40 CFR Part 268

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

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(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

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§268.42 Table 2. -- Technology-Based Standards by RCRA Waste Code
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§268.42 Table 3. -- Technology-based Standards for Specific Radioactive Hazardous Mixed Waste

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(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

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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)

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(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)

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