Subpart D -- Treatment
Standards
§268.40 Applicability of treatment standards.
(a) A restricted waste identified in §268.41 may be land
disposed only if an extract of the waste or of the treatment
residue of the waste developed using the test method in appendix
II of Part 261 does not exceed the value shown in Table CCWE of
§268.41 for any hazardous constituent listed in Table CCWE for
that waste, with the following exceptions: D004, D008, K031,
K084, K101, K102, P010, P011, P012, P036, P038, and U136. These
wastes may be land disposed only if an extract of the waste or of
the treatment residue of the waste developed using either the
test method in 40 CFR Part 261, appendix II, or the test method
in appendix IX of this part, does not exceed the concentrations
shown in Table CCWE of §268.41 for any hazardous constituent
listed in Table CCWE for that waste.
(b) A restricted waste for which a treatment technology is
specified under §268.42(a) may be land disposed after it is
treated using that specified technology or an equivalent
treatment method approved by the Administrator under the
procedures set forth in §268.42(b).
(c) Except as otherwise specified in §268.43(c), a restricted
waste identified in §268.43 may be land disposed only if the
constituent concentrations in the waste or treatment residue of
the waste do not exceed the value shown in Table CCW of §268.43
for any hazardous constituents listed in Table CCW for that
waste.
(52 FR 25790, July 8, 1987, as amended at 55 FR 22689, June 1,
1990; 56 FR 3879, Jan. 31, 1991)
§268.41 Treatment standards expressed as concentrations in waste
extract.
(a) Table CCWE identifies the restricted wastes and the
concentrations of their associated constituents which may not be
exceeded by the extract of a waste or waste treatment residual
developed using the test method in Appendix I of this part of the
allowable land disposal of such wastes, with the exception of
wastes D004, D008, D031, K084, K101, K102, P010, P011, P012,
P036, and U136 and the concentrations of their associated
constituents which may not be exceeded by the extract of a waste
or waste treatment residual developed using the test methods in
appendix II of 40 CFR Part 261 for the allowable land disposal of
such wastes. (Appendix II of this part provides Agency guidance
on treatment methods that have been shown to achieve the Table
CCWE levels for the respective wastes. Appendix II of this part
is not a regulatory requirement but is provided to assist
generators and owners/operators in their selection of appropriate
treatment methods.) Compliance with these concentrations is
required based upon grab samples, unless otherwise noted in the
following Table CCW.
§268.41 Table CCWE. -- Constituent Concentrations in Waste
Extract
TABLE/GRAPH OMITTED
(b) When wastes with differing treatment standards 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, except that mixtures of high and low
zinc nonwastewater K061 are subject to the treatment standard for
high zinc K061.
(51 FR 40642, Nov. 7, 1986; 52 FR 21017, June 4, 1987, as amended
at 55 FR 22689, June 1, 1990; 56 FR 3879, Jan. 31, 1991; 56 FR
41177, Aug. 19, 1991; 57 FR 8089, Mar. 6, 1992)
§268.42 Treatment standards expressed as specified technologies.
(a) The following wastes in paragraphs (a)(1) and (a)(2) of this
section and in Table 2 and Table 3 of this section must be
treated using the technology or technologies specified in
paragraphs (a)(1) and (a)(2) and Table 1 of this section.
(1) Liquid hazardous wastes containing polychlorinated biphenyls
(PCBs) at concentrations greater than or equal to 50 ppm but less
than 500 ppm 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 polychlorinated
biphenyls (PCBs) at concentrations greater than or equal to 500
ppm must be incinerated in with the technical requirements of 40
CFR §761.70. Thermal treatment under this section must also be
in compliance with applicable regulations in Parts 264, 265, and
266.
(2) Nonliquid hazardous wastes containing halogenated organic
compounds (HOCs) in total concentration greater than or equal to
1,000 mg/kg and liquid HOC-containing wastes that are prohibited
under §268.32(e)(1) of this part must be incinerated in
accordance with the requirements of 40 CFR Part 264, subpart O,
or 40 CFR Part 265, subpart O. These treatment standards do not
apply where the waste is subject to a Part 268, subpart D,
treatment standard for a specific HOC (such as a hazardous waste
chlorinated solvent for which a treatment standard is established
under §268.41(a)).
(3) A mixture consisting of wastewater, the discharge of which is
subject to regulation under either section 402 or section 307(b)
of the Clean Water Act, and de minimis losses of materials from
manufacturing operations in which these materials are used as raw
materials or are produced as products in the manufacturing
process, and that meet the criteria of the D001 ignitable liquids
containing greater than 10% total organic constituents (TOC)
subcategory, is subject to the DEACT treatment standard described
in Table 1 of this section. For purposes of this paragraph, de
minimis losses include those from normal material handling
operations (e.g., spills from the unloading or transfer of
materials from bins or other containers, leaks from pipes, valves
or other devices used to transfer materials); minor leaks from
process equipment, storage tanks, or containers; leaks from
well-maintained pump packings and seals; sample purgings; and
relief device discharges.
Table 1. -- Technology Codes and Description of Technology-Based
Standards
TABLE/GRAPH OMITTED
§268.42 Table 2. -- Technology-Based Standards by RCRA Waste
Code
TABLE/GRAPH OMITTED
§268.42 Table 3. -- Technology-based Standards for Specific
Radioactive Hazardous Mixed Waste
TABLE/GRAPH OMITTED
(b) Any person may submit an application to the Administrator
demonstrating that an alternative treatment method can achieve a
measure of performance equivalent to that achievable by methods
specified in paragraphs (a), (c), and (d) of this section. The
applicant must submit information demonstrating that his
treatment method is in compliance with federal, state, and local
requirements and is protective of human health and the
environment. On the basis of such information and any other
available information, the Administrator may approve the use of
the alternative treatment method if he finds that the alternative
treatment method provides a measure of performance equivalent to
that achieved by methods specified in paragraphs (a), (c), and
(d) of 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.
(c) As an alternative to the otherwise applicable subpart D
treatment standards, lab packs are eligible for land disposal
provided the following requirements are met:
(1) The lab packs comply with the applicable provisions of 40 CFR
§264.316 and 40 CFR §265.316;
(2) All hazardous wastes contained in such lab packs are
specified in appendix IV or appendix V to Part 268;
(3) The lab packs are incinerated in accordance with the
requirements of 40 CFR Part 264, subpart O or 40 CFR Part 265,
subpart O; and
(4) Any incinerator residues from lab packs containing D004,
D005, D006, D007, D008, D010, and D011 are treated in compliance
with the applicable treatment standards specified for such wastes
in subpart D of this part.
(d) Radioactive hazardous mixed wastes with treatment standards
specified in Table 3 of this section are not subject to any
treatment standards specified in §268.41, §268.43, or Table 2
of this section. Radioactive hazardous mixed wastes not subject
to treatment standards in Table 3 of this section remain subject
to all applicable treatment standards specified in §§268.41,
268.43, and Table 2 of this section.
(51 FR 40642, Nov. 7, 1986, as amended at 52 FR 25790, July 8,
1987; 55 FR 22692, June 1, 1990; 56 FR 3884, Jan. 31, 1991; 57 FR
8089, Mar. 6, 1992)
§268.43 Treatment standards expressed as waste concentrations.
(a) Table CCW identifies the restricted wastes and the
concentrations of their associated hazardous constituents which
may not be exceeded by the waste or treatment residual (not an
extract of such waste or residual) for the allowable land
disposal of such waste or residual. Compliance with these
concentrations is required based upon grab samples, unless
otherwise noted in the following Table CCW.
§268.43 Table CCW. -- Constituent Concentrations in Wastes
TABLE/GRAPH OMITTED
No Land Disposal for:
K005 Nonwastewaters generated by the process described in the
waste listing description, and disposed after June 8, 1989, and
not generated in the course of treating wastewater forms of these
wastes. (Based on No Generation)
K007 Nonwastewaters generated by the process described in the
waste listing description, and disposed after June 8, 1989, and
not generated in the course of treating wastewater forms of these
wastes. (Based on No Generation)
K021 Nonwastewater forms of these wastes generated by the process
described in the waste listing description and disposed after
August 17, 1988, and not generated in the course of treating
wastewater forms these wastes (Based on No Generation)
K025 Nonwastewater forms of these wastes generated by the process
described in the waste listing description and disposed after
August 17, 1988, and not generated in the course of treating
wastewater forms of these wastes (Based on No Generation)
K036 Nonwastewater forms of these wastes generated by the process
described in the waste listing description and disposed after
August 17, 1988, and not generated in the course of treating
wastewater forms of these wastes (Based on No Generation)
K044 (Based on Reactivity)
K045 (Based on Reactivity)
K047 (Based on Reactivity)
K060 Nonwastewater forms of these wastes generated by the process
described in the waste listing description and disposed after
August 17, 1988, and not generated in the course of treating
wastewater forms of these wastes (Based on No Generation)
K061 Nonwastewaters -- High Zinc Subcategory (greater than or
equal to 15% total zinc) (Based on Recycling): effective 8/8/90
K069 Non-Calcium Sulfate Subcategory -- Nonwastewater forms of
these wastes generated by the process described in the waste
listing description and disposed after August 17, 1988, and not
generated in the course of treating wastewater forms of these
wastes (Based on Recycling)
K100 Nonwastewater forms of those wastes generated by the process
described in the waste listing description and disposed after
August 17, 1988, and not generated in the course of treating
wastewater forms of these wastes (Based on No Generation)
(b) When wastes with differing treatment standards 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.
(c) Notwithstanding the prohibitions specified in paragraph (a)
of this section, treatment and disposal facilities may
demonstrate (and certify pursuant to 268.7(b)(5)) compliance with
the treatment standards for organic constituents specified by a
footnote in Table CCW in this section, provided the following
conditions are satisfied:
(1) The treatment standards for the organic constituents were
established based on incineration in units operated in accordance
with the technical requirements of 40 CFR Part 264, subpart O, or
Part 265, subpart O, or based on combustion in fuel substitution
units operating in accordance with applicable technical
requirements;
(2) The treatment or disposal facility has used the methods
referenced in paragraph (c)(1) of this section to treat the
organic constituents; and
(3) The treatment or disposal facility has been unable to detect
the organic constituents despite using its best good-faith
efforts as defined by applicable Agency guidance or standards.
Until such guidance or standards are developed, the treatment or
disposal facility may demonstrate such good-faith efforts by
achieving detection limits for the regulated organic constituents
that do not exceed an order of magnitude of the treatment
standards specified in this section.
(53 FR 31218, Aug. 17, 1988, as amended at 54 FR 26649, June 23,
1989; 55 FR 22701, June 1, 1990; 56 FR 3892, Jan. 31, 1991)
§268.44 Variance from a treatment standard.
(a) Where the treatment standard is expressed as a concentration
in a waste or waste extract and a waste cannot be treated to the
specified level, or where the treatment technology is not
appropriate to the waste, the generator or treatment facility may
petition the Administrator for a variance from the treatment
standard. The petitioner must demonstrate that because the
physical or chemical properties of the waste differs
significantly from wastes analyzed in developing the treatment
standard, the waste cannot be treated to specified levels or by
the specified methods.
(b) Each petition must be submitted in accordance with the
procedures in §260.20.
(c) Each petition must include the following statement signed by
the petitioner or an authorized representative:
I certify under penalty of law that I have personally examined
and am familiar with the information submitted in this petition
and all attached documents, and that, based on my inquiry of
those individuals immediately responsible for obtaining the
information, I believe that the submitted information is true,
accurate, and complete. I am aware that these are significant
penalties for submitting false information, including the
possibility of fine and imprisonment.
(d) After receiving a petition for variance from a treatment
standard, the Administrator may request any additional
information or samples which he may require to evaluate the
petition. Additional copies of the complete petition may be
requested as needed to send to affected states and Regional
Offices.
(e) The Administrator will give public notice in the Federal
Register of the intent to approve or deny a petition and provide
an opportunity for public comment. The final decision on a
variance from a treatment standard will be published in the
Federal Register.
(f) A generator, treatment facility, or disposal facility that is
managing a waste covered by a variance from the treatment
standards must comply with the waste analysis requirements for
restricted wastes found under §268.7.
(g) During the petition review process, the applicant is required
to 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 concentration
in a waste or waste extract and a waste generated under
conditions specific to only one site cannot be treated to the
specified level, or where the treatment technology is not
appropriate to the waste, the generator or treatment facility may
apply to the Administrator, or his delegated representative, for
a site-specific variance from a treatment standard. The applicant
for a site-specific variance must demonstrate that because the
physical or chemical properties of the waste differs
significantly from the waste analyzed in developing the treatment
standard, the waste cannot be treated to specified levels or by
the specified methods.
(i) Each application for a site-specific variance from a
treatment standard must include the information in
§260.20(b)(1)-(4);
(j) After receiving an application for a site-specific variance
from a treatment standard, the Assistant Administrator, or his
delegated representative, may request any additional information
or samples which may be required to evaluate the application.
(k) A generator, treatment facility, or disposal facility that is
managing a waste covered by a site-specific variance from a
treatment standard must comply with the waste analysis
requirements for restricted wastes found under §268.7.
(l) During the application review process, the applicant for a
site-specific variance must comply with all restrictions on land
disposal under this part once the effective date for the waste
has been reached.
(m) -- (n) (Reserved)
(o) The following facilities are excluded from the treatment
standard under §268.43(a), Table CCW, and are subject to the
following constituent concentrations:
Table -- Wastes Excluded From the Treatment Standards Under
§268.43(a)
TABLE/GRAPH OMITTED
(51 FR 40642, Nov. 7, 1986; 52 FR 21017, June 4, 1987, as amended
at 53 FR 31221, Aug. 17, 1988; 54 FR 36972, Sept. 6, 1989; 56 FR
12355, Mar. 25, 1991)