SPA 15
 

CONSOLIDATED CHECKLIST
 

for the
 

Land Disposal Restrictions as of June 30, 1994
 

Note: 1) This checklist consolidates the changes to Federal code addressed by the following 

Land Disposal Restrictions (LDR) checklists: 

• Revision Checklist 34 [51 FR 40572 (November 7, 1986), 52 FR 21010 (June 4, 1987)]; 

• Revision Checklist 39 [52 FR 25760 (July 8, 1987), 52 FR 41295 (October 27, 1987)]; 

• Revision Checklist 50 [53 FR 31138 (August 17, 1988), 54 FR 8264 (February 27, 1989)]; 

• Revision Checklist 62 [54 FR 18836 (May 2, 1989)]; 

• Revision Checklist 63 [54 FR 26594 (June 23, 1989)]; 

• Revision Checklist 66 [54 FR 36967 (September 6, 1989), 55 FR 23935 (June 13, 1990)]; 

• Revision Checklist 78 [55 FR 22520 (June 1, 1990)]; 

• Revision Checklist 83 [56 FR 3864 (January 31, 1991)]; 

• Revision Checklist 95 [56 FR 41164 (August 19, 1991 )]; 

• Revision Checklist 102 [57 FR 8086 (March 6, 1992)]; 

• Revision Checklist 103 [57 FR 20766 (May 15, 1992)]; 

• Revision Checklist 106 [57 FR 28628 (June 26, 1992)]; 

• Revision Checklist 109 [57 FR 37194 (August 18, 1992)]; 

• Revision Checklist 116 [57 FR 47772 (October 20, 1992)]; 

• Revision Checklist 123 [58 FR 28506 (May 14, 1993)]; and 

•
 

• Revision Checklist 124 [58 FR 29860 (May 24, 1993)].
 

The LDR "Checklist Reference" column indicates which of these checklists have affected each 

listed citation. Subsequent to promulgation of the first LDR rule (i.e., the rule addressed by 

Revision Checklist 34), checklists other than the LDR checklists have also affected certain 

sections of code addressed by the LDR checklists. The effects of these subsequent checklists are . 

indicated in footnotes. Of special note are 270.42(0)&(p) and 270.72(e). In both cases, 

subsequent checklists either removed or redesignated these sections of code. The section 

numbering found in the associated LDR final rule for these paragraphs is used, rather than the new 

numbering found in the subsequent checklists. 

An exception to the footnoting procedure occurs to specify the effect which the Toxicity 

. Characteristics Rule had on the TCLP procedure. Because the TCLP. procedure is integral to the 

Third Third Rule requirements (see Note 0 below), the changes made by Revision Checklist 74, 

non-LDR checklists, are noted in the LDR checklist reference column. Explanatory footnotes are 

also included. . . 

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 

thouqh 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 

DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/1 7/98 Page 1 of 135 
SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

experience and information from reviewing "no-migration" petitions. 

3) In the past, the nondelegable sections/paragraphs of the LOR regulations have been omitted 

from the LOR 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 

LOR checklists. To differentiate these sections from the delegable portions of the LOR 

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 Land Disposal Restriction 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 States incorporate the nondelegable portions of the LOR regulations
 

into their regulations because this incorporation aids the regulated community in knowing that the
 

extensions, exemptions and variances addressed by the nondelegable sections of code are
 

available to them. It is essential, however, that States leave the terms "Administrator", "Federal
 

Register" and"Agency" unchanged, i.e., States may not substitute analogous State terms for .,-J
 

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).
 

4) Note that while 268.40 is delegable to States, "Administrator" in the following phrase o

"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. 

5) 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]. 

DCLDR94J, 15· Revised: 7/29/94 

Printed: 4/17/98 Page 2 of 135 
SPA 15
 

• 

.cONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

6) Note that the Toxicity Characteristic Leaching Procedure (TCLP) referred to by the Third Third 

Scheduled Waste Rule is the TCLP entered into the Federal code at 40 CFR 261 Appendix II by the 

Toxicity Characteristic Rule (55 FR 11798, March 29, ·1990) and amended at 55 FR 26986 (June 

29, 1990). (Both the Toxicity Characteristic Rule and the June amendment are addressed bv 

Revision Checklist 74.) The TCLP procedure previously located at 40 CFR Part 268, Appendix I 

and introduced by the Solvents and Dioxins Land Disposal Restrictions Rule (51 FR 40572; 

November 7, 1986; Revision Checklist 34) is the outdated version of the TCLP. Thus, States 

adopting the Third Third Scheduled Waste Rule must also adopt the new version of the TCLP. If a 

State has already adopted the Revision Checklist 34 TCLP, this version must be replaced with the 

Revision Checklist 74 TCLP. See Footnote Error! Bookmark not defined. of this checklist. 

7) Guidance regarding the use of the new TCLP versus the EP Toxicity Test may be found at 55 

FR 22660 (June 1, 1990). 

8) 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. 

• FEDERAL REQUIREMENTS CHECKLIST FEDERAL RCRA CITATION ANALOGOUS STATE : STATE ANALOG IS: 

REFERENCE CITATION 

.. .. . .. EQUIV· LESS MORE BROADE 

ALENT STRIN- STRIN· RIN 

GENT GENT SCOPE 

PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL WAC 173-303
 

SUBPART A - GENERAL
 

PURPOSE, SCOPE, AND APPLICABILITY
 

insert "and 268" 34 260.1 (a) No Analog X 

insert"and 268" 34 260.l(b)(1 ) No Analog' X 

insert "and 268" 34 260.:1(b)(2) No Analog X 

insert "and 268" 34 260.1 (b)(3) No Analog X 

insert "and 268" 34 260. llb)(4) No Analog X 

AVAILABILITY OF INFORMATION; CONFIDENTIALITY OF INFORMATION
 

insert "and 268" 34 260.2(a) Chapter 42.17 

RCW 

X 

insert "and 268" 34 260.2(b) RCW 

43.21 A.160 

X 

• DCLDR94J.15 • Revised: 7/29/94 

Printed: 4/17/98 Page 3 of 135 
c 

SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

FEDERAL REQUIREMENTS CHECKLIST FEDERAL RCRA CITATION ANALOGOUS STATE STATE ANALOG IS: 

REFERENCE CITATION 

EQUIV- LESS MORE BROADE 

ALENT STRIN- STRIN· RIN 

GENT GENT SCOPE 

USE OF NUMBER AND GENDER
 

insert"and 268"· 34 260.3 040 

last paragraph 

X 

SUBPART B - DEFINITIONS
 

DEFINITIONS
 

insert"and 268" to 

introductory text 

34 260.10 040 X 

add "containment 

building" 

109 260.10 040 X 

revise "miscellaneous 

unit" 

109 260.10 040 X 

revise "pile" 109 260.10 040 X -. 

REFERENCES
 

1 2 

, Parts 260 through 

270 

39 260.11 (a) 110(3)(g) 

090(5)(a)(i) 

X 

SUBPART C - RULEMAKING PETITIONS
 

GENERAL
 

insert "and 268" t34 260.20(a) ·91 O(1)(a) 

910(2) 

910(4) 

X 

PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
 

SUBPART A - GENERAL
 

PURPOSE AND SCOPE
 

. insert"268," 34 261.1 (a) 016(a) X 

insert", 268" 34 261.1 (a)(1) No Analog 

DEFINITION OF HAZARDOUS WASTE
 

insert "of this part" 

after the first 

109 261.3(a)(2)(iii) No Analog x 

(~ DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/17/9B Page 4 of 135 
SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

• 

• 

Page 5 of 135 

FEDERAL REQUIREMENTS CHECKLIST FEDERAL RCRA CITATION ANALOGOUS STATE STATE ANALOG IS: 

REFERENCE CITATION 

EQUIV- LESS MORE BROADE 

ALENT STRIN- STRIN- RIN 

GENT GENT SCOPE 

"subpart C"; insert 

"." before "or 

unless"; add a 

sentence addressing 

the relationship of 

nonwastewater 

mixtures and the Part 

268 requirements 

split paragraph into 95,109 261.3{c)(2)(ii)(C)( 071 (3)(bb)(i) X 

two subparagraphs, 1) 

.(cn 1)&{2), with the 

second subparagraph 

addressing the 

notification for HTMR 

residues; in first 

subparagraph, insert 

", K062 or F006" . 

after "K061 "; replace 

"(as defined in 40 

CFR 260.1 O(6), (7), 

and (12))" with "(as 

defined in paragraphs - ~.- .... 

(6), (7), and (13) of 

the definition for 

'Industrial Furnace' in 

40 CFR 260.10)"; 

replace "identified. 

below" with 

"identified in the 

tables in this 

paragraph"; replace 

"The generic 

exclusion levels are:" 

with a sentence 

addressing burden of 

proof for persons 

claiming this 

exclusion in an 

enforcement action; 

DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 
c 

SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

. as of June 30, 1994 (cont'd) 

t ,Error 

! 

Bookm 

ark 

not 

define 

d. 

FEDERAL REQUIREMENTS CHECKLIST FEDERAL RCRA CITATION ANALOGOUS STATE STATE ANALOG IS: 

REFERENCE CITATION 

EQUIV· BROADE 

ALENT 

LESS MORE 

STRIN· STRIN· RIN 

GENT GENT SCOPE

replace single table 

withthe two tables 

indicated at 57 FR 

37264 

completely revise 95,109 261.3(c)(2)(ii)(C)( 071 (3)(bb)(ii) X 

requirements 2) 

addressing
 

notification and
 

certification; onetime notification and
 

certification for K061,
 

K062 or F006 HTMR
 

residues, which meet
 

generic exclusion
 

levels and exhibit no
 

characteristics, that
 

are sent to Subtitle D
 

units; update of
 

notification and
 

certification; annual
 

EPA/State
 

notification; deadline
 

for submission to
 

EPA/State; what the
 

notification must
 

include; certification
 _..• ­ signed by authorized 

. representative and 

what it must state 

add parenthetical 83 261.3(d)(1 ) 070(2)(a)(ii) X 

phrase - regarding (A)
 

characteristic waste,
 

no longer exhibiting a
 

characteristic, that
 

still may be subject to
 

268 requirements
 

add new paragraph 109 261.3(f) 070(2)(c) X 

and subparagraphs 

()
 

DCLDR94J,15 • Revised: 7/29/94 

Printed: 4/17/98 Page 6 of 135 

c 
SPA 15
 

•
 

•
 

•
 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

FEDERAL REQUIREMENTS CHECKLIST FEDERAL RCRA CITATION ANALOGOUS STATE STATE ANALOG IS: 

REFERENCE CITATION 

EQUIV· LESS MORE 8ROADE 

ALENT STRIN· STRIN· RIN 

GENT GENT SCOPE 

addressing debris that 

is excluded from 

regulation provided it 

meets specified 

criteria: 

Part 268-defined 109 261.3(f)(1 I 070(2)(c)(i) X 

hazardous debris. 

treated using a 

specified 268.45, 

Table 1, extraction or , destruction 

technology; burden of 

proof on claimant in 

an enforcement 

action 

Part 268-defined 109 261.3(f)(21 070(2)(c)(ii) X 

debris determined by 

Regional 

Administrator to no 

longer be 

contaminated with 

hazardous waste 

EXCLUSIONS 

t add new paragraph 95 261.4(a)(11 ) 071 (3)(x) X 

which excludes as 

solid waste 

nonwastewater 

splash condenser 

dross residue from 

the treatment of 

K061 in high 

temperature metals 

recovery units, 

provided it is shipped 

in drums and not land 

disposed before 

recovery 

DCLDR94J.15· Revised: 7/29/94 

Page 7 of 135 Printed: 4/17198 
c 

SPA 15
 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

FEDERAL REQUIREMENTS CHECKLIST FEDERAL RCRA CITATION ANALOGOUS STATE STATE ANALOG IS: 

REFERENCE CITATION 

EQUIV· LESS MORE BROADE 

ALENT STRIN· STRIN- RIN 

GENT GENT SCOPE 

insert "268," 34 261.4(c) 071 (3)(n) X 

remove "267" and 34 261 A(d)( 1) 071 (3)(1) X 

insert" 268" 

o
 

DCLDR94J.1S • Revised: 7/29/94 

Printed: 4/17/98 Page 8 of 135 
•
 

SPA 15
 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions
 

as of June 30, 1994 (cont I d)
 

SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY CONDITIONALLY EXEMPT 

SMALL QUANTITY GENERATORS 

insert", 268," 34 261.5(b) 070(8)(a) & (b) X 

insert", 268," 34 261.5(c) 070(1 )(b) & 

(7)(a) &(7)(c) 

071(3) 

X 

insert", 268," 34 261.5(e) 070(7) 

070(8)(a) 

081 (2) 

X 

insert", 268," 34 261.5(f)(2) 070(8)(a) X 

insert.", 268," 34 261.5(g)(2) 070(8)(a) X 

4 

REQUIREMENTS FOR RECYCLABLE MATERIALS
 

insert "268," 34 261.6(a)(3) 120(2)(a)
 

insert "268," 34 261.6(c)(1) 120(4)(d)
 

RESIDUES OF HAZARDOUS WASTE IN EMPTY CONTAINERS
 

insert "268,"
 34 

34 

261.7(a)(1)(JJ). 160(3)
 

insert "268," 

• 

261.7(a)(2)(ii) 160(3) 

SUBPART C - CHARACTERISTICS OF HAZARDOUS WASTE 

GENERAL 

X 

insert "268, "; remove 

", but is not listed as 

C! hazardous waste in 

Subpart 0"; change 

"the EPA" to "every 

EPA"; insert "that is 

applicable as" before 

"set forth"; remove 

"in the respective 

characteristic" before 

"in this Subpart"; 

insert "used" after 

"This number must 

be"; before 

"recordkeepirig" 

change "certain" to 

"all applicable" 

34,78,8 

3 

261.20(b) 070(6) X 

CHARACTERISTIC OF IGNITABILITY
 

remove ", but is not 

listed as a hazardous 

waste in Subpart 0," 

78 261.21 (b) 090(5)(b) X 

• 

CHARACTERISTIC OF CORROSIVITY 

DCLDR94J.15· Revised: 7/29/94 

Printed: 4/1 7/98 Page 9 of 135 
5 

SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

remove ", but is not 

listed as a hazardous 

waste in Subpart 0," 

78 261.22(b) 090(6)(b) X 

CHARACTERISTIC OF REACTIVITY
 

remove ", but is not 

listed as a hazardous 

waste in Subpart 0," 

78 261.23(b) 090(7)(b) X 

TOXICITY CHARACTERISTIC
 

remove ", but is not 

listed as a hazardous 

waste in Subpart 0," 

78 261.24(b) 090(8)(b) X 

SUBPART 0 - LISTS OF HAZARDOUS WASTES
 

GENERAL 

insert "268," 134 I261.30(c) 1070(6) I---....:..x.:-.....J'-------I__...l--_ 

HAZARDOUS WASTES FROM NON-SPECIFIC SOURCES 

add the waste 

"F039" in alphanumeric order to list 

78,83 261.31(a) 9904 X 

DISCARDED COMMERCIAL CHEMICAL PRODUCTS, OFF-SPECIFICATION SPECIES, CONTAINER
 

RESIDUES, AND SPILL RESIDUES THEREOF 

6 insert "or (f)" after 78 261.33(c) 

"(e)"; change 

"261.7(b)(3)" to 

"261.7(b)" 

081(1)(c) X o 

()
 

DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 10 of 135 
•
 

SPA 15
 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions
 

as of June 30, 1994 (cont'd)
 

APPENDIX VII, PART 261
 

BASIS FOR LISTING HAZARDOUS WASTE
 

add "F039" to list in 78 Appendix VII 082(4)
 

alphanumeric order
 

PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE 

SUBPART A - GENERAL
 

HAZARDOUS WASTE DETERMINATION
 

in the first sentence, 

replace "If" with "For 

purposes of 

compliance with 40 

CFR Part 268, or if"; 

remove "as a 

hazardous waste" 

after"listed"; replace 

"he must determine" 

with "the generator 

must then determine" 

78,83 262.11 (c) ,070(3)(a)(iij) X 

add new paragraph 

regarding possible 

exclusions or 

restrictions in Parts 

264, 265 or 268 

34 262.11 (d) 070(1 )(b) X

•
 

SUBPART C - PRE-TRANSPORT REQUIREMENTS
 

ACCUMULATION TIME
 

replace ";" at the end 

of text with a":" 

109 262.34(a)( 1)(iiil 200(1 )(b)(iii) X 

replace "." with 

"; and/or" 

109 262.34(a)(1 )(iii)(B 

) 

200(1 )(b)(iii) 

(B) 

X 

add new 

subparagraphs 

addressing waste 

placed in containment 

buildings; compliance 

with 265, Subpart 

DD; professional 

engineer certification 

of compliance with 

265.1101 design 

standards placed in 

operating record no 

109 262.34(a)(1 )(iv) 200( 1)(b)(iv) 

, 

X 

• DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/1 7/98 Page 11 of 135 
SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

later than 60 days 

after the date of 

initial unit operation; 

requirements after 

February 18, 1993; 

records which must 

be maintained 

written description of 

procedures to ensure 

each waste volume 

remains in unit for no 

more than 90 days; 

written description of 

waste generation and 

management 

practices for the 

facility showing that 

they are consistent 

with respecting the 

90-day limit; 

documentation that 

procedures are 

complied with 

109 262.34(a)(1 )(iv) 

(A) 

-

200( 1)(b)(iv) 

(A) 

X 

documentation that 

unit is emptied at 

least once every 90 

days 

109 262.34(a)(1 )(iv)(B 

) 

200(1 )(b)(iv) 

(B) 

X 

remove first 

paragraph numbered 

(a)(2) (including 

(a)(2)(i) &(ii)); 

remove unnumbered 

paragraph following 

(a)(2)(ii) 

109 262.34(a)(2) 200(1 )(c) X 

c 

7 

ACCUMULATION TIME
 

replace "and with 

§265.16" with 

", with §265.16, and 

with 40 CFR 

268.7(a)(4)" 

78 262.34(a)(4) 200(1 )(e) & (f) X 

replace "and" 

between "section" 

and "the 

requirements" with 

83 262.34(d)(4) 201 (2) X 

() 

DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 12 of 135 . 
SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

";" and add "the 

requirements of 40 

CFR 268.7(a)(4)" 

SUBPART G - FARMERS 

FARMERS 

8 pesticide disposal by t39 262.70 230(3)(b) 

farmers 

PART 263 - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE
 

SUBPART A - GENERAL
 

TRANSFER FACILITY REQUIREMENTS 

insert", 268" 134 1263.12 1240(5) I X I 

• 

• DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 130f·135 
c 

9 

SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
 

TREATMENT, STORAGE, AND DISPOSAL FACILITIES
 

SUBPART A - GENERAL
 

PURPOSE, SCOPE AND APPLICABILITY
 

chanqe "." to ","; add 

phrase regardingcompliance with 

264.17(b) if owner or 

operator is diluting 

_hazardous ignitable . 

wastes or corrosive 

wastes to remove the 

characteristic before 

land disposal 

124 264.1_(g)(6) 600(3)(n) X 

add new paragraph 

regarding facilities to 

which Part 264 

applies 

34 264.1 (h) 600(6)· X 

SUBPART B - GENERAL FACILITY STANDARDS
 

. GENERAL WASTE ANALYSIS
 

Error! 

Bookm 

ark 

not 

define 

d.,"? 

insert "Part 268"; add 

sentence regarding 

what information, at 

a minimum, the 

waste analysis must 

contain 

34,102 264.13(a)(1 ) 300(2) X 

revise comment 

following paragraph 

(a)(2) as follows: 

remove "or all" after 

"supply part"; add", 

except as otherwise 

specified in 40 CFR 

·268.7(b) and (c)." to 

the second sentence 

78 

\ 

264.13(a)(2) No Analog X 

insert "268.7" 34 264.13(b)(6) 300(5)(f) X 

add new paragraph 

and subparagraphs 

regarding exempted 

surface impoundment 

34 264.13(b)(7) 300(5)(h) X 

DCLDR94J.15 • Revised: 7/29/94 

Printed: 4/17/98 Page 14 of 135 
SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

plan specifications 

sampling 34 264.13(b)(7)(i) 30q(5)(h)(i) X 

impoundment 

contents 

analysis procedures 34 264.13(b)(7)(ii) 300(5)(h)(ii) X 

annual removal of 34,39,5 264.13(b)(7)(iii) 300(5)(h)(iii) X 

specific residues; 0 

criteria: 

do not meet 50 264.13(b)(7)(iii)(A 300(5)(h)(iii) X 

treatment standards ) (A) 

of Part 268, Subpart 

D 

where no treatment 50 264.13(b)(7)(iii)(B 300(5)(h)(iii) X 

standards have been ) (B) 

established 

prohibited disposal of 50 264.13(b)(7)(iii)(B 300(5)(h)(iii) X 

residues under )(1) (B)(I) 

268.32 or RCRA 

3004(d) 

prohibited disposal of 50 264.13(b)(7)(iii)(B 300(5)(h)(iii) X 

residues under )(2) (B)(II) 

268.33(f) • SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING 

OPERATING RECORD 

add "268A(a)" and 

"268.7" 

34 264.73(b)(3) 380(1 )(c) X 

add new paragraph; 

records for each 

shipment placed in 

units under a 268.5 

extension, a 268.6 

petition, or a 268.8 

certification; 268.7(a) 

generator notice 

34,50 264.73(b) (10) 380(1 )(i) X 

add new paragraph; 

off-site treatment 

facility requirements 

34,50 264. 73(b)(11 ) 380(1 )(j) X 

add new paragraph; 

on-site treatment 

facility requirements 

34,50 264.73(b)(12) 380(1 )(k) X 

add new paragraph; 

off-site land disposal 

facility requirements 

34,50 264.73(b)(13) 380(1 )(1) X 

add new paragraph; 34,50 264.73(b)( 14) 380(1)(m) X

• Error! 

DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 15 of 135 
c 

SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions. 

as of June 30, 1994 (cont'd) 

Bookm 

ark 

not 

define 

d. 

on-site land disposal 

facility requirements 

add new paragraph; 

off-site storage 

facility requirements 

50 264.73(b)(15) 380(1 )(n) X 

.add new paragraph; 

on-site storage 

facility requirements 

50 264.73(b)(16) 380(1 )(0) X 

SUBPART G - CLOSURE AND POST-CLOSURE
 

APPLICABILITY
 

remove "and" from 

the end of paragraph 

109 264.11 O(b)(1) 610(b) X· 

replace "." with ";" 109 264.110(b)(2) 610(b) X 

replace "." with 

"; and" 

109 264.11 O(b)(3) 610(b) X 

add new paragraph 

addressing 

containment buildings 

that are required 

under 264.1102 to 

meet the 

requirements for 

landfills 

109 264.11 O(b)(4) 610(1)(b) X 

o
 

CLOSURE PERFORMANCE STANDARD
 

change ", and 

264.601 through 

264.603" to 

", 264.601 through 

264.603, and 

264.1102" 

109 264.111 (c) 610(2)(b) X 

I 

CLOSURE PLAN; AMENDMENT OF PLAN 

replace "264.90 et 109 264.112(a)(2) 610(3)(a) X

seq." with "subpart F 

of this part"; change .. 

"and 264.601" to 

", 264.601 and 

264.1102" 

SUBPART H - FINANCIAL REQUIREMENTS 

APPLI CABI L1TY 

replace", and" with !264.140(b)(1 ) 1620(1 )(b)(i) \109 "_", I X 

1 () 

DClDR94J.15 - Revised: 7/29/94 

Printed: 4117198 Page 16 of 135 
SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

'as of June 30, 1994 (cont'd) 

replace "." with ";" 109 264. 140(b)(2) 620( 1)(b)(iv) X 

replace "." with "; 

and" 

109 264.140(b)(3) 620( 1)(b)(ii) X 

add new paragraph 

regarding 

containment buildings 

that are required 

under 264.1102 to 

meet the· 

requirements for 

landfills 

109 264. 140(b)(4) 620(1 )(bj(v) X 

, 

COST ESTIMATE FOR CLOSURE
 

change ", and 

264.601 through 

264.603" to 

", 264.601 through 

264.603, and 

264.1102" 

109 264. 142(a) . 620(3)(a) X 

SUBPART K - SURFACE IMPOUNDMENTS
 

• 

SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE 

insert "the waste and 

impoundment satisfy 

all applicable 

requirements of 40 

CFR Part 268, and" 

after "unless" 

78 264.229 650(7) X 

SUBPART L - WASTE PILES
 

SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
 

insert "the waste and 

waste pile satisfy all 

applicable 

requirements of 40 

CFR Part 268, and" 

after "unless" 

78 264.256 660(7) X . 

• DClDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 17 of 135 
c 

SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

SUBPART M - LAND TREATMENT
 

SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
 

insert "the waste and 

the treatment zone 

meet all applicable 

_requirements of 40 

CFR Part 268, and" 

after "unless" 

78 264.281 655(9) X 

SUBPART N - LANDFILLS
 

SPECIAL REQUIREMENTS FOR IGNITABLE OR-REACTIVE WASTE
 

replace "in treated, 

rendered, or mixed 

before or immediately 

after placement in a 

landfill so that:" with 

"and landfill. meet all 

applicable 

requirements of Part 

268, and:" 

78 264.312(a) 665(10)(a) 

- -

X 

begin the first 

sentence with 

"Except for prohibited 

wastes which remain 

subject to treatmentstandards in Subpart 

D of Part 268," 

78 264.312(b) 665(8)(b) X 

o
 

DISPOSAL OF SMALL CONTAINERS OF HAZARDOUS WASTE IN OVERPACKED DRUMS (LAB 

PACKS) 

add new paragraph 

regarding disposal in 

compliance with Part 

268; requirement for 

fiber drums to meet 

DOT specifications 

and 264.316(b) 

requirements if 

incinerate lab packs 

78 264.316(f) 

-

161 (7) X 

SUBPART DD - CONTAINMENT BUILDINGS 

DCLDR94J.15· Revised: 7/29/94 

Printed: 4/17/98 Page 18 of 135 

12 
SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

APPLICABILITY 

•
 

applies to 

owners/operators 

storing or treating 

hazardous waste in 

units designed and 

operated under 

264.1101; effective 

February 18, 1993, 

but may notify 

Regional 

Administrator of 

earlier time; not 

subject to definition 

of land disposal in 

RCRA 3004(k) 

provided unit: 

109 264.1100 695 X 

is a completely 

enclosed, selfsupporting structure 

designed and 

constructed as 

specified 

109 264.1100(a) 695 X 

has a primary barrier 

designed to withstand 

. movement of 

personnel, wastes 

and handling 

equipment within unit 

109 264.1100(b) 695 X 

if used to manage 

liquids: 

109 264.1100(c) 695 X 

primary barrier 

'desiqned and 

constructed to 

prevent migration of 

hazardous 

constituents into 

barrier 

109 264.11 OO(c)(1) 695 X 

. liquid collection 

system to minimize 

accumulation of liquid 

on primary barrier 

109 264.1100(c)(2) 695 X 

secondary 

containment system 

109 264.1100(c)(3) 695 X 

• DCLDR94J.15 • Revised: 7/29/94 

Printed: 4/17/98 Page 19 of 135 
c 

SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

to prevent hazardous 

constituent migration 

into barrier; leak 

detection and liquid 

collection as 

specified; variance 

under 264.1101 (b)(4) 

controls to prevent 

fugitive dust 

emissions to meet 

264.1101 (c)( 1)/iv) 

standards 

109 264.1100(d) 695 

( 

X 

designed and 

operated to ensure 

containment and 

prevent tracking of 

materials from unit by 

personnel or 

equipment 

109 264.1100(e) 695 X 

DESIGN AND OPERATING STANDARDS
 

all containment 

buildings must 

comply with following 

design standards: 

109 264.1101 (a) 

-

695 

-

X 

completely enclosed 

as specified 

109 264.1101 (a)(1) 695 X 

design and 

construction of floor, 

containment walls 

and secondary 

containment system; 

unit of sufficient 

structural strength to 

prevent collapse or 

failure; chemically 

compatible surfaces; 

standards for judging 

structural integrity 

requirements; when 

exception for lightweight doors and 

windows will apply: 

109 264.1101 (a)(2) 695 X 

.. 

provide effective 

barrier against 

109 264.1101 (a)(2)(i) 695 X 

o
 

() 

DCLDR94J.1 5 • Revised: 7/29/94 

Printed: 4/17/98 Page 20 of 135 
•• 

SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

fugitive dust 

emissions under 

.264. 1101 (c)( 1)(iv) 

unit designed and 

operated so that 

wastes do not 

contact openings 

109 264.1101 (a)(2)(ii) 695 X 

no placement of 

incompatible wastes 

or treatment reagents 

that could cause unit 

or secondary 

containment system 

to leak, corrode or 

otherwise fail 

109 264.1101 (a)(3) 695 X 

must have primary 

barrier designed to 

withstand movement 

of personnel, waste 

and handling 

equipment in unit 

during unit operating 

life, as appropriate for 

waste characteristics 

109 264.1101(a)(4) 695 X 

requirements for 

hazardous waste 

containing free liquids 

or treated with free 

liquids: 

109 264.1101 (b) 695 X 

primary barrier to 

prevent migration of 

hazardous 

constituents into the 

barrier 

109 264.1101 (b)(1) 695 X 

-

liquid collection and 

removal system to 

minimize 

accumulation of liquid 

on primary barrier: 

109 264.1101 (b)(2) 695 . X 

primary barrier sloped 

to drain liquids to 

collection system 

109 264.1101 (b)(2)(i) 695 X 

liquids and waste 

collected and 

109 264.1101 (b)(2)(ii) 695 X 

( 

• DCLDR94J.15· Revised: 7/29/94 

Printed: 4/17/98 Page 21 of 135 
SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

removed to minimize 

hydraulic head on 

containment system 

at earliest practicable 

time 

secondary 

containment system 

to prevent hazardous 

constituent migration 

into barrier; leak 

detection and liquid 

collection as specified 

109 264.1101 (b)(3) 695 X 

what must be 

installed at a 

minimum to satisfy 

leak detection 

component of. 

secondary 

containment system 

109 264.1101 (b)(3)(i) 695 X 

constructed with 1% 

or greater bottom 

slope 

109 264.1101 (b)(3)(i)( 

A) 

695 X 

granular, synthetic, or 

geonet drainage 

materials as specified 

109 264.1101 (b)(3)(i)( 

B) 

695 X "---.... 

if treatment 

conducted in building, 

treatment area 

designed to prevent 

releases to other 

portions of building 

109 264.1101 (b)(3)(ii) 695 X 

secondary 

containment 

construction materials 

specifications; 

requirements for use 

of containment 

building as tank 

secondary 

containment system 

109 264.1101 (b)(3)(iii 

) 

695 X 

for existing units 

other than 90-day 

generator units, 

Regional 

109 264.1101 (b)(4) 695 X 

() 

DCLDR94J.15 • Revised: 7/29/94 

Printed: 4/1 7/98 Page 22 of 135 
SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

13 

• 

Administrator delay 

of secondary 

containment 

requirement if 

demonstrated that 

unit substantially 

meets Subpart DD 

standards; for 

demonstration, 

owner/operator must: -

provide written notice 

by February 18, 

1993; what notice 

must contain 

109 264.1101 (b)(4)(i) 695 X 

respond to Regional 

Administrator 

comments within 30 - days 

109 264.1101 (b)(4)(ii) 695 X 

if approved, fulfill 

terms of revised plans 

109 264.1101 (b)(4)(iii 

) 

695 X 

owners and operators 

of all containment 

buildings must: 

109 264.1101 (c) 695 X 

use controls and 

practices to ensure 

containment of 

hazardous waste 

within unit; at a 

minimum: 

109 264.1101 (c)(l) 695 X 

maintain primary 

barrier as specified 

109 264.1101(c)( 1)(i) 695 X 

maintain level of 

stored/treated 

hazardous waste as 

specified 

109 264.1101 (c)( 1)(ii) 

.. 

695 X 

take measures to 

prevent tracking of 

hazardous waste out 

of unit; equipment 

decontamination area; 

rinsate collection and 

management 

109 264.1101 (c)( 1)(iii 

) 

695 X 

take measures to 

control fugitive dust 

109 264.1101 (c)( 1)(iv 

) 

695 X 

• DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 23 of 135 
14 

c 

SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

695 

.. -~ .. 

695 

.. . ­

695 

695 

695 

695 

emissions; maintain. 

particulate collection 

devices as specified; 

when "no visible 

emissions" must be 

maintained 

certification by 

qualified registered 

professional engineer; 

for units in operation 

prior to February 18, 

1993, certification 

placed in operating 

record or on-site files 

no later than 60 days 

after date of initial 

operation; after 

February 18, 1993, 

PE certification 

required prior to 

operation of unit . .

.­

109 

. _. .­

264.1101 (c){2) 

prompt repairs of unit 

throughout active life 

as specified, 

according to the 

following procedures: 

109 264.1101 (c){3) 

detection of condition 

that has led to a 

release; leakage from 

primary barrier; owner 

or operator must: 

109 264.1101 (c){3){i) 

enter record of 

discovery in facility 

operating record 

109. 264.1101 (c){.3){i){ 

A) 

immediately remove 

portion of 

containment buildinq 

affected by the 

condition from 

service 

109 264.1101 (c){3){i){ 

B) 

determine steps to be 

taken for repair, 

remove leakage from 

secondary collection 

109 264.1101 (c){3){i){ 

C) 

X 

X 

X 

X 

X 

X 

()
 

DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 24 of 135 
-- - ---

--

SPA 15
 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

• 

109 

109 

._0. : 

• 109 

system and establish 

schedule for cleanup 

and repairs 

within 7 days, notify 

Regional 

Administrator of 

condition; within 14 

working days, provide 

written notice to 

Regional 

Administrator; what 

written notice must 

include 

Regional 

Administrator must 

review notice, 

determine extent to 

which unit must be 

removed from service 

during repairs, and 

notify owner/operator 

of determination and 

rationale in writing 

written notification to 

Regional 

Administrator on 

completion of repair _ 

and cleanup; 

verification by a 

qualified, registered 

professional engineer 

that repairs and 

cleanup are in 

compliance with 

264.1101 (c)(3)(i)(Dl 

plan 

what must be 

inspected and 

recorded in facility's 

operating records, at 

least once every 

seven days 

for containment 

buildings that contain 

. ..- . 

109 

109 

• 

as of June 30, 1994 (cont'dl 

. _ ,.- . _

264.1101 (c)(4l 

264.1101 (dl 

264.1101 (c)(3)(i)( 

Dl 

264.1101 (c)(3)(iil 

264.1101 (c)(3)(iii 

1 

- . -_ .. ..----­

695 

695 

695 

695 

695 

Page 25 of 135 

X 

X 

X 

X 

X 

DClDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 
SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

areas both with and 

without secondary 

containment, the 

owner/operator must: 

design and operate 

each area in 

accordance with 

264.1101 (a)-(c) 

requirements 

109 264.1101 (d)( 1) 695 X 

take measures to 

prevent release of 

liquids or wet 

materials into areas 

without secondary 

containment 

109 264.11 Q1 (d)(2) 695 X 

maintain in facility's 

operating log a 

written description of 

operating procedures 

used to maintain 

integrity of areas 

without secondary 

containment 

109 

~"

" 

264.1101 (d)(3) 

"~

695 X 

Regional 

Administrator waiver 

of secondary 

containment 

requirements; what 

owner/operator must 

demonstrate 

109 264.1101 (e) 695 

\ 

X 

o
 

CLOSURE AND POST-CLOSURE CARE
 

what must be done at 

closure; closure plan, 

closure activities, 

cost estimates, and 

financial responsibility 

must meet all 264 

Subpart G & H 

requirements 

·109 264.1102(a) 695 X 

if 264.11 02(a) 

requirements met and 

not all contaminated 

subsoils can be 

removed or 

109 264.1102(b) 695 X 

() 

DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 26 of 135 
SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

decontaminated, 

close facility and 

perform post-closure 

care as for landfill 

under 264.310; 

owner/operator must 

meet 264 Subpart G 

& H requirements for 

landfills 

1 

reserved 109 264.1103­

264.1110 

695 X 

PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS
 

WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
 

SUBPART A - GENERAL
 

PURPOSE, SCOPE, AND APPLICABILITY
 

• 

Error! 

Bookm 

ark 

not 

define 

d. 

change "." to ","; add 

phrase regarding 

compliance with 

265.17(b) if owner or . 

operator is diluting 

hazardous ignitable 

wastes or corrosive 

wastes to remove 

characteristic before 

land disposal 

124 265.1 (c)(1 0) 400(2)(c)(ix) X 

add new paragraph 

regarding facilities to 

which Part 265 

applies; Part 268 

standards are material 

conditions of the 265 

standards 

34,78 265.1 (e) __ 400(4) X 

SUBPART B - GENERAL FACILITY STANDARDS
 

GENERAL WASTE ANALYSIS
 

Error! 

Bookm
 

ark
 

not
 

define 

d. 

insert "Part 268"; add 

sentence regarding 

what information, at 

a minimum, the 

waste analysis must 

contain 

34,102 265.13(a)(1 ) 300(2) X 

revise comment 

following 

subparagraph (a)(2) 

as follows: remove 

78 265.13(a)(2) No Analog X 

• DClDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 27 of 135 
SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

"or all" after "supply 

part"; add ", except 

as otherwise 

specified in 40 CFR 

268.7(b) and (c)." to 

the second sentence 

insert "268.7" 34 265: 13(b)(6) 300(5)(f) X 

add new paragraph 34 265.13(b)(7) 300(5)(h) X 

and subparagraphs -. 

regarding exempt 

surface impoundment - ­ plan specifications 

sampling 34 265.13(b)(7)(i) 300(5)(h)(i) X 

impoundment 

contents 

analysis procedures 34 265.13(b)(7)(ii) 300(5)(h)(ii) X 

annual removal of 34,39,5 265.13(b)(7)(iii) 300(5)(h)(iii) X 

specific residues; 0 

criteria: 

do riot meet. 50 265.13(b)(7)(iii)(A 300(5)(h)(iii) X 

treatment standards ) (A) 

of Part 268, Subpart 

D 

where no treatment 50 265.13(b)(7)(iii)(B 300(5)(h)(iii) X 

standards have been ) (B) 

established 

prohibited disposal of 50 265.13(b)(7)(iii)(B 300(5)(h)(iii) X 

residues under )(1) (B)(I) 

268.32 or RCRA 

3004(d) 

prohibited disposal of 50 265.13(b)(7)(iii)(B 300(5)(h)(iii) X 

residues under )(2) (B)(II) 

268.33(f) 

o
 

SUBPART E- MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
 

OPERATING RECORD
 

add "268.4(a)" and 

"268.7" 

34 265.73(b)(3) 380(1 )(c) X 

add new paragraph; 

records for each 

shipment placed in 

units under a 268.5 

extension, a 268.6 

petition, or a 268.8 

certification; 268.7(a) 

34,50 265.73(b)(8) 380(1 )(i) X 

()
 

DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 28 of 135 
SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

generation notice 

add new paragraph; 

off-site treatment 

facility requirements 

34,50 265.73(b)(9) 380(1)(1) X 

add new paragraph; 

on-site treatment 

facility requirements 

34,50 265. 73(b)(1 0) 380(1 )(i) X 

add new paragraph; 

off-site land disposal 

facility requirements 

34,50 265. 73(b)(11) 380(1 )(j) X 

add new paragraph; 

on-site land disposal 

facility requirements 

34,50 265.73(b)(12) 380(1 )(k) X 

add new paragraph; 

off-site storage 

facility requirements 

50 265.73(b)(13) 380(1 )(1) X 

add new paragraph; 

on-site storage 

facility requirements 

50 265.73(b)(14) 380(1 )(m) X 

• 

SUBPART G - CLOSURE AND POST-CLOSURE 

APPLICABILITY 

remove "and" from 

end of paragraph 

109 265.11 0(b)(1) 400(3)(a) X 

remove "and" from 

end of paragraph 

109 265.110(b)(2) 400(3)(a) X 

replace "." with 

"; and" 

109 265.110(b)(3) 400(3)(a) X 

add new paragraph 

addressing 

containment buildings 

that are required 

under 265.1102 to 

meet the 

requirements for 

landfills 

109 265.110(b)(4) 400(3)(a) X 

CLOSURE PERFORMANCE STANDARD
 

change "and 

265.404" to 

", 265.404, and 

264.1102" 

109 265.111 (c) 400(3)(a) X 

DCLDR94J.15> - Revised: 7/29/94 

Printed: 4/17/98 • 

Page 29 of 135 

CLOSURE PLAN; AMENDMENT OF PLAN 

15 replace" § § 265.90 109 265.112(d)(4) 

et seq." with 

"subpart Fof this 

400(3)(a) X 
SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (contd) o 

part, § § "; change 

If, and 265.404" to 

", 265.404, and· 

264.1102" 

SUBPART H - FINANCIAL REQUIREMENTS
 

APPLICABILITY
 

in 265.140Ib) insert 

":" after "of"; 

reorganize rest of 

paragraph after 

"apply to" into 

265.140Ib)(1 ) 

[disposal facilities] 

and 265.140Ib) (2) 

[tank systems]; add 

265.140Ib)(3) 

addressing 

containment buildings 

109 265.140Ib) 

- ,. 

400(3)(a) X 

265.140Ib)(1 ) 400(3)(a) X 

265.140Ib)(2) 400(3)(a) X 

265.140Ib)(3) 400(3)la) X 

COST ESTIMATE FOR CLOSURE
 

replace "of § § 109 265.142Ia) 400(3)(a) X 

265.178" with "in § § 

265.178"; change 

"and 265.404" to 

", 265.404 and 

265.1102" 

DCLDR94J.15· Revised: 7/29/94 

Printed: 4/17/98 Page 30 of 135 
•
 

SPA 15
 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions
 

. as of June 30, 1994 (cont'd)
 

SUBPART K': SURFACE IMPOUNDMENTS
 

DESIGN AND OPERATING REQUIREMENTS
 

-add new paragraph 

regarding surface 

impoundments newly 

subject to RCRA 

§3005(j)(1) must be 

in compliance with 

265.221 (a),(c)&(d) no 

later than 48 months 

after additional 

characteristic or 

listing promulgation; 

Part 268 land ._-_ .. 

disposal prohibitions 

or an extension to an 

effective date, within 

the 48-month period, 

shall not cut short 

compliance period 

109 

-_. -­ - _.~

265.221 (h) 

- --"­

400(3)(a) X 

. -

•
 

SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
 

insert "the waste and 

impoundment satisfy 

all applicable 

requirements of 40 

CPR Part 268, and" 

after "unless" 

78 265.229 400(3)(a) X 

.' 

SUBPART L - WASTE PILES
 

SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
 

insert "the waste and 

pile satisfy all 

.applicable 

requirements of 40 

CFR Part 268, and" 

after "unless" 

78 265.256 400(3)(a) X 

• DCLDR94J.15 -.Revised: 7/29/94 

Printed: 4/17/98 Page 31 of.135 
c 

SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

SUBPART M - LAND TREATMENT
 

SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
 

insert "the waste and 

treatment zone meet 

all applicable 

requirements of 40 

CFR Part 268, and" 

after "unless" 

78 265.281 400(3)(a) X 

. SUBPART N - LANDFILLS
 

SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
 

replace "is treated,
 265.312(a)
 

rendered, or mixed
 

before or immediately
 

after placement in a
 

78 400(3)(a) X 

400(3)(a) X	 

landfill so that:" with
 o

"and landfill meets all
 

applicable
 

requirements of 40
 

CFR Part 268, and:"
 

begin the first
 265.312(b) - -­ sentence with
 

"Except for prohibited
 

.wastes which remain 

subject to treatment 

standards in Subpart 

D of Part 268," 

DISPOSAL OF SMALL CONTAINERS OF HAZARDOUS WASTE IN OVERPACKED DRUMS (LAB 

PACKS) 

t ,Error add new paragraph 

78 ­

78 265.316(f) 400(3)(a) X
 

! regarding disposal in
 

Bookm compliance with Part 

ark 268; requirement for 

not fiber drums to meet 

define DOT specifications 

d.	 and 265.316(b)
 

requirements if
 

() 

DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 32 of 135 
SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

incinerate lab packs I I I 

SUBPART DD - CONTAINMENT BUILDINGS 

APPLICABIL1TY 

•
 

applies to 

owners/operators 

storing or treating 

hazardous waste in 

units designed and 

operated under 

265.1101; effective 

February 18, 1993, 

but may notify 

Regional 

Administrator of 

earlier time; not 

subject to definition 

of land disposal in 

RCRA 3004(k) 

provided unit: 

109 265.1100 400(3)(a) X 

is a completely 

enclosed, self 

supporting structure 

designed and 

constructed as 

specified 

109 265.1100(a) 400(3)(a) X 

has a primary barrier 

designed to withstand 

movement of 

personnel, wastes 

and handling 

equipment within unit 

109 265.1100(b) 400(3)(a) X 

if used to manage 

liquids: 

109 265.1100(c) 400(3)(a) X 

primary barrier 

designed and 

constructed to 

prevent migration of . 

hazardous 

constituents into 

109 265.11 00(c)(1) 400(3)(a) X 

• DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 33 of 135 
SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

barrier 

liquid collection 

system to minimize 

accumulation of liquid 

on primary barrier 

109 265.1100(c)(2) 400(3)(a) X 

secondary 

containment system 

to prevent hazardous 

constituent migration 

into barrier; leak 

detection and liquid 

collection as 

specified; variance 

under 265.1101 (b)(4) 

109 265.1100(c)(3) 

-

400(3)(a) X 

controls to prevent 

fugitive dust 

emissions 

109 265.1100(d) 400(3)(a) X 

designed and 

operated to ensure 

containment and 

prevent tracking of 

materials from unit by 

personnel or 

equipment 

109 265.1100(e) 4QO(3)(a) X 

16 

c 

DESIGN AND OPERATING STANDARDS
 

all containment 

buildings must 

comply with following 

design standards: 

completely enclosed 

as specified 

design and 

construction of floor, 

containment walls 

and secondary 

containment system; 

unit of sufficient 

structural strength to 

prevent collapse or 

failure; chemically . 

compatible surfaces; 

standards for judging 

structural integrity 

requirements; when 

109 

- .. 

109 

109 

265.1101 (a) 400(3)(a) X 

265.1101 (a)(1) 400(3)(a) X 

265.1101 (a)(2) 

-

400(3)(a) X 

DCLDR94J.15 • Revised: 7/29/94 

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c 
SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

• 

exception for lightweight doors and 

windows will apply: 

provide effective 

barrier against 

fugitive dust 

emissions under 

265.1101 (c)(1 )(iv) 

109 265.1101 (a)(2)(i) 400(3)(a) X 

unit designed and 

operated so that 

wastes do not 

contact openings 

109 265.1101 (a)(2)(ii) 400(3)(a) X 

no placement of 

incompatible wastes 

or treatment reagents 

that could cause unit 

-. or secondary 

containment system 

to leak, corrode or . 

otherwise fail 

109 265.1101 (a)(3) 400(3)(a)· X 

must have primary 

barrier designed to 

withstand movement 

of personnel, waste 

and handling 

equipment in unit 

during unit operating 

life, as appropriate for 

waste characteristics 

109 

-

265.1101 (a)(4) 

- . 

400(3)(a) X 

requirements for 

hazardous waste 

containing free liquids 

or treated with free 

liquids: 

109 265.1101 (b) 400(3)(a) X 

primary barrier to . 

prevent migration of . 

hazardous 

constituents into the 

barrier 

109 265.1101(b)(1) 400(3)(a) X 

liquid collection and 

removal system to 

prevent accumulation 

of liquid on primary 

barrier: 

109 265.1101 (b)(2) 400(3)(a) X 

• DCLDR94J. 15 • Revised: 7/29/94 

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SPA 15
 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

primary barrier sloped 

to drain liquids to 

collection system 

109 265.1101 (b)(2)(i) 400(3)(a) X 

liquids and waste 

collected and 

removed to minimize 

hydraulic head on 

containment system 

at earliest practicable 

time to protect. 

human health and 

environment 

109 265.1101 (b)(2)(ii) 400(3)(a) X 

secondary 

containment system 

to prevent hazardous 

constituent migration 

into barrier; leak 

detection and liquid 

collection .as specified 

109 265.1101 (b)(3) 400(3)(a) X 

what must be 

installed at a 

minimum to satisfy 

leak detection 

component of 

secondary 

containment system 

109 265.1101 (b)(3)(i) 400(3)(a) X 

construct with 1% or 

greater bottom slope 

109 265.1101 (b)(3)(i)( 

A) 

400(3)(a) X 

granular, synthetic, or 

geonet drainage 

materials as specified 

109 265.1101 (b)(3)(i)( 

B) 

400(3)(a) X 

if treatment 

conducted in building, 

treatment area 

.designed to prevent 

releases to other 

portions of building 

109 265.1101 (b)(3)(ii) 400(3)(a) X 

secondary 

containment 

construction materials 

specifications; 

requirements for use 

of containment 

building as tank 

109 265.1101 (b)(3)(iii 

) 

400(3)(a)· X 

DCLDR94J.15· Revised: 7/29/94 

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c 
SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

• 

secondary 

containment system 

for existing units 

other than 90-day 

generator units, 

Regional 

Administrator delay 

of secondary 

containment 

requirement if 

demonstrated that 

unit substantially 

meets Subpart DO. 

standards; for 

demonstration, 

owner/operator must: 

109 265.1101 (b)(4) 

, 

400(3)(a) X 

provide written notice 

by February 18, 

1993; what notice 

must contain 

109 265.1101 (b)(4)(i) 400(3)(a) X 

respond to Regional 

Administrator 

comments within 30 

days 

109 265.1101 (b)(4)(ii) 400(3)(a) X 

if approved, fulfill 

terms of revised plans 

109 265.1101 (b)(4)(iii 

) 

400(3)(a) X 

owners and operators 

of all containment 

buildings must: 

109 265.1101 (c) 400(3)(a) X 

use controls and 

practices to ensure 

containment of 

hazardous waste 

within unit; at a 

minimum: 

109 265.1101 (c)(1) 400(3)(a) X 

maintain primary 

barrier as specified 

109 265.1101 (c)( 1)(i) 400(3)(a) X 

maintain level of 

stored/treated 

hazardous waste as 

specified 

109 265.1101 (c)( 1)(ii) 400(3)(a) X 

take measures to 

prevent tracking of 

hazardous waste out 

109 265.1101 (c)( 1)(iii 

) 

400(3)(a) X 

• DCLDR94J.15 • Revised: 7/29/94 

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SPA 15
 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

of unit; equipment 

decontamination area; 

rinsate collection and 

management 

take measures to 

control fugitive dust 

emissions; maintain 

particulate collection 

devices as specified; 

when "no visible 

emissions" must be 

maintained 

109 265.1101 (c)(1 )(iv 

) 

400(3)(a) X 

certification by 

qualified registered 

professional engineer; 

for units in operation 

prior to February 18, 

1993, certification 

placed in operating 

record or on-site files 

no later than 60 days 

after date of initial 

operation; after 

February 18, 1993, 

PE certification 

required prior to 

operation of unit 

109 

_. 

265.1101 (c)(2) 

.. 

400(3)(a) X 

prompt repairs of unit 

throughout active life, 

according to the 

following procedures: 

109 265.1101 (c)(3) 400(3)(a) X 

detection of condition 

that has, led to a 

release; leakage from 

primary barrier; owner 

or operator must: 

109 265.1101 (c)(3)(i) 400(3)(a) X 

enter record of 

discovery in facility 

operating record 

109 265.1101 (c)(3)(i)( 

A) 

400(3)(a) X 

immediately remove 

portion of 

containment building 

affected by the 

condition from 

109 265.1101 (c)(3)(i)( 

B) 

400(3)(a) X 

o
 

C) 

DCLDR94J.15· Revised: 7/29/94 

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SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions' 

as of June·30, 1994 (corrt'd) 

• 

service 

determine steps to be 

taken for repair; 

remove leakage from 

secondary collection 

system and establish 

schedule for cleanup 

and repairs 

109 265.1101 (c)(3)(i)( 

C) 

400(3)(a) X 

within 7 days, notify 

Regional 

Administrator of 

condition; within 14 

working days, provide 

written notice to 

Regional 

Administrator; what 

written notice must 

include 

109 265.1101 (c)(3)(i)( 

D) 

400(3)(a) X 

Regional 

Administrator must 

review notice, 

determine extent to 

which unit must be 

removed from service 

during repairs, and 

notify owner/operator 

of determination and 

rationale in writing 

109 265.1101 (c)(3)(ii) 400(3)(a) X 

written notification of 

Regional 

Administrator on 

completion of repair 

and cleanup; 

. verification by a 

qualified, registered 

professional engineer 

that repairs and 

cleanup are in 

compliance with 

265.1101 (c)(3)(i)(D) 

plan 

109 265.1101 (c)(3)(iii 

) 

400(3)(a) X 

what must be 

inspected and 

recorded in facility's 

109 265.1101 (c)(4) 400(3)(a) X 

• DCLDR94J.15 • Revised: 7129/94 

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SPA 15 

,CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

operating records, at 

least once every 

seven days 

for containment 

building that contains 

both areas with and 

without secondary 

containment, the 

owner/operator must: 

design and operate 

each area in 

accordance with 

265.1101 (a)-(c) 

requirements 

take measures to 

prevent release of 

liquids or wet 

materials into areas 

without secondary 

containment 

maintain in facility's 

operating log a 

written description of 

operating procedures 

used to maintain 

integrity of areas 

without secondary 

containment 

Regional 

Administrator waiver 

of secondary 

containment 

requirements; 'what 

owner/operator must 

demonstrate 

109 

109 

109 

109 

o· 

109 

" 

265.1101 (d) 400(3)(a) X 

. 265.1101 (d)(1) 400(3)(a) X 

265.1101 (d)(2) 400(3)(a) X 

265.1101 (d)(3) 400(3)(a) X 

265.1101 (e) 

-

400(3)(a) X 

CLOSURE AND POST-CLOSURE CARE
 

what must be done at 

closure; closure plan, 

closure activities, 

cost estimates, and 

financial responsibility 

must meet all 265 

Subparts G & H 

requirements 

109 265.1102(a) 400(3)(a) X 

()
 

DClDR94J.15 - Revised: 7/29/94 

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SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

if 265.11 02(a) 

requirements met and 

not all contaminated 

soils can be removed 

or decontaminated, 

close facility and 

perform post-closure 

care as for landfill 

under 265.310; 

owner/operator must 

meet 265 Subparts G 

& H requirements for 

landfills 

109 265.1102(b) 400(3)(a) X 

reserved 109 265.1103­

265.1110 

400(3)(a) X 

• 

• DClDR94J.15· Revised: 7/29/94 

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SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

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
 

APPLICABIL1TY
 

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 

prohibition levels of 

268.32 or RCRA 

3004(d) where no 

treatment standards; 

delete the word 

"constituent" from 

the parenthetical 

phra-se following 

"recyclable material"; 

add sentence 

exempting from 

regulation commercial 

fertilizers produced 

for the general 

public's use that 

contain recyclable 

materials; zinccontaining fertilizers 

using K061 not 

subject to this 

requirement 

50,66 266.20(b) 

., 

505(1 )(b) X 

o
 

PART 268 - LAND DISPOSAL RESTRICTIONS
 

SUBPART A - GENERAL 

DClDR94J.15 - Revised: 7/29/94 

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c 
SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

PURPOSE, SCOPE AND APPLICABILITY 

Error! 

Bookm
 

ark
 

not
 

define 

d. 

Error! 

Bookm
 

ark
 

not
 

define 

d. 

17 

• 

18 

19 

purpose 34 268.1 (a) 140(2)(a) X 

applicability 34 268.1 (b) 140(2)(a) X 

conditions for 

continued land 

disposal: 

34,66 268.. 1(c) 140(2)(a) X 

persons with an 

extension 

34 268.1 (c)(1) 140(2)(a) X 

persons with an ­ exemption 

34 268.1 (c)(2) 140(2)(a) X 

wastes that are 

hazardous only 

because they exhibit 

a hazardous 

characteristic, and 

which are otherwise 

prohibited from land 

disposal, are not 

prohibited from land 

disposal if the 

wastes: 

34,39,5 

0,66,78 

268.1 (c)(3) 140(2)(a) X 

disposed into a 

nonhazardous or 

hazardous injection 

well as defined in 40 

CFR 144.6(a) 

78 268.1 (c)(3)(i) 140(2)(a) X 

do not exhibit any 

prohibited 

characteristic of 

hazardous waste at 

the point of injection 

78 268.1 (c)(3)(ii) 140(2)(a) X 

removed 34,39,5 

0,66 

268.1 (c)(4) 140(2)(a) X 

removed 39,48,5 

0,78 

268.1 (c)(5) 140(2)(a) X 

preserve waiver 50 268.1 (d) 140(2)(a) X

• DCLDR94J.15 - Revised: 7/29/94 

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20 

SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

availability under 

121 (d)(4) of CERCLA 

wastes which are not 66 

. subject to any 

provisions of Part 

268: 

wastes generated by 66 

generators of less 

than 100 kg of 

hazardous waste or 

less than 1 kg of 

acute hazardous 

waste, as defined in 

261.5 

waste pesticides that 66 

a farmer disposes 

pursuant to 262.70 

wastes identified or 66 

listed as hazardous 

after November 8, 

1984 for which EPA 

has not promulgated 

land disposal 

prohibitions or 

treatment standards 

de minimis losses to 124 

wastewater 

treatment systems of 

commercial chemical 

product or chemical 

intermediates that are 

ignitable or corrosive, 

and that contain 

underlying hazardous 

constituents as 

defined in 268.2, are 

not considered to be 

prohibited wastes; de 

minimis defined 

land disposal 124 

prohibitions do not 

apply to laboratorv 

wastes displaying the 

characteristic of 

268.1 (e) 

268.1 (e)(1) 

268.1 (e)(2) 

268.1 (e)(3) .. 

268.1 (e)(4) 

268.1 (e)(5) 

140(2)(a) X 

140(2)(a) X 

140(2)(a) X 

140(2)(a) X 

140(2)(a) X 

140(2)(a) X 

DClDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 44 of 135 
SPA 15
 

• 

CONSOLIDATED CHECKLIST:' Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

• 

21 

Error! 

Bookm
 

ark
 

not
 

define 

d., 

22 

• 

23 

ignitability or 

corrosivity that are 

commingled with 

other plant 

wastewaters under 

designated 

circumstances: such 

wastes at facilities 

whose ultimate 

discharge is subject 

to regulation under 

the CWA, provided 

the annualized flow of 

laboratory 

wastewater into 

facility's headwork 

does not exceed 1%, 

or provided that the 

laboratory wastes' •. _-_._-0-

combined annualized 

average concentration 

does not exceed one 

part per million in the 

facility's headwork 

DEFINITIONS APPLICABLE TO THIS PART 

Page 45 of 135 

introductory 

paragraph regarding 

definitions 

78 268.2 140(2)(a) X 

"halogenated organic 

compounds" or 

"HOCs" 

39,78 268.2(a) 140(2)(a) X 

"hazardous 

constituent or 

constituents" 

34,78 268.2(b) 140(2)(a) X 

"land disposal" 34,39,7 

8 

268.2(c) 140(2)(a) X 

"nonwastewaters" 78,83 268.2(d) 140(2)(a) X 

"polychlorinated 

biphenyls" or "PCBs" 

39,78 268.2(e) 140(2)(a) X 

DCLDR94J,15 - Revised: 7/29/94 

Printed: 4/17/98 
24 

SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

"wastewaters" 78 268.2(f) 140(2)(a) X 

"F001, F002, F003, 

F004, F005 solventwater mixtures" 

78,83 268.2(f)(1 ) 140(2)(a) X 

"K011, K013, K014 

wastewaters" 

78,83 268.2(f)(2) 140(2)(a) X 

"K1 03 'and K104 

wastewaters" 

78 268.2(f)(3) 140(2)(a) X 

"debris" 78,83,1 

09 

268.2(g) 140(2)(a) X 

removed 78,83,1 

09 

268.2(g)(1 H8) 140(2)(a) X 

"hazardous debris" 109 268.2(h) 140(2)(a) X 

"underlying hazardous 

constituent" 

124 268.2(i) 140(2)(a) X 

DCLDR94J.15 - Revised: 7/29/94 

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c 
•
 

SPA 15
 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions
 

as of June 30, .1994 (cont'd)
 

DILUTION PROHIBITED AS A SUBSTITUTE FOR TREATMENT
 

25 

I 

I 

•
 

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 

34,39,7 

8 

268.3{a) 140(2){a) X 

permissible forms of 

dilution related to 

Sections 307 or 402 

of the CWA; 

exception for 0003 

reactive cyanide 

wastewater or 

nonwastewater 

78,102 268.3{b) 

-

140(2){a) X 

t TREATMENT SURFACE IMPOUNDMENT EXEMPTION 

when prohibited 

wastes may be 

treated in a surface 

impoundment 

34 268.4{a) 140(2){a) X 

treatment occurs in 

impoundments 

34 268.4(a){ 1) 140(2){a) X 

soft hammer wastes 

in treatment surface 

impoundments that 

meet a list of 

conditions: 

34,39,5 

0 

268.4{a){2) 140(2){a) X 

sampling and testing 

requirements for 

wastes with and 

50 268.4{a){2){i) 140(2){a) X 

• DCLDR94J.15· Revised: 7/29/94 

Printed: 4/17/98 Page 47 of 135 
SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

C~

Error! 

Bookm 

ark 

not 

define 

d. 

Error! 

Bookm 

ark 

not 

define 

d. 

without treatment 

standards; 

supernatant and 

sludge samples tested 

separately 

annual removal of 

specific residues; 

residues subject to 

valid certification; 

flow-through standard 

of removal for 

supernatant 

50 268.4(a}(2}Oi} 140(2}(a} X 

requirements for 

subsequent 

management of 

treatment residues in 

another 

impoundment; 

prohibited unless 

certification under 

268.8 and standards 

of 268.8(a) are met 

50 268.4(a} (2) (iii) 140(2}(a} X 

(". 

recordkeeping 

requirements must be 

specified in the 

facility's waste 

analysis plan 

50 268.4(a}(2}(iv} 140(2}(a} X 

design 

requirements/exempti 

ons 

34 268.4(a}(3} 140(2}(a} X 

exempt under 

264.221 (d) or (e) or 

265.221 (c) or (d) 

_34 268.4(a}(3}(i} 140(2}(a} X 

conditions under 

which Administrator 

grants waiver of 

requirements; meets 

RCRA §3005(j}(2} 

34 268.4(a}(3}(ii} 140(2}(a} X 

268.4(a}(3) Oi} (A) 140(2}(a} X 

268.4(a}(3) (ii)(B) 140(2}(a} X 

DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 48 of 135 
SPA 15
 

•
 ~rror!

Bookm 

ark 

not 

define 

d. 

Error! 

Bookm 

ark 

not 

define 

d. 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

268.4(a)(3)(ii)(C) 140(2)(a) X 

modification granted 

on basis of a 

demonstration of no 

migration into 

groundwater or 

surface water at any 

future time; satisfies 

RCRA §3005(j)(11) 

no migration 

34 268.4(a)(3)(iii) 140(2)(a) X 

submittal of written 

certification and 

waste analysis plan. 

34 268.4(a)(4) 140(2)(a) X 

evaporation of 

hazardous 

constituents not 

considered treatment 

for exemption 

purposes 

39 268.4(b) 140(2)(a) X 

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

Guidance note: 268.5 is NOT DELEGABLE. States should see Note 0 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 34 268.5(a) Not Delegable 

Administrator for an . No Analog 

extension to effective 

date of any Part 268, 

Subpart C restriction; 

what the applicant 

must demonstrate: 

good-faith effort to 34 268.5(a)(1 ) No Analog 

locate and contract 

with treatment, 

recovery, or disposal 

facilities nationwide 

to manage waste 

according to Subpart 

C effective date 

binding contractual 34,39 268.5(a)(2) No Analog 

commitment to 

construct or provide 

• DCLDR94J.15 • Revised: 7/29/94 

Printed: 4/17/98 Page 49 of 135 
SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

alternate treatment, 

recovery (e.g., 

recycling), or disposal 

capacity that meets 

Subpart D treatment 

standards; 

requirements when 

no treatment 

standards 

demonstration that 

alternative capacity 

cannot reasonably be 

available by effective 

date due to 

34 268.5(a)(3) 

circumstances 

beyond applicant's 

control; how this 

must be 

demonstrated 

capacity being 

constructed or 

provided by applicant 

must be sufficient to 

34 268.5(a)(4) 

manage entire 

quantity of waste 

detailed schedule for 

obtaining required 

permits or outline of 

how and when 

34 268.5(a)(5) 

alternate capacity will 

be available 

. arranged for adequate 

capacity during 

extension and 

34 268.5(a)(6) 

documented in all site 

locations where 

wastes will be 

managed 

surface impoundment 

or landfill used must 

34 268.5(a)(7) 

meet 268.5(hH2) 

requirements 

certification by 

authorized 

34 268.5(b) 

No Analog 

No Analog 

No Analog 

No Analog 

No Analog 

.. No Analog 

o 

()
 

DCLDR94J.15 • Revised: 7/29/94 

Printed: 4/17/98 Page 50 of 135 
•• 

SPA 15
 

• 

·CONSOLIDATED CHECKLIST: Land Disposal Restriction's 

as of June 30, 1994 (cont'd) 

• 

representative signing 

an application 

Administrator may 

request additional 

information 

34 268.5(c) No Analog. 

extension applies only 

to waste generated at 

individual facility 

covered by extension 

34 268.5(d) No Analog 

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) No Analog 

\ 

u 

notify Administrator 

of change in certified 

conditions 

34 268.5(f) No Analog 

written progress 

. reports at intervals 

designated by 

Administrator; what 

progress reports must 

include'; conditions for 

revocation of 

extension by 

Administrator 

34 268.5(g) No Analog 

, 

during period 

established by 

Administrator for 

which extension is in 

34 268.5.(h) No Analog 

DCLDR94J, 15 • Revised: 7/29/94 

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c 

26 

SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

Error! 

Bookm 

ark 

not 

define 

d. 

effect: 

268.5(a) storage 34,39 268.5(h)(1 ) No Analog 

restrictions do not 

apply 

conditions for 34,50,6 268.5(h)(2) No Analog 

disposal in landfill or 6 

.surface impoundment 

regardless of whether 

unit is existing, new, 

replacement or lateral 

extension 

interim status landfill 

requirements 

34 268.5(h)(2)(i) No Analog 

permitted landfill 34,109 268.5 (h)(2) (ii) No Analog 

requirements 

interim status surface 34,39 268.5 (h)(2)(iii) No Analog 

impoundment 

requirements 

permitted surface 34,109 268.5(h)(2)(iv) No Analog 

impoundment 

requirements 

surface 109 268.5{h)(2)(v) No Analog 

impoundments newlysubject 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 

requirements for 39,109 268.5{h)(2)(vi) No Analog 

landfills disposing of 

specified PCB waste 

pending decision on 34 268.5(j) No Analog 

application, 

compliance with all 

legal disposal , 

restrictions once 

effective date has -

()
 

DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 52 of 135 
•
 

SPA 15
 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions
 

as of June 30, 1994 (cont'd)
 

~~~nl ~lel~f~i9t II II H H H H HL'H H II M M H HL H H H H H II II H H M I; H II JII II M II II M II II M H M II II III II M M III H HilI H II II M M [ II H II 

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

IS )( * _I If )( II II If M JI Jf II if )( It ... )( II )( )I II It II II " If II If If K )l' )( M • )( If )( U M If )( U M M It Jl II Jf M .. )( " if I( II 11 if II )( K M If If if )( )( JI )( U J( II 

Guidance note: 268.6 is NOT DELEGABLE. States should see Note 0 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 

.. 

Not Delegable 

No Analog 

identify specific unit 

and waste 

34 268.6{a){1 ) No Analog 

waste analysis 34 268.6{a){2) No Analog 

comprehensive 

disposal unit 

characterization 

34 268.6{a){3) No Analog 

monitoring plan 

detecting migration at 

the earliest time 

50 268.6{a){4) No Analog . ''''..:",' 

sufficient information 

to assure 

Administrator that 

owner/operator is in 

compliance with other 

applicable Federal, 

State and local laws 

50 268.6{a){5) No Analog 

demonstration 

criteria: 

50 268.6(b) No Analog .. 

data must be 

accurate and 

reproducible 

50 268.6{b){1 ) No Analog 

Administrator 

approved sampling, . 

testing and estimation 

techniques 

34 268.6(b){2) No Analog 

model calibration; 

models verified with 

actual data 

34 268.6{b){3) No Analog 

quality 

assurance/control 

plan approved by 

34 268.6{b){4) No Analog 

• DCLDR94J.15 • Revised: 7/29/94 

Printed: 4/17/98 Page 53 of 135 
27 

SPA 15 

.CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

o
 

Administrator 

uncertainty analysis 34. 268.6{b)(5) No Analog 

what each petition 

must include: 

50 268.6{c) No Analog 

monitoring plan 

including description 

of monitoring 

program to verify 

continued compliance 

with variance; 

information which 

must be included 

50 268.6{c)(1 ) No Analog 

media monitored 50 268.6Ic)( 1)(i) No Analog 

type of monitoring 50. 268.6Ic)(1 )(ii) No Analog 

monitoring station 

location 

50 268.6Ic)(1 )(iii) No Analog 

monitoring interval 50 268.6Ic)(1 )(iv) No Analog 

specific hazardous 

constituents to be 

monitored 

50 268.6Ic)(1 )(v) No Analog 

monitoring program 

implementation 

schedule 

50 268.6Ic)(1 )(vi) No Analog 

monitoring station 

equipment 

50 268.6Ic)(1 )(vii) No Analog 

sampling and 

analytical techniques 

employed 

50 268.6Ic)( 1)(viii) 

--

No Analog 

data 

recording/reporting 

procedures -­

50 268.6Ic)(1 )(ix) No Analog 

268.6{c)(1 ) 

monitoring program 

must be in place by 

Administratorspecified time period, 

as part of approval of 

the petition, prior to 

prohibited waste 

receipt at unit 

50 268.6{c)(2) No Analog 

268.6Ic)(1 ) 

monitoring data sent 

to Administrator 

according to 

50 268.6Ic)(3) No Analog 

-

()
 

DCLDR94J.15 • Revised: 7/29/94 

Printed: 4/17/98 Page 54 of 135 
SPA 15
 

•
 

• 

Error! 

Bookm 

ark 

not 

define 

d., 

28 

29 

•
 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 Icorrt'd) 

monitoring plan must 

be according to 

.approved format and 

schedule 

monitoring data as 

per 268.6(c)(1) 

monitoring plan must 

be kept in on-site 

operating record 

50 268.6(c)(4) No Analog 

criteria the 

268.6(c)(1 ) 

monitoring program 

must meet: 

50 268.6(c)(5) No Analog 

Administrator 

approval for all 

sampling, testing, and 

analytical data; data 

accurate and 

reproducible 

50 268.6(c)(5)(i) No Analog 

Administrator 

approval of all 

estimation and 

monitoring techniques 

50 268.6(c)(5)(ii) No Analog 

.. 

QA/QC plan for all 

aspects of monitoring 

program provided to 

and approved by 

Administrator 

50 - ­ 268.6(c)(5}(iii) No Analog 

petition submitted to 

Administrator 

34,50 268.6(d) No Analog 

reporting of changes 

at unit and/or 

surrounding 

environment that 

significantly depart 

from variances and 

affect migration 

potential 

50 268.6(e) No Analog 

changes to unit 50 268.6(e)( 1) No Analog 

DCLDR94J.15· Revised: 7/29/94 

Printed: 4/1 7/98 Page 55 of 135 
c 

SPA 15
 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

o 

30 

31 

Error! 

o 

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 

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) No Analog 

owner/operator 

responsibilities if 

hazardous waste 

migration: 

50 268.6(f) No Analog 

immediate suspension 

of prohibited waste 

receipt 

50,66 268.6(f)(1 ) No Analog 

within 10 days 

written notification to 

Administrator 

50 268.6(f)(2) No Analog 

. 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) No Analog 

signed statement 34,50 268.6(g) No Analog 

Administrator may 34,50 .268.6(h) No Analog 

DCLDR94J.15· Revised: 7/29/94 

Printed: 4/17/98 Page 56 of 135 
SPA 15
 

•

Bookm 

ark 

not 

define 

d. 

Error! 

Bookm 

ark 

not 

define 

d. 

Error! 

Bookm 

ark 

not 

define 

d. 

Error! 

Bookm 

ark 

not 

efine •. d: 

Error! 

Bookm 

ark 

not 

define 

d. 

Error! 

Bookm 

ark 

not 

define 

d. 

32 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

request additional 

information 

waste unit to which 

petition applies 

34,50 268.6(i) No Analog 

. Administrator gives 

public notice in 

Federal Register; final 

decision in Federal 

Register 

34,50 268.6(j) No Analog 

term of petition 34,50 268.6(k) 

/ 

No Analog 

requirements prior to 

Administrator's. 

decision 

34,50 268.6(1) No Analog 

', 

petition granted by 

Administrator does 

not relieve 

responsibilities under 

RCRA 

34,50 268.6(m) No Analog 

noneligibility of 

certain liquid PCB 

wastes for "no 

migration" petitions 

under 268.6 

39,50 268.6(n) No Analog 

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

• DClDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 57 of 135 
SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

WASTE ANALYSIS AND RECORDKEEPING
 

Error! 

Bookm 

ark 

not 

define 

d., 

33 

generator determines 34,39,5 268.7{a) 140(2){a) X 

whether listed waste 0,83,12 .­

is a restricted waste; 

268.32 exception; if 

characteristic is 

exhibited, test extract 

using 268, Appendix 

IX Method or use 

knowledge of waste 

to determine whether 

restricted from land 

disposal; what the 

generator must do if 

he determines that 

his waste displays 

characteristic of 

ignitability or 

corrosivity and is 

prohibited under 

268.37 

4 

-

if generator is 

managing restricted 

waste that does not 

meet applicable 

treatment standards, 

must notify treatment 

or storage facility of 

appropriate treatment 

standards 

34,39,5 

0 

268.7(a){1) 140(2){a) X 

()
 

DCLDR94J.15 • Revised: 7/29/94 

Printed: 4/17/98 Page 58 of 135 
--

--

SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

34 , 

35 

Errorl
 

ookm
 • 

ark
 

not
 

define
 

d. 

information the notice 

must include 

34 268.7(a)(1)(i) 140(2)(a) X 

34,39,7 

8,83,12 

4 

268. 7(a)( 1)(ii) 140(2)(a) X 

34,109 268. 7(a)( 1)(iii) 140(2)(a) X 

109 268. 7(a)( 1)(iv) 140(2)(a) X 

34,109 268.7(a)( 1)(v) 140(2)(a) X 

if managing restricted 

waste that can be 

land disposed without 

further, treatment, 

notice and 

certification to 

treatment, storage, or 

land disposal facility; ­

generators of 

hazardous debris that 

is excluded from the 

definition of 

hazardous waste 

under 261.3(e)(2) not 

subject to notice and 

certification 

34,39,5 

0,109 

268.7(a)(2) 

"------ _.. 

140(2)(a) X 

information required 

in notice to 

treatment, storage or . 

land disposal facility 

34 

34,39,7 

8,83 

34 

268.7(a)(2)(i) 140(2)(a) X 

268.7(a)(2)(i)(A) 140(2)(a) X 

268.7(a)(2)(i)(B) 140(2)(a) X 

268.7(a)(2)(i)(C) 140(2)(a) X

• DCLDR94J. 15 - Revised: 7/29/94 

Printed: 4/17/98 Paqe 59 of 135 
--- -- - -

SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

Error! 

Bookm 

ark 

not 

define 

d. 

36 

certification 

signature/statement 

268.7(a)(2)(i)(D) 140(2)(a) X 

34,39 268.7(a)(2)(ii) 140(2)(a) X 

for waste subject to 

exemption from 

prohibition (such as a 

case-by-case 268.5 

extension, 268.6 

exemption or Subpart 

C nationwide 

capacity variance) on 

land disposal method 

used for the waste, 

notice to receiving 

facility that waste. is 

not prohibited from 

land disposal 

34,50,6 

6 

268.7(a)(3) 140(2)(a) X 

information the notice 

must include 

50 268.7(a)(3)(i) - --- ... 

140(2)(a) X 

50,78,8 

-3- ­

268.7(a)(3)(ii) " ... . - .­140(2)(a) X 

50 268.7(a)(3) (iii) 140(2)(a) X 

50,109 268.7(a)(3)(iv) 140(2)(a) X 

109 268.7(a)(3)(v) 140(2)(a) X 

50,109 268.7(a)(3)(vi) 140(2)(a) X 

for prohibited waste 

managed in tanks, 

containers, or 

containment buildings 

under 262.34 and 

treated to meet 268 

Subpart D standards, 

waste analysis plan 

to be developed, 

followed and kept onsite; generators 

treating hazardous 

debris under 268.45, 

Table 1· alternative 

treatment standards 

not subject to 

analysis requirements 

50,66,7 

8,109 

268.7(a)(4) 140(2)(a) X 

waste analysis plan 

based on detailed 

50,78· 268.7(a)(4)(i) 140(2)(a) X 

o 

37 

38 

() 

DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/1 7/98 Page 60 of 135 
SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

Error! 

Bookrn 

ark 

not 

define 

d. 

Error! 

Bookm 

ark 

. not 

define 

d. 

• Error! 

~ookmark 

not 

define 

d. 

Error! 

Bookm 

ark 

not 

define 

d.,39 

•
 

chemical and physical 

analysis of 

representative 

sample; contain 

information necessary 

to treat waste in 

accordance with 268 

requirements 

file plan with EPA 

Regional 

Administrator or 

authorized State 30 

days prior to 

treatment; delivery 

verified 

50,78 268.7(a)(4).(ii) 140(2)(a) X 

compliance with 

268.7(a)(2) 

notification 

. requirements for 

wastes shipped offsite 

50,78 268.7(a)(4)(iii) 140(2)(a) X 

removed 50,78 268.7(a)(4)(iv) 140(2)(a) X 

maintenance of data 

supporting knowledge 

of waste; retention of 

waste analysis data 

on-site in files 

34,5_0 268.7(a)(5) 140(2)(a) X -

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 

83 268.7(a)(6) 140(2)(a) . X 

DCLDR94J.15 • Revised: 7/29/94 

Printed: 4/17/98 Page 61 of 135 
40 

SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

t, 

Error! 

Bookm 

ark 

not 

define 

d., 

Error! 

Bookm 

ark 

not 

define 

d. 

t, 

Error! 

Bookm 

ark 

not 

define 

d., 

Error! 

Bookm 

ark 

five-year retention 

period for notices, 

certifications, 

demonstrations, etc., 

produced relative. to 

268.7; extensions 

during 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 261.2-261.6 

or exempted from 

Subtitle C regulation 

subsequent to the 

point of generation .. 

notice for a generator 

managing a lab pack 

that contains wastes 

identified in Appendix 

IV if use alternative 

treatment standards 

under 268.42; 

268.7(a)(5)&(6) 

compliance; 

certification 

notice for a generator 

managing a lab pack 

that contains 'orqanic 

wastes specified in 

Appendix V if use 

alternate treatment 

standard under 

268.42; 

268.7(a)(5)&(6) 

compliance; 

50,83
 

-

. " .... -

78,83 

78,83 

268.7(a)(7) . 

. . 

140(2)(a) X 

- 268.7(a)(8) 140(2)(a) X 

268.7(a)(9) 140(2)(a) X 

o
 

DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 62 of 135 
SPA 15
 

• not 

define 

d. 

Error! 

Bookm 

ark 

not 

define 

d. 

• 

41 

•

Error! 

Bookm

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

certification 

notification and 

certification 

78,83 268.7(a)(10) , 140(2)(a) X 

requirements for 

small quantity 

generators, with 

tolling agreements 

pursuant to 40 CFR 

262.20(e) 

treatment facility 

testing at frequency 

specified in waste 

analysis plan 

testing when 

standards are 

34,39,5 

0 

50 

268.7(b) 

268. 7(b)(1) 

140(2)(a) 

140(2)(a) 

X 

X 

expressed as 

concentrations in 

waste extract 

testing of 268.32 or 

RCRA 3004(d) 

prohibited wastes not 

subject to Subpart D 

treatment standards 

50 268.7(b)(2) 140(2)(a) X 

testing for wastes 

with treatment 

50 268.7(b)(3) 140(2)(a) X 

standards expressed 

as concentrations in 

waste 

notice with each 

shipment by 

treatment facility to 

land disposal facility; 

however, debris 

excluded from the 

34,50,1 

09 

268.7(b)(4)' 140(2)(a) X 

hazardous waste 

definition at 261.3(e) 

is subject to 

notification and 

certification under 

268.7(d) 

information the notice 

must include 

34,50 268.7(b)(4)(i) 140(2)(a) X 

DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 63 of 135 
42 

c 

SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

ark 

not 

define 

d., 

Error! 

Bookm 

ark 

not 

define 

d. 

E~ror!

Bookm 

ark 

not 

define 

d. 

Error! 

Bookm 

ark 

not 

define 

d. 

, 

34,39,5 

0,78,83, 

124 

268.7(b},(4)(ii) 140(2)(a) X 

34,50 268.7(b)(4)(iii) 140(2)(a) X 

268.7(b)(4)(iv) 140(2)(a) X 

certification of each 

shipment; however, 

debris excluded from 

the definition of 

hazardous waste 

under 261.3(e) is 

subject to notification 

and certification 

under 268.7(d) 

34,39,5 

0,109 

268.7(b)(5) 140(2)(a) X 

certification 

requirements for 

wastes with 

treatment standards 

expressed as 

concentrations in the 

waste extract or in 

the waste, or for 

wastes prohibited 

under 268.32 or 

RCRA Section 

3004(d) which do not 

have 268, Subpart D 

treatment standards 

34,39,5 - 0,78 

268.7(bU5)(i) 140(2)(a) X 

certification 

requirements for 

wastes with 

treatment standards 

expressed as ­

technologies 

34,50 268.7(b)(5)(ii) 140(2)(a) X 

o
 

()
 

DCLDR94J.15 • Revised: 7/29/94 

Printed: 4/17/98 Page 64 of 135 
SPA 15
 

•
 

43 

• 

44 

Error! 

Bookm 

ark 

not 

define 

d. 

Error! 

Bookm 

• 

ark 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

certification 

requirements for 

wastes with 

treatment standards 

expressed as 

concentrations in the 

waste pursuant to 

268.43 

78 268.7(b)(5)(iii) 140(2)(a) X 

compliance with 

generator notice and 

certification 

requirements if waste 

sent offsite 

50 268.7(b)(6) 140(2)(a) X 

no 268.7(b)(4) 

notification for 

recyclable materials 

used in a manner 

constituting disposal 

and subject to 

266.20(b}; with each 

shipment 268.7(b)(5) 

certification and 

268.7(b)(4) notice to 

Regional 

Administrator; 

records of recipients 

of waste-derived 

products 

50,66,7 

8 

268.7(b)(7) 140(2)(a) X 

. 

requirements for land 

disposal facility 

except where the 

owner or operator is 

disposing recyclable 

wastes pursuant to 

266.20(b): 

34,39,5 

0,78 

268.7(c) 140(2)(a) X 

have copies of notice 

and certifications 

under 268.7(a) or (b) 

and certifications in 

268.8 if applicable 

34,39,5 

0 

268.7(c)(1 } 140(2)(a) X 

test of waste or 

extract; applicable 

treatment standards 

39,50 268.7(c)(2} 140(2)(a) X 

DCLDR94J. 15 • Revised: 7/29/94 

Printed: 4/17/98 Page 65 of 135 
SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

not 

define 

d. 

45 

Error! 

Bookrn 

ark 

not 

define 

d. 

c 

to be met; frequency 

of testing 

removed 50,78 268.7(c)(3) 140(2)(a) X 

removed 66,78 26.8.7(c)(4) 140(2)(a) X 

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) 

109 268.7(d) 140(2)(a) X 

one-time notification 

including specified 

information 

109 268~7(d)(1) 140(2)(a) X 

268.7(d)(1 )(i) 140(2)(a) X 

268.7(d)( 1)(ii) 140(2)(a) X 

268. 7(d)( 1)(iii) 140(2)(a) X 

when notification 

must be.updated 

109 268.7(d)(2) 140(2)(a) X 

how the owner or 

operator must 

document and certify 

compliance with 

Table 1, 268.45 

treatment standards 

109 268.7(d)(3) 140(2)(a) X 

268.7(d)(3)(i) 140(2)(a) X 

268.7(d)(3)(ii) 140(2)(a) X 

268.7(d)(3)(iii) 140(2)(a) X 

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 

50,78 268.8(a) 140(2)(a) X 

DCLDR94J.15· Revised: 7/29/94 

Printed: 4/17/98 Page 66 of 135 
SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

requirements of 

268.8 are met;
 

section not in effect
 

after May 8, 1990
 

good faith generator
 

effort to contract
 

with treatment and
 

recovery facilities
 

providing greatest
 

environmental benefit
 

specific requirements
 

for generator if no
 

practically available
 

treatment for waste:
 

prior to initial
 

shipment,
 

-demonstration . to 

Regional 

Administrator 

• 

containing specified 

lists and written 

discussion; 

certification; waste 

shipment 

for initial shipment, 

demonstration and 

certification sent to 

receiving facilities; 

certification only for 

subsequent 

shipments; generator 

recordkeeping and 

five-year retention 

specific requirements 

for generator if there 

are practically 

available treatments 

for waste: 

prior to initial 

shipment, 

demonstration to 

Regional 

Administrator 

• 

containing specified 

50 268.8(a)(1 ) 140(2)(a) X 

50,66 268.8(a)(2) 140(2)(a) X 

50,66 268.8(a)(2)(i) 140(2)(a) X 

50,66 268.8(a)(2)(ii) 140(2)(a) X 

50,66 268.8(a)(3) 140(2)(a) X 

66 268.8(a)(3)(i) 140(2)(a) X 

Page 67 of 135 

DCLDR94J.15· Revised: 7/29/94 

Printed: 4/17198 
--

46 

SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 Icorrt'd) o 

lists and written 

discussion; 

certification; waste 

shipment 

with initial shipment 66 

copy of 

demonstration and 

certification sent to 

receiving facilities; 

certification only for 

subsequent 

shipments; generator 

recordkeeping and 

five-year retention 

where there is 50 

practically available 

treatment for waste 

prior to disposal, copy 

of demonstration and 

certification 

submitted to 

receiving facility with 

initial shipment; 

certification only for - subsequent 

shipments; generator 

record keeping and 

five-year retention 

additional information 50 

for certification if 

requested by Regional 

Administrator; 

submittal of new 

demonstration and 

certification as 

provided in 268.8(a) 

to the receiving 

facility 

notification when any 50,66 

change in conditions 

forming basis of 

certification occurs 

invalidation when 50 

Regional 

268.8(a)(3)(ii) 

268.8(a)(4) 

140(2)(a) X 

140(2)(a) X 

'140(2)(a) X 

140(2)(a) X 

140(2)(a) X 

o . .. ..- • __0 •• 

268.8(b) 

' 

268.8(b)(1 ) 

268.8(b)(2) 

() 

DCLDR94J, , 5 - Revised: 7/29/94 

Printed: 4/1 7/98 Page 68 of 135 
SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

• 

Administrator finds 

practically available 

treatment method or 

a method yielding 

greater environmental 

benefit than certified 

when certification is 

invalidated, generator 

must cease shipment, 

communicate with 

facilities receiving 

waste, and keep 

records of 

communication 

50 268.8(b)(3) 140(2)(a) X 

receiving treatment, 

recovery or storage 

facilities keep copy of 

generator's 

demonstration and 

certification 

50 268.8(cl 140(2)(a) X 

receiving treatment, 

storage or recovery 

facility certify waste 

treated according to 

generator's 

demonstration 

50 268.8(c)(1 ) 140(2)(a) X 

for initial shipment, 

treatment, recovery 

or storage facility 

must send copy of 

generator's 

demonstration and 

certification(s) to 

facility receiving 

waste or treatment 

. residues; certification 

only for subsequent 

shipments, if 

certification 

conditions remain 

unchanged 

50,66 268.8(c)(2) 140(2)(a) X 

disposal facility must 

assure certification 

prior to disposal in 

50,66 268.8(d) 140(2)(a) X 

• DClDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 69 of 135 
SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

landfill or surface 

impoundment unit 

and units in 

accordance with 

268.5(h)(2) for 

wastes prohibited 

under 268.33(f) . 

wastes may be 

disposed in landfill or 

surface impoundment 

meeting 268.5(h)(2) 

requirements if 

certified and treated 

50 268.8(e) 140(2)(a) X 

o
 

()
 

DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 70 of 135 
•
 

SPA 15
 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions
 

as of June 30, 1994 (cont'd)
 

SPECIAL RULES REGARDING WASTES THAT EXHIBIT A CHARACTERISTIC
 

determination. of 78,83,1 268.9(a) 140(2)(a) X 

applicable treatment 24 

standards under 

•
 

•
 

Subpart D, Part 268 

by initial generator of 

a solid waste; code 

designation and 

exceptions; 

conditions under 

which ge.nerator must 

determine what 

underlying hazardous 

characteristics are 

reasonably expected 

to be present in the 

waste 

the treatment 

standard for the 

waste code listed in 

40 CFR Part 261 , 

Subpart D will 

operate for wastes 

both listed under 

Subpart D, Part 261 

and exhibit a 

characteristic under 

Subpart C, Part 261; 

conditions under 

which treatment 

standards for all 

- -_.- -­

78 268.9(b) 140(2)(a) X 

DClDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 71 of 135 
c 

SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

applicable listed and 

characteristic waste 

codes must be met 

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) 140(2)(a) X 

wastes that exhibit a 

characteristic are 

subject to 268.7 

requirements; once 

wastes are no longer 

hazardous, place onetime 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 

78,109 268.9(d) 140(2)(a) X 

information needed 

with each notification 

78 268.9(d)(1 ) 140(2)(a) X 

78,109 268.9(d)(1 )(i) 140(2)(a) X 

78,83,1 

09 

268.9(d)(1 )(ii) 140(2)(a) X 

78,109 268.9(d)( 1)(iii) 140(2)(a) X 

certification signed by 

authorized 

representative stating 

language found in 

268.7(b)(5) 

78,109 268.9(d)(2) 140(2)(a) X 

SUBPART B - SCHEDULE FOR LAND DISPOSAL PROHIBITION AND ESTABLISHMENT OF 

TREATMENT STANDARDS ."1 ( j 

DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 72 of 135 

c 
•• 

SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

47 SURFACE IMPOUNDMENT EXEMPTIONS 

defines additional 

circumstances in 

which prohibited 

waste may continue 

to be placed in a 

surface impoundment 

109 268.14(a) 140(2)(a) X 

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) 140(2)(a) X 

continue treatment of 

"newly identified 

waste" in newly 

regulated 

impoundment, 

provided waste is not 

otherwise prohibited, 

and surface 

. impoundment is in 

compliancewith 265, 

Subpart F within 12 

months after new 

listing/characteristic 

promulgation : 

109 268.14(c) 140(2)(a) X 

•
 

SUBPART C - PROHIBITIONS ON LAND DISPOSAL
 

WASTE SPECIFIC PROHIBITIONS - SOLVENT WASTES
 

• DCLDR94J.15 - Revised: 7/29/94 

Printed: 4117/98 Page 73 of 135 

48 effective November 34 268.30(a) 140(2)(a) X 

8, 1986, F001-F005 

spent solvent wastes, 

as specified in 
SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

Error! 

Bookm 

ark 

not 

define 

d. 

o 

() 

261.31, are 

prohibited from land 

disposal unless one or 

more conditions 

apply: 

generated by an SQG 

of 100-1000 kg/mo 

34 268.30(a)(1 ) 140(2)(a) X 

generated by a 

CERCLA response 

action/corrective 

action except where 

waste is 

contaminated soil or 

debris 

34,50 268.30(a)(2) 140(2)(a) X 

concentration-specific 

exemption (solvent 

waste with less than 

1% total solvent 

constituent) 

34,50 268.30(a)(3) 140(2)(a) X 

solvent waste residue 

from treating a 

268.30(a)( 1), (a)(2), 

or (a)(3) waste or 

residue from other 

wastes meeting 

specific requirements 

39 268.30(a)(4) 140(2)(a) X 

effective November 

8, 1988, the F001-

F005 solvent 

exemptions of 

268.30(a)( 1)-(4) are 

prohibited from land 

disposal 

34,50 268.30(b) 140(2)(a) X. 

land disposal of 

F001-F005 solvent 

wastes that are 

contaminated soil and 

debris (and their 

treatment residues) 

resulting from 

CERCLA action or 

RCRA corrective 

action prohibited after 

50 268.30(c) 140(2(a) X 

DCLDR94J.15 • Revised: 7/29/94 

Printed: 4/17/98 Page 74 of 135 
SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

49 

Error! 

Bookm
 

ark
 

not
 

·define· 

d. 

Error! 

Bookm
 

ark
 

not
 

.define 

d. 

• Error! 

Bookm
 

ark
 

not
 

define 

d. 

November 8, 1990; 

permitted disposal in 

landfill or surface 

impoundment unit in 

compliance with 

268.5(h)(2) prior to 

November 8, 1990 

situations where 

268.30(a), (b) and (c) 

.do not apply: 

34,50 268.30(d) 140(2)(a) X 

wastes treated to 

meet Subpart D of 

Part 268 

34,50 268.30(d)(1 ) 140(2)(a) X 

disposal at facility 

with successful no­

. migration petition 

34,50 268.30(d)(2) 140(2)(a) X 

wastes. and units for 

which case-by-case 

extensions have been 

granted 

34,50 268.30(d)(3) 140(2)(a) X 

WASTE SPECIFIC PROHIBITIONS - DIOXIN-CONTAINING WASTES
 

Error! 

Bookm
 

ark
 

not
 

define 

d. 

effective November 

8, 1988, the dioxincontaining wastes, 

F020-F023 and F026-

F028, are prohibited 

from land disposal 

unless a specific : 

condition applies: 

34,50 2'68.31 (a) 140(2)(a) X 

"­

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) 140(2)(a) X 

• DCLDR94J.15· Revised: 7/29/94 

Printed: 4/1.7198 Page 75 of 135 
SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) () 

Error! 

Bookm 

ark 

not 

define 

d. 

Error! 

Bookm 

ark 

not 

define 

d.,5o 

Error! 

Bookm 

ark 

not 

define 

d.,Erro 

r! 

Bookm 

ark 

not 

define 

d. 

Error! 

Bookm 

ark 

not 

define 

d.,Erro 

r! 

Bookm 

ark 

prohibit land disposal 

of F020-F023 and 

F026-F028 dioxincontaining wastes of 

268.31 (a)(1) 

effective November 

8, 1990 

50 268.31(b) 140(2)(a) X 

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) 140(2)(a) X 

situations where 

268.31 (a) and (b) do 

not apply 

34,50 268.31 (d) 140(2)(a) X 

wastes treated to 

meet Subpart D, Part 

268 standards 

34,50 268.31 (d)(1) 140(2)(a) X 

disposal at facility 

with successful nomigration petition 

34,50 268.31 (d)(2) 140(2)(a) X 

o
 

()
 

DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 76 of 135 
. SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

, 

not
 

define
 

d. 

Error!
 

Bookm
 

ark
 

not 

define 

d.,Erro
 

r!
 

Bookm
 

ark
 

not 

define 

d. 

extension to effective 

date of a prohibition 

34,50 268.31 (d)(3) 140(2)(a) X 

WASTE SPECIFIC PROHIBITIONS - CALIFORNIA LIST WASTES
 

•
 

prohibitions effective 

July 8, 1987, except 

in injection wells: 

39 268.32(a) 140(2)(a) X 

liquids having pH less 

than or equal to 2.0 

39 268.32(a)(1 ) 140(2)(a) X 

liquids containing 

PCBs greater than or 

equal to 50 ppm 

39 268.32(a)(2) 140(2)(a) X 

liquids containing 

HOCs greater than or 

equal to 1,000 mgtl 

and less than 10,000 

mgtl 

39 268.32(a)(3) 140(2)(a) X 

reserved 39 268.32(b) 140(2)(a) X 

reserved 39 268.32(c) 140(2)(a) X 

268.32(a) and (e) 

requirements do not 

apply until specific 

calendar dates: 

39,50 268.32(d) 140(2)(a) X 

July 8, 1989 for 

contaminated soil or 

debris not resulting 

from a 104 or 106 

CERCLA response or 

a RCRA corrective 

action; disposal 

allowed between July 

8, 1987, and July 8, 

50 268.32(d)(1 ) 140(2)(a) X 

• DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 77 of 135 
- -

51 

SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

1989, in landfill or 

surface impoundment 

in compliance with 

268.5(h)(2) 

November 8,1990 

for contaminated soil 

or debris resultingfrom a CERCLA 104 

or 106 response or a 

RCRA corrective 

action; disposal 

between November 8, 

1988, and November 

8, 1990, permitted in 

landfill or surface 

impoundment in 

compliance with 

268.5(h)(2) 

50 268.32(d)(2) 

.-. 

land disposal 

prohibitions effective 

November 8, 1988: 

39,50 268.32(e) 

liquids containing 

HOCs greater than or 

equal to 1,000 mgtl 

and not prohibited 

under 268.32(a)(3) 

39 268.32(e)(l) , .... 

non liquid wastes 

containing HOCs 

greater than or equal 

to 1,000 mgtkg and 

not wastes described 

in 268.32(d) 

39,50 

.. 

268.32(e)(2) 

- .­ -. 

between July 8, 

1987, and November 

8, 1988, 

268.32(e)(1) and 

(e)(2) wastes may be 

disposed of in a 

landfill or surface 

impoundment if 

disposal complies 

with 268.5(h)(2) 

39,50,6 

6 

268.32(f) 

requirements of 

268.32(a), (d) and (e) 

39!50 268.32(g) 

140(2)(a) 

-

140(2)(a) 

140(2)(a) 

140(2)(a) 

. __ . 

140(2)(a) 

140(2)(a) 

X 

X 

X 

X 

X 

X 

DCLDR94J.15· Revised: 7/29/94 

Printed: 4/n/98 Page 78 of 135 
SPA 15
 

• 

CONSOLIDATED CHECKLIST:" Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

Error! 

Bookm
 

ark
 

not
 

efine

• d. 

do not apply under 

certain conditions: 

granted a 268.6 

exemption 

39 268.32(g)(1 ) 140(2)(a) X 

granted a 268.5 

exemption 

39 268.32(g)(2) 140(2)(a) X 

in compliance with 

Subpart D standards, 

or, where standard 

not specified, with 

RCRA 3004(d) or 

268.32 prohibitions 

39 268.32(g)(3) 140(2)(a). X 

requirements of 

268.32(a)(3), (d) and 

(e) do not apply when 

subject to Part 268, 

Subpart C prohibition 

39,50 268.32(h) 140(2)(a) X 

method 9095 

required 

39 268.32(i) 140(2)(a) X 

applicability of waste 

analysis/recordkeepin 

g requirements of 

268.7: 

39 268.32(j) 140(2)(a) X 

initial generator must 

use 261.22(a)(1) 

procedures or 

knowledge of pH; pH 

less than or equal to 

2.0 restriction 

39 268.32(j)(1 ) 140(2)(a) X 

initial generator must 

test for or have 

knowledge of HOC or 

"PCB concentration 

levels; restriction 

above levels 

39 268.32(j)(2) 140(2)(a) X 

WASTE SPECIFIC PROHIBITIONS - FIRST THIRD WASTES 

• 

specific wastes 50,66 268.33(a) 140(2)(a) 

prohibited from land 

disposal effective 

August 8, 1988 

X 

DClDR94J.1 5 - Revised: 7/29/94 

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SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) () 

land disposal 

prohibition of K061 

waste containing . 

15 % or greater of 

zinc pursuant to . 

268.41 treatment 

standard for K061 

containing less than 

15% zinc 

50 268.33(a)(1 ) 140(2)(a) X 

K071 prohibited from 

land disposal 

effective August 8, 

1990 

50,83 268.33(b) 140(2)(a) 

-

X 

effective August 8, 

1990, land disposal 

prohibition of wastes . 

specified in 268.10 

having a treatment 

standard in 268, 

Subpart D based on 

incineration and 

which are 

contaminated soil and 

debris 

50 268.33(c) 

-

140(2)(a) X 

between November 8, 

1988, and August 8, 

1990, landfill or 

surface impoundment 

disposal of wastes 

included under 268(b) 

& (c) permitted if unit 

is in compliance with 

268.5(h)(2) 

50 268.33(d) 140(2)(a) X 

requirements of 

268(a)-(d) do not 

apply if: 

50 268.33(e) 140(2)(a) X 

waste meets 

applicable 268, 

Subpart D standards 

50 268.33(e)(1 ) 140(2)(a) X 

granted an exemption 

from prohibition for 

wastes and units 

under 268.6 

50 268.33(e)(2) 140(2)(a) X 

granted an extension 50 268.33(e)(3) 140(2)(a) X 

o
 

() 

DCLDR94J.15 • Revised: 7/29/94 

Printed: 4/17/98 Page 80 of 135 
SPA 15
 

• . CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

to an effective date 

for wastes under 

268.5 

prohibition of landfill 

or surface 

impoundment 

disposal of wastes 

specified in 268.10 

for which treatment 

standards have not 

been promulgated 

(other than 268.32 or 

RCRA 3004(d) 

prohibitions) unless a 

demonstration and 

certification have 

been submitted 

50,66 

-. 

268.33(f) 140(2)(a) X 

for a waste listed in 

268.10, initial 

generator testing to 

determine if 268.41 

and 268.43 treatment 

standards are 

exceeded; prohibition 

from land disposal if 

exceed standards 

50,66 268.33(g) 140(2)(a) X 

•
 

WASTE SPECIFIC PROHIBITIONS - SECOND THIRD WASTES
 

effective June 8, 63 268.34(a) 140(2)(a) X 

1989, prohibition 

from land disposal of 

specific 261.31, 

261.32 and 261.33 

wastes 

effective June 8, 63 268.34(b) 140(2)(a) X 

1989, prohibition 

from land disposal, 

except underground 

injection pursuant to 

148.14(f) and 

148.15(d), of certain 

261.32 wastes 

effective June 8, 63 . 268.34(c) 140(2)(a) X 

1989, prohibition 

from land disposal of

• DCLDR94J. 15 • Revised: 7/29/94 

Printed: 4/17/98 Page 81 of 135 
SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

F006, F008, FOO9, 

F011 and F012 

effective July 8, 63 268.34(c)(1 ) 140(2)(a) X 

1989, FOO7 

prohibited from land 

disposal except 

underground injection -

pursuant to 148.14(f) 

July 8,.1989, until 63 268.34(c)(2) 140(2)(a) X 

December 8, 1989, 

F011 and F012 nonwastewaters 

prohibited from land -

disposal pursuant to 

268.41 and 268.43 

treatment standards 

for F007, F008 and .. 

F009 nonwastewaters; 

effective December 

8, 1989, F011 and 

F012 prohibited from 

land disposal 

pursuant to 268.41 .­ .. 

and 268.43 treatment 

standards for F011 

and F012 

nonwastewaters . -

effective June 8, 63 268.34(d) 140(2)(a) X 

1991, wastes 

specified in 268.34 

with Part 268, 

Subpart D treatment 

standard based on -.. 

incineration, and 

which are 

contaminated soil and 

debris, are prohibited 

from land disposal 

requirements for 63 268.34(e) 140(2)(a) X 

landfill or surface _. 

impoundment 

disposal of wastes 

included in 268.34(c) 

o
 

() 

DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 82 of 135 
SPA 15'
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

• 

and (d) between June 

8, 1989, and June 8, 

1991; applies to 

F007, F008, F009, 

F011, and F012 only 

between June 8, 

1989, and July 8, 

1989 

requirements of 

268.34(a)-(d) do not 

apply if: 

63 268.34(f) 140(2)(a) X 

meet applicable 268 

Subpart Dstandards 

63 268.34(f)( 1) 140(2)(a) X 

granted an exemption 

pursuant to a 268.6 

petition for the 

wastes and units 

covered by the 

petition 

63 

-

268.34(f)(2) 140(2)(a) X 

268.34(a), (b) and (c) 

do not apply if 

\ granted extension 

under 268.5 for 

wastes covered by 

extension 

63 268.34(g) 140(2)(a) X 

between June 8, 

1989, and May 8, 

1990, prohibition 

from land disposal in 

landfills or surface 

impoundments of 

'268.11 wastes for 

which Subpart D 

treatment standards 

are not applicable, 

including California 

list wastes subject to 

prohibitions under 

RCRA 3004(d) or 

268.32; exceptions 

under 268.8 

63 268.34(h) 140(2)(a) X 

initial generator 

testing to determine if 

a 268.10, 268.11 

63 268.34(i) 140(2)(a) X 

• DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 83 of 135 
SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) . 

and 268.12 waste 

exceeds applicable 

268.41 and 268.43 

treatment standards; 

land disposal 

prohibited and all 268 

requirements apply if 

constituents exceed 

Part 268, Subpart D 

level 

o. 

() 

DCLDR94J. 15 - Revised: 7/29/94 

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•
 

SPA 15
 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions
 

as of June 30, 1994 (cont'd)
 

WASTE SPECIFIC PROHIBITIONS - THIRD THIRD WASTES
 

•
 

effective August 8, 

1990, prohibition 

from land disposal of 

certain wastes 

specified in 261.31, 

261.32, 261.33(e) 

and 261.33(f) as 

listed in 268.35(a) 

78,83 268.35(a) 140(2)(a) X -. 

effective November 

8, 1990, prohibition 

from land disposal of 

certain wastes 

specified in 261.32 

78 268.35(b) 140(2)(a) 

I 

X 

effective May 8, 

1992, prohibition 

from land disposal of 

certain wastes 

specified in 261.31, 

261.32, 261.33(e) 

and 261.33(f); certain 

characteristic wastes; 

and RCRA hazardous 

wastes containing 

naturally occurring 

radioactive materials 

78,83,1 

06,116 

268.35(c) 140(2)(a) X 

effective May 8, 

1992, 268.10, 

268.11 and 268.12 

mixed 

78,83,1 

16 

268.35(d) 140(2)(a) X 

• DCLDR94J.15 - Revised: 7/29/94 

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SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

52 

53 

nJ

radioactive/hazardous 

wastes are prohibited 

from land disposal 

subject to applicable 

prohibitions in 

§ § 268.30, 268.31 

and 268.32, 

contaminated soil and 

debris are prohibited 

.from land disposal as 

follows: 

116 268.35(e) 140(2)(a) X 

effective May 8, 

1994, prohibition 

from land disposal of 

debris contaminated 

with 268.12 wastes 

and debris 

contaminated with 

any characteristic 

waste having Subpart. 

D, Part 268 treatment 

standards 

78,83,1 

03,116, 

123 

-

268.35(e)(1 ) 140(2)(a) X 

effective May 8, 

1994, mixed 

radioactive hazardous 

debris contaminated 

with 268.12 wastes 

and mixed radioactive 

hazardous debris 

contaminated with 

any characteristic 

waste for which 

Subpart D treatment 

standards are 

established are 

prohibited from land 

disposal 

123 268.35(e)(2) 140(2)(a) X 

268.35(e)(1 )&(2) do 

not apply where 

generator has failed 

to make ·good-faith 

effort to locate 

suitable treatment 

capacity, has not 

123 268.35(e)(3) 140(2)(a) X 

o
 

DCLDR94J.15 • Revised: 7/29/94 

Printed: 4/17/98 Page 86 of 135 
SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

Error!
 

Bookm
 

ark
 

• not 

define 

. d. 

utilized such capacity 

as it has found to be 

available, or has 

failed to file a report 

under 268.5(g), by 

August 12, 1993 or 

within 90 days after 

hazardous waste is 

qenerated; describing 

generator's efforts to 

locate treatment 

capacity; where 

268.35(e)(1 )&(2) do 

not apply, all wastes 

described in 

268.35(e)( 1)&(2) are 

prohibited from land 

disposal effective 

May 8, 1993 

effective May 8, 

1993, hazardous soil 

contaminated with 

wastes specified in 

this section having 

treatment standards 

in 268 Subpart D 

based on incineration, 

mercury retorting or 

vitrification, and soils 

contaminated with 

hazardous wastes 

listed in 40 CFR 

268.10, 268.11 and 

268.12 that are 

mixed radioactive 

hazardous wastes are 

prohibited from land 

disposal 

116,123 

J 

268.35(e)(4) 140(2)(a) X 

when used in 

268.35(e)(1 )&(2), 

debris defined as: 

123 268.35(e)(5) 140(2)(a) X 

as defined in 268.2(g) 123 268.35(e)(5)(i) 140(2)(a) X 

• DCLDR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 87 of 135 
SPA 15
 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

nonfriable inorganic 

solids that are 

123 268.35(e)(5)(ii) 140(2)(a) X 

incapable of passing 

through a 9.5 rnrn 

standard sieve that 

require cutting, or 

crushing and grinding 

in mechanical sizing 

equipment prior to 

stabilization, limited 

to the inorganic or 

metal materials 

specified in 

268.35(e)(5)(ii)(AHH) 

268.35(e)(5)(ii)(A) 140(2)(a) X 

268.35(e)(5)(ii)(B) 140(2)(a) X 

. 268.35(e)(5)(ii)(C) 140(2)(a) X 

268.35(e)(5)(ii)(D) 140(2)(a) X 

268.35(e)(5)(ii)(E) 140(2)(a) X 

268.35(e)(5)(ii)(F) 140(2)(a) X 

268.35(e)(5)(ii)(G) 140(2)(a) X 

268.35(e)(5)(ii)(H) 140(2)(a) X 

between May 8, 

1990, and August 8, 

1990, wastes 

included in paragraph 

268.35(a) may be 

disposed of in a 

landfill or surface 

78 268.35(f) 140(2)(a) X 

o
 

C)
 

DCLDR94J.15 - Revised: 7/29/94 

Printed: 4117/98 Page'88 of 135 
SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

• 

impoundment only if 

such unit is in 

compliance with 

268.5(h)(2) 

between May 8, 

1990, and November 

8, 1990, wastes 

included in paragraph 

268.35(b) may be 

disposed of in a 

iandfill or surface 

impoundment only if 

such unit is in 

compliance with 

268.5(h)(2) 

78 268.35(g) 140(2)(a) X 

between May 8, 

1990, and May 8, 

1992, wastes 

included in 

paragraphs 

268.35(c), (d).and (e) 

may be disposed of in 

a landfill or surface 

impoundment only if 

such unit is in 

compliance with 

268.5(h)(2) 

78 268.35(h) 140(2)(a) X 

conditions under 

which requirements 

of paragraphs 

268.35(a), (b), (c), (d) 

and (e) do not apply: 

78 268.35(i) 140(2)(a) X 

wastes meet 

applicable Part 268, 

Subpart D standards 

78 268.35(i)(1 ) 140(2)(a) X 

persons granted 

exemption under 

268.6 

78 268.35(i)(2) 140(2)(a) X 

wastes meet 

applicable alternate 

standards under 

268.44 

78 268.35(i)(3) 140(2)(a) X 

persons granted 

extension to the 

78 268.35(i)(4) 140(2)(a) X 

• DCLDR94J.15· Revised: 7/29/94 

Printed: 4/17/98 Page 89 of 135 
SPA 15 .
 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (corrt'd) C).

effective date of a 

prohibition under 

268.5 

initial generator 

testing to determine if 

a 268.10, 268.11 

and 268.12 waste 

exceeds applicable 

268.41 and 268.43 

treatment standards; 

land disposal 

prohibited and all 268 

requirements apply if 

constituents exceed 

Part 268, Subpart D 

levels 

'78 268.35(j) 140(2)(a) X 

effective May 8, 

1993, prohibition 

from land disposal of 

D008 lead materials 

stored before 

secondary smelting; 

submission of binding 

contractual 

commitment, 

documentation and 

detailed schedule for 

specified 

construction, and 

providing specified 

capacity, by March 1, 

1993; D008 

prohibited from land 

disposal by failure to 

submit 

documentation; 

placed in facility 

record by July 27, 

1992, documentation 

demonstrating that 

such management 

capacity will be 

adequate and 

complies with all 

106 268.35(k) 140(2)(a) X 

o
 

u
 

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SPA 15
 

• 

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as of June 30, 1994 (cont'd) 

applicable Subtitle C I_ 

requirements 

•
 

• DClDR94J. ; 5 . Revised: 7/29/94 

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SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictlons 

as of June 30, 1994 (cont'd) o 

WASTE SPECIFIC PROHIBITIONS - NEWLY LISTED WASTES
 

effective November 

9,1992, K107, 

1<108, K109, K110, 

K111, K112, K117, 

K118, K123, K124, 

K125, K126, K131, 

K132, K136, U328, 

U353 and U359 

prohibited from land 

disposal 

109 268.36(a) 140(2)(a) X 

effective June 30, 

1993, F037 and 

F038 not generated 

from surface 

impoundment 

cleanouts or closures 

are prohibited from 

land disposal 

109 268.36(b) 140(2)(a) X 

" 

\ 

effective June 30, 

.1994, F037 and 

F038 generated from 

surface impoundment 

c1eanout or closures 

are prohibited from 

land disposal 

109 268.36(c) 140(2)(a) X 

effective June 30, 

1994, radioactive 

109 268.36(d) 140(2)(a) X 

C)
 

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•• 

SPA 15
 

• . CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

wastes mixed with 

specified wastes are 

prohibited from land 

disposal 

effective June 30, 

1994, debris 

contaminated with 

specified wastes and 

not contaminated 

with other prohibited 

waste are prohibited 

from land disposal 

109 268~36(e) 140(2)(a) X 

under what 

circumstances 

268.36(b). wastes 

may be disposed in a 

landfill or generated 

and disposed in a 

surface impoundment 

109 268.36(f) 140(2)(a) X 

under what 

circumstances 

268.36(d) arid (e) 

wastes may be 

disposed in a landfill 

or generated and 

disposed in a surface 

impoundment 

109 268.36(g) 1·40(2)(a) X 

under what 

circumstances 

268.36 (aHe) do not 

apply 

109 268.36(h) 140(2)(a) X 

, 

268.36(h)(1 ) 140(2)(a) X 

268.36Ih)(2) 140(2)(a) X 

268.36(h)(3) 140(2)(a) X 

268.36(h)(4) 140(2)(a) X 

how to determine 

whether a 268.36 

waste exceeds a 

. 268.41 or 268.43 

treatment standard; 

waste prohibited and 

all Part 268 

requirements apply if 

constituents in 

109 268.36(i) 140(2)(a) X 

• DCLDR94J.15· Revised: 7/29/94 

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-SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o ~:~~:s of applicable I I I I I I I 

WASTE SPECIFIC PROHIBITIONS--IGNITABLE AND CORROSIVE CHARACTERISTIC WASTES 

WHOSE TREATMENT STANDARDS WERE VACATED 

effective August 9, 

1993, wastes 

specified in 261.21 

as 0001 (and not in 

the High TOC 

Ignitable Liquids 

subcategory) and in 

261.22 as 0002 that 

are managed in 

systems other than 

those whose 

discharge is regulated 

under the CWA or 

that inject in Class I 

deep wells regLilated 

under the SDWA or 

are zero dischargers 

that engage in CWAequivalent treatment 

before ultimate land 

disposal, are 

prohibited from land 

disposal; CWAequivalent treatment 

defined 

124 268.37(a) 140(2)(a) X 

effective February 

10, 1994, wastes 

specified in 261.21 

as 0001 (and not in 

the High TOC 

Ignitable Liquids 

subcategory) and' in 

261.22 as 0002 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 CWAequivalent treatment 

124 268.37(b)­ 140(2)(a) X 

o
 

()
 

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I 

I 

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• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

before injection are 

prohibited from land 

disposal 

• 

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SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

SUBPART D - TREATMENT STANDARDS
 

APPLICABILITY OF TREATMENT STANDARDS
 

Error! 

Bookm 

ark 

restricted waste 34, 268.40(a) 140(2)(a) X 

under 268.41 may be t39,50, 

land disposed if 

extract of waste or 

treatment residue, 

developed using 261 

Appendix II Methods, 

does not exceed 

268.41 Table CCWE 

values; exceptions; 

specific wastes may 

be land disposed if 

extract or treatment 

residue developed as 

specified does not 

exceed Table CCWE 

values for any 

hazardous constituent 

in Table CCWE for 

waste 

78,83 

restricted waste with 39,109, 268.40(b) 140(2)(a) X 

a 268.42 treatment 

technology, or 

hazardous debris with 

268.45 treatment 

124 

o 

not 

define 

d. 

() 

DCLDR94J.15 • Revised: 7/29/94 

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. SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

• 

technology, may be 

land disposed if 

specified technology 

or an Administratorapproved method is 

used; for wastes 

displaying 

characteristic of 

ignitability and 

reactivity that are 

diluted to meet 

deactivation 

treatment standard in 

268.42(a) Tables 1 & 

2, the treater must 

comply with 

precautionary 

measures specified in 

264.17(b) and 

265.17(b) 

except as specified in. 

268.43(c), restricted 

waste identified in 

268.43 may be land 

disposed only if Table 

CCW constituent 

concentration values 

are not exceeded 

50,78 268.40(c) 140(2)(a) X 

if 268.41 through 

268.48 treatment 

standard established 

and waste is a 

hazardous debris, 

then waste subject to 

those standards 

rather than the 

268.45 hazardous 

debris standards 

109 268.40(d) 140(2)(a) X 

TREATMENT STANDARDS EXPRESSED AS CONCENTRATIONS IN WASTE EXTRACT 

54, 

Error!
 

Bookm
 

ark
 

• not 

treatment standards; 34,50,6 268.41 (a) 140(2)(a) X 

explanation of Table 3,78,10 

CCWE 2,109 

DCLDR94J.15 - Revised: 7/29/94 

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SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

define 

d. 

Constituent 

Concentrations in 

Waste Extract 

34,50,6 

3,78,83, 

95,109, 

124 

268.41 (a)!Table 

CCWE 

140(2)(a) X 

treatment standards 

for common 

constituents in 

combined wastes; 

mixtures of high and 

low zinc 

nonwastewater K061 

subject to treatment 

standard for high zinc 

K061 

34,95 268.41 (b) 140(2)(a) X 

treatment standards 

for constituents in 

F001-F005 listed in 

Table CCWE 

109 268.41 (c) 140(2)(a) X 

o
 

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---- -

•
 

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CONSOLIDATED CHECKLIST: Land Disposal Restrictions
 

as of June 30, 1994 (corrt'd)
 

TREATMENT STANDARDS EXPRESSED AS SPECIFIED TECHNOLOGIES
 

• 

treatment of wastes 

identified in 

268,42(a)( 1)&(2) and 

Tables 2 and 3 with 

technology(ies) . 

. specified in 

268,42(a)(1 )&(2) arid 

in Table 1 of 268,42 

34,78 

.. 

.. ,­

268,42(a) 

_. -" 

_.. -" 

standard for 

incineration of liquid 

hazardous wastes 

containing PCBs 

39 268,42(a)(1 ) 

standard for 

incineration of certain 

nonliquid hazardous 

wastes containinq 

HOCs; where 

standards do not 

apply 

39,50,7 

8,83 

268,42(a)(2) 

mixture of 

wastewater 

(discharge of which is 

subject to Clean 

Water Act) and de 

minimis losses of 

63,78,8 

3 

268,42(a)(3) 

140(2)(a) 

.. .. 

140(2)(a) 

140(2)(a) 

.. 

55 140(2)(a) 

X 

. ... 

. 

X 

X 

X 

• DCLDR94J. 15 • Revised: 7/29/94 

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56 

SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

materials that meet 

the criteria of D001 

ignitable liquids with 

greater than 10% 

TOC is subject to 

Table 1 DEACT 

treatment standard; 

de minimis defined 

removed 63,78 268.42(a)(4) 140(2)(a) X 

Technology Codes 

and Description of 

Technology-Based 

Standards 

78,83 268.42(a)/Table 1 '140(2)(a) X 

Technology-Based 

Standards by RCRA 

Waste Code 

78,83,9 

5,102,1 

09,124 

268.42(a)/Table 2 140(2)(a) X 

Technology-Based 

Standards for Specific 

Radioactive 

Hazardous Mixed 

Waste 

78,83 268.42(a)/ 

Table 3 

140(2)(a) X 

()
 

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c 
•
 

SPA 15
 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions
 

as of June 30, 1994 (cont'd)
 

• It II It .. II " )( K II J( )( .. )( M " if II It Jl " If K II It )( K Mit" " It JI II )( " .. If )f )f If n II )( )( " •. Jt U Ii II )I If M )f I( If II II )( If II )f II it II II J( II It " U It 11 

Guidance note: 268.42(b) is NOT DELEGABLE. States should see Note 0 at the beginning of this 

checklist regarding how to incorporate this section into their code. 

submit application to 34,39,7 268.42(b) Not Delegable
 

Administrator
 --'No Analoq _-_ 

dernonstratinq 

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 

8,109 

• 

and conditions as the
 

Administrator deems
 

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SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

appropriate; 

compliance by person 

to whom approval is 

issued 

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

t ,Error Alternate Treatment Standards for Lab Packs 

! 

Bookm 

ark 

not 

define 

d. 

conditions for 78 268.42(c) 140(2)(a) X 

eligibility of lab packs 

for land disposal: 

compliance of lab 78 268.42(c)(1 ) 140(2)(a) X 

packs with applicable 

provisions of .. 

264.316 and .­ .. ­ -­ .. . 

265.316 

L Part 268 Appendix IV 

and Appendix V 

78 268.42(c)(2) 140)(2)(a) X 

hazardous wastes 

contained in lab 

packs 

incineration of lab 78 268.42(c)(3) 140(2)(a) X 

packs in accordance ... 

with Part 2(34, 

Subpart 0 and Part 

265, Subpart 0 

requirements .­

treatment standards 78 268.42(c)(4) 140(2)(a) X 

for incinerator 

residues from lab 

packs containing 

D004, D005, D006, 

D007, D008,D010 

and D011 

--~ C.. DClDR94J.15 . Revised: 7/29/94 

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SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

• 57 

/ 

• DCLDR94J,15 - Revised: 7/29/94 

Printed: 4/17/98 

radioactive, hazardous 78,109 268.42{d! 140(2){a) X 

mixed wastes with 

268.42 Table 3 -

treatment standards 

not subject to 268.41 

or 268.42 Table 2 or 

268.43 treatment 

standards; radioactive 

hazardous mixed 

wastes not subject to 

Table 3 treatment 

standards remain 

subject to 268.41" 

268.43 and Table 2 

treatment standards; 

hazardous debris 

containing radioactive 

waste subject to 

268.45 treatment 

standards 

TREATMENT STANDARDS EXPRESSED AS WASTE CONCENTRATIONS 

introductory 34,50,6 268.43{a) 140(2){a) 

paragraph for Table 3,78 

Page 103 of 135 
- - - -

SPA 15 

. CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

58 

59 

CCW explaining table 

Constituent 

Concentrations in 

Wastes; no land 

disposal for specified 

K wastes 

50,62,6 

3,78,83, 

109,124 

268.43(a)/Table 

CCW 

140(2)(a) X 

meet lowest 

constituent treatment 

standard when mixing 

wastes with differing 

treatment standards 

for a constituent of 

concern 

50,63 268.43(b) 140(2)(a) X 

conditions for 

demonstrating 

compliance with 

treatment standards 

for organic 

constituents 

provided: 

78,83 268.43(c) 140(2)(a) X 

treatment standards 

for organic - .­

constituents 

. established based on 

incineration in units 

operated in 

accordance with 

. Subpart 0 

requirements of Part 

264 or Part 265 or: 

based on combustion 

in fuel substitutiorr 

units in accordance 

with applicable 

technical 

requirements 

78,83 

-

268.43(c)(1 ) 140(2)(a) X 

organic constituents 

treated using 

paragraph 

268.43(c)(1) methods 

78,83 268.43(c)(2) 140(2)(a) X 

good-faith efforts fail 

to detect the organic 

constituents; when 

such efforts must be 

78,83 268.43(c)(3) 140(2)(a) X 

c 

() 

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SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

demonstrated I 

• 

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SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

. . 

-- - ~-- .-._- \. / 

Guidance note: 268.44 is NOT DELEGABLE. States should see Note 0 at the beginning of this 

checklist regarding how to incorporate this section into their code. 

60 VARIANCE FROM A TREATMENT STANDARD 

conditions for 

variance; petition. 

Administrator; what 

must be 

demonstrated 

34 268.44(a) Not Delegable 

No Analog 

procedures in 

accordance with 

260.20 

34 268.44(b) No Analog 

statement signed by 

petitioner or 

authorized 

representative 

34 268.44(c) NO Analog 

additional information 

or samples may be 

requested by 

Administrator; 

additional copies for 

affected States and 

34 268.44(d) No Analog 

C_J 

DClDR94J.15 • Revised: 7/29/94 

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SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

• 

region 

Administrator gives 

public notification in 

Federal Register; final 

decision in Federal 

Register 

34 268.44(e) No Analog 

268.7 waste analysis 

requirements must be 

followed for wastes 

covered by variance 

34 268.44(f) No Analog 

requirements during 

petition review 

34 268.44(g) No Analog 

apply to 

Administrator or 

delegated 

representative for 

site-specific variance 

from a treatment 

standard if specified 

conditions are 

appropriate; what 

applicant must 

demonstrate 

50,66 268.44(h) 140(2)(a) X 

260.20(b)(1 )-(4) ­

information must be 

included 

50 268.44(i) No Analog 

Assistant 

Administrator or 

delegated 

representative may 

request additional 

information 

50 268.44(j) No Analog 

. 

if site-specific 

treatment standard 

variance then 

compliance with 

268.7 waste analysis 

requirements 

50 268.44(k) No Analog 

during application 

review process, 

compliance with land 

disposal restrictions 

once effective date 

for waste reached 

50 268.44(1) No Analog 

• DClDR94J.15· Revised: 7/29/94 

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CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

o )( M )( * J( Jl 11, If n Jt U )I "' 11 )I If If It )I II 11 II II J( )( )( il K IE II U )( JI' II U. JI K. IE n K If It II It Ji J( J( It if )f Jl It II Jl' )( JI If Jt J( " II Ii If 11 K II il Ji II II II it )( 

**********************************"*************************************** 

TREATMENT STANDARDS FOR HAZARDOUS DEBRIS
 

treatment of 

hazardous debris prior 

to land disposal as 

specified unless EPA 

determines under 

- 261.3(e)(2) that 

debris is no longer 

contaminated with 

hazardous waste 

109­ 268.45(a) 140(2)(a) X 

general; treatment for 

each 268.45(b) 

contaminant subject 

to treatment in 

accordance with 

268.45, Table 1 

109 268.45(a)(1) 140(2)(a) X 

characteristic debris; 

deactivation as 

specified in 268.45, 

109 268.45(a)(2) 140(2)(a) X 

o 

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--

- -

SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

• 

Table 1 

mixtures of debris 

types; standards for 

each debris type must 

be achieved; if. 

applicable, 

immobilization must 

be used last 

109 268.45(a)(3) 140(2)(a) X 

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) 140(2)(a) X 

-

waste PCBs; 

hazardous debris 

subject to both 40 

CFR 761 and 268.45 

must meet more 

stringent 

requirements 

109 268.45(a)(5) 140(2)(a) X 

hazardous debris 

treated for each 

"contaminant subject 

to treatment," 

determined as 

follows: 

109 268,45(b) 140(2)(a) X 

.- ­

toxicity characteristic 

debris; those EP 

constituents for 

which debris exhibits 

a toxicity 

characteristic 

109 268.45(b)(1 ) 140(2)(a) X 

debris contaminated 

with listed waste; 

constituents for 

which BDAT 

standards are 

established for 

wastes under 268.41 

and 268.43 

109 268,45(b)(2) 140(2)(a) X 

cyanide reactive 109 268.45(b)(3) 140(2)(a) X

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- - --

--

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- - --- - - ---

SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

debris; reactive 

because of cyanide 

must be treated for 

cyanide 

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 

general requirements 

for treatment 

residues: 

separate residue from 

debris by simple 

physical or - --­

mechanical means; 

residue is subject to 

268 Subpart D 

waste-specific 

treatment standards 

residue from nontoxic 

debris, as specified, 

must be deactivated; 

not subject to 268 

Subpart D wastespecific treatment 

standards 

_residue from cyanidereactive debris must 

meet 268.43, D003 

standards 

ignitable 

nonwastewater 

residue, as specified, 

must meet 

technology-based 

as of June 30, 1994 (cont'd) ­

o 

109 - 268.45(c) 

_. 

109 268.45(d)(1 )

109 268.45(d)(1 )(i)

140(2)(a) X 

140(2)(a) X 

140(2)(a) X 

140(2)(a) X 

140(2)(a) X 

140(2)(a) X 

140(2)(a) X 

o .- .~-_. - .....-...

109 268.45(d)( 1)(ii) 

.. __ . 

109 268.45(d)(2)

109 268.45(d)(3)

109 268.45(d)(4)

o 

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v 

SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30,'1994 (cont'd) 

"0001 Ignitable 

Liquids" standard . layers of debris 

removed by spalling 

remain subject to 

268.45 treatment 

standards 

109 268.45(d)(5) 140(2)(a) X 

alternative treatment 

standards for 

hazardous debris 

.109 268.45/Table 1 140(2)(a) X 

ALTERNATIVE TREATMENT STANDARDS BASED ON HTMR
 

Table 1 identifies 

alternative treatment 

standards for F006 

and K062 

nonwastewaters 

109 268.46 140(2)(a) X 

alternative treatment 

standards as shown 

at 57 FR 37281 

109 268.46/Table 1 140(2)(a) X 

SUBPART E - PROHIBITIONS ON STORAGE
 

PROHIBITIONS ON STORAGE OF RESTRICTED WASTES
 

• Error! 

Bookm 

ark 

not 

define 

d. 

Error! 

Bookm 

ark 

not 

define 

d. 

Error! 

Bookm 

ark 

not 

define 

d. 

Error! 

Bookm 

ark 

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) 140(2)(a) X 

on-site storage 

exemption for 

generator 

34,109 268.50(a)(1 ) 140(2)(a) X 

treatment, storage, 

and disposal facility 

exemption 

34,109 268.50(a)(2) 140(2)(a) X 

container labeling 34 268.50(a)(2)(i) 140(2)(a) X 

• 

not 

DCLDR94J.15 • Revised; 7/29/94 

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CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

define 

d. 

Error! 

Bookm 

ark 

not 

define 

d. 

Error! 

Bookm 

ark 

not 

define 

d. 

Error! 

Bookm 

ark 

not 

define 

d. 

. 

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

..­

140(2)(a) X 

transporter exemption 34 268.50(a)(3) 140(2)(a) X 

storage up to. one 

year 

34 268.50(b) 140(2)(a) X 

storage longer than 

one year 

34 268.50(c) 140(2)(a) X 

268.50(a) prohibition 

does not apply if 

waste is exempt from 

a prohibition on the 

type of land disposal 

utilized for the waste 

34,50,6 

6 

268.50(d) 140(2)(a) X 

no prohibition where 

treatment standards 

are not specified or 

are met, or 

compliance with 

268.32 or RCRA 

3004 exists 

34, t39 268.50(e) 140(2)(a) X 

requirements for 

storage of liquid 

hazardous wastes 

containing PCBs at 

concentrations 

greater than or equal 

to 50 ppm 

39 268.50(f) 

+._­

140(2)(a) X 

o
 

o
 

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•• 

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, CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) • 

• 

APPENDIX I TO PART 268
 

TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP) 

Error! 

Bookm
 

ark
 

not
 

define 

. d.,Erro 

r! 

Bookm 

. ark 

not 

define 

d.,	 61 

TCLP is published in 

Appendix II of Part 

261 

34,74 Appendix I 140(2){a) X 

APPENDIX II TO PART 268
 

TREATMENT STANDARDS (AS CONCENTRATIONS IN THE TREATMENT RESIDUAL EXTRACT)
 

62	 F001-F005.spent 34,109 Appendix II 140(2){a) X
 

solvent waste
 

treatment standards
 

appear in 268.41,
 

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CONSOLIDATED CHECKLIST: Land. Disposal Restrictions 

as of June 30, 1994 (cont'd) 

SPA 15 

. 

o 

268.42 and 268.43 I I . 

APPENDIX III TO PART 268 

LIST OF HALOGENATED ORGANIC COMPOUNDS REGULATED UNDER 268.32
 

HOC definition and 

list of HOCs regulated 

under 268.32 

39 Appendix III 140(2)(a) X 

APPENDIX IV TO PART 268
 

t ,Error ORGANOMETALLIC LAB PACKS 

! 

Bookm 

ark 

not 

define 

d. -,­ -.,.-------.,..----------,,--.,..-----,-----,--­

list of hazardous 78,83 Appendix IV 140(2)(a) X 

wastes that may be 

placed in 

"organometallic" or 

"Appendix IV lab 

packs" 

()
 

..
 

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SPA 15
 

• 

CONSOLIDATED CHECKLIST: land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

• 

APPENDIX V TO PART 268
 

t ,Error ORGANIC LAB PACKS 

! 

Bookm 

ark 

not 

define 

d. 

list of hazardous 

wastes that may be 

.placed in "organic" or 

"Appendix V lab 

packs" 

78,83 Appendix V 140(2)(a) X 

APPENDIX VI TO PART 268
 

RECOMMENDED TECHNOLOGIES TO ACHIEVE DEACTIVATION OF CHARACTERISTICS IN 

DClDR94J.15 • Revised: 7/29/94 

Printed: 4/17/98 • 

Page 11 5 of 135 

SECTION 268.42 

list of technologies 78 Appendix VI 140(2)(a) . X 

which achieve the 

standard of 
- SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

"deactivation to 

remove 

characteristics of 

ignitability, 

corrosivity, and 

reactivity"; use of 

specified technologies 

not mandatory; 

alternative methods 

not performed in land 

disposal units 

APPENDIX VII TO PART 268
 

EFFECTIVE DATES OF SURFACE DISPOSED WASTES REGULATED IN THE LDRs 

comprehensive list of 

wastes and effective 

dates 

78,83 Appendix VII 140(2)(a) X 

APPENDIX VIII TO PART 268
 

NATIONAL CAPACITY LDR VARIANCES FOR UIC WASTES
 

comprehensive list of 

national capacity LDR 

variances for UIC 

wastes 

78,83 Appendix VIII 140(2)(a) X 

'--

APPENDIX IX TO PART 268
 

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

(SW-846, METHOD 131 OA) 

Error! 

Bookm 

ark 

not 

define 

d. 

interim method to 

determine whether a 

waste exhibits the 

characteristic of EP 

Toxicity 

83 Appendix IX 140(2)(a) X 

PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:
 

THE HAZARDOUS WASTE PERMIT PROGRAM
 

SUBPART B - PERMIT APPLICATION
 

CONTENTS OF PART A OF THE PERMIT APPLICATION
 

add new paragraph 

regarding hazardous 

debris; description of 

debris category(ies) 

and contaminant 

category(ies) to be 

treated, stored or 

disposed of at facility 

109 270.13(n) 806(2)- X 

CONTENTS OF PART B: GENERAL REQUIREMENTS 

DCLDR94J.15 - Revised: 7/29/94 

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I

I

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•

. CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

•
 

. 

insert "and hazardous 109 270.14(b)(2) 806(4)(a)(ii) X 

debris" after 

"hazardous waste"; 

insert "of this 

chapter" after "part 

264" 

add new paragraph; 34 270.14(b)(21) 806(4)(a) X 

copy of notice of (xviii)(M) 

approval of petition or 

extension 

• DCLDR94J.15 - Revised: 7/29/94 

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CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) o 

SUBPART C - PERMIT CONDITIONS
 

ESTABLISHING PERMIT CONDITIONS
 

insert "through 268"; 34 270.32(b)(1) 806(3) 800(8) 

remove "267" 

SUBPART D - CHANGES TO PERMIT
 

63 PERMIT MODIFICATIONS AT THE REQUEST OF THE PERMITTEE 

replace "of restricted 

wastes" with", or in 

containment 

buildings" 

109 270.42(e)(3)(ii)(B) 830(4)(e)(iii) 

(B) 

X 

add new paragraph 

and subparagraphs; 

conditions for treating 

nonspecified waste 

34 270.42(0) 

.. 

No Analog 

Federal section 

has been 

removed 

prohibited from one 

or more land disposal 

methods under Part 

268, Subpart C or 

34, t39 270.42(0)(1 ) No Analog 

()
 

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.0 
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as of June 30, 1994 (cont'd) 

• 

RCRA Section 3004-

treatment in 34, t39 270.42(0)(2) No Analog 

accordance with 

268.4 and 268.3 

and: 

treatment in t39 270.42(0)(2)(i) No Analog 

accordance with 

268.41, 268.42 or 

268.44; or 

no standards exist t39 270.42(0)(2)(ii) No Analog 

and treatment 

removes prohibitions 

of 268.32 or RCRA 

3004 

no increased or 34 270.42(0)(3) No Analog 

substantially different 

risks 

Federal/State 34 270.42(0)(4) No Analog 

approval; allowable 

modifications 

add. new paragraph t39 270.42(p) No Analog 

and subparagraphs; 

allow facilities to 

change operation to 

treat or store if: 

major permit t39 . 270.42(p)( 1) No Analog 

modification is 

requested; 

demonstrates t39 270.42(p)(2) No Analog 

necessity to comply 

with 268 or RCRA 

3004; and 

ensures compliance t39 270.42(p)(3) No Analog 

pending 

administrative 

determination 

APPENDIX I TO SECTION 270.42 

64 CLASSIFICATION Or PERMIT MODIFICATION
 

65, redesignate old 78,83,1 270.42 Appendix
 830 Appendix I X
 

66 B(1)(b) asB(1)(c); add
 24 I,B(1)(b) 

• 

B.1.b.
 

new item involving
 

F039 under "General
 

Facility Standards";
 

add a footnote
 

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68 

SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

. as of June 30, 1994 (cont'd) 

.. 

Error! 

Bookm 

ark 

not 

define 

d., 

67 

Error! 

Bookm 

ark 

not 

define 

d. 

symbol to the Class I 

designation at B(1)(b); 

remove second 

occurrence of B(1)(b) 

redesignate old 78,124 

B(1)(c) as B(1)(d), old 

B(1)(b) becomes 

B(1)(c); add new item 

involving underlying 

hazardous 

constituents under 

"General Facility 

Standards" 

old B(1)(c) becomes 124 

B(1)(d) 

.. . --~

add entry 6 to section 109 

I 

add new section M 109 

270.42 Appendix 

I, B(1)(c) 

270.42 Appendix 

I, B(1)(d) 

270.42 Appendix ._-- - I, 1(6) 

270.42 Appendix 

830 Appendix I X 

B.1.c. 

830 Appendix I X 

B.1.d. 

830 Appendix I X 

1.6. 

830 Appendix I X 

I, M M. o

SUBPART G - INTERIM STATUS
 

CHANGES DURING INTERIM STATUS
 

remove "or" before 

"containers" and 

insert "or 

containment 

buildings" after 

"containers"; in two 

places, insert "of this 

chapter" after "Part 

268" 

109 270.72(b)(6) 

-

.. 

805(7)(b)(vi) 

.. 

X 

no reconstruction; 

changes do not 

include tank/container 

changes to comply 

with land disposal 

restrictions 

39 270.72(e) 805(7)(b) X 

o
 

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SPA 15
 

'. CONSOLIDATED CHECKLIST: Land Disposal Restrictions
 

as of June 30. 1994 (cont'd)
 • 

See the amendment to the rule addressed by Revision Checklist 39 at 52 FR 41295 (October 27, 

1987), included on Revision Checklist 39. 

. . 

aph 260.11 (a) is also affected by Revision Checklist '67 (54 FR 40260, September 29, 1989). Revision Checklist 73 (55 FR 8948', March 9, 1990), and Revision Checklist 126 (58 FR 4604 

t 31,1993). 

The original 261.3(c)(ii)(CI was introduced by Revision Checklist 95. Revision Checklist 109 split the paragraph into two subparagraphs, (C)( 1)&(21, and completely revised 

the text. 

Paragraph 261.5(1)(2) is also alfected by Revision Checklist 47 (53 FR 27162, July 19, 1988). 

Note that the 'TC Rule: Revision Checklist 74 (55 E!! 11798, March 29, 1990). has also made changes to 261.24(b). 

Paragraph 261.33(c) is also affected by Revision Checklist 41 (52 E!! 26012, July 10, 1987). 

e

This revision lixes an error in the July 1, 1991 CFR which makes it appear that there are two paragraphs designated as 262.34(a)(2) (see the editorial note in the CFR).
 

Revision Checklist 82 originally inserted the lirst 262.34(a)(2), 262.34(aH2)(i), and 262.34(a)(2Hii) and redesignated the old 262.34(1i)(2)-(4) as 262.34(a)(3H5).
 

However, Revision Checklist 92 redesignated 262.34(aH3) as 262.34(aH2). effectively removing the first 262.34(a)(2) and incorporating these requirements into
 

a)(l ) at 262.34(a)(1)(iiil and (iiiHA)&(8). It was not t~e Agency's intent to include these requirements both at 262.34(a)(1 Hiii)(A)&(B) and at 262.34(a)(2) as is
 

i., d in the July 1, 1991 CFR. The first 262.34(a)(2) in that ill should not be in the code. Revision Checklist 92 also redesignated 262.34(a)(3H5) as 262.34(aH2)­


(4), i.e., returned these subparagraphs to their oriqinal numbering prior to the redesignation by Revision Checklist 82. The revision, which is part of Revision Checklist 109,
 

removes the first 262.34(aH2l. returning the code to what was intended by Revision, Checklist 92.
 

Note that the final rule for Revision Checklist 39 (52 FR 25787) gives Subpart E, 262.51 as the citation lor the section titled "Farmers.' This is!!2! correct as the August
 

8, 1986 (51 E!! 28664, Revisio~ Checklist 311 final rule regarding exports changed this section and moved it to Subpart G, 262.70. This error in the final rule was
 

detected when Revision Checklist 39 was developed, and the proper citation (262.70) was used on that checklist. This error was ultimately corrected at 53 FR 27164
 

(July 19, 1988; Revision Checklist 48).
 

See the technical correction to the rule addressed by Revision Checklist 34 at 52 f!:! 21010 (June 4,1987, included on Revision Checklist '34). 

Subparagraphs 264.13(a)(1) and 265.13(a)(1) are also affected by Revision Checklist 64 (54 FR 33376, August 14,,1989). 

This code is part of the optional requirements for the alternate treatment standards for lab packs under the Third Third Scheduled Waste Rule. If adopted, all of the' 

requirements (i.e., 264.316(1). 265.316(1). 26B.7(a)(8). 268.7(a)(9). 268.42(c), 268.42(c)(1 )·(4), and Appendices IV and V to Part 268) related to these alternate 

treatment standards must be adopted. 

Revision Checklist 109 [57 FR 37194 (August 18,1992)] added these subparts to Parts 264 and 265. 

Note that there is an error in the Federal Register; the deadline lor the written notice should be February 18, 1993, rather than November 16, 1992 as it appears in the 

Federal Register, in keeping with the effective date of these provisions, with the preamble to the rule at 57 .E£! 37215 (second full paragraph in the right-hand column). and 

with the similar provision under 265.1101 (bH4)(i). 

• DCLDR94J.15 - Revised: 7/29/94 

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SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

Note that there is a typographical error in the Federal Register; "lead" should be "led." 

Note that the Federal Register for this rule introduces an error into the second-to-Iast sentence of this subparagraph by inserting an extraneous "with" between" § §" and 

"265.111." 

Note, there is an error in the Federal Register article for this rule. The phrase "as needed to permit" should read "as needed to prevent." 

A .new subparagraph was introduced into the code by Revision Checklist 78. The original subparagraph 268.1 (c)(3) was introduced by Revision Checklist 34, modified by 

Checklist 39. then removed by Revision Checklist 50, with 268.1 (c)(4) redesignated as (c)(3). The redesignated subparagraph 268.1 (c)(3) was subsequently removed by 

Revision Checklist 66. 

Subparagraph 268.1 (c)(4) originated in Revision Checklist 34. was modified by Revision Checklist 39. redesignated as 268.1 (c)(3) while the original 268.1 (c)(5) was 

redesignated as 268.1 (c)(4) by Revision Checklist 50, and finally removed by Revision Checklist 66. 

Subparagraph 268.1 (c)(5) originated in Revision Checklist 39 and was revised by Revision Checklist 48. This text was redesignated as 268.1 (c)(4). and new 268.1 (c)(5) 

text was introduced by Revision Checklist 50. This subparagraph was finally removed by Revision Checklist 78. 

There is a typographical error in the title of this section as printed in 58 FR 29860 IMay 24•.1993; Revision Checklist 124); "scope/and" should be "scope and." States' 

should retain the correct title as it appears in the CFR. 

These definitions were introduced into the code as part of 268.2(a) by Revision Checklist 34. Revision Checklist 78 designated them as individual paragraphs 268.2Ib) and .. 

(c). The text of the old 268.2(b). introduced into the code by Rev'ision Checklist 34. was deleted from the section by Revision Checklist 78. 

Paragraph 268.2(c) is also affected by Revision Checklist 121 (58 B:! 8658; Fepruary 16. 1993). 

This definition was introduced into the code as part of 268.2(a) by Revision Checklist 39. Revision Checklist 78 designated it as an individual paragraph 268.2Ie). 

Subparagraphs 268.2(g)(1) through (8) were introduced into the code by Revision Checklist 78. modified by Revision Checklist 83. and removed by Revision Checklist 109. 

This subparagraph was originally 268.3 when it was added to the code by Revision Checklist 34.' However. it was redesignated as 268.3(a) by Revision Checklist 78. 

Revision Checklist 109 redesignated the old 268.5(h)(2)(v) as 268.5(h)(2)(vi) and added a new 268.5(h)(2)(v). 

268.6Ic) was originally introduced by Revision Checklist 34. Revision Checklist 50 redesignated that 268.6Ic) as 268.6(d) and inserted a new 268.6(c). 

The original 268.6(d) was introduced by Revision Checklist 34. Revision Checklist 50 redesignated' that 'paragraph as 268.6(g). That same checklist redesignated 268.6(c) 

as 268.6(d). 

268.6Ie) was introduced by Revision Checklist 34. Revision Checklist 59 redesignated that 268.6(e) as 268.6(h) and inserted a new 268.6(e). 

268.6(f) was introduced by Revision Checklist 34. Revision Checklist 50 redesignated that 268.6(1) as 268.6(i) and inserted a new 268.6(f). 

o
 

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SPA 15
 

• 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

268.6(d)-(j) were originally introduced by Revision Checklist 34. Revision·Checklist 50 redesignated these paragraphs as 268.6(g)-(m). 

268.6(k) was originally introduced by Revision Checklist 39. Revision Checklist 50 redesignated it as 268.6(n). 

Note, Revision Checklist 126 (58 FR 46040; August 31, 1993). a non-LOR checklist. replaced the TCLP (method 1311) in Appendix II to Part 261 and the EPtoxicity test 

method (method 1310) in Part 268, Appendix IX with notes referencing the TCLP and EP in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" as 

incorporated by reference at 260.11 (a). All references to Part 261·, Appendix II and Part 268, Appendix IX were revised to reflect these changes. Revision Checklist 126 

did revise the content nor the intended use of the TCLP or the EP toxicity methods. 

There is a typographical error in 58 f!! 29860 (May 24,1993; Revision Checklist 124) which revised 268.7(a)(1)(ii) & 268.7(b)(4)(ii); "reactive cyanides" should appear in 

italic type as it does in the CFR. 

Revision Checklist 109 redesignated the old 268.7(a)(1)(iv) as 268.7(a)(1)(v) and added a new 268.7(a)(1)(iv). Note that there is a typographical error in the Federal 

Register rule for Revision Checklist 109. The instructions preceding the change to 268.7 (on page 57 f!! 37270) incorrectly say that 268.7(a)(1 )(v) is added; however, the 

change shown is that a new 268.7(a)(1)(iv) is added, as described in this footnote. 

Note that the rule addressed by Revision Checklist 78 (55 FR 22520) makes it appear as if 268.7(a)(3)(iii)-(v) were removed (see page 22687). This was an error and 

these subparagraphs should remain in the code. Note that there is a typographical error in the Federal Register article for Revision Checklist 109. The instructions 

preceding 268.7 (on page 57 f!! 37270) incorrectly say 268.7(a)(3)(vi) is added. It is a new 268.7(a)(3)(v) which is added a~d the old 268.7(a)(3)(v) ISredesignated as 

268.7(a)(3)(vi) . 

• t there is a typographical errorin the Federal Register article for Revision Checklist 109; there should be a comma, not a semicolon, after the second occurrence of 

"containers" in 268.7(a)(4). 

Initially, subparagraphs 268.7(a)(4)(i)-(iv) were introduced into .the code by Revision Checklist 50. Revision Checklist 78 completely changed the text of (a)(4)(i)-(iii) and 

removed (a)(4)(iv). 

This subparagraph was originally 268.7(a)(4) when it was added to the code by Revision Checklist 34. However, it was redesignated as 268.7(a)(5) by Revision Checklist 

50. 

268.7(a)(7) was originally 268.7(a)(6) on Revision Checklist 50. Revision Checklist 83 inserted a new 268.7(a)(6) and redesignated the old 268.7(a)(6) as 268.7(a)(7). 

Revision Checklist 83 also redesignated 268.7(a)(7)-(a)(9) as 268.7(a)(8)-(a)(10). 

These subparagraphs were originally 268.7(b)(1) and 268.7(b)(1)(i)-(lv) when they were added to the code by Revision Checklist 34. However, they were redesignated as 

268.7(b)(4) and 268.7(b)(4)(i)-(iv) by Revision Checklist 50. 

These subparagraphs were originally 268.7(b)(2) and 268.7(b)(2)(i)-(ii) when they were added to the code by Revision Checklist 34. However, they were redesignated as 

268.7(b)(5) and 268.7(b)(5)(i)-(iil by Revision Checklist 50. 

This paragraph was originally 268.7(b)(8) when it was entered into the code by Revision Checklist 50, but it was redesignated as 268.7(b)(7) by Revision Checklist 78 

because the old 268.7(b)(71 and 268.7(b)(7)(i)-(iv) were removed by Revision Checklist 78. Revision Checklist 66 corrected 268.7(b)(8) before it was redesignated by 

Revision Checklist 78 . 

• OCLOR94J.15 - Revised: 7/29/94 

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c 

SPA 15 

CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'dl 

The notice, certification and test requirements currently found in Federal code at 268.7(c}(1) and (c}(2) were originally addressed 'in paragraph 268.7(c), as introduced into 

the code by Revision Checklist 34. 268.7(c) was subsequently modified by Revision Checklists 39 and 50. Revision Checklist 39 added the testing requirements now 

found at 268.7(c}(2L although at the time, these requirements were still part of 268.7(c). It was Revision Checklist 50 that significantly revised the paragraph so that the 

notice and certification requirements now appear at (c}(1) and the testing requirements appear at (c}(2). The checklist reference column, then, includes all relevant 

checklists for 268. 7(c}(1) and (c}(2) rather than just Revision Checklist 50. which primarily affected the formatting changes. 

Subparagraphs 268.7(c)(3) and (c}(4L introduced into the code by Revision Checklists 50 and 66. respectively, were removed from the code by Revision Checklist 78. 

An error in the September 6, 1989 rule (54 f!! 36967; Revision Checklist 66) 'makes it appear that the revisions to 268:8(a) include the removal of 268.8(a}(4). This was 

not the Agency's intent and 268.8(a}(4} remains in Federal code as introduced by Revision Checklist 50. 

The rest of Subpart B is not included in this checklist because it deals with the schedule with which EPA will restrict wastes trorn.land disposal. States do not need to 

adopt those sections (i.e., 268.10-268.13). 

The 268.30(a) introduction appeared in the final rule addressed by Revision Checklist 50, but was not changed by that rule. See Revision Checklist 50 for more 

information. 

These subparagraphs were originally 268.30(c) and 268.30(c}( 1)-(3) when they were introduced into the code by R,:vision Checklist 34. However, Revision Checklist 50 

redesignated them as 268.30(d) and 268.30(d}(1 )-(3) because that checklist inserted a new paragraph at 268.30(c). 

These subparagraphs were originally 268.31(b) and 268.31 (b}(1)-(3) when they were introduced into the code by Revision Checklist 34: However, Revision Checklist 50 ' 

redesignated them as 268.31(d) and 268.31 (d}(1)-(3) because that checklist inserted a new paragraph at 268.31 (b). 

While this subparagraph appeared in the final rule addressed by Revision Checklist 50, this rule did not change this subparagraph. See Footnote 9, page 28 of Revision 

Checklist 50. 

This subparagraph was originally 268.35(e) when introduced into the code by Revision Checklist 78. However, Revision Checklist 116 redesignated it as 268.35(e}(1). 

with some modifications, and inserted a new paragraph at 268.35(e). 

The original 268.35(e}(2) was introduced by Revision Checklist 116. Revision Checklist 123 redesignated it as 268.35(e}(4) and added a new 268.35(e}(2). 

Note that there are typographical errors in the Federal Register addressed by Revision Checklist 102. The change from K031 to 0031 appears to be incorrect; "D031" 

should be "K031." There will be a technical correction in the future. Also. after"Appendix I of this part" in column 2 of page 57 FR 8089 for 268.41(a), "for the 

allowable" appears to have been incorrectly changed to "!!! the allowable." 

268.42(a}(3) was introduced into the code by Revision Checklist 63. Revision Checklist 78 removed this paragraph and Revision Checklist 83 added a new 268.42(a}(3). 

268.42(a}(4) was introduced into the code by Revision Checklist 63. Revision Checklist 78 removed this paragraph. 

The 55 FR 22520, June 1, 1990, code incorrectly states that a subparagraph 268.42(e) is added. The Federal Register did not contain a 268.42(e}; it only added 

268.42(d). 

Note, in the Federal Register for Revision Checklist 109 (57 FR 37275), there are two different entries in Table CCW for K030. This interpretation was confirmed by EPA 

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c 
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CONSOLIDATED CHECKLIST: Land Disposal Restrictions 

as of June 30, 1994 (cont'd) 

and this is how the Checlist 109 change was included in the July 1, 1990 CFR. The second ·K030· should read ·K043.· Also, this Federal Register adds an entry for 

K111, but this is not noted in the revision instructions for the table. 

While 268.43Ib) appeared in the final rule addressed by Revision Checklist 63, the text of the paragraph was not changed and remains the same as that introduced by 

Revision Checklist 50. 

Note that 268.44(0) and' a table listing wastes excluded from the treatment standards under 268.43Ia) were added to the CFR by 56 FR 12351, a notice granting 

treatability variance for facilities located in Chicago, Illinois. Due to the topic, no checklist was necessary for this notice. As such, this paragraph and table were not 

included in this consolidated checklist as States would likely not want to include it in their code, unless treatability variance was granted to a facility in that State. 

As background, the TCLP was originally promulgated in 268, Appendix I, on.November 7,1986 (51 FR 40572; Revision Checklist 34) for use in the Land Disposal 

Restrictions (LOR) program to determine whether certain treated wastes require treatment prior to land disposal and to determine whether certain treated wastes meet the 

applicable treatment standards. The TC rule and its June 29, 1990 modification promulgated a revised TCLP at 261, Appendix II, with modifications based on the 

Agency's own research and public comment. This TCLP is to be used in both the TC and the LOR programs. The objective of the above footnoted revision to 268, 

Appendix I, is to assure that the TCLP entered into the code by the November 7, 1986 notice 151 FR 40572; Revision Checklist 34) is removed and replaced by the TCLP 

entered into the code and amended by the final rules (55 FR 11798 and 55 FR 26986) addressed by Revisio'! Checklist 74. The actual placement of the TCLP within a 

State's code is not that important, per se; what is important is that a State's code contains only the Revision Checklist 74 TCLP. 

Revision Checklist 109 removed the table of FOOl-F005 spent solvent waste treatment standards and replaced it with a note regarding where such 

treatment standards may be found. 

• 

Revision Checklist 54 revised the section heading, which previously read "Minor Modification of Permits,· to read "Permit Modification at the Request of 

the Permittee.· This was an optional change; therefore a State may have the old section title if it elected not to adopt the Checklist 54 changes. States should' 

that 270.42 was not required by 271.14 to be part of a State's authorized permit program. Thus, only States which elected to have a section 

analogous to .270.42 at the time of base program authorization need worry about the 270.42 modifications made to this section by Revision Checklists 34, 39, 

54, and 109. Revision Checklist 54 removed portions of the code added by Revision Checklists 34 and 39, i.e., 270.42(0) and 270.42Ip) and their 

subparagraphs. However, these sections have been retained in this Consolidated LOR Checklist because the Revision Checklist 54 deletions were optional. The 

various scenarios for changes to this section are as follows: 

If the State did not include an analog to 270.42 in its base program, all entries for 270.42 shown in this Consolidated LOR Checklist should be 

disreqarded, 

If the State included an analog ·to 270.42 in its base program and chose to adopt the optional changes in Revision Checklists 39 and 54, the change to 

270.42(e)(3)(ii)(B) should be made; the entries on this Consolidated LOR Checklist for 270.42(0) and (p) and their respective subparagraphs should be 

disregarded (such code will have been deleted); and the new section title should be used. 

If the State included an analog to 270.42 in its base program, but chose not to adopt the optional changes in Revision Checklists 39 and 54, the change 

to 270.42(e)(3)(ii)(B) should be made; the State should have analogs to 270.42(0) and (p) and their respective subparagraphs as shown on this Consolidated 

LOR Checklist; and the old section title may be retained. 

Appendix I was introduced by Revision Checklist 54 as an optional modification to Section 270.42. Changes to this appendix addressed by Revision 

Checklists 78, 83, 109 and.l 24 are relevant only if a State has modified its code to include Appendix I as per Revision Checklist 54. 

Revision Checklist 78 redesignated the old item B(1)(b) as item B(1)(c) and added a new B(1)(b). 

Revision Checklist 83 added the footnote symbol to the Class I designation at B(1)(b). Note that both the 1991 and 1992 CFRs have two occurrences of 

item B(1)(b). The first occurrence (as revised by Revision Checklist 83) is the correct version. The second occurrence of item Bll)(b) is the one added by 

Revision Checklist 78 (without the Revision Checklist 83 change) and which is removed by Revision Checklist 124. 

• OCLOR94J.15 - Revised: 7/29/94 

Printed: 4/17/98 Page 125 of 135