905R89011
            REGIOXF V






    Land Disposal Restriction






Violation  Classification Guidance
     Updated to February 1989

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                     40 CFR FARTS  261, 264, 268, and 270
               PORTIONS RFTATTTXH TO LAND DISPOSAL RESTRICTIONS
PART 261 ITOENriFICATION AND LISTING OF HAZARDOUS WASTE                 CLASS

     7.61.6 - REQUIREMENTS FOR RECYCLABLE MATERIALS

     (a)(l)   Owners and operators (0/0) of facilities that store       N/A
              recyclable materials before they are recycled are
              regulated under all applicable provisions of
              Subparts  A through L of Parts 264 and 265 and under
              Parts 124, 266, 268 and 270 and the notification
              requirements  of RCRA.  The recycling process itself
              is exempt from the regulation.

PART 262 STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

     262.11 - HAZARDOUS WASTE DETERMINATION

     (d)      If generator's waste is hazardous, the generator must     N/A
              refer to  Pats 264, 265, and 268 for possible exclusions
              or restrictions pertaining to its management.

     262.51 - FARMERS

              A farmer disposing of waste pesticides from his own       N/A
              use which are hazardous wastes is not required to
              comply with the standards in this part or other
              standards in  40 CFR Parts 264, 265, 268 or 270 for those
              wastes, provided he triple rinses each container in
              accordance with 261.7(b) (3) and disposes of the pesticide
              residues on his own farm in a manner consistent with
              disposal  instructions on the label.

PART 264 TSD PERMIT STANDARDS

     264.13 - GENERAL WASTE ANALYSIS

     (a) (l)   Before O/O treats, stores or disposes of any hazardous    I
              waste he must obtain a detailed chemical and physical
              analysis of a representative sample of waste.  The
              analysis must contain all information needed to treat,
              store or dispose of the waste in accordance with
              Parts 268 or 270, and 124.

     (b)(6)   The facility's waste analysis plan must be amended        II
              to include all testing requirements given in
              40 CFR 268.7.

     (b) (7)   The waste analysis plan for exempted surface              II
              impoundments must include:

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                                    - 2 -


     264.13 COnt.

               (i)  sampling of impoundment contents;

              (ii)  analysis of test data; and

             (iii)  the annual removal of residues which are not
                    delisted under Part 260.22 of this chapter and
                    do not exhibit a characteristic of hazardous
                    waste and which do not meet the treatment
                    standards of Part 268 Subpart D of this chapter,
                    or where no treatment standards have been
                    established, the annual removal of residues which
                    do not meet the applicable prohibition levels in
                    Part 268 Subpart C or RCRA Section 3004(d).

     264.73 - OPERATING RECORD

     (b)(10) 0/0 must keep records of quantities (and date of             II
             placement) for each shipment of hazardous waste placed
             in land disposal units under extensions or petitions
             pursuant to Parts 268.5 and 268.6 respectively, and the
             notice required by a generator under Part 268.7(a) (3).

     (b)(ll) 0/0 of an off-site treatment facility must keep a            II
             copy of the notice required by a generator under
             Part 268.7(a)(l).

     (b)(12) 0/0 of an on-site treatment facility must keep       .        II
             information contained in the notice required by a
             generator under Part 268.7(a)(l) except for the
             manifest number.

     (b)(13) O/O of an off-site land disposal facility must keep a        II
             copy of the notice and certification required by 0/0 of
             a treatment facility under Part 268.7(b)(l)  and (2), or a
             copy of the notice and certification required by a
             generator under Part 268.7(a)(2).

     (b)(14) O/O of an on-site land disposal facility must keep a copy    II
             of the notice required by Part 268.7(a) (2) except for the
             manifest number,  or the information contained in the notice
             required by a treater under Part 268.7(b)(l) except for the
             manifest number.

PART 265 TSD INTERIM STATUS STANDARDS

     265.13 - OMIJKAT, WASTE ANALYSIS

     (a)(l)  Before 0/0 treats, stores or disposes of any hazardous        I

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                               - 3 -
265.13 COnt.

        waste he must obtain a detailed chemical and physical
        analysis of a representative sample of waste.  The
        analysis must contain all information needed to treat,
        store or dispose of the waste in accordance with Part 268.

(b)(6)  The facility's waste analysis plan must be amended          II
        to include all testing requirements given in
        40 CFR 268.7.

(b)(7)  The waste analysis plan for exempted surface                II
        impoundments must include:

          (i)  sampling of inpoundment contents;

         (ii)  analysis of test data; and

        (iii)  the annual removal of residues which are not
               delisted under Part 260.22 of this chapter and
               do not exhibit a characteristic of hazardous waste
               and which do not meet the treatment standards of
               Part 268 Subpart D of this chapter, or where no
               treatment standards have been established, the
               annual removal of residues which do not meet the
               applicable prohibition levels in Part 268 Subpart C
               or RCRA Section 3004 (d).

265.73 - OPERATING RECORD

(b)(8)  0/0 must keep records of quantities (and date of            II
        placement) for  each shipment of hazardous waste
        placed in land disposal units under extensions or
        petitions pursuant to Parts 268.5 and 268.6
        respectively, and the notice required by a generator
        under Part 268.7(a)(3).

(b)(9)  O/O of an off-site treatment facility must keep a           II
        copy of the notice required by a generator under
        Part 268.7(a)(l).

(b)(10)  O/O of an on-site treatment facility must keep              II
        information contained in the notice required by a
        generator under Part 268.7(a)(l)  except for the
        manifest number.

(b)(ll)  0/0 of an off-site land disposal facility must keep         II
        a copy of the notice and certification required by
        0/0 of a treatment facility under Part 268.7(b)  or a
        copy of the notice and certification required by a
        generator under Part 268.7(a) (2),.

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 265.73 COnt.

 (b)(12) 0/0 of an on-site land disposal facility must keep          II
        a copy of the information contained in the notice
        required by Part 268.7(a)(2) except for the manifest
        number, or the information contained in the notice
        required by a treater under Part 268.7(b)(2) except
        for the manifest number.


 268.1 - APPLICABILITY

 (a)-(d) Describes the applicability of the land disposal            N/A
        restrictions and exceptions.

 268.2 - DEFINITICftIS

 (a)     Halogenated organic compounds means those compounds         N/A
        having a carbon-halogen bond which are listed under
        Appendix III of this Part.   Land disposal means
        placement in or on land, including but not limited to,
        placement in a landfill, surface impoundment, waste
        pile, injection well, land treatment facility, salt
        dome or bed formation, underground mines or cave, or
        concrete vault or bunker intended for disposal purposes.
        Polychlorinated biphenyls (PCBs) are defined in
        accordance with 40 CFR 761.3.  PCBs are also halogenated
        organic compounds (HOCs).

 (b)     Parts 260.10, 261.2, 261.3, or 270.2 are referenced for     N/A
        further definitions.

268.3 -  DILUnOSf

        Substituting dilution of a restricted waste or              HPV
        residual from treatment of restricted waste for
        adequate treatment in order to either achieve
        compliance with Subpart D,  to circumvent the
        effective date of a prohibition in Subpart C of
        this Part,  or to avoid prohibitions in Subpart C,
        and RCRA Section 3004, is prohibited.

268.4 - TREAHXENT SURFACE IMPQUNCMEIJT EXEMTICN

 (a)     Wastes prohibited from land disposal may be treated
        in a surface impoundment provided that:

        (1)   Treatment occurs in an impoundment;

        (2)   The following conditions are met:

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268.4 cant.
             (i)   Sampling and testing.   For wastes with treatment    I
                  standards in Subpart D of this part and/or
                  prohibition levels in  Subpart C of this part,  the
                  residues from treatment are analyzed,  as specified
                  in Parts 268.7 or 268.32, to determine if they
                  meet the applicable treatment standards or where
                  no treatment standards have been established for
                  the waste, the applicable prohibition levels.

                  The sampling method, specified in the waste
                  analysis plan under parts 264.13 or 265.13 must
                  be designed such that  representative samples of
                  the sludge and supernatant are tested separately
                  rather than mixed to form homogenous samples.

            (ii)   Removal.   The following treatment residues          I
                  (including any liquid  waste) must be removed
                  at least annually:   Residues which are from
                  the treatment of wastes prohibited from land
                  disposal under Subpart C of this part; or
                  residues from managing listed wastes which are
                  not delisted under Parts 260.22 of this chapter.
                  However,  residues which are the subject of a
                  valid certification under Part 268.8 made no
                  later than a year after placement of the wastes
                  in an impoundment are  not required to  be removed
                  annually.

          (iii)    Subsequent management.   Treatment residues may      I
                  not be placed in any other surface impoundment
                  for subsequent management unless the residues
                  are the subject of a valid certification under
                  Part 268.8.

           (iv)    Recordkeeping.   The procedures and schedule        II
                  for sampling of impoundment contents,  analysis
                  of test data, annual removal of residues,  must
                  be specified in the facility's waste analysis
                  plan as required in Parts 264.13 or 265.13 of
                  this chapter.

        (3)  The  impoundment meets the design requirements of          I
            Parts 264.221(c)  or 265.221(a),  and is in compliance
            with applicable ground water monitoring requirements
            of Subpart F of Parts 264 or 265, unless exempt under
            Parts 264.221(d)  or (e),  or 265.221(c)  or (d);
            or unless the U.S. EPA Administrator has granted  a
            waiver or modification;  and

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     268.4 COnt.

             (4)   The 0/0 sutmits to the Regional Administrator a         II
                  written certification that the requirements of
                  Part 268.4(a)(3) have been met, and a waste
                  analysis plan as required under Part 268.4(a)(2).

     (b)     Evaporation of hazardous constituents is not considered      N/A
             to be treatment for purposes of an exemption under this
             section.
268.5 - PROCEDURES FOR CASE-BY-CASE EXTENSIONS TO AN EbYELU'lVE GATE

     (a)-(g)  These sections describe how a person who generates,          N/A
             treats,  stores, or disposes of a hazardous waste may
             submit an application to  the  Administrator for an
             extension to the effective  date  of any applicable
             restriction established under Subpart  C of this Part.

      (h)     Whenever the Administrator  established an extension  to      N/A
             an effective date,  during the period when the extension
             is in effect:

             (l)   The storage restrictions under  Part 268.50(a) do  not
                  apply;  and

             (2)   The hazardous  waste  may  be  disposed in a landfill or
                  surface impoundment  unit only if  such unit is in
                  compliance with the  following requirements (generally
                  referred to as MIR):

                  (i)   The landfill, if  in interim  status, is  in          I
                       compliance  with Subpart F  of Part 265 and Part
                       265.301(a), (c),  and (d);  or

                 (ii)   The landfill, if  permitted,  is in compliance      I
                       with Subpart F  of Part 264 and Part 264.301(c),
                       (d),  and  (e);

                (iii)   The surface impoundment, if  interim status,  is     I
                       in compliance with  Subpart F of Part 265 and
                       Part 265.221(a),  (c),  and  (d); or

                 (iv)   The surface impoundment, if  permitted,  is  in      I
                       compliance  with Subpart F  or Part 264 and
                       Part 264.221(c) (d), and (e); and

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268.5 COnt.

             (v)  The landfill, if disposing of containerized
                  liquid hazardous waste containing PCBs at levels
                  greater than or equal to 50 ppm but less than
                  500 ppm, is also in compliance with 40 CFR 761.75
                  and Parts 264 and 265.

(i)     Pending a decision on his application, an applicant must
        comply with all land disposal restrictions once the
        effective date for the waste has been reached.

                  TTl AT .TQW LAND DISPOSAL

(a)-(n) These sections describe how a person may submit a         N/A
        petition to the Administrator regarding an exemption
        from a prohibition under Subpart C of this Part,
        for the disposal of a restricted waste.

268.7 - WASTE ANALYSIS *

(a)     Except as specified in Part 268.32 or Part 268.43,  a        I
        generator must test his waste or an extract developed
        using the Tbxicity Characteristic Leaching Procedure
        (TCLP, see Appendix I to Part 268), or use knowledge
        of the waste to determine if the waste is restricted
        from land disposal.

        (1)  If a generator determines that he is managing a        I
             restricted waste which does not meet applicable
             treatment standards or complies with prohibitions
             in Part 268.32 or RCRA Section 3004(d), with each
             shipment of waste he must notify in writing the
             treatment or storage facility of the following
             information:  EPA Hazardous Waste Number;
             applicable prohibitions or treatment standards
             set forth in Section 268.32; the manifest number
             associated with each waste shipment; and waste
             analysis data,  where available.

        (2)  If a generator determines that he is managing           I
             a restricted waste which can be land disposed
             without further treatment, with each shipment
             of waste he must submit to the land disposal
             facility the notification information cited
             immediately above in (a) (1),  and a  signed
             certification that the waste meets  and
             complies with all applicable treatment
             standards and prohibitions,   This section
             references  the required certification language.

        *     If any of the notification/certifications required
             by this Part are found to be false,  the violation
             should be classified as HPV.

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268.7 COnt. *

        (3)  If a generator's waste is subject to a case by
             case extension under Part 268.5,  an exemption
             under Part 268.6, or a nationwide variance under
             Subpart C, with each shipment of  waste, he must
             notify the receiving facility his waste is not
             prohibited form land disposal.  The notice must
             include the following:   EPA Hazardous Waste Number;
             corresponding treatment standards and applicable
             prohibitions set forth in Section 268.32 or KCRA
             Section 3004 (d); manifest number  associated with the
             waste shipment; waste analysis data, where available;
             and the date the waste is subject to prohibitions.

        (4)  If a generator determines he  is managing a waste
             that is subject to prohibitions in 268..33(f)  and
             not subject to prohibitions if 268.32, with each
             waste shipment, he must notify the treatment,
             storage, or disposal facility,  in writing,  of any
             applicable prohibitions set forth in 268.33(f).
             The notice must include the following information:
             EPA Hazardous Waste Number; applicable prohibitions
             in 268.33(f); the manifest number associated with
             the waste shipment; and waste analysis data, where
             available.

        (5)  If a generator determines whether his waste is .
             restricted based solely on his knowledge of the
             waste,  all supporting data used in his determination
             must be maintained on-site in the generators  files.
             If a generator determines whether his waste is
             restricted based on testing his waste,  all waste
             analysis data must be maintained  on-site in the
             generators files.

        (6)  Generators must retain on-site a  copy of all notices,
             certifications, demonstrations, waste analysis data,
             and other documentation related to this section for
             5  years.

(b)      Treatment facilities must test their wastes according to
        the frequency specified in their waste analysis plan (WAP)
        as  required  in Parts 264.13  or 265.13.   Such testing must
        be  performed as in (b)(l),  (b)(2)  and  (b)(3) below.

        (1)  Wastes with treatment standards expressed as
             concentrations in the waste extract (Part 268.41),
             the treatment facility  must test  treatment
             residues or extract of  such residues,  using TCLP

        *     If any of the notification/certifications required
             by this  Part  are found  to be  false,  the violation
             should be classified as HPV.

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268.7 COnt.  *
             to assure treatment residues meet applicable
             treatment standards.

        (2)   Wastes that are prohibited under Part 268.32 or
             RCRA Section 3004(d)  but not subject to Subpart D,
             the treatment facility must test treatment residues
             according to testing requirements in Part 268.32.

        (3)   Wastes with treatment standards  expressed as
             concentrations in waste  (Part 268.43),  the treatment
             facility must test  treatment residues (not an
             extract)  to determine that residues  meet
             treatment standards according to frequency
             outlined in WAP.

        (4)   A notice must be sent with each  waste shipment to
             the land disposal facility, which contains the
             following information:   EPA Hazardous Waste Number;
             the corresponding treatment standards and applicable
             prohibitions in Parts 268.32 or  RCRA. Section 3004(d);
             the manifest number associated with  the shipment of
             waste;  and waste analysis  data,  where available.

        (5)   The treatment facility must submit a certification
             with each shipment  of waste or treatment residue to
             the land disposal facility stating that the waste or
             residue has been treated in compliance  with
             Subpart D and applicable prohibitions in
             Part 268.32 or RCRA Section 3004(d).

             (i)   For  wastes with  treatment standards
                  expressed as concentrations in waste
                  extract or waste (Part 268.41 or 268.43),
                  or for wastes  prohibited under Part 268.32;
                  this section references required certi-
                  fication language.

             (ii)  For  wastes with  treatment standards
                  expressed as technologies (Part  268.42), this
                  section references  certification language.

        (6)   If the  waste or treatment  residue will  be further
            managed at a different treatment or storage
             facility,  the.facility sending the waste or residue
            must comply with the notice and  certification
             requirements  applicable  to generators.

        *     If any  of the notification/certifications required
            by this Part are  found to be false, the violation
             should  be classified  as HPV.

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268.7 cont. *

        (7)  For wastes that are subject to prohibitions in          I
             Part 268.33(f) and not subject to prohibitions
             in Part 268.32, with each waste shipment, the
             treatment facility must notify any subsequent
             treatment, storage, or disposal facility, in
             writing, of any applicable prohibition in
             Part 268.33(f).  The notice must include the
             following information: EPA Hazardous Waste Number;
             applicable prohibitions set forth in Part 268.33(f);
             manifest number associated with waste shipment; and
             waste analysis data, where available;

        (8)  Where wastes are recyclable materials used in a         I
             manner constituting disposal subject to 266.20(b) ;
             with each shipment of such wastes, the treatment
             facility (recycler) must submit a certification
             describe in (b)(5) of this section, and in (b)(4)
             of this section (except manifest number) to the
             Regional Administrator.  The recyler must also keep
             records of the name and location of each entity
             receiving the hazardous waste-derived product.

(c)     The Owner or Operator of any land disposal facility
        disposing any waste subject to restrictions under this
        Part must:

        (l)  Have copies of notices and certifications               I
             specified in paragraph (a) or (b) of this section,
             and Part 268.8.

        (2)  Test the waste, or an extract of waste or               I
             treatment residue using TCLP or any methods
             required by generators under Part 268.32.   This
             testing must be performed according to the
             frequency specified in the waste analysis plan.

        (3)  Where the land disposal facility is disposing of        I
             any waste that is subject to Part 268.33(f)
             prohibitions but not subject to prohibitions in
             Part 268.32,  he must ensure that waste has been
             certified according to Part 268.8 prior to
             disposal.

268.8 IANDFILL AND SURFACE IMPQUNOyESlT DISPOSAL RESTRICTIOMS

(a)(l)  - (a)(2)   This section describes "soft hammer"  wastes        N/A
                  and required demonstration,  certifications, and
                  required certification language.

        *     If any of the notification/certifications  required
             by this Part are found to be false,  the violation
             should be classified as HPV.

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268.8 cont.

        (3)  Where the generator has determined and demonstrated     I
             that there is no practically available treatment for
             his waste prior to disposal, with the initial ship-
             ment of waste, the generator must sutmit a copy of
             the demonstration and certification required in
             (a)(2)(i) to the receiving facility.   With subsequent
             waste shipments, only the certification is required
             to be submitted provided that the conditions remain
             unchanged.  The generator must retain on-site the
             demonstration and certification required for each
             waste shipment for 5 years.

        (4)  Where the generator has determined that there is        I
             practically available treatment for this waste prior
             to disposal, with the initial shipment of waste,  the
             generator must submit a copy of the demonstration
             and certification required in paragraph (a)(2)(ii)
             to the receiving facility.  With subsequent waste
             shipments, only the certification is required to
             be submitted provided that the conditions remain
             unchanged.  The generator must retain on-site the
             demonstration and certification required for each
             waste shipment for 5 years.

(b)     After receiving demonstrations & certifications the         N/A
        Regional Administrator may request additional
        information to evaluate the certification.

        (1)  a generator that submits a certification under         I
             this section must iirmediately notify the Regional
             Administrator when any change occurs  in the
             conditions which formed the  basis of  his
             certification.

        (2)  The Regional Administrator may invalidate the          N/A
             certification if some other  method of practically
             available treatment yielding greater  benefits exists.

        (3)  if the Regional Administrator invalidates a certifi-    I
             cation, the generator must immediately cease further
             shipments of the waste, and  inform all facilities
             involved of the invalidation and keep records of  such
             comnunication on-site.

(c)     A  treatment, recovery, or storage facility receiving        I
        wastes  subject to valid certification must keep copies
        of the  generators demonstration and certification.

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     268.8 cant.

             (1)  The treatment or recovery facility must certify         I
                  that he has treated the waste according with the
                  generator's demonstration.  This section references
                  the required certification language.

             (2)  The treatment, recovery, or storage facility must       I
                  send a copy of the generator's demonstration and
                  certification (if applicable) to the receiving
                  facility.

     (d)     The disposal facility must ensure that "soft hammer"         I
             wastes have proper certification prior to disposal in
             a landfill or surface impoundment, and that these units
             meet nunimum technological requirements (MIR) .

     (e)     After the certification is received by the Regional          N/A
             Administrator, and the "soft hammer" waste is treated
             as indicated by the generator, the waste or residual
             may be disposed in a landfill or surface impoundment
             meeting MIR.
SDBPART B - SCHEDULE FOR IAND DISPOSAL PRCHIBITICTJS ANH F
OF TREATMENT
     268.10 - IDETJTIFICATIQN OF WASTES TO BE EVALUATED BY  AUGUST 8.      N/A
     1988.

          This section lists the above-referenced F,  K, P,  and U waste
          codes.

     268.11 - IDENTIFICATION OF WASTES TO EE EVALUATED BY JUNE 8. 1989.

          This section lists the above-referenced F,  K, P and U           N/A
          waste codes.

     268.12 IDEMJFICAnasr WA3IES TO BE EVALUATED BY  MAY 8.  1990.

          This section lists the above-referenced K,  P, U and            N/A
          characteristic wastes.  This section also references
          certain wastewaters residues, leachate, and hazardous
          wastes prohibited from land disposal.

     268.13 SCHFDUT.F. FOR WASTES TnEHTIFIED AFTER NOV.  8f  1984.

          If a "new" hazardous waste is identified, the EPA shall        N/A
          make a land disposal determination within 6 months of  the
          listing.

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SUBPART C " PRnHTRlTIOSIS OST LAND DISPOSAL

     268.30 - WASTE SPECIFIC PRTiHTBITICMS - SOLVENT WASTES

     (a)     Effective November 8, 1986,  spent solvent wastes             HPV
             numbers F001, F002, F003, F004, and F005  are
             prohibited from land disposal (except in
             injection wells); unless the waste is generated
             by a small quantity generator, is generated from
             a CERCLA response action or  RCRA corrective action,
             upon initial generation contains less than 1% total
             F001 - F005 solvent constituents, or is a treatment
             residue meeting conditions described in this section.

     (b)     Effective November 8, 1988,  FOOl - F005 solvent waste         HFV
             listed above are prohibited  from land disposal.

     (c)-(d)  This section describes certain exemptions and                N/A
             extensions to the requirements of sections
             (a)  and (b) above.

     268.31 - WASTE SPECIFIC PRCHIBITICMS - PIGEON WASTE

     (a)-(b)  Except for the exemptions and extensions  describe in these    HPV
             sections, dioxin-containing wastes (F020,  F021,  F022,
             F023,  F026, F027,  and F028) are being prohibited from
             land disposal effective November 8,  1988.

     (c)      Between November 8,  1986,  and November 8,  1988, wastes        HPV
             included under (a) may be disposed of in  a landfill only
             if the facility is in compliance with applicable
             requirements under Parts  268.5(h)(2),  264, and 265.

     (d)      This section describes extensions to (a) and (b) of this     N/A
             part.

     268.32 - WASTE SPECIFIC PRCHEBITiaNlS - CALIFORNIA LIST WASTES

      (a)     Effective July 8,  1987, liquid hazardous wastes that         HPV
             have pH less than or equal to  2.0, contains PCBs at
             concentrations greater than or equal to 50 ppm, or are
             primarily water and  contains HOCs in total concentrations
             greater than or equal to  1,00  mg/1 and less than 10,000
             mg/l,  are prohibited from land disposal, except  in
             injection wells.  The California list also includes liquid
             hazardous wastes containing free cyanide and certain metals.
             However,  U.S.  EPA's  July  8, 1987, promulgation of regulation
             restricting land disposal  of California list wastes did not
             codify prohibition levels  and  treatment standards for the
             cyanide and metal wastes.  Instead, U.S. EPA published on
             July 8,  1987,  a "Notice of Data Availability" and requested

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                               -  14 -
268.32 cont.

        comment on new data to support the lowering of the statutory
        levels for these wastes.  Therefore,  because the U.S.  EPA
        intends to address the California list metal and cyanide
        wastes in a separate final rule,  the  statutory prohibitions
        in RCRA. Section 3004 (d) for these constituents became
        automatically effective.  (See 52 Federal Register 25761).

  (d)   Where wastes are soil or debris contaminated with California  HPV
        list wastes not resulting from a  CERdA action or Subtitle  C
        KORA corrective action, the land  disposal prohibitions apply
        July 8, 1989.  Where wastes are soil  or debris contaminated
        with California list wastes resulting from CERCIA response
        action or Subtitle C KCRA corrective  action,  the land
        disposal prohibitions apply Nov.  8, 1990.

  (e)   Since November 8, 1988, liquid and non-liquid hazardous       HPV
        waste that contain HOCs in total  concentration greater
        than or equal to 1000 mg/1 are prohibited from land
        disposal.

  (f)   Between July 8, 1987, and November 8, 1988, wastes            HPV
        described in section (e) above may be disposed of in
        a landfill or surface impoundment only if facility is  in
        compliance with the requirements  of Part 268.5(h)(2).

  (g)   This section describes exemptions and exceptions to           N/A
        the prohibitions listed under sections (a), (d)  and (e)
        above.

  (h)   Prohibitions and effective dates  specified in paragraphs      N/A
        (a) (3), (d), and (e) of this section  do not apply where
        waste is subject to a Part 268 Subpart C prohibition and
        and effective date for a specified HOC.

  (i)   To determine whether or not a waste is a liquid,  the          I
        Paint Filter Liquids Test (Method 9095)  must  be used.

  (j)   This section requires generators  to use waste analysis        I
        and recordkeeping requirements of Part 268.7.   Further,
        initial generators must test waste (not an extract or
        filtrate),  or use knowledge to determine whether
        wastes are restricted.   Procedures specified  in
        Part 261.22(a)(l)  are to be followed  for testing  of
        pH levels.   Liquid/non-liquid waste exceeding prohibited
        levels for pH, HOCs, and PCBs are restricted  from land
        disposal, except where excepted under sections (g)  and
        (h)  above.

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                               -  15 -
268.33 WASTE SPECIFIC PROHIBI1TCE35 - FIRST THIRD WASTES

   (a)  Effective August 8, 1988, the following wastes                HPV
        are prohibited from land disposal (except in
        injection well):   F006 (nonwastewater), K001,
        K004 (nonwastewater), K008 (nonwastewater),
        K015, K016, K018, K019, K020, K021 (non-
        wastewater), K022 (nonwastewater), K024, K025,
        K030, K036 (nonwastewater), K037, K044, K045,
        nonexplosive K046 (nonwastewater), K047, K060
        (nonwastewater),  K061 (nonwastewaters containing
        less than 15% Zinc), K062, non CaS04 K069
        (nonwastewaters), K083 (nonwastewaters), K086
        (solvent washes), K087, K099, K100, K101, K102,
        K103, and K104.

        (1)   Effective August 8, 1988, until August  7, 1990,  K061    N/A
             wastes containing 15% zinc or greater are prohibited
             from land disposal and must  meet treatment  standards
             specified in 268.41, applicable to K061 wastes that
             contain less than 15% zinc.

   (b)  Effective August  8, 1990, hazardous wastes K048, K049,        N/A
        K050, K051, K052, K061, and K071  are prohibited  from  land
        disposal.

   (c)  Effective August  8, 1990, wastes  specified in  Part  268.10    N/A
        having a treatment standard in Subpart  D based on
        incineration and  which are contaminated soil and debris
        are  prohibited from land disposal.

   (d)  Between November  8, 1988, and August 8, 1990,  wastes          HPV
        included in paragraphs (b)  & (c)  above  may be  landfilled
        in units which meet Part 268.5(h)(2).

   (e)  This section describes some exemptions  to paragraphs          N/A
        (a), (b),  (c),  and (d)  above.

   (f)  Between August 8,  1988, and May 8,  1990,  wastes               HPV
        specified in Part 268.10 for which treatment standards
        are  not applicable, are prohibited from disposal in
        a landfill or surface impoundment unless waste is
        subject of a valid demonstration  pursuant to Part 268.8.
        This section also refers to exceptions  to this
        paragraph.

   (g)  To determine whether a hazardous  waste  found at Part          I
        268.10 exceeds applicable treatment standards
        in Parts 268.41 and 268.43,  the initial

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                                   - 16 -
             generator must test a representative sample of
             waste extract or entire waste depending on
             whether the treatment standards are expressed as
             concentrations in extract or waste.   If waste
             contains constituents in excess of applicable
             Subpart D levels, the waste is prohibited from
             land disposal.
SUBPART D - TRKATMFTjr STANCMRDS

     268.40 APPLTCABIT.TTY

        (a)  A restricted waste identified in Part 268.41 may be land     HPV
             disposed only if an extract of waste or treatment
             residue using the test method in Appendix I does not
             exceed values shown in Table CCWE of Part 268.41 for any
             hazardous constituent listed in  Table CCWE for that
             waste.

        (b)  A restricted hazardous waste for which a treatment            HPV
             Technology is specified under Part  268.42(a) may be
             land disposed after it is treated using that specified
             technology or an equivalent method  approved by the
             Administrator under the procedures  of Part 268.42(b).

        (c)  A restricted waste identified in Part 268.43 may be          HPV
             land disposed if the constituent concentrations  in
             the waste or treatment residue do not exceed the
             value shown in Table CCW  of Part 268.43 for any
             hazardous constituent listed in  Table CCW for that
             waste.

     268.41 - TREATMENT STAtOVRDS

        (a)  Table CCWE identifies restricted wastes and the             HPV
             concentrations of their associated hazardous
             constituents which may not be exceeded by an extract
             of a waste or treatment residue  for allowable land
             disposal.

        (b)  When wastes with differing treatment  standards              HPV
             for a constituent of concern are combined for
             purposes of treatment,  the treatment  residue must
             meet the lowest  treatment standard for the constituent
             of concern.

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                               - 17  -
 (a)(l)  Liquid hazardous wastes containing PCBs at concentra-        HPV
        tions greater than or equal to 50 ppn but less than
        500 ppn must be incinerated in accordance with the
        technical requirements of 40 CFR 761.70 or burned in
        high efficiency boilers in accordance with the technical
        requirements of 40 CFR 761.60.  Liquid hazardous wastes
        containing PCBs at concentrations greater than or equal to
        500 ppn must be incinerated in accordance with the
        technical requirements of 40 CFR 716.70.  Thermal
        treatment under this section must also be in compliance
        with applicable regulations in Parts 264, 265, and 266.

    (2)  Non-liquid hazardous wastes containing HOC's in total        HPV
        concentration greater than or equal to 1000 mg/Tcg and
        liquid HOC containing wastes that are prohibited under
        Part 268.32(e)(l) must be incinerated in accordance with
        requirements of Part 264, Subpart 0 or Part 265,
        Subpart 0, or in boilers or industrial furnaces
        burning in accordance with applicable standards.
        These treatment standards do not apply where the waste
        is subject to Part 268, Subpart C treatment standards
        for a specific HOC.

  (b)   Any person may submit an application to the Administrator    N/A
        demonstrating that an alternative treatment method can
        achieve a measure of performance equivalent to that
        achievable by methods specified in section (a) above-
        provided they follow the criteria listed in this section.
        Any approval must be stated in writing and may contain
        such provisions and conditions as the Administrator deems
        appropriate.  The person to whom such approval is issued
        must comply with all limitations contained in such a
        determination.

268.43 TREATMFTfT RTANE&RDS EKPPF-SgKn AS WASTE CXM^TTTRATIQNS

  (a)   Table CCW identifies the restricted wastes and the           HPV
        concentrations of their associated hazardous constituents
        which may not be exceeded by the waste or treatment
        residue for allowable land disposal.

  (b)   When wastes with differing treatment standards for a         HPV
        constituent of concern are combined for purpose of
        treatment, the treatment residue must meet the lowest
        treatment standard for the constituent of concern.

268.44 - VARIANCE FROM A TREATMENT STANERRD

  (a)   A generator or treatment facility may petition the           N/A

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                                - 18 -
  268.44 cent.

          Administrator for a variance  from the treatment standard
          where the waste cannot meet the treatment standard.

    (b)   Each petition must be signed  in accordance with the          II
          procedures in Part 260.20.

    (c)   Each petition must include a  certification statement         II
          signed by the petitioner or an authorized representative.

(d)-(e)   EPA processing procedures.                                   N/A

    (f)   A generator,  treatment, or disposal facility that            I
          is managing a waste covered by a variance from the
          treatment standards must comply with the waste
          analysis  requirements for restricted wastes found
          under Part 268.7.

    (g)   During the petition review process an applicant must         HPV
          comply with all restrictions  on land disposal under
          this  Part once the effective  date for the waste has
          been  reached.

    (h)   Where the treatment standard  is expressed as a               N/A
          concentration in a waste or waste extract, and a waste
          generated cannot be treated to the specified level, the
          generator or  treatment facility may apply for a site-.
          specific  variance.

    (i)   Each  application for a site-specific variance from a         II
          treatment standard must include the information in
          Part  260.20(b)(l)-(4).

    (j)   After receiving an application for a site-specific           N/A
          variance,  the Assistant Administrator may request
          additional information or samples.

    (k)   A generator, treatment, or disposal facility that is         I
          managing  a waste covered by a site-specific variance
          must  comply with the waste analysis requirements for
          restricted wastes  found under Part 268.7.

    (1)    During the application review process, the applicant for     HPV
          site-specific variance must comply with all restrictions
          on  land disposal under this part once the effective date
          for the waste has been reached.

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                                   - 19 -



SUBPART E - PRCHTBITION CM STORAGE OF RESTRICTED MASTE

     268.50 - STORAGE PROHIBITIONS

     (a)(l)  A generator nay store hazardous waste  in  tanks and           I
             containers on-site solely  for the purpose of the
             accumulation of such quantities of  restricted waste.
             as necessary to facilitate proper recovery, treatment,
             or disposal if the generator complies with. Part 262.34.
             A generator must attain  interim status if he stores
             restricted waste greater than 90 days.

        (2)  An 0/0 of a hazardous waste treatment, storage, or
             disposal facility may store hazardous waste in tanks and
             containers as necessary to facilitate proper recovery,
             treatment,  or disposal provided that:       :

             (i)  Each container is clearly marked to  identify             I *
                 its contents and the date each period of
                 accumulation begins.

            (ii)  Each tank is clearly marked with a description           I *
                 of  its contents, quantity of hazardous waste
                 received,  and the date when each, period of
                 accumulation begins, or such information for
                 each tank is recorded and maintained in the
                 operating record at the facility.   Regardless
                 of whether the tank is marked, the O/O must
                 comply with the operating record requirements
                 specified in Parts 264.73 or 265.73.

        (3)  A transporter who stores manifested waste'shipments of        I
            restricted hazardous waste at a transfer facility may
            do so only  for 10 days or less.

   (b)   An O/O of a treatment, storage and disposal facility may         I
         store restricted hazardous waste for up to one year unless
         U.S. EPA can demonstrate that such storage was not solely
         for the purposes of accumulating such quantities of waste
         as are necessary to facilitate proper  recovery, treatment,
         or disposal.

   (c)   An 0/0 of a treatment, storage or disposal facility may store    I
         restricted hazardous waste beyond one  year, but the 0/0 bears
         the" burden of proving  that storage was solely for  the purpose
         of accumulating such quantities as are necessary to facilitate
         proper recovery, treatment or  disposal.

   (d)   Hie prohibition under  section  (a) above does  not apply to        N/A
         wastes which are subject of  an approved petition under

    *    Class II if the required information is in the pperting  record.

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                                    - 20 -
     268.50 COnt.

          Part 268.6 or a nationwide variance contained in Subpart C
          of this part or an approved case-by-case extent ion under
          Part 268.5, or a valid certification under Part 268.8.

     (e)  The prohibition under section (a) above does not apply, to        N/A
          hazardous wastes that meet the treatment standards specified
          under Parts 268.41, 268.42 and 268.43, or the treatment
          standards specified under the variance in Part 268.44, or,
          where treatment standards have not been specified, is in
          compliance with the applicable prohibitions specified in
          Part 268.32 or RCRA Section 3004.

     (f)  Liquid hazardous wastes containing FCBs at concentrations       N/A
          greater than or equal to 50 ppni must be stored at a facility
          that meets the requirements of 40 CFR 761.65 (b) and must be
          removed from storage and treated or disposed as required by
          this part within one year of the date when such wastes are
          first placed into storage.  Ihe provisions of section (c)
          above do not apply to such PCB wastes prohibited under
          Part 268.32.
APPKNDIX I TO PART 268 - TOKICITY CHftRACi'liKISTtC I.TTAtynXIG PRQO'JIURE
(TCLP)

     The TCLP is designed to determine the mobility of both organic       N/A
     and inorganic contaminants present in liquids, solid, and
     multiphase wastes.  This appendix details the lab methods for
     the TCLP.

PART 270 - HAZARDOUS WASTE PERMIT
     (b)(21) For land disposal facilities, if a case-by-case              II
             extension has been approved, or a petition has been
             approved, a copy of the notice of approval for the
             extension or the petition is required.

     270.42 - MHSDR l^DIFICATICUS TO PERMITS

          A permit may be notified without the following procedures of
          Part 124 for the following:

     (o)  Treatment of hazardous waste not previously specified in        II
          the permit will be allowed only if:

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                              - 21 -
270.42 COnt.

     (1)   The hazardous waste has been prohibited from one or
          more methods of land disposal under Part 268 Subpart C
          or RCRA Section 3004;

     (2)   Treatment is in accordance with Part  268.4
          (if applicable), Part 268.3;  and          '

           (i)   Treatment is in accordance with applicable
                standards established under Parts 268.41,
                268.42 or 268.44; or

          (ii)   Where no treatment standards  have been
                established, treatment  renders  the waste no
                longer subject to the applicable  prohibitions
                set forth in Part 268.32  or RCRA.  Section 3004.

     (3)   Handling and treatment of  restricted  waste will  not
          present substantially different risks from those of
          wastes listed in the permit.

     (4)   Federal or state approval  of  a  minor  permit  modification
          request is approved.   No permit changes can  occur except
          for the addition of new waste codes and administrative
          and technical changes necessary to  handle the new wastes.

(p)   Permitted facilities are allowed to  change their  operations
     to treat or store hazardous waste  subject  to the  land
     disposal restrictions imposed by Part 268  or RCRA Section
     3004  provided such treatment or storage  occurs in
     containers or tanks and the permittee:

     (l)   Requests a major permit modification  pursuant to
          Parts 124.5 and 270.41;

     (2)   Demonstrates in the major  permit modification
          request that the treatment or storage is necessary
          to  comply with the land disposal restrictions of
          Part  268 or RCRA Section 3004;  and

     (3)   Ensures that the treatment or storage units  comply
          with  the applicable Parts  265 and 268 standards
          pending final Administrative  disposition of  the major
          modification request.  The authorization to make such
          changes terminates upon final disposition of the
          permittee's major modification  request.

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                                   - 22 -
270.72 - qwpf.q nrnRUro INTERIM STATUS

     (e)  In no event shall changes be made to a HWM facility             I
          during interim status which amount to reconstruction
          of the facility.   Reconstruction occurs when the capital
          investment in the changes to facility exceeds  fifty
          percent of the capital costs of a comparable entirely new
          HWVI facility.   Changes prohibited under this paragraph do not
          include changes to treat or store in containers  or  tanks,
          hazardous  wastes  subject to land disposal restrictions imposed
          by Part 268 or RCRA. Section 3004,  provided changes  are made
          solely for the purpose of complying with  Part  268 or Section 3004.

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