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• SPA 19 RCRA REVISION CHECKLIST 167 A Land Disposal Restrictions Phase IV
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### Treatment Standards for Metal Wastes and Mineral Processing Wastes 63 FR 28556-28753 May 26,1998 (RCRA Cluster

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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 addressedby this Revision Checklist. 2) On August 10, 1998 (63 PR 42580), a rule was promulgated to clarify the correct adoption sequence ofthe 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 ofAppeals vacated the listing of theseorganobromine production wastes and in tum, the May 4, 1998; June 29, 1998; and August 10, 1998 rules have been withdrawn. 

### Ifa 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 notfollowed 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 MORE WAC 173·303- EQUIV- LESS BROADER ALENT STRIN· STRIN· IN SCOPE GENT GENT PART 268 - LAND DISPOSALRESTRICTIONS 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 incorporatedby reference. The remaining checklist entries were deleted to save space and paper. 

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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 Mercuryremains 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 of4 CL167A· Revised: 8/4199 Printed: 12119/01

### SPA 19

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 addedby 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 ofColumbiain Great Lakes Chemical Corporation vs. EPA.



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May 26, 1998 - Page 2 of 4 CLl67 A - Revised: 8/4199 Printed: 12119/01