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RCRA REVISION CHECKLIST 167 A

Land Disposal Restrictions Phase IV -

Treatment Standards for Metal Wastes

and Mineral Processing Wastes

63 FR 28556-28753

May 26,1998

(RCRA Cluster vm HSWA provisions)

Notes: 1) This rule makes changes to 40 CPR Part 148, addressing Land Disposal Restrictions for Underground

Injection Programs relative to mineral processing wastes. These changes are outside the Subtitle C program and

are not addressed by this Revision Checklist.

2) On August 10, 1998 (63 PR 42580), a rule was promulgated to clarify the correct adoption sequence of the May

4, 1998 rule (63 PR 24596, CL 165), the May 26, 1998 rule (63 PR 28556, CL 167), and the June 29,1998 (63 FR

35147) technical amendment to the May 4, 1998 rule, as they relate to the organobromine production waste entries

at 40 CPR 268.40 and 268.48. Subsequently, on April 9, 1999, the U.S. Court of Appeals vacated the listing of

these organobromine production wastes and in tum, the May 4, 1998; June 29, 1998; and August 10, 1998 rules

have been withdrawn. If a State chooses to follow this vacatur, it should remove the vacated wastes in the tables at

40 CFR 268.40 and 268.48, as indicated in footnotes 3 and 4. Ifthe vacatur is not followed by a State, then the

vacated wastes should remain as shown in the May 26, 1998 rule in tables 40 CFR 268.40 and 268.48.

STATE ANALOGIS:

FEDERALREQUIREMENTS FEDERALRCRA CITATION ANALOGOUSSTATE CITATION

WAC 173·303- MORE EQUIV- LESS BROADER

ALENT STRIN· STRIN· IN SCOPE GENT GENT

PART 268 - LAND DISPOSAL RESTRICTIONS

SUBPART A - GENERAL

DEFINITIONS APPLICABLE IN THIS PART

·1

insert "selenium,

sulfides," after "except

fluoride,"; delete comma

after "hazardous waste"

268.2(i)

140(2)(a)

40 CPR 268 is

incorporated by

reference. The

remaining checklist

entries were deleted to

save space and paper.

x

UN[VERSALTREATMENTSTANDARDS

Note: The revised numerical Universal Treatment Standards (UTS) for metal constituents Barium, Lead,

Selenium, Beryllium, Nickel, Thallium, and Vanadium are less stringent (t) than existing standards and are

optional for State adoption. The revised UTS for Cadmium, Chromium, Silver, Antimony and Zinc are

more stringent. The UTS for Mercury is printed in the rule because of the ongoing discussion regarding

changing the standards; however, at this time the UTS for Mercury remains unchanged.

• 1 replace existing table

with the table found at 268.48(a)fTable UTS 140(2)(a) X 63 PR 28739-28750 End offfiR.

(May26,1998)

May 26, 1998 - Page 1 of 4 CL167A· Revised: 8/4199

Printed: 12119/01
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If a State has chosen to follow the April 9, 1999 vacature, it should not include the entry for "2,4,6-

Tribromophenol" when it revises/replaces its analog to the 40 CPR 268.48(a) "Universal Treatment

Standards" table. This waste was added by Revision Checklist 165 (63 PR 24596, May 4, 1998; 63

PR 35147, June 29, 1998). Revision Checklist 165 was withdrawn by EPA because the listing of

"2,4,6-Tribromophenol" was vacated on April 9, 1999 by the U.S. Court of Appeals for the District

of Columbia in Great Lakes Chemical Corporation vs. EPA.

o

o

May 26, 1998 - Page 2 of 4 CLl67 A - Revised: 8/4199

Printed: 12119/01