherwise specified	
189	
268.33(c)	

	

	
disposal of K175 wastes  complying with 268.40 treatment standards must also be macroencapsulated in accordance with 268.45 Table 1 unless waste is placed in:	
189	
268.33(d) intro	

	

	
Subtitle C monofill containing only applicable K175 wastes that meet 268.40 treatment standards; or	
189	
268.33(d)(1)	

	

	
dedicated Subtitle C landfill cell in which other co-disposed wastes are at pH#6.0	
189	
268.33(d)(2)	

	

	
WASTE SPECIFIC PROHIBITIONS - TOXICITY CHARACTERISTIC METAL WASTES	

effective August 24, 1998, the specified wastes are prohibited from land disposal	
63,157,
167A	
268.34(a)	

	

H,	
effective November 26, 1998, slags from secondary lead smelting which exhibit the Toxicity Characteristic due to one or more metals, are prohibited from land disposal	
172	
268.34(b)	

	

47	
effective May 26, 2000, the specified wastes are prohibited from land disposal	
167A,H172	
268.34(c)	

	

47	
between May 26, 1998 and May 26, 2000, newly identified characteristic wastes mixed with D004BD011 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)	
167A,H172	
268.34(d)	

	

47	
requirements of 268.34(a) & (b) do not apply if:	
167A,H172	
268.34(e)	

	

47	
wastes meet applicable treatment standards specified in part 268, subpart D	
167A,H172	
268.34(e)(1)	

	

47	
persons have been granted an exemption from prohibition pursuant to a petition under 268.6, with respect to wastes & units covered	
167A,H172	
268.34(e)(2)	

	

47	
wastes meet applicable alternate treatment standards pursuant to a petition under 268.44; or	
167A,H172	
268.34(e)(3)	

	

47	
persons have been granted an exemption to the effective date of a prohibition pursuant to 268.5, with respect to wastes covered by extension	
167A,H172	
268.34(e)(4)	

	

47	
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	
167A,H172	
268.34(f)	

	

	
WASTE SPECIFIC PROHIBITIONS-PETROLEUM REFINING WASTES	

effective February 8, 1999, wastes K169-K172, soils and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soils and debris contaminated with  radioactive wastes mixed with these wastes are prohibited from land disposal	
78,83,
103,106,
116,123,
157,169	
268.35(a)	

	

	
requirements of 268.35(a) do not apply if:	
169	
268.35(b)	

	

	
wastes meet treatment standards specified in 268 subpart D;	
169	
268.35(b)(1)	

	

	
exemption from a prohibition pursuant to petition granted under 268.6, with respect to wastes and units covered by the petition;	
169	
268.35(b)(2)	

	

	
wastes meet treatment standards established pursuant to petition granted under 268.44;	
169	
268.35(b)(3)	

	

	
hazardous debris meeting treatment standards in 268.40 or alternative treatment standards in 268.45; or	
169	
268.35(b)(4)	

	

	
extension to effective date of prohibition granted pursuant to 268.5, with respect to wastes covered by extension	
169	
268.35(b)(5)	

	

	
to determine if hazardous wastes identified in 268.35 exceeds 268.40 treatment standards, initial generator must test waste, or use knowledge of waste; if waste contains constituents in excess of UTS levels of 268.48, waste is prohibited from land disposal, and all requirements of part 268 are applicable, except as otherwise specified	
169	
268.35(c)	

	

	
effective May 20, 2002, wastes K176-K178, soils and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soils and debris contaminated with  radioactive wastes mixed with these wastes are prohibited from land disposal	
109,157, 195	
268.36(a)	

	

	
requirements of 268.36(a) do not apply if:	
195	
268.36(b)	

	

	
wastes meet treatment standards specified in 268 subpart D;	
195	
268.36(b)(1)	

	

	
exemption from a prohibition pursuant to petition granted under 268.6, with respect to wastes and units covered by the petition;	
195	
268.36(b)(2)	

	

	
wastes meet treatment standards established pursuant to petition granted under 268.44;	
195	
268.36(b)(3)	

	

	
hazardous debris meeting treatment standards in 268.40 or alternative treatment standards in 268.45; or	
195	
268.36(b)(4)	

	

	
extension to effective date of prohibition granted pursuant to 268.5, with respect to wastes covered by extension	
195	
268.36(b)(5)	

	

	
to determine if hazardous wastes identified in 268.36 exceeds 268.40 treatment standards, initial generator must test waste, or use knowledge of waste; if waste contains constituents in excess of UTS levels of 268.48, waste is prohibited from land disposal, and all requirements of part 268 are applicable, except as otherwise specified	
195	
268.36(c)	

	

	
WASTE SPECIFIC PROHIBITIONS - IGNITABLE AND CORROSIVE CHARACTERISTIC WASTES WHOSE TREATMENT STANDARDS WERE VACATED	

effective August 9, 1993, wastes specified in 261.21 as D001 (and not in the High TOC Ignitable Liquids subcategory) and in 261.22 as D002 that are managed in systems other than those whose discharge is regulated under the CWA or that inject in Class I deep wells regulated under the SDWA or are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal; CWA-equivalent treatment defined	
124	
268.37(a)	

	

	
effective February 10, 1994, wastes specified in 261.21 as D001 (and not in the High TOC Ignitable Liquids subcategory) and in 261.22 as D002 that are managed in systems defined in 40 CFR 144.6(e) and 146.6(e) as Class V injection wells that do not engage in CWA-equivalent treatment before injection are prohibited from land disposal	
124	
268.37(b)	

	

	
WASTE SPECIFIC PROHIBITIONS - NEWLY IDENTIFIED ORGANIC TOXICITY CHARACTERISTIC WASTES AND NEWLY LISTED COKE BY-PRODUCT AND CHLOROTOLUENE PRODUCTION WASTES	

land disposal prohibitions for specified wastes as of December 19, 1994; definition of CWA-equivalent treatment	
137	
268.38(a)	

	

	
September 19, 1996 land disposal prohibition of radioactive wastes mixed with DO18-DO43 meeting certain criteria; definition of CWA-equivalent treatment; similar prohibition for radioactive wastes mixed with K141-K145 and K147-K151 and for soil and debris contaminated with these radioactive mixed wastes	
137	
268.38(b)	

	

	
where 268.38(b) wastes may be disposed of between December 19, 1994 and September 19, 1996	
137	
268.38(c)	

	

	
when the requirements of 268.38(a), (b), and (c) do not apply:	
137	
268.38(d)	

	

	
wastes meet applicable Part 268, Subpart D treatment standards	
137	
268.38(d)(1)	

	

	
exemption pursuant to a 268.6 petition	
137	
268.38(d)(2)	

	

	
wastes meet alternate treatment standards pursuant to 268.44	
137	
268.38(d)(3)	

	

	
granted an extension to the effective date of a prohibition pursuant to 268.5	
137	
268.38(d)(4)	

	

	
how to and who determines whether a hazardous waste identified in 268.38 exceeds applicable treatment standards specified in 268.40	
137	
268.38(e)	

	

	
WASTE SPECIFIC PROHIBITIONS - SPENT ALUMINUM POTLINERS; REACTIVE; AND CARBAMATE WASTES	

specified wastes and soil and debris contaminated with these wastes are prohibited from land disposal as of July 8, 1996	

151,H159 	
268.39(a)	

	

	
as of July 8, 1996, D003 wastes are prohibited from land disposal; exceptions	
151	
268.39(b)	

	

	
on September 21, 1998, K088 waste and soil and debris contaminated with these wastes are prohibited from land disposal	
151,155,160,173	
268.39(c)	

	

	
radioactive wastes mixed with specified wastes and soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal as of April 8, 1998	
151,H159	
268.39(d)	

	

	
between July 8, 1996 and April 8, 1998, the wastes listed in 268.39(a),(c), and (d) may be disposed in a landfill or surface impoundment only if such unit complies with the requirements of 268.5(h)(2)	
151	
268.39(e)	

	

	
the requirements of 268.39(a)-(d) do not apply if:	
151	
268.39(f)	

	

	
the wastes meet the treatment standards specified in part 268 subpart D	
151	
268.39(f)(1)	

	

	
persons have been granted an exemption from a prohibition pursuant to a petition under 268.6, with respect to the wastes and units covered by the petition	
151	
268.39(f)(2)	

	

	
the wastes meet the applicable alternate treatment standards established pursuant to a petition granted under 268.44	
151	
268.39(f)(3)	

	

	
persons have been granted an extension to the effective date of a prohibition pursuant to 268.5, with respect to the wastes covered by the extension	
151	
268.39(f)(4)	

	

	
to determine whether a hazardous waste identified in 268.39 exceeds the applicable treatment standards specified in 268.40, the initial generator must test a sample of the waste extract, test the entire waste, or use knowledge of the waste; the waste is prohibited from land disposal, and part 268 requirements apply if the waste contains constituents exceeding part 268 subpart D levels, except as otherwise specified	
151	
268.39(g)	

	

	
SUBPART D - TREATMENT STANDARDS	

APPLICABILITY OF TREATMENT STANDARDS	

when a prohibited waste identified in "Treatment Standards for Hazardous Wastes" may be land disposed	
34,H39,
50,78,83,
126,137,
151	
268.40(a)	

	

	
all hazardous constituents in the waste or in the treatment residue must be at or below the values found in the table for that waste ("total waste standards")	
137	
268.40(a)(1)	

	

	
hazardous constituents in the extract of the waste or in the extract of the treatment residue must be at or below the values found in the table ("waste extract standards")	
137	
268.40(a)(2)	

	

	
waste must be treated using the technology specified in the table ("technology standard"), which are described in detail in 268.42, Table 1 - Technology Codes and Description of Technology-Based Standards	
137	
268.40(a)(3)	

	

	
how to comply for wastewaters; how to comply for nonwastewaters; compliance for wastes covered by the waste extract standards; compliance for wastes covered by a technology standard	
39,109,
124,137	
268.40(b)	

	

	
treatment standards when wastes with differing treatment standards are combined	
50,78,137	
268.40(c)	

	

	
how treatment and disposal facilities demonstrate (and certify pursuant to 40 CFR 268.7(b)(5)) compliance with the treatment standards for organic constituents	
109,137	
268.40(d)	

	

	
treatment standards were established based on incineration in units operated in accordance with Part 264, Subpart O or on combustion in fuel substitution units operating in accordance with applicable technical requirements	
137	
268.40(d)(1)	

	

	
use of methods referenced in 268.40(d)(1) to treat organic constituents	
137	
268.40(d)(2)	

	

	
demonstrate that good-faith analytical efforts achieve detection limits for the regulated organic constituents that do not exceed the treatment standards specified in 268.40 by an order of magnitude	
137	
268.40(d)(3)	

	

	
for characteristic wastes with treatment standards in the "Treatment Standards for Hazardous Wastes" Table, and are not managed in  wastewater treatment system regulated under the CWA, is CWA-equivalent, or is injected into Class I nonhazardous deep injection well, all underlying hazardous constituents must meet Universal Treatment Standards	
137,151, 167A, 167C	
268.40(e)	

	

5	
[subparagraphs added by Rule 151, withdrawn by Rule 151.1]	
151	
268.40(e)(1)-(4)	

	

	
other wastes to which the treatment standards for FOO1-FOO5 nonwastewater constituents carbon disulfide, cyclohexanone, and/or methanol apply; how compliance is measured	
137	
268.40(f)	

	

	
between August 26, 1996 and March 4, 1999, treatment standards for listed carbamate wastes and soil contaminated with those wastes may be satisfied by either meeting constituent concentrations in 268.40 table ATreatment Standards for Hazardous Wastes@ or by treating the waste using specified technologies	
151, 161,171	
268.40(g)	

	

	
prohibited D004BD011 mixed radioactive wastes & mixed radioactive listed wastes containing metals, previously treated & put into storage, do not have to be retreated prior to land disposal	
167A	
268.40(h)	

	

	remove and reserve paragraph (i)	
170,179, 200	
268.40(i)	

	

53	
effective September 4, 1998, treatment standards for certain AP@ and AU@ wastes specified in 261.33 may be satisfied by either meeting constituent concentrations in ATreatment Standards for Hazardous Wastes@ table, or by treating the waste by technologies specified  	
171,179, 183	
268.40(j)	

	

,,,,, ,
	
table "Treatment Standards for Hazardous Waste"	
137,151,157,H159,165, 167A, 167C,169,171,173,
179,183, H185, 189, 195, H201	
268.40/Table	

	

	
TREATMENT STANDARDS EXPRESSED AS CONCENTRATIONS IN WASTE EXTRACT	

note referring to 268.40 for regulations previously found at 268.41 and in Table CCWE	
34,50,63,
78,102,
109,126,
137	
268.41	

	

	
removed	
34,50,63,78,83,95,109,124,
136,137	
268.41(a)/Table CCWE	

	

61	
removed	
34,95,
137	
268.41(b)	

	

61	
removed	
109,137	
268.41(c)	

	

	
TREATMENT STANDARDS EXPRESSED AS SPECIFIED TECHNOLOGIES	

note referring to 268.40 for the requirements previously found in 268.42, tables 2 and 3	
137	
268.42 note	

	

	
treatment of wastes identified in the table in 268.40, must use technology(s) specified in the table entitled ATechnology Codes and Description of Technology-Based Standards@ in 268.42	
34,78,
137,167C	
268.42(a)	

	

	
removed	
39,167C	
268.42(a)(1)	

	

62	
removed	
39,50,78,83, 167C	
268.42(a)(2)	

	

62, 	
removed	
63,78,83, 167C	
268.42(a)(3)	

	

	
removed	
63,78	
268.42(a)(4)	

	

	
Technology Codes and Description of Technology-Based Standards	
78,83,
137,151, 157	
268.42(a)/Table 1	

	

	
removed	
78,83,95,102,109,124,134,
137	
268.42(a)/Table 2	

	

65	
removed	
78,83,137	
268.42(a)/
Table 3	

	

	
*******************************************************************************************
Guidance note:  268.42(b) is NOT DELEGABLE.  States should see Note 2 at the beginning of this checklist regarding how to incorporate this section into their code.	

submit application to Administrator demonstrating alternate treatment can achieve 268.42(a), (c), & (d) performance specifications for wastes or 268.45 Table 1 specifications for hazardous debris; information demonstrating compliance with Federal, State and local requirements; criteria for approval by Administrator; approval in writing containing provisions and conditions as the Administrator deems appropriate; compliance by person to whom approval is issued 	
34,39,78,109	
268.42(b)	

	

	
*******************************************************************************************
*******************************************************************************************	

	

H,25	
Alternate Treatment Standards for Lab Packs	

conditions for eligibility of lab packs for land disposal:	
78	
268.42(c)	

	

	
compliance of lab packs with applicable provisions of 264.316 and 265.316	
78	
268.42(c)(1)	

	

	
lab pack does not contain any Part 268, Appendix IV wastes	
78,137	
268.42(c)(2)	

	

	
incineration of lab packs in accordance with Part 264, Subpart O or Part 265, Subpart O requirements	
78	
268.42(c)(3)	

	

	
treatment standards for incinerator residues from lab packs containing D004, D005, D006, D007, D008, D010 and D011	
78	
268.42(c)(4)	

	

	

	
radioactive mixed wastes are subject to the treatment standards in 268.40; when standards are specified in Table of Treatment Standards, then those govern; where there is no specific standard for radioactive mixed waste, then the treatment standard for the hazardous waste applies; hazardous debris containing radioactive waste is subject to the 268.45 treatment standards 	
78,109,137	
268.42(d)	

	

	
TREATMENT STANDARDS EXPRESSED AS WASTE CONCENTRATIONS	

for requirements previously found in this section and for treatment standards in Table CCW, refer to 268.40	
34,50,63,
78,137	
268.43	

	

67	
removed	
50,62,63,
78,83,
109,124,
137	
268.43(a)/Table CCW	

	

67	
removed	
50,63,137	
268.43(b)	

	

67	
removed	
78,83,137	
268.43(c)	

	

67	
removed	
78,83,137	
268.43(c)(1)-(3)	

	

	
VARIANCE FROM A TREATMENT STANDARD	

5	
based on petition, Administrator may approve a variance from applicable treatment standard if specified conditions are met	
34,151, 162	
268.44(a)	

	

		

162	
268.44(a)(1)	

	

			
268.44(a)(2) intro	

	

			
268.44(a)(2)(i)	

	

			
268.44(a)(2)(ii)	

	

	
procedures in accordance with 260.20	
34	
268.44(b)	

	

	
statement signed by petitioner or authorized representative	
34	
268.44(c)	

	

	
additional information or samples may be requested by Administrator; additional copies for affected States and region	
34	
268.44(d)	

	

	
Administrator gives public notification in Federal Register; final decision in Federal Register	
34	
268.44(e)	

	

	
268.7 waste analysis requirements must be followed for wastes covered by variance	
34	
268.44(f)	

	

	
requirements during petition review	
34	
268.44(g)	

	

	
based on petition, Administrator or delegated representative may approve a site-specific variance from an applicable treatment standard if specified conditions are met	
50,66,162	
268.44(h)	

	

		

162	
268.44(h)(1)	

	

			
268.44(h)(2) intro	

	

			
268.44(h)(2)(i)	

	

			
268.44(h)(2)(ii)	

	

		
H167B	
268.44(h)(3) intro	

	

			
268.44(h)(3)(i)	

	

			
268.44(h)(3)(i)(A)	

	

			
268.44(h)(3)(i)(B)	

	

			
268.44(h)(3)(ii)	

	

			
268.44(h)(4)	

	

		
162, H167B	
268.44(h)(5)	

	

	
260.20(b)(1)-(4) information must be included	
50	
268.44(i)	

	

	
Assistant Administrator or delegated representative may request additional information	
50	
268.44(j)	

	

	
if site-specific treatment standard variance then compliance with 268.7 waste analysis requirements	
50	
268.44(k)	

	

	
during application review process, compliance with land disposal restrictions once effective date for waste reached	
50	
268.44(l)	

	

	
for all variances, petitioner must demonstrate that compliance with treatment variance is sufficient to minimize threats to human health and environment; in evaluating demonstration, EPA may take into account whether a treatment variance should be approved if the waste is to be used in manner constituting disposal under 266.20 through 266.23	
162	
268.44(m)	

	

	
removed and reserved 	
157, 162	
268.44(p)	

	

	
TREATMENT STANDARDS FOR HAZARDOUS DEBRIS	

treatment of hazardous debris prior to land disposal as specified unless EPA determines under 261.3(f)(2) that debris is no longer contaminated with hazardous waste	
109,167C	
268.45(a) intro	

	

	
general; treatment for each 268.45(b) contaminant subject to treatment in accordance with 268.45, Table 1	
109	
268.45(a)(1)	

	

	
characteristic debris; deactivation as specified in 268.45, Table 1	
109	
268.45(a)(2)	

	

	
mixtures of debris types; standards for each debris type must be achieved; if applicable, immobilization must be used last	
109	
268.45(a)(3)	

	

	
mixtures of 268.45(b) contaminant types; 268.45, Table 1 treatment for each contaminant must be used; if applicable, immobilization must be used last	
109	
268.45(a)(4)	

	

	
waste PCBs; hazardous debris subject to both 40 CFR 761 and 268.45 must meet more stringent requirements	
109	
268.45(a)(5)	

	

	
hazardous debris treated for each "contaminant subject to treatment," determined as follows:	
109	
268.45(b)	

	

	
toxicity characteristic debris; those EP constituents for which debris exhibits a toxicity characteristic	
109	
268.45(b)(1)	

	

	
debris contaminated with listed waste; constituents or wastes for which treatment standards are established for the waste under '268.40	
109,137	
268.45(b)(2)	

	

	
cyanide reactive debris; reactive because of cyanide must be treated for cyanide	
109	
268.45(b)(3)	

	

	
when hazardous debris that has been treated is not considered a hazardous waste; hazardous debris contaminated with a listed waste that is treated by a Table 1 immobilization technology must be managed in a Subtitle C facility	
109	
268.45(c)	

	

	
general requirements for treatment residues:	
109	
268.45(d)(1)	

	

	
separate residue from debris by simple physical or mechanical means;	
109	
268.45(d)(1)(i)	

	

	
residue is subject to 268 Subpart D waste-specific treatment standards	
109	
268.45(d)(1)(ii)	

	

	
residue from nontoxic debris, as specified, must be deactivated; not subject to 268 Subpart D waste-specific treatment standards	
109	
268.45(d)(2)	

	

	
residue from cyanide-reactive debris must meet D003 treatment standards in ATreatment Standards for Hazardous Wastes@ at 268.40	
109,167C	
268.45(d)(3)	

	

	
ignitable nonwastewater residue, as specified, must meet technology specified in the treatment standard for D001: Ignitable Liquids	
109,167C	
268.45(d)(4)	

	

	
layers of debris removed by spalling remain subject to 268.45 treatment standards	
109	
268.45(d)(5)	

	

	
alternative treatment standards for hazardous debris	
109	
268.45/Table 1	

	

	
ALTERNATIVE TREATMENT STANDARDS BASED ON HTMR	

refer to 268.40 for treatment standards previously found in this section	
109,137	
268.46	

	

	
removed	
109,137	
268.46/Table 1	

	

	
UNIVERSAL TREATMENT STANDARDS	

Table UTS identifies the hazardous constituents along with the nonwastewater and wastewater treatment standard levels used to regulate most prohibited hazardous wastes with numerical limits; standards cannot be exceeded for determining compliance with treatment standards for underlying hazardous constituents as defined in 268.2(i); compliance measured by analysis of grab samples unless noted in table	
137	
268.48(a)	

	

,,	
Table UTS - Universal Treatment Standards	
137,151, 161,165, 167A, 167C,171,179, H185, 189,H190	
268.48(a)/Table UTS	

	

	
reserved	
	
268.48(b)	

	

H,	
ALTERNATIVE LDR TREATMENT STANDARDS FOR CONTAMINATED SOIL	

applicability; LDRs must be complied with prior to placing contaminated soil into a land disposal unit; chart describes whether compliance with LDRs is necessary prior to placing contaminated soil into a land disposal unit; add table as shown at 63 FR 28751(May 26, 1998)	
167B	
268.49(a)	

	

	
prior to land disposal, contaminated soil identified by 268.49(a) must be treated according to 268.49(c) or 268.48 UTS applicable to contaminating waste and/or applicable characteristic; 268.49(c) treatment standards and the UTS may be modified through a variance approved under 268.44	
167B	
268.49(b)	

	

	
treatment standards for contaminated soils; prior to land disposal, contaminated soil identified by 268.49(a) as needing to comply with LDRs must be treated according to 268.49(c)(1)-(3) or 268.48 UTS	
167B	
268.49(c) intro	

	

19	
all soils; prior to land disposal, all constituents subject to treatment must be treated according to standards specified 	
167B	
268.49(c)(1) intro	

	

		
167B, H183	
268.49(c)(1)(A)	

	

		
167B, H183	
268.49(c)(1)(B)	

	

		
167B	
268.49(c)(1)(C)	

	

	
soils that exhibit characteristic of ignitability, corrosivity or reactivity; in addition to treatment required by 268.49(c)(1), prior to land disposal soils that exhibit a characteristic must be treated to eliminate characteristic	
167B	
268.49(c)(2)	

	

	
soils that contain nonanalyzable constituents; in addition to requirements of 268.49(c)(1)&(2), prior to land disposal specified treatment is required	
167B,179	
268.49(c)(3) intro	

	

			
268.49(c)(3)(A)	

	

			
268.49(c)(3)(B)	

	

	
constituents subject to treatment; when applying soil treatment standards in 268.49(c), constituents subject to treatment are any listed in 268.48, Table UTS that are reasonably expected to be present, with exceptions, and are present at greater than 10 times the UTS; PCBs are not a constituent subject to treatment in soil which exhibits the toxicity characteristic solely because of metals	
167B,
H190	
268.49(d)	

	

	
management of treatment residuals; treatment residuals from treating contaminated soil identified by 268.49(a) must be managed as follows:	
167B	
268.49(e) intro	

	

	
soil residuals are subject to treatment standards of 268.49	
167B	
268.49(e)(1)	

	

	
non-soil residuals are subject to the standards specified	
167B	
268.49(e)(2) intro	

	

			
268.49(e)(2)(A)	

	

			
268.49(e)(2)(B)	

	

	
SUBPART E - PROHIBITIONS ON STORAGE	

PROHIBITIONS ON STORAGE OF RESTRICTED WASTES	

except as provided in 268.50, storage of wastes restricted from land disposal is prohibited unless certain conditions are met:	
34,39	
268.50(a)	

	

	
on-site storage exemption for generator	
34,109	
268.50(a)(1)	

	

	
treatment, storage, and disposal facility exemption	
34,109	
268.50(a)(2)	

	

	
container labeling	
34	
268.50(a)(2)(i)	

	

	
tank labeling	
34	
268.50(a)(2)(ii)	

	

	
transporter exemption	
34	
268.50(a)(3)	

	

	
storage up to one year	
34	
268.50(b)	

	

	
storage longer than one year	
34	
268.50(c)	

	

	
268.50(a) prohibition does not apply if waste is exempt from a prohibition on the type of land disposal utilized for the waste	
34,50,66	
268.50(d)	

	

	
no prohibition where treatment standards are not specified or are met, or compliance with 268.32 or RCRA 3004 exists	
34,H39	
268.50(e)	

	

	
requirements for storage of liquid hazardous wastes containing PCBs at concentrations greater than or equal to 50 ppm	
39	
268.50(f)	

	

H,	
prohibition and requirements in 268.50 do not apply to hazardous remediation wastes stored in staging pile approved pursuant to 265.554	
175	
268.50(g)	

	

	
APPENDIX I TO PART 268	

removed and reserved 	
34,74,126,157	
Appendix I	

	

	
APPENDIX II TO PART 268	

removed and reserved	
34,109, 157	
Appendix II	

	

	
APPENDIX III TO PART 268	

AList of Halogenated Organic Compounds Regulated Under ' 268.32"	
39,157,
H190	
Appendix III	

	

	
APPENDIX IV TO PART 268	

H,25	
WASTES EXCLUDED FROM LAB PACKS UNDER THE ALTERNATIVE TREATMENT STANDARDS OF ' 268.42(c)	

list of EPA hazardous waste codes for hazardous wastes that may not be placed in lab packs under the alternative lab pack treatment standards at 268.42(c)	
78,83,
137	
Appendix IV	

	

	
APPENDIX V TO PART 268	

H,	
removed and reserved	
78,83,
137	
Appendix V	

	

	
APPENDIX VI TO PART 268	

RECOMMENDED TECHNOLOGIES TO ACHIEVE DEACTIVATION OF CHARACTERISTICS IN SECTION 268.42	

treatment standard for many characteristic wastes is stated in 268.40; characteristic wastes that are not managed in a facility must be treated not only by Adeactivating@ but also to achieve UTS for underlying constituents; use of specified technologies not mandatory	
78,157	
Appendix VI	

	

	
APPENDIX VII TO PART 268	

EFFECTIVE DATES OF SURFACE DISPOSED WASTES REGULATED IN THE LDRs	

comprehensive list of wastes and effective dates 	
78,83, 157,167C, 187, 
192 B	
Appendix VII, Table 1	

	

	
APPENDIX VIII TO PART 268	

NATIONAL CAPACITY LDR VARIANCES FOR UIC WASTES	

comprehensive list of national capacity LDR variances for UIC wastes	
78,83, 157,167C	
Appendix VIII	

	

	
APPENDIX IX TO PART 268	

EXTRACTION PROCEDURE (EP) TOXICITY TEST METHOD AND STRUCTURAL INTEGRITY TEST (METHOD 1310)	

note regarding EP (Method 1310) is published in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" as incorporated by reference in 260.11	
83,126	
Appendix IX	

	

	
	APPENDIX X TO PART 268	

	

removed and reserved 	
137,157	
Appendix X	

	

	
APPENDIX XI TO PART 268	

METAL BEARING WASTES PROHIBITED FROM DILUTION IN A COMBUSTION UNIT ACCORDING TO 40 CFR 268.3(c)	

table listing wastes prohibited from dilution in a combustion unit	
151	
Appendix XI