(a) Hazardous wastes restricted from land disposal:

1. (1) hazardous wastes listed or identified in this Part or Part 371 of this Title; and

2. (2) wastes identified as hazardous based on characteristic alone (i.e., corrosivity, reactivity, ignitability, and toxicity characteristic leaching procedure [TLCP]).

   (b) Newly identified or listed hazardous wastes.

3. (1) In the case of any hazardous waste identified or listed after the promulgation of these regulations, the commissioner shall make a land disposal prohibition determination within six months after the date of identification or listing.

   (c) Surface impoundment exemptions.

4. (1) This subdivision defines additional circumstances under which an otherwise prohibited waste may continue to be placed in a surface impoundment.
5. (2) Wastes which are newly identified or listed after November 8, 1984, and stored in a surface impoundment that is newly subject to article 27, title 9 of the ECL as a result of the additional identification or listing, may continue to be stored in the surface impoundment for 48 months after the promulgation of the additional listing or characteristic, not withstanding that the waste is otherwise prohibited from land disposal, provided that the surface impoundment is in compliance with the requirements of section 373-2.6 of this Title within 12 months after promulgation of the new listing or characteristic.
6. (3) Wastes which are newly identified or listed after November 8, 1984, and treated in a surface impoundment that is newly subject to article 27, title 9 of the ECL as a result of the additional identification or listing, may continue to be treated in that surface impoundment, notwithstanding that the waste is otherwise prohibited from land disposal, provided that the surface impoundment is in compliance with the requirements of section 373-2.6 of this Title within 12 months after the promulgation of the new listing or characteristic. In addition, if the surface impoundment continues to treat hazardous waste after 48 months from the promulgation of the additional listing or characteristic, it must then be in compliance with section 376.1(d) of this Part.
7. (4) For the purposes of implementing this subdivision, 12- and 48-month periods specified will run concurrently with EPA established schedules, from the date of the initial promulgation of listings or characteristics by the EPA.