DRAFT
 

RCRA REVISION CHECKLIST 137
 

Universal Treatment Standards and Treatment Standards for Organic
 

Toxicity Characteristic Wastes and Newly Listed Wastes
 

59 FR 47982-48110
 

September 19, 1994
 

as amended at 60 FR 242-302, January 3, 1995
 

(RCRA Cluster V, HSWA/non-HSWA provisions)
 

STATE ANAlOG IS: 

LEss MORE 

EQUIV- STRlN- STAIN- BROADER 

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION ALENT GENT GENT IN SCOPE 

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

SUBPART C - RULEMAKING PETITIONS
 

t VARIANCES FROM CLASSIFICATION AS A SOLID WASTE 

change "Regional 260.30 intro 017(5)(a) X 

Administrator" to 

"Administrator" 

remove "primary 

production" 

260.30(b) 017(5)(aHii) X 

•

. t STANDARDS AND CRITERIA FOR VARIANCES FROM CLASSIFICATION AS A SOLID WASTE 

change both 

occurrences of 

"Regional 

Administrator" to 

"Administrator"; 

remove "standards and" 

from the last sentence 

260.31 (a) 017(5)(b)(i) X 

/ 

change "Regional 

Administrator" .to 

"Administrator" 

260.31 (b) 017(5)(b)(ii) X 

t VARIANCE TO BE CLASSIFIED AS A BOILER 

change "Regional 260.32 intro 017(6) X 

Administrator" to 

"Administrator" 

t PROCEDURES FOR VARIANCES FROM CLASSIFICATION AS A SOLID WASTE OR TO BE 

CLASSIFIED AS A BOILER 

change "Regional 260.33 intro 017(7) X 

Administrator" to 

"Administrator" 

• DCl126.15 - Revised: 09/29/93

. September 19, 1994 - Page 1 of 26 Printed: 7/9/96 
DRAFT 

RCRA REVISION CHECKLIST 137: Universal Treatment Standards and Treatment 

Standards for Organic Toxicity Characteristic Wastes and Newly Listed Wastes (cont'd) c 

FEDERAl REQUIREMENTS 

FEDERAl RCRA CITATION ANALOGOUS STATE ClTAnON 

STATE ANALOG IS: 

EaulvAlENT 

LESS 

STRlNGENT 

MORE 

STAINGENT BROADER 

IN SCOPE 

change "Regional 

Administrator" to 

"Administrator"; replace 

"in the region where the 

recycler is located" with 

"for the variance"; 

remove." of this pan" 

after "260.32" 

260.33(a) 017(7)(a) X 

change the three 

occurrences of 

"Regional 

Administrator" to 

"Administrator" ; 

remove ", and this 

decision may not be 

appealed to the 

Administrator" 

260.33(b) 017(7)(bl X 

PART 261 -IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
 

SUBPART A - GENERAL
 

DEFINITION OF SOLID WASTE , 

t insert "or land 261 .2(e)(1)(iiil 017(2)(iii) X 

disposed" after "first .. 

being reclaimed "; 

replace the phrase "raw 

material feedstock, and 

the process must use 

raw materials as 

principal feedstocks": 

with "feedstock 

materials"; add a 

sentence prohibiting the 

placement on the land 

of materials that are 

returned to a secondary 

process 

C)
 

DCl126.15 • Revised: 09/29193 September 19, 1994 - Page 2 of 26 Printed: 719/96 
DRAFT 

• 

RCRA REVISION CHECKLIST 137: Universal Treatment Standards and Treatment 

Standards for Organic Toxicity Characteristic Wastes and Newly Listed Wastes (cont'd) 

STATE ANAlOG IS: 

LESS MORE 

EQUIV- STRlN- STRlN- BROADER 

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION ALENT GENT GENT IN SCOPE 

PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
 

TREATMENT, STORAGE, AND DISPOSAL FACILITIES
 

SUBPART A - GENERAL
 

PURPOSE, SCOPE AND APPLICABILITY
 

replace" 268.42, Table 264.1 (g)(6) 600(3)(n) X 

2, of this chapter," with 

;, 268.40 of this . 

chapter, Table 

Treatment Standards 

for Hazardous Wastes"; 

replace "corrosive 

(0002)" with "reactive 

(0003)"; remove "of 

this part" after 

" §264.17(b)"

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

HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 

SUBPART A - GENERAL 

PURPOSE, SCOPE, AND APPLICABILITY
 

replace n 268.42, Table 265.1 (c)( 10) 400(2)(c)(ix) X 

2, of this chapter," with 

"268.40 of this 

chapter, Table 

Treatment Standards 

for Hazardous Wastes"; 

replace n corrosive 

(0002)" with "reactive 

(0003)"; remove "in 

order" before "to 

remove" 

• DCl126.15 - RevisBd: 09/29193

September 19, 1994 - Page 3 of 26 Printed: 719196 
1 

0 

DRAFT 

RCRA REVISION CHECKLIST 137: Universal Treatment Standards and Treatment 

Standards for Organic Toxicity Characteristic Wastes and Newly Listed Wastes (cont'd) 

STATE ANAlOG IS: 

LESS MORE 

EOUlV· STAIN· STRfN· BROADER 

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION AlENT GENT GENT IN SCOPE 

PART 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS
 

WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
 

SUBPART C - RECYCLABLE MATERIALS USED IN A MANNER CONSTITUTING DISPOSAL
 

STANDARDS APPLICABLE TO USERS OF MATERIALS THAT ARE USED IN A MANNER THAT 

CONSTITUTES DISPOSAL 

replace "Subparts A 266.23(a) 505(2)(c) X 

through N of parts 264 

and 265 and Parts 270 

and 124" with 

"subparts A through N 

of parts 264 and 265 

and parts 268, 270 and 

124" 

SUBPART H - HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES
 

insert "or mercury 

recovery furnace," after 

"recovery furnace" 

266.1 OO(cH 1) 

: 

no analog 

insert "or mercury" 266.100(cH3) no analog 

after "nickelchromium"; insert 

"(c)(3)" at the end of 

paragraph 

replace "and XII" with 

"', XII, and XIII" 

266.100(cH3)(i) no analog 

APPLICABI L1TY C) 

() 

DCl126.15 • Revillad: 09/29/93

September 19, 1994 - Page 4 of 26 Printed: 7/9/96 
DRAFT
 

• 

RCRA REVISION CHECKLIST 137: Universal Treatment Standards and Treatment 

Standards for Organic Toxicity Characteristic Wastes and Newly Listed Wastes (cont'd) 

2 

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION 

STATE ANAlOG IS: 

EQUIVALENT 

LESS 

STFUNGENT 

MORE 

STRlNGENT BROADER 

IN SCOPE 

insert "of this part" 

after "appendix XI"; 

insert "of this part" 

after "appendix XII"; 

after "nickel or 

chromium" insert "a 

waste listed in appendix 

XIII of this part must 

contain recoverable 

levels of mercury and 

contain less than 500 

ppm of 40 CFR part 

261, appendix VIII 

organic constituents," 

266.100(c)(3)(iHA) no analog 

replace "or XII" with 

"XII, or XIII" 

. 266.1 00(c)(3)(ji) no analog 

• APPENDIX XIII TO PART 266 

MERCURY BEARING WASTES THAT MAY BE PROCESSED IN EXEMPT MERCURY RECOVERY 

UNITS 

add a new appendix 266/Appendix XIII no analog 

addressing certain 

mercury-bearing wastes 

PART 268 - LAND DISPOSAL RESTRICTIONS
 

SUBPART A - GENERAL
 

PURPOSE, SCOPE AND APPLICABILITY
 

replace the ending 

period with "; and" 

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

add a new paragraph 268.1 (c)(3Hiii) 140(2)(a) X 

addressing 0001 High 

TOC subcategory 

wastes or D012-D017 

pesticide wastes 

• DCL126.15 - Revised: 09/29193 September 19, 1994 - Page 5 of 26 Printed: 7/9/96 
DRAFT
 

RCRA REVISION CHECKLIST 137: Universal Treatment Standards and Treatment 

Standards for Organic Toxicity Characteristic Wastes and Newly Usted Wastes (cont'd) o 

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION 

STATEANALOG IS: 

EQUIVAlENT 

LESS 

STRINGENT 

MORE 

STRlNGENT BROADER 

IN SCOPE 

after "corrosive 

(0002)," add "or are 

organic constituents 

that exhibit the 

characteristic of toxicity 

(0012-0043),"; replace 

"268.2 of this part" 

with "268.2(i)"; replace 

the ending period with a 

semicolon and add the 

phrase "discharges from 

safety showers and 

rinsing and cleaning of 

personal safety 

equipment; and rinsate 

from empty containers 

or from containers that 

are rendered empty by 

that rinsing; or" 

268.1 (e)(4) 140(2)(a) 

-

X 

" 

insert "for hazardous 

characteristic wastes" 

after"prohibitions"; 

replace "or corrosivity 

(0002)" with 

". corrosivity (0002), or 

organic toxicity (0012­

0043)"; remove "that 

are commingled with 

.•.laboratory 

operations,"; change 

the two occurrences of 

"headwork" to 

"headworks" 

268.1 (e)(5) _... -

140(2)(a) 

.. ". 

X .­

.. 

o 

DEFINITIONS APPLICABLE TO THIS PART 

insert ", namely lead 268.2(g) 140(2)(a) X 

acid batteries, cadmium 

batteries, and 

radioactive lead solids" 

after "Part 268" 

() 

DCl126.15 - Revised: 09/29/93 September 19. 1994 - Page 6 of 26 Printlld: 7/9196 
• 

3 

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION· 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRlNGENT 

MORE 

STRlNGENT BROADER 

IN SCOPE 

rewrite definition to 

refer to the constituents 

listed in 268.28 Table 

UTS--Universal 

Treatment Standards 

which can reasonably 

be expected to be 

present at point of 

generation, excluding 

zinc and vanadium 

268.2(i) 140(2)(a) 

.. 

.. 

X 

•
 

• DCL126..15 - Revised: 09/29193 September 19, 1994 - Page 7 of 26 . Printed: 719/96 . 
0 

4 

DRAFT 

RCRA REVISION CHECKLIST 137: Universal Treatment Standards and Treatment 

Standards for Organic Toxicity Characteristic Wastes and Newly Listed Wastes (cont'd) 

STATE ANALOG IS: 

LESS MORE 

EQUIV- STRlN· STRlN- BROADER 

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION AlENT GENT GENT IN SCOPE 

WASTE ANALYSIS AND RECOROKEEPING
 

o 

replace "the Toxicity 

Characteristic Leaching 

Procedure, Method 

1311 in" with "test 

method 1311 (the 

Toxicity Characteristic 

Leaching Procedure, 

described in": insert ") II 

after II chapter" in the 

first sentence; remove 

"of this part" after· 

"§ 268.32"; replace 

"the Extraction 

Procedure Toxicity Test, 

Method 131 0 in" with 

"test methodt at t (the 

Toxicity Characteristic 

Leaching Procedure, 

described in"; replace 

.the second occurrence 

of "EPA Publication 

SW-846, as 

incorporated by 

reference in 260.11 of 

this chapter," with -­

"(SW-846)"; in the last 

sentence, replace 

"waste displays" with 

"waste exhibits"; 

replace "INCIN, FSUBS, 

or. RORGS" with 

"CMBST or RORGS"; 

remove "of this Part" 

after" §268.37" and 

insert ": and/or the 

characteristic of organic 

toxicity (0012-0043), 

and is prohibited under 

268.7(a) 

- . 

-

140(2)(a) 

_. 

- . 

.­

. -

X 

o 

DCL126.15 - Revised: 09/29193 September 19, 1994 - Page 8 of 26 Printed: 7/9/96 
DRAFT
 

RCRA REVISION CHECKLIST 137: Universal Treatment Standards and Treatment
 

. Standards for Organic Toxicity Characteristic Wastes and Newly Listed Wastes (cont'd)
 .'
 

3 

.3
 

3 

•
 

ANALOGOUS STATE CITATION 

STATE ANALOG IS: 

EaUlvALENT 

L£SS 

STAINGENT 

MORE 

STAINGENT 

BROADER 

IN SCOPE 

140(2)(a) X 

140(2)(a) X 

140(2)(a) X 

"140(2Ha) X 

140(2)(a) X 

140(2)(a) X 

140(2)(a) X 

FEDERAl REaUIREMENTS 

§268.38"; replace "are 

reasonably expected to 

be present in the 0001 

or 0002 waste" after 

D§268.2" with "in the 

0001, 0002, or 0012­

0043 wastes" 

insert "it" before 

"exceeds": remove the" 

end of the first 

sentence after Dnotify 

the treatment or storage 

facility in writing" 

remains unchanged 

even though included in 

rule 

replace with - ­

subparagraph 

addressing waste 

constituents the-treater 

will monitor, if 

monitoring will not 

include all regulated 

constituents for 

specified wastes; 

generator must indicate 

whether wastewater or 

nonwastewater 

remains unchanged 

even though included in 

rule 

replace "40 CFR 

268.45; and" with "40 

CFR 268.45;" 

replace "WasteD with 

"The waste"; replace 

ending period with 

";" and." 

FEDERAL RCRA CITATION 

268.7(a) (continued) 

268.7(a)(1) 

268.7(aHlHi) 

268.7(aH1Hii) " 

-, 

268.7(aH1 Hiii) 

268.7(aH1 )(iv) 

268.7(aH1 Hv) 

-

September 19. 1994 - Page 9 of 26 

DC1126.15 • Reviled: 09/29193 

Printed: 119196 
0 

DRAFT
 

RCRA REVISION CHECKLIST 137: Universal Treatment Standards and Treatment 

Standards for Organic Toxicity Characteristic Wastes and Newly Listed Wastes (cont'd) 

3 

3 

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION 

add new subparagraph: 268.7(aH1 Hvi) 

"The date the waste is 

subject to the 

prohibitions. " 

remains unchanged 268.7(a)(2) 

even though included in 

this rule 

remains unchanged 268.7(a)(2Hi) 

even though included in 

this' rule 

remains unchanged 

even though included in 

this rule 

268.7(aH2Hi) 

(AI .. 

replace subparagraph; 268.7(a)(2HiHB) 

waste constituents the .. 

treater will monitor. if 

monitoring will not 

include all regulated 

constituents for 

specified wastes; 

indicate whether 

wastewater or 

nonwastewater 

remains unchanged 268.7(aH2Hi)(C) 

even though included in 

this rule 

remains unchanged 268.7(a)(2)(i)(D} 

even though included in 

this rule 

remains unchanged 268.7(a)(2Hii) 

even though included in 

this' rule 

remains unchanged 268.7(a)(3} 

even though included in 

this rule 

ANALOGOUS STATE CITATION 

140(2Ha) 

140(2)(a) 

140(2)(a) 

140(2Ha} 

140(2Ha) 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STRINGENT 

MORE 

STRlNGENT BROADER 

IN SCOPE 

X 

X 

X 

X 

X 

X 

X 

X 

X 

o 

140(2Ha} 

140(2Ha} 

o· 140(2)(a) 

140(2Ha) 

()
 

DCL126.15 • Revilled: 09/29/93 September 19.1994 - Page 10 of 26 '. Printed: 719/96 
.'
 DRAFT
 

RCRA REVISION CHECKLIST 137: Universal Treatment Standards and Treatment 

Standards for Organic Toxicity Characteristic Wastes and Newly Listed Wastes tcont'd) , 

•
 

STATE ANALOG IS: 

LESS MORE 

EQUlV- STRlN- STRlN- , BROADER 

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION AlENT GENT GENT IN SCOPE 

remains unchanged 268.7(a)(3)(i) 140(2)(a) X 

even though included in 

this rule 

replace subparagraph; 268.7(a)(3)(ii) 140(2)(a) X 

waste constituents the ,. 

treater will monitor, if 

monitoring will not 

include all regulated 

constituents for 

specified wastes; 

generator must indicate 

'whether wastewater or 

nonwastewater 

remains unchanged 268.7(a)(3)(iii) 140(2)(a) X 

even though included in 

this rule 

remains unchanged 268.7(a)(3)(iv) 140(2)(a) X 

even though included in 

this rule 

replace subparagraph; 268.7(a)(3)(v) 140(2)(a) X 

for hazardous debris 

when using alternative 

treatment technologies 

provided by 268.45 

add new subparagraph: 268.7(a)(3)(v)(A) 140(2)(a) X 

contaminants subject to 

treatment as described 

in 268.45(b) 

add new subparagraph; 268.7(a)(3)(v)(B) 140(2)(a) X 

indicate that these 

contaminants are 

treated to comply with 

268.45 

• OCl1211.15 - Revised: 09/29/93 September 19, 1994 - Page 11 of 26 Printed: 7/9/96 
DRAFT 

RCRA REVISION CHECKLIST ·137:· Universal Treatment Standards and Treatment 

Standards for Organic Toxicity Characteristic Wastes and Newly Listed Wastes tcont'd) o 

·3 

3 

c 

FEDERAL REQUIREMENTS . FEDERAL RCRA CITATION ANALOGOUS STATE CITATION 

STATE ANALOG IS: 

EQUIV· 

ALENT 

LESS 

s'rRlNGENT 

MORE 

STAINGENT BROADER 

IN SCOPE 

replace subparagraph; 

for hazardous debris 

when using the 

treatment standards for 

the contaminating 

waste(s) in 268.40: the 

requirements described 

in 268.7(a)(3)(i), nu. 

(iii), (iv), and (vii) 

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

. 

add new subparagraph: 

"the date the waste is 

subject to the 

prohibitions. " 

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

remains unchanged 

even though included in 

this rule 

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

remains unchanged 

even though included in 

this rule 

268.7(a)(4)(i) 140(2)(a) . X .­

- . - -

remains unchanged 

even though included in 

this rule 

268.7(a)(4)(ii) -

140(2)(a) 

... 

X· 

remains unchanged 

even though included in 

this rule 

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

remains unchanged 

even though included in 

this rule 

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

delete a comma 

between "RCRA" and 

"Subtitle C" 

268.7(aH6) 140(2)(a) X 

change "261.2-261.6" 

to "261.2 through 

261.6"; insert "RCRA" 

before "Subtitle C" 

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

o
 

DCL126.15 • Revised: 09/29193

September 19, 1994 - Page 12 of 26 Printed: 719196 
DRAFT
 

• 

RCRA REVISION CHECKLIST 137: Universal Treatment Standards and Treatment 

Standards for Organic Toxicity Characteristic Was~es and Newly listed Wastes (cont'd) 

3 

• 

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION 

STATE ANALOG IS: 

EQUIV· 

At..err 

LESS 

STRlNGENT 

MORE 

STRlNGENT 

BROADER 

IN SCOPE 

replace "that contains 

wastes identified in 

Appendix IV of this 

part" with "that 

contains none of the 

wastes specified in 

appendix IV of part 

268"; replace "268.42" 

with "268.42(c)"; after 

"paragraph (a)(1) of this 

section" add", except 

that underlying 

hazardous constituents 

need not be 

determined"; in the 

certification, replace 

"contains only the 

wastes specified in 

appendix IV" with 

"does not contain any 

wastes identified at 

Appendix IV"; remove 

the phrase "or solid 

wastes not subject to 

regulation under 40 CFR 

part 261"; remove the 

comma after 

"certification" 

268.7(a)(8) 

-

140(2)(a) X 

remove and reserve 268.7(a)(9) 140(2)(a) X 

remains unchanged 

even though included in 

rule 

268.7(a)(10) 140(2)(a) X 

• DCL126.15 - Revised: 09/29/93 September 19, 1994 - Page 13 of 26 Printed: 7/9/96 
0 

.. 

DRAFT 

, RCRA REVISION CHECKLIST 137: Universal Treatment Standards and Treatment 

Standards for Organic Toxicity Characteristic Wastes and Newly Listed Wastes (cont'd) 

3 

3 c 

3,5 

, 

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION 

SfATE ANALOG IS: 

EQUlVAlENT 

LESS 

STRlNGENT 

MORE ' 

STAIN-' 

GENT 

BROADER 

IN SCOPE 

replace subparagraph; 

waste constituents to 

be monitored if 

monitoring will not 

include all regulated 

constituents; include 

whether nonwastewater 

or wastewater; indicate 

subcategory 

268.7(b)(4)(ii) 140(2)(a) X " 

" 

add new subparagraph 

addressing 

characteristic wastes 

0001, 0002, and 

DO12-0043 meeting 

specified requirements; 

certification 

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

replace "Director" with 

"EPA Regional 

Administrator (or his 

designated 

representative) or State 

authorized to implement 

part 2.68 requirements" 

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

insert ". including the 

following information," 

after "notification"; 

replace "Director or 

authorized .State _ 

including the following 

information" with" EPA 

Regional hazardous 

waste management' 

, division director (or his 

designated 

representative) or State 

authorized to implement 

part 268 requirements'" 

268.7(d)(1 ) 

,. 

140(2)(a) 

_..-- . - -

-

X 

() 

DCl126.15 - Revised: 09/29193

September 19, 1994 - Page 14 'of 26 Printed: 719196 
DRAFT
 

• 

RCRA REVISION CHECKLIST ·137: Universal Treatment Standards and Treatment 

Standards for Organic Toxicity Characteristic Wastes and Newly Listed Wastes (cont'd) 

STATE ANALOG IS: 

LESS MORE 

EQUlV- STAIN- STAlN- BROADER 

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION ALENT GENT GENT IN SCOPE 

SPECIAL RULES REGARDING WASTES THAT EXHIBIT A CHARACTERISTIC
 

3 

• 

change "40 CFR part 

261" to "40 CFR 261" 

in the first two 

occurrences; in the third 

sentence replace 

"treatment standard for 

the waste code listed in 

40 CFR Part 261 , 

Subpart 0 operates in 

lieu of the standard for 

the waste code under 

40 CFRpart 261, 

subpart C" with 

"treatment standard for 

the waste listed in part 

261 , subpart 0 

operates in lieu of the 

treatment standard for 

the waste under part 

261, subpart CIt; 

replace "INCIN, FSUBS, 

or RORGS of § 268.42, 

Table 1" with "CMBST, 

or RORGS"; after 

.. § 268.37" replace "of 

the Part" with "; or that 

his waste displays the 

characteristic of toxicity 

(0012-0043), and is 

prohibited under 

. § 268.38,"; replace 

"determine what" with 

"determine the"; 

remove "of this Part" 

after" § 268.2"; replace 

"are reasonably 

expected to be present 

in the 0001 or 0002 

268.9(a) 140(2)(a) X 

• DCL126.15 • Revised: 09129193 

September 19, 1994 - Page 15 of 26 Printed: 719196 
--

0 

3 

DRAFT
 

RCRA REVISION CHECKLIST 137; Universal Treatment Standards and Treatment 

Standards for Organic Toxicity Characteristic Wastes and Newly Listed Wastes (cont'd) 

FEDERAL REQUIREMENTS 

waste" with "in the 

0001, 0002, or 0012­

0043 wastes" 

insert "RCRA" before 

"Subtitle 0 facility" ; add 

"and" at the end of the 

subparagraph 

remove "and" before -

"treatability -group(s)";_ 

after "treatability 

group(s)" add ", and 

underlying hazardous 

constituents (as defined 

in §268.2(i) in 0001 

and 0002 wastes 

prohibited under ­

§268.37, or 0012­

0043 wastes under 

§268.38" 

add new subparagraph; 

if treatment removes 

the characteristic but 

does not treat 

underlying hazardous 

constituents, then the 

certification found in 

§268.7(b)(5)(iv) applies 

- reserved 

FEDERAL ReM CITATION 

268.9(a) (continued) 

268.9(d)(1 )(i) 

268.9(d)(1 )(ii) 

268.9(d)(2)(i) 

268:9(d)(2)(ii) 

ANALOGOUS STATE CITAnON 

STATE ANALOG IS: 

EQUIV· 

ALENT 

LESS 

STRlNGENT 

MOl'lE 

STRlNGENT BROADER 

IN SCOPE 

140(2)(a) X 

140(2)(a) X 

140(2)(a) X 

140(2)(a) 

.. ..- '--~

X 

140(2)(a) X 

o 

.... 

()
 

DeL 126.15 • Revised: 09/29/93

September 19, 1994 - Page 16 of 26 -Printed: 719/96 
•
 STATE ANALOG IS: 

LESS MORE 

EQUIV· STRlN- STRlN· BROADER 

FEDERAL REQUIREMENTS FEDERAL RCM CITATION ANALOGOUS STATE CITATION ALENT GENT GENT IN SCOPE 

SUBPART C - PROHIBITIONS ON LAND DISPOSAL
 

WASTE SPECIFIC PROHIBITIONS - NEWLY IDENTIFIED ORGANIC TOXICITY CHARACTERISTIC 

WASTES AND NEWLY LISTED COKE BY-PRODUCT AND CHLOROTOLUENE PRODUCTION 

WASTES . 

•
 

land disposal 

prohibitions for 

specified wastes as of 

December 19, 1994; 

definition of CWAequivalenttreatment 

268.38(a) 140(2)(a) X 

September 19, 1996 

land disposal prohibition 

of radioactive wastes 

mixed with DO18-0043 

meeting certain criteria; 

definition of CWAequivalent treatment; 

similar prohibition for 

radioactive wastes 

mixed with K141-K145 

and K147-K151 and for 

soil and debris 

contaminated with 

these radioactive mixed 

wastes 

268.38(b) . 140(2)(a) X 

where 268.38(b) 

wastes may be 

disposed of between 

December 19, 1994 

and September 19, 

1996 

268.38(c) 140(2)(a) X 

when the requirements 

of 268.38(a), (b). and 

(c) do not apply: 

268.38(d) 140(2)(a) X 

wastes meet applicable 

Part 268, Subpart 0 

treatment standards 

268.38(d)(1 ) 140(2)(a) X 

• DCL126.15 • Revised: 09/29/93 September 19, 1994 - Page 17 of 26 Printed: 719/96 
DRAFT
 

RCRA REVISION CHECKLIST 137: Universal Treatment Standards and Treatment 

Standards for Organic Toxicity Characteristic Wastes and Newly Listed Wastes (cont'd) 0.. 

, 

FEDERAl REQUIREMENTS 

" 

FEDERAl RCRA CITAnON ANALOGOUS STATE CITATION 

STATE ANALOG IS: 

EQUIVALENT 

LESS 

STAINGENT 

MORE 

STAINGENT 

BROADER 

IN SCOPE 

exemption pursuant to a 

268..6 petition 

268.38(d)(2) . - 140(2)(a) X 

wastes meet alternate 

treatment standards 

pursuant to 268.44 

268.38(d)(3) 140(2)(a) X 

granted an extension to 

the effective date of a 

prohibition pursuant to 

268.5 

268.38(d)(4) 140(2)(a) X 

how to and who 

determines whether a 

hazardous waste . 

identified in 268.38 

exceeds applicable 

treatment standards 

specified in 268.40 

268.38(e) .... 140(2)(a) X 

SUBPART D - TREATMENT STANDARDS o

APPLICABILITY OF TREATMENT· STANDARDS
 

replace paragraph; 268.40(a) 140(2)(a) X 

when a waste identified 

in "Treatment 

Standards for 

Hazardous Wastes" 

may be land disposed ..­ .. 

all hazardous 268.40(a)(1 ) 140(2)(a) X 

constituents in the 

waste or in the 

treatment residue must 

be at or below the 

values found in the 

table for that waste 

("total waste 

standards") 

() 

DCl126.15 - Revised: 09/29193

September 19, 1994 - Page 18 of 26 Printed: 719/96 
DRAFT
 

• 

RCRA REVISION CHECKLIST 137: Universal Treatment Standards and Treatment 

Standards for Organic Toxicity Characteristic Wastes and Newly Usted Wastes (cont'd) 

• 

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION 

STATE ANALOG 15: 

EaUIV· 

ALENT 

LESS 

STRINGENT 

MORE 

STR~

GENT 

BROADER 

IN SCOPE 

hazardous constituents 

in the extract of the 

waste or in the extract 

of the treatment residue 

must be at or below the 

values found in the 

table ("waste extract 

standards") .__. 

268:40(a)(2) 

_. 

140(2)(a) X 

waste must be treated 

using the technology 

specified in the table 

("technology 

standard"), which are 

described in detail in 

268.42, Table 1 -

Technology Codes and 

Description of 

Technology-Based 

Standards 

268.40(a)(3) 140(2)(a) -X 

replace paragraph; how .. 

to comply for 

wastewaters; how-to -­

comply for 

nonwastewaters; -­ . 

compliance for wastes 

covered by the waste 

exhaust standards; 

compliance for wastes 

covered by a 

technology standard 

268.40(t>L 

-­ ... ..• 

-­ <. 

140(2)(a) 

- -

.x 

replace paragraph; 

treatment standards 

when wastes with 

differing treatment 

standards are combined 

268.40(c) 140(2)(a) X 

• DCL126.15 • Revised:. 09129/93 September 19, 1994 - Page 19 of 26 Printed: 719196 
DRAFT
 

RCRA REVISION CHECKLIST 137: Universal Treatment Standards and Treatment 

Standards for Organic Toxicity Characteristic Wastes and Newly Usted Wastes (cont'd) o 

FEDERAL REQUIREMENTS .FEDERAL RCRA CITAnON ANAlOGOUS STATE CITATION 

STATE ANALOG IS: 

EQUIV· . 

AlENT 

LESS 

STRlNGENT 

MORE 

STRINGENT 

BROADER 

IN SCOPE 

replace paragraph; how 

treatment and disposal 

facilities demonstrate 

(and certify pursuant to 

40 CFR 268.7(b)(5)) . 

compliance with the 

treatment standards for 

organic constituents 

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

, 

treatment standards 

were established based 

on incineration in units 

operated in accordance 

with Part 264, 

Subpart 0 or on 

combustion in fuel 

substitution units 

operating in accordance 

with applicable 

technical requirements 

268.40(d)(1 } 

, 

140(2)(a) X 

use of methods 

referenced in 

268.40(d)(1) to treat 

organic constituents 

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

demonstrate that goodfaith analytical efforts 

achieve detection limits 

for the regulated 

orqanic constituents 

that do not exceed the 

treatment standards 

specified in 268.40 by 

an order of magnitude 

268.40(d)(3) 140(2)(a) X 

o
 

o
 

DCl126.15 - Revised: 09/29193 September 19~ 1994 - Page 20 of 26 Printed: 719196 
DRAFT
 

•
 

RCRA REVISION CHECKLIST 137: Universal Treatment Standards and Treatment.
 

Standards for Organic Toxicity Characteristic Wastes and Newly Listed Wastes (cont'd)
 

6 

• 3 

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION 

STATE ANAlOG IS: 

EQUIVALENT 

LESS 

smlN· 

GENT 

MORE 

STRlNGENT BROADER 

IN SCOPE 

for characteristic 

wastes with treatment 

. standards in the 

"Treatment Standards 

for Hazardous Wastes" 

Table, 'all underlying 

hazardous constituents 

must meed Universal 

Treatment Standards 

268.40(e) 140(2)(a) X 

other wastes to which 

the treatment standards 

for FOO 1-F005 

nonwastewater 

constituents carbon 

disulfide, 

cyclohexanone, and/or 

methanol apply; how 

compliance is measured 

268.40(f) 140(2)(a) X 

insert new table 

"Treatment Standards 

for Hazardous Waste" 

at 60 FR 246 (January 

3, 1995) 

268.401Table 140(2)(a) X 

TREATMENT STANDARDS EXPRESSED AS CONCENTRATIONS IN WASTE EXTRACT
 

replace section and 268.41 and Table 140(2)(a) X 

Table CCWE with CCWE 

paragraph referring to 

268.40 

TREATMENT STANDARDS EXPRESSED AS SPECIFIED TECHNOLOGIES
 

add note referring to 268.42 note .140(2)(a) X 

268.40 for the 

requirements previously 

found in 268.42, Tables 

2 and 3 

• DCl1 26.15 • Revised: 09/29/93 September 19, 1994 - Page 21 of 26 Printed: 7/9/96 
•
 

STATE ANALOG IS: 

l.£SS MORE 

EQUIV- STfUN· STfUN· BROADER 

FEDERAL REOUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION AlENT GENT GENT IN SCOPE 

replace "Table 2 and 268.42(a) 140(2)(a) X 

Table 3 of this section" 

with "the table in 

§ 268.40 "Treatment 

Standards for 

Hazardous Wastes", for 

which standards are 

expressed as a 

treatment method 

rather than a 

concentration level," 

Insert entry for 268.42(a)fTable 1 140(2)(a) x 

"CMBST", in 

alphabetical order, as 

shown at 60 FR 302 

(January 3, 1995) 

remove 268.42(a)rrable 2 140(2)(a) X 

remove 268.42(a)rrable 3 140(2)(a) X 

replace subparagraph; 268.42(c)(2) 140(2)(a) X 

lab pack does not 

contain any Part268, 

Appendix IV wastes •• -< 

3 

CJ 

·0 

DCl126.15 - Revised: 09129/93 September 19, 1994 - Page 22 of 26 Printed: 7/9/96 
DRAFT
 

• 

RCRA REVISION CHECKLIST 137: Universal Treatment Standards and Treatment 

Standards for Organic Toxicity Characteristic Wastes and Newly Listed Wastes (cont'd) 

STATE ANALOG IS: 

LESS MORE 

EQUlV- STRlN- STAIN- BROADER 

FEDERAL REQUIREMENTS FEOERAl RCRA CITATION ANALOGOUS STATE CITATION AlENT GENT GENT IN SCOPE 

replace paragraph; 268.42(d) 140(2)(a) X 

radioactive mixed 

wastes are subject to 

the treatment standards 

in 268.40; when 

standards are specified 

in Table of Treatment 

Standards, then those 

govern; where there is 

no specific standard for 

radioactive mixed 

waste, then the 

treatment standard for I 

the hazardous waste 

applies; hazardous 

debris containing 

radioactive waste is 

subject to the 268.45 

treatment standards • TREATMENT STANDARDS EXPRESSED AS WASTE CONCENTRATIONS 

replace section with a 268.43 140(2)(a) X 

paragraph referring to 

268.40 

remove 268.43fTable CCW 140(2)(a) X 

• . OCl126.15 • Revised: 09/29/93 September 19, 1994 - Page 23 of 26 Printed: 7/9/96 
• 

DRAFT 

RCRA REVISION CHECKLIST 137: Universal Treatment Standards and Treatment 

Standards - for Organic Toxicity Characteristic Wastes and Newly Listed Wastes (cont'd) a· . 

STATE ANALOG IS: 

LESS MORE 

EQUIV· STAlN- STRlN- BROAOER 

FEDERAL REQUIREMENTS FEDERAL RCRA ClTATION ANALOGOUS STATE ClTAnON ALENT GENT GENT IN SCOPE 

TREATMENT STANDARDS FOR HAZARDOUS DEBRIS
 

replace text starting 268.45(b)(2) 140(2)(a) X 

with afar which -

BOAT ... " with a or 

wastes for which 

treatment standards are 

established for the 

waste under §268.40n 

ALTERNATIVE TREATMENT STANDARDS BASED ON HTMR
 

replace section with 268.46 140(2)(a) X 

paragraph referring to 

268.40 

UNIVERSAL TREATMENT STANDARDS
 

Table UTS identifies the 

hazardous constituents 

along with the 

nonwastewater and 

wastewater treatment 

standard levels used to 

regulate most prohibited 

hazardous wastes with 

numerical limits; 

standards cannot beexceeded for ­

determining compliance 

with treatment 

standards for underlying 

hazardous constituents 

as defined in 268.2(i); 

compliance measured . 

by analysis of grab 

samples unless noted in 

table 

268.48(a) 

.. 

- - - . _.. -­

140(2)(a) X 

( j 

'; 

DCL126.15 - Revised: 09/29193 September 19, 1994 - Page 24 of 26 Printed: 719/96 

c 
DRAFT
 

• 

. RCRA REVISION CHECKLIST 137: Universal Treatment Standards and Treatment 

Standards for Organic Toxicity Characteristic Wastes and Newly listed Wastes (cont'd) 

3 

STATE ANALOG IS: 

LESS 'MORE 

EQUIV- STRlN- STflIN- BROADER 

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION ALENT GENT GENT IN SCOPE 

add table titled "Table 268.48/Table UTS 140(2)(a) X 

UTS - Universal 

Treatment Standards" 

,inCluding change made 

to the footnotes by 60 

FR 242 (January 3, 

1995) 

APPENDIX IV TO PART 268
 

replace appendix with a 268/Appendix IV 140(2)(a) X 

paragraph containing a 

list of the EPA 

hazardous waste codes 

for hazardous wastes 

that may not be placed 

in lab packs under the 

alternative lab pack 

treatment standards at 

268.42(c) • APPENDIX V TO PART 268 

remove and reserve 268/Appendix V 140(2)(a) 

APPENDIX X TO PART 268
 

add new appendix 268/Appendix X 140(2)(a) X 

containing 1) a table 

addressing 

recordkeeping, 

notification, and/or 

certification 

requirements and 2) ,. 

certification statements 

A-G; include 

amendment to 

Certification Statement 

B made by 60 FR 242, 

(January 3, 1995) 

3
 

1 Note, in the September 19, 1994 FR article for this rule, there is an error in the internal 

• 

references in this paragraph--"subparts A through N of parts 124, 264, 265, 268 and 270" 

DCL126.15 • Reviaod: 09/29193 . September 19, 1994 - Page 25 of 26 Printed: 7/9196 
· DRAFT
 

RCRA REVISION CHECKLIST 137: Universal Treatment Standards and Treatment 

Standards for Organic Toxicity Characteristic Wastes and Newly Listed Wastes (cont'dl /

.: 

should be "subparts A through N of parts 264 and 265, and parts 268,270, and 124;" 

correct internal references are given on the checklist. 

The 

2 There is a typographical error in the September 19, 1994 FR article:' the reference to 

"appendix IX" should be to "appendix XI." In the version of 266.1 00(c)(3)(i)(A) prior to this 

rule, the reference was to "appendix XI", but this rule incorrectly changed it to "appendix IX." 

States should not make this change. As such, this change was not listed on the checklist. 

3 Amended by 60 FR 242 (January 3, 1995). 

4 Note, there are two typographical errors in the September 19, 1994 FR article: there should 

be a "l" after" §268.2" and "(SW-846))" should be "(SW-846)". , 

1 

I 

5 There appears to be an error in the January 3, 1995 amendment. The phrase "or State 

authorized to implement part 268 requirements" is printed twice in the same sentence. On 

the checklist, the second occurrence is not included. 

6 :There is a typographical error in the September 19, 1994 FR article: there should not be a "I" 

before "0001 ". 

,0 

Del126.15 - Revised: 09/29/93 September 19, 1994 - Page 26 of 26 Printed: 7/9/96