40 CFR
PART 268 -- LAND DISPOSAL RESTRICTIONS
Subpart A -- General
Sec.
268.1 Purpose, scope, and applicability.
268.2 Definitions applicable in this part.
268.3 Dilution prohibited as a substitute for treatment.
268.4 Treatment surface impoundment exemption.
268.5 Procedures for case-by-case extensions to an effective
date.
268.6 Petitions to allow land disposal of a waste prohibited
under C of Part 268.
268.7 Waste analysis and recordkeeping.
268.8 Landfill and surface impoundment disposal restrictions.
268.9 Special rules regarding wastes that exhibit a
characteristic.
Subpart B -- Schedule for Land Disposal Prohibition and
Establishment of Treatment Standards
268.10 Identification of wastes to be evaluated by August 8,
1988.
268.11 Identification of wastes to be evaluated by June 8, 1989.
268.12 Identification of wastes to be evaluated by May 8, 1990.
268.13 Schedule for wastes identified or listed after November 8,
1984.
Subpart C -- Prohibitions on Land Disposal
268.30 Waste specific prohibitions -- Solvent wastes.
268.31 Waste specific prohibitions -- Dioxin-containing wastes.
268.32 Waste specific prohibitions -- California list wastes.
268.33 Waste specific prohibitions -- First third wastes.
268.34 Waste specific prohibitions -- Second third wastes.
268.35 Waste specific prohibitions -- Third third wastes.
Subpart D -- Treatment Standards
268.40 Applicability of treatment standards.
268.41 Treatment standards expressed as concentrations in waste
extract.
268.42 Treatment standards expressed as specified technologies.
268.43 Treatment standards expressed as waste concentrations.
(Reserved)
268.44 Variance from a treatment standard.
Subpart E -- Prohibitions on storage
268.50 Prohibitions on storage of restricted wastes.
Appendix I -- Toxicity Characteristic Leaching Procedure (TCLP)
(Note)
Appendix II -- Treatment Standards (As Concentrations in the
Treatment Residual Extract)
Appendix III -- List of Halogenated Organic Compounds Regulated
Under 268.32
Appendix IV -- Organometallic Lab Packs
Appendix V -- Organic Lab Packs
Appendix VI -- Recommended Technologies to Achieve Deactivation
of Characteristics in Section 268.42
Appendix VII -- Effective Dates of Surface Disposed Wastes
Regulated in the LDRs
Appendix VIII -- National Capacity LDR Variances for UIC Wastes
Comprehensive List
Subpart A -- General
§268.1 Purpose, scope and applicability.
(a) This part identifies hazardous wastes that are restricted
from land disposal and defines those limited circumstances under
which an otherwise prohibited waste may continue to be land
disposed.
(b) Except as specifically provided otherwise in this part or
Part 261 of this chapter, the requirements of this part apply to
persons who generate or transport hazardous waste and owners and
operators of hazardous waste treatment, storage, and disposal
facilities.
(c) Restricted wastes may continue to be land disposed as
follows:
(1) Where persons have been granted an extension to the effective
date of a prohibition under subpart C of this part or pursuant to
§268.5, with respect to those wastes covered by the extension;
(2) Where persons have been granted an exemption from a
prohibition pursuant to a petition under §268.6, with respect to
those wastes and units covered by the petition;
(3) Wastes that are hazardous only because they exhibit a
hazardous characteristic, and which are otherwise prohibited from
land disposal under this part, are not prohibited from land
disposal if the
(i) Are disposed into a nonhazardous or hazardous injection well
as defined in 40 CFR §144.6(a); and
(ii) Do not exhibit any prohibited characteristic of hazardous
waste at the point of injection.
(d) The requirements of this part shall not affect the
availability of a waiver under section 121(d)(4) of the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERCLA).
(e) The following hazardous wastes are not subject to any
provision of Part 268:
(1) Waste generated by small quantity generators of less than 100
kilograms of non-acute hazardous waste or less than 1 kilogram of
acute hazardous waste per month, as defined in §261.5 of this
chapter;
(2) Waste pesticides that a farmer disposes of pursuant to
§262.70;
(3) Wastes identified or listed as hazardous after November 8,
1984 for which EPA has not promulgated land disposal prohibitions
or treatment standards.
(51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended
at 53 FR 27165, July 19, 1988; 53 FR 31212, Aug. 17, 1988; 54 FR
36970, Sept. 6, 1989; 55 FR 22686, June 1, 1990)
§268.2 Definitions applicable in this part.
When used in this part the following terms have the meanings
given below:
(a) Halogenated organic compounds or HOCs means those compounds
having a carbon-halogen bond which are listed under appendix III
to this part.
(b) Hazardous constituent or constituents means those
constituents listed in appendix VIII to Part 261 of this chapter.
(c) Land disposal means placement in or on the land and includes,
but is not limited to, placement in a landfill, surface
impoundment, waste pile, injection well, land treatment facility,
salt dome formation, salt bed formation, underground mine or
cave, or placement in a concrete vault or bunker intended for
disposal purposes.
(d) Nonwastewaters are wastes that do not meet the criteria for
wastewaters in paragraph (f) of this section.
(e) Polychlorinated biphenyls or PCBs are halogenated organic
compounds defined in accordance with 40 CFR §761.3.
(f) Wastewaters are wastes that contain less than 1% by weight
total organic carbon (TOC) and less than 1% by weight total
suspended solids (TSS), with the following exceptions:
(1) F001, F002, F003, F004, F005, wastewaters are solvent-water
mixtures that contain less than 1% by weight TOC or less than 1%
by weight total F001, F002, F003, F004, F005 solvent constituents
listed in §268.41, Table CCWE.
(2) K011, K013, K014 wastewaters contain less than 5% by weight
TOC and less than 1% by weight TSS, as generated.
(3) K103 and K104 wastewaters contain less than 4% by weight TOC
and less than 1% by weight TSS.
(g) Inorganic Solid Debris means nonfriable inorganic solids
contaminated with D004-D011 hazardous wastes that are incapable
of passing through a 9.5 mm standard sieve; and that require
cutting, or crushing and grinding in mechanical sizing equipment
prior to stabilization; and, are limited to the following
inorganic or metal materials:
(1) Metal slags (either dross or scoria);
(2) Glassified slag;
(3) Glass;
(4) Concrete (excluding cementitious or pozzolanic stabilized
hazardous wastes);
(5) Masonry and refractory bricks;
(6) Metal cans, containers, drums, or tanks;
(7) Metal nuts, bolts, pipes, pumps, valves, appliances, or
industrial equipment;
(8) Scrap metal as defined in 40 CFR §261.1(c)(6).
(55 FR 22686, June 1, 1990, as amended at 56 FR 3877, Jan. 31,
1991)
§268.3 Dilution prohibited as a substitute for treatment.
(a) Except as provided in paragraph (b) of this section, no
generator, transporter, handler, or owner or operator of a
treatment, storage, or disposal facility shall in any way dilute
a restricted waste or the residual from treatment of a restricted
waste as a substitute for adequate treatment to achieve
compliance with subpart D of this part, to circumvent the
effective date of a prohibition in subpart C of this part, to
otherwise avoid a prohibition in subpart C of this part, or to
circumvent a land disposal prohibition imposed by RCRA section
3004.
(b) Dilution of wastes that are hazardous only because they
exhibit a characteristic in a treatment system which treats
wastes subsequently discharged to a water of the United States
pursuant to a permit issued under section 402 of the Clean Water
Act (CWA) or which treats wastes for the purposes of pretreatment
requirements under section 307 of the CWA is not impermissible
dilution for purposes of this section unless a method has been
specified as the treatment standard in §268.42, or unless the
waste is a D003 reactive cyanide wastewater or nonwastewater.
(55 FR 22686, June 1, 1990, as amended at 57 FR 8089, Mar. 6,
1992)
§268.4 Treatment surface impoundment exemption.
(a) Wastes which are otherwise prohibited from land disposal
under this part may be treated in a surface impoundment or series
of impoundments provided that:
(1) Treatment of such wastes occurs in the impoundments;
(2) The following conditions are met:
(i) Sampling and testing. For wastes with treatment standards in
subpart D of this part and/or prohibition levels in subpart C of
this part or RCRA section 3004(d), the residues from treatment
are analyzed, as specified in §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 §264.13 or §265.13, must be
designed such that representative samples of the sludge and the
supernatant are tested separately rather than mixed to form
homogeneous samples.
(ii) Removal. The following treatment residues (including any
liquid waste) must be removed at least annually: residues which
do not meet the treatment standards promulgated under subpart D
of this part; residues which do not meet the prohibition levels
established under subpart C of this part or imposed by statute
(where no treatment standards have been established); residues
which are from the treatment of wastes prohibited from land
disposal under subpart C of this part (where no treatment
standards have been established and no prohibition levels apply);
or residues from managing listed wastes which are not delisted
under §260.22 of this chapter. However, residues which are the
subject of a valid certification under §268.8 made no later than
a year after placement of the wastes in an impoundment are not
required to be removed annually. If the volume of liquid flowing
through the impoundment or series of impoundments annually is
greater than the volume of the impoundment or impoundments, this
flow-through constitutes removal of the supernatant for the
purpose of this requirement.
(iii) Subsequent management. Treatment residues may not be placed
in any other surface impoundment for subsequent management unless
the residues are the subject of a valid certification under
§268.8 which allows disposal in surface impoundments meeting the
requirements of §268.8(a).
(iv) Recordkeeping. The procedures and schedule for the sampling
of impoundment contents, the analysis of test data, and the
annual removal of residues which do not meet the treatment
standards, or prohibition levels (where no treatment standards
have been established), or which are from the treatment of wastes
prohibited from land disposal under subpart C (where no treatment
standards have been established and no prohibition levels apply),
must be specified in the facility's waste analysis plan as
required under §264.13 or §265.13 of this chapter.
(3) The impoundment meets the design requirements of §264.221(c)
or §265.221(a) of this chapter, regardless that the unit may not
be new, expanded, or a replacement, and be in compliance with
applicable ground water monitoring requirements of subpart F of
Part 264 or Part 264 of this chapter unless:
(i) Exempted pursuant to §264.221 (d) or (e) of this chapter, or
to §265.221 (c) or (d) of this chapter; or,
(ii) Upon application by the owner or operator, the
Administrator, after notice and an opportunity to comment, has
granted a waiver of the requirements on the basis that the
surface impoundment:
(A) Has at least one liner, for which there is no evidence that
such liner is leaking;
(B) Is located more than one-quarter mile from an underground
source of drinking water; and
(C) Is in compliance with generally applicable ground water
monitoring requirements for facilities with permits; or,
(iii) Upon application by the owner or operator, the
Administrator, after notice and an opportunity to comment, has
granted a modification to the requirements on the basis of a
demonstration that the surface impoundment is located, designed,
and operated so as to assure that there will be no migration of
any hazardous constituent into ground water or surface water at
any future time.
(4) The owner or operator submits to the Regional Administrator a
written certification that the requirements of §268.4(a)(3) have
been met and submits a copy of the waste analysis plan required
under §268.4(a)(2). The following certification is required:
I certify under penalty of law that the requirements of 40 CFR
§268.4(a)(3) have been met for all surface impoundments being
used to treat restricted wastes. I believe that the submitted
information is true, accurate, and complete. I am aware that
there are significant penalties for submitting false information,
including the possibility of fine and imprisonment.
(b) Evaporation of hazardous constituents as the principal means
of treatment is not considered to be treatment for purposes of an
exemption under this section.
(51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended
at 52 FR 25788, July 8, 1987; 53 FR 31212, Aug. 17, 1988)
§268.5 Procedures for case-by-case extensions to an effective
date.
(a) Any person who generates, treats, stores, or disposed 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. The
applicant must demonstrate the following:
(1) He has made a good-faith effort to locate and contract with
treatment, recovery, or disposal facilities nationwide to manage
his waste in accordance with the effective date of the applicable
restriction established under Subpart C of this Part;
(2) He has entered into a binding contractual commitment to
construct or otherwise provide alternative treatment, recovery
(e.g. recycling), or disposal capacity that meets the treatment
standards specified in Subpart D or, where treatment standards
have not been specified, such treatment, recovery, or disposal
capacity is protective of human health and the environment.
(3) Due to circumstances beyond the applicant's control, such
alternative capacity cannot reasonably be made available by the
applicable effective date. This demonstration may include a
showing that the technical and practical difficulties associated
with providing the alternative capacity will result in the
capacity not being available by the applicable effective date;
(4) The capacity being constructed or otherwise provided by the
applicant will be sufficient to manage the entire quantity of
waste that is the subject of the application;
(5) He provides a detailed schedule for obtaining required
operating and construction permits or an outline of how and when
alternative capacity will be available;
(6) He has arranged for adequate capacity to manage his waste
during an extension and has documented in the application the
location of all sites at which the waste will be managed; and
(7) Any waste managed in a surface impoundment or landfill during
the extension period will meet the requirements of paragraph
(h)(2) of this section.
(b) An authorized representative signing an application described
under paragraph (a) of this section shall make the following
certification:
I certify under penalty of law that I have personally examined
and am familiar with the information submitted in this document
and all attachments and that, based on my inquiry of those
individuals immediately responsible for obtaining the
information, I believe that the information is true, accurate,
and complete. I aware that there are significant penalties for
submitting false information, including the possibility of fine
and imprisonment.
(c) After receiving an application for an extension, the
Administrator may request any additional information which he
deems as necessary to evaluate the application.
(d) An extension sill apply only to the waste generated at the
individual facility covered by the application and will not apply
to restricted waste from any other facility. (e) On the basis of
the information referred to in paragraph (a) of this section,
after notice and opportunity for comment, and after consultation
with appropriate State agencies in all affected States, the
Administrator may grant an extension of up to 1 year from the
effective date. The Administrator may renew this extension for up
to 1 additional year upon the request of the applicant if the
demonstration required in paragraph (a) of this section can still
be made. In no event will an extension extend beyond 24 months
from the applicable effective date specified in Subpart C of Part
268. The length of any extension authorized will be determined by
the Administrator based on the time required to construct or
obtain the type of capacity needed by the applicant as described
in the completion schedule discussed in paragraph (a)(5) of this
section. The Administrator will give public notice of the intent
to approve or deny a petition and provide an opportunity for
public comment. The final decision on a petition will be
published in the Federal Register.
(f) Any person granted an extension under this section must
immediately notify the Administrator as soon as he has knowledge
of any change in the conditions certified to in the application.
(g) Any person granted an extension under this section shall
submit written progress reports at intervals designated by the
Administrator. Such reports must describe the overall progress
made toward constructing or otherwise providing alternative
treatment, recovery or disposal capacity; must identify any event
which may cause or has caused a delay in the development of the
capacity; and must summarize the steps taken to mitigate the
delay. The Administrator can revoke the extension at any time if
the applicant does not demonstrate a good-faith effort to meet
the schedule for completion, if the Agency denies or revokes any
required permit, if conditions certified in the application
change, or for any violation of this chapter.
(h) Whenever the Administrator establishes an extension to an
effective date under this section, during the period for which
such extension is in effect:
(1) The storage restrictions under § 268.50(a) do not apply; and
(2) Such hazardous waste may be disposed in a landfill or surface
impoundment unit only if such unit is in compliance with the
technical requirements of the following provisions regardless of
whether such unit is existing, new, or a replacement or lateral
expansion.
(i) The landfill, if in interim status, is in compliance with the
requirements of Subpart F of Part 265 and § 265.301(a), (c), and
(d) of this chapter; or,
(ii) The landfill, if permitted, is in compliance with the
requirements of Subpart F of Part 264 and § 264.301(c), (d), and
(e) of this chapter; or (iii) The surface impoundment, if in
interim status, is in compliance with the requirements of Subpart
F of Part 265 and § 265.221(a), (c), and (d) of this chapter,
and RCRA section 3005(j)(1); or
(iv) The surface impoundment, if permitted, is in compliance with
the requirements of subpart F of Part 264 and § 264.221 (c), (d)
and (e) of this chapter; or
(v) The surface impoundment, if newly subject to RCRA section
3005(j)(1) due to the promulgation of additional listings or
characteristics for the identification of hazardous waste, is in
compliance with the requirements of subpart F of Part 265 of this
chapter within 12 months after the promulgation of additional
listings or characteristics of hazardous waste, and with the
requirements of § 265.221 (a), (c) and (d) of this chapter
within 48 months after the promulgation of additional listings or
characteristics of hazardous waste. If a national capacity
variance is granted, during the period the variance is in effect,
the surface impoundment, if newly subject to RCRA section
3005(j)(1) due to the promulgation of additional listings or
characteristics of hazardous waste, is in compliance with the
requirements of subpart F of Part 265 of this chapter within 12
months after the promulgation of additional listings or
characteristics of hazardous waste, and with the requirements of
§ 265.221 (a), (c) and (d) of this chapter within 48 months
after the promulgation of additional listings or characteristics
of hazardous waste; or
(vi) The landfill, if disposing of containerized liquid hazardous
wastes containing PCBs at concentrations greater than or equal to
50 ppm but less than 500 ppm, is also in compliance with the
requirements of 40 CFR §761.75 and Parts 264 and 265.
(i) Pending a decision on the application 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.
[51 FR 40638, Nov. 7, 1986, as amended at 52 FR 21016, June 4,
1987; 52 FR 25789, July 8, 1987; 53 FR 31212, Aug. 17, 1988; 54
FR 36970, Sept. 6, 1989; 55 FR 23935, June 13, 1990; 57 FR 37194,
Aug. 18, 1992, 58 FR 34369, June 25, 1993]