40 CFR PART 268 -- LAND DISPOSAL RESTRICTIONS
§268.8 Landfill and
surface impoundment disposal restrictions.
(a) Prior to May 8, 1990, wastes which are otherwise prohibited
from land disposal under §268.33(f) of this part may be disposed
in a landfill or surface impoundment which is in compliance with
the requirements of §268.5(h)(2) provided that the requirements
of this section are met. As of May 8, 1990, this section is no
longer in effect.
(1) Prior to such disposal, the generator has made a good faith
effort to locate and contract with treatment and recovery
facilities practically available which provide the greatest
environmental benefit.
(2) If a generator determines that there is no practically
available treatment for his waste, he must fulfill the following
specific requirements:
(i) Prior to the initial shipment of waste, the generator must
submit a demonstration to the Regional Administrator that
includes: a list of facilities and facility officials contacted,
addresses, telephone numbers, and contact dates, as well as a
written discussion of why he was not able to obtain treatment or
recovery for that waste. The generator must also provide to the
Regional Administrator the following certification:
I certify under penalty of law that the requirements of 40 CFR
§§268.8(a)(1) have been met and that disposal in a landfill or
surface impoundment is the only practical alternative to
treatment currently available. I believe that the information
submitted is true, accurate, and complete. I am aware that there
are significant penalties for submitting false information,
including the possibility of fine and imprisonment.
The generator does not need to wait for Regional Administrator
approval of the demonstration/certification before shipment of
the waste. However, if the Regional Administrator invalidates the
demonstration/certification for the reasons outlined in
§v268.8(b)(2), the generator must immediately cease further
shipments of the waste, and immediately inform all facilities
that received the waste of such invalidation, and keep records of
such communication on-site in his files.
(ii) With the initial shipment of waste, the generator must
submit a copy of the demonstration and the certification
discussed above in §268.8(a)(2)(i) to the receiving facility.
With each subsequent waste shipment, only the certification is
required to be submitted provided that the conditions being
certified remain unchanged. Such a generator must retain on-site
a copy of the demonstration (if applicable) and certification
required for each waste shipment for at least five years from the
date that the waste that is the subject of such documentation was
last sent to on-site or off-site disposal. The five-year record
retention requirement is automatically extended during the course
of any unresolved enforcement action regarding the regulated
activity or as requested by the Administrator.
(3) If a generator determines that there are practically
available treatments for his waste, he must contract to use the
practically available technology that yields the greatest
environmental benefit. He must also fulfill the following
specific requirements:
(i) The generator must submit to the Regional Administrator,
prior to the initial shipment of waste, a demonstration that
includes: a list of facilities and facility officials contacted,
addresses, telephone numbers, and contact dates, as well as a
written discussion explaining why the treatment or recovery
technology chosen provides the greatest environmental benefit.
The generator must also provide to the Regional Administrator the
following certification:
I certify under penalty of law that the requirements of 40 CFR
§268.8(a)(1) have been met and that I have contracted to treat
my waste (or otherwise provide treatment) by the practically
available technology which yields the greatest environmental
benefit, as indicated in my demonstration. I believe that the
information submitted is true, accurate, and complete. I am aware
that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment.
The generator does not need to wait for Regional Administrator
approval of the demonstration/certification before shipment of
the waste.
(ii) With the initial shipment of waste, the generator must
submit to the receiving facility a copy of the demonstration and
the certification discussed above in §268.8(a)(3)(i). With each
subsequent waste shipment, only the certification is required to
be submitted provided that the conditions being certified remain
unchanged. Such a must retain on-site a copy of the demonstration
(if applicable) and certification required for each waste
shipment for at least five years from the date that the waste
that is the subject of such documentation was last sent to
on-site or off-site disposal. The five-year record retention
requirement is automatically extended during the course of any
unresolved enforcement action regarding the regulated activity or
as requested by the Administrator.
(4) Where the generator has determined that there is practically
available treatment for his waste prior to disposal, with the
initial shipment of waste, such generator must submit a copy of
the demonstration and the certification required in paragraph
(a)(2)(B) of this section to the receiving facility. With each
subsequent waste shipment, only the certification is required to
be submitted provided that the conditions being certified remain
unchanged. Such a generator must retain on-site a copy of the
demonstration (if applicable) and certification required for each
waste shipment for at least five years from the date that the
waste that is the subject of such documentation was last sent to
on-site or off-site disposal. The five-year record retention
requirement is automatically extended during the course of any
unresolved enforcement action regarding the regulated activity or
as requested by the Administrator.
(b) After receiving the demonstration and certification, the
Regional Administrator may request any additional information
which he deems necessary to evaluate the certification, and
submit a new demonstration and certification as provided in
§268.8(a) to the receiving facility.
(1) A generator who has submitted a certification under this
section must immediately notify the Regional Administrator when
he has knowledge of any change in the conditions which formed the
basis of his certification.
(2) If, after review of the certification, the Regional
Administrator determines that practically available treatment
exists where the generator has certified otherwise, or that there
exists some other method of practically available treatment
yielding greater environmental benefit than that which the
generator has certified, the Regional Administrator may
invalidate the certification.
(3) If the Regional Administrator invalidates a certification,
the generator must immediately cease further shipments of the
waste, and inform all facilities that received the waste of such
invalidation and keep records of such communication on-site in
his files.
(c) A treatment, recovery or storage facility receiving wastes
subject to a valid certification must keep copies of the
generator's demonstration (if applicable) and certification in
his operating record.
(1) The owner or operator of a treatment or recovery facility
must certify that he has treated the waste in accordance with the
generator's demonstration. The following certification is
required:
I certify under penalty of law that I have personally examined
and am familiar with the treatment technology and operation of
the treatment process used to support this certification and
that, based on my inquiry of those individuals immediately
responsible for obtaining this information, I believe that the
treatment process has been operated and maintained properly so as
to comply with treatment as specified in the generator's
demonstration. I am aware that there are significant penalties
for submitting false information, including the possibility of
fine and imprisonment.
(2) The owner or operator of a treatment, recovery or storage
facility must, for each initial shipment of waste, send a copy of
the generator's demonstration (if applicable) and certification
under 268.8(a)(2)(i) or 268.8(a)(3)(i) and certification under
§268.8(c)(1) (if applicable) to the facility receiving the waste
or treatment residues. With each subsequent waste shipment, only
the certification is required to be submitted provided that the
conditions certified remain unchanged.
(d) The owner or operator of a disposal facility must ensure that
those wastes prohibited under §268.33(f) are subject to a
certification according to the requirements of this section prior
to disposal in a landfill or surface impoundment, and that the
units receiving such wastes must meet the minimum technological
requirements of §268.5(h)(2).
(e) Once the certification is received by the Regional
Administrator, and provided that the wastes have been treated by
the treatment (if any), determined by the generator to yield the
greatest environmental benefit practically available, the wastes
or treatment residuals may be disposed in a landfill or surface
impoundment unit meeting the requirements of 268.5(h)(2), unless
otherwise prohibited by the Regional Administrator.
(Approved by the Office of Management and Budget under control
number 2050-0085)
(53 FR 31214, Aug. 17, 1988, as amended at 54 FR 36971, Sept. 6,
1989; 55 FR 22688, June 1, 1990; 55 FR 23935, June 13, 1990)
§268.9 Special rules regarding wastes that exhibit a
characteristic
(a) The initial generator of a solid waste must determine each
EPA Hazardous Waste Number (waste code) applicable to the waste
in order to determine the applicable treatment standards under
subpart D of this part. For purposes of Part 268, the waste will
carry the waste code for any applicable listed waste (Part 261,
Subpart D). In addition, where the waste exhibits a
characteristic, the waste will carry one or more of the
characteristic waste codes (Part 261, Subpart C), except when the
treatment standard for the listed waste operates in lieu of the
treatment standard for the characteristic waste, as specified in
paragraph (b) of this section. If the generator determines that
their waste displays a hazardous characteristic (and is not D001
non-wastewaters treated by CMBST, RORGS, OR POLYM of § 268.42,
Table 1), the generator must determine the underlying hazardous
constituents (as defined at § 268.2(i)) in the characteristic
waste.
(b) Where a prohibited waste is both listed under 40 CFR Part
261, subpart D and exhibits a characteristic under 40 CFR Part
261, subpart C, the treatment standard for the waste code listed
in 40 CFR Part 261, subpart D will operate in lieu of the
standard for the waste code under 40 CFR Part 261, subpart C,
provided that the treatment standard for the listed waste
includes a treatment standard for the constituent that causes the
waste to exhibit the characteristic. Otherwise, the waste must
meet the treatment standards for all applicable listed and
characteristic waste codes.
(c) In addition to any applicable standards determined from the
initial point of generation, no prohibited waste which exhibits a
characteristic under 40 CFR Part 261, subpart C may be land
disposed unless the waste complies with the treatment standards
under subpart D of this part.
(d) Wastes that exhibit a characteristic are also subject to §
268.7 requirements, except that once the waste is no longer
hazardous, a one-time notification and certification must be
placed in the generators or treaters files and sent to the EPA
region or authorized state. The notification and certification
that is placed in the generators or treaters files must be
updated if the process or operation generating the waste changes
and/or if the subtitle D facility receiving the waste changes.
However, the generator or treater need only notify the EPA region
or an authorized state on an annual basis if such changes occur.
Such notification and certification should be sent to the EPA
region or authorized state by the end of the calendar year, but
no later that December 31.
(1) The notification must include the following information:
(i) Name and address of the RCRA Subtitle D facility receiving
the waste shipment; and
(ii) A description of the waste as initially generated, including
the applicable EPA hazardous waste code(s), treatability
group(s), and underlying hazardous constituents (as defined in §
268.2(i)), unless the waste will be treated and monitored for all
underlying hazardous constituents. If all underlying hazardous
constituents will be treated and monitored, there is no
requirement to list any of the underlying hazardous constituents
on the notice.
(2) The certification must be signed by an authorized
representative and must state the language found in §
268.7(b)(5).
(i) If treatment removes the characteristic but does not treat
underlying hazardous constituents, then the certification found
in § 268.7(b)(5)(iv) applies.
(ii) (Reserved).
[55 FR 22520, June 1, 1990, as amended at 55 FR 3864, Jan. 31,
1991; 57 FR 37194, Aug. 18, 1992; 58 FR 29860, May 24, 1993; 59
FR 47982, Sept. 19, 1994; 60 FR 242, Jan. 3, 1995; 61 FR 15566,
Apr. 8, 1996; 61 FR 15660, Apr. 8, 1996; 62 FR 25998, May 12,
1997]
Subpart B -- Schedule for Land Disposal Prohibition and
Establishment of Treatment Standards
Source: 51 FR 19305, May 28, 1986, unless otherwise noted.
§268.10 Identification of wastes to be evaluated by August 8,
1988.
EPA will take action under sections 3004(g)(5) and 3004(m), of
the Conservation and Recovery Act, by August 8, 1988, for the
following wastes (for ease of understanding the wastes have been
listed by the section of 40 CFR Part 261 under which they were
listed):
§261.31 Wastes
F006 -- Wastewater treatment sludges from electroplating
operations except from the following processes: (1) Sulfuric acid
anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc
plating (segregated basis) on carbon steel; (4) aluminum or
zinc-aluminum plating on carbon steel; (5) cleaning/stripping
associated with tin, zinc and aluminum plating on carbon steel;
and (6) chemical etching and milling of aluminum.
F007 -- Spent cyanide plating bath solutions from electroplating
operations.
F008 -- Plating bath sludges from the bottom of plating baths
from electroplating operations where cyanides are used in the
process.
F009 -- Spent stripping and cleaning bath solutions from
electroplating operations where cyanides are used in the process.
F019 -- Wastewater treatment sludges from the chemical conversion
coating of aluminum.
§261.32 Wastes
K001 -- Bottom sediment sludge from the treatment of wastewaters
from wood preserving processes that use creosote and/or
pentachlorophenol.
K004 -- Wastewater treatment sludge from the production of zinc
yellow pigments.
K008 -- Over residue from the production of chrome oxide green
pigments.
K011 -- Bottom stream from the wastewater stripper in the
production of acrylonitrile.
K013 -- Bottom stream from the acetonitrile column in the
production of acrylonitrile.
K014 -- Bottoms from the acetonitrile purification column in the
production of acrylonitrile.
K015 -- Still bottoms from the distillation of benzyl chloride.
K016 -- Heavy ends or distillation residues from the production
of carbon tetrachloride.
K017 -- Heavy ends (still bottoms) from the purification column
in the production of epichlorohydrin.
K018 -- Heavy ends from the fractionation column in ethyl
chloride production.
K020 -- Heavy ends from the distillation of vinyl chloride in
vinyl chloride monomer production.
K021 -- Aqueous spent antimony catalyst waste from fluoromethanes
production.
K022 -- Distillation bottom tars from the production of
phenol/acetone from cumane.
K024 -- Distillation bottoms from the production of phthalic
anhydride from naphthalene.
K030 -- Column bottom or heavy ends from the combined production
of trichloroethylene and perchloroethylene.
K031 -- By-products salts generated in the production of MSMA and
cacodylic acid.
K035 -- Wastewater treatment sludges generated in the production
of creosote.
K036 -- Still bottoms from toluene reclamation distillation in
the production of disulfoton.
K037 -- Wastewater treatment sludge from the production of
disulfoton.
K044 -- Wastewater treatment sludges from the manufacturing and
processing of explosives.
K045 -- Spent carbon from the treatment of wastewater containing
explosives.
K046 -- Wastewater treatment sludges from the manufacturing,
formulation and loading of lead-based initiating compounds.
K047 -- Pink/red water from TNT operations.
K060 -- Ammonia still lime sludge from coking operations.
K061 -- Emission control dust/sludge from the primary production
of steel in electric furnaces.
K062 -- Spent pickle liquor from steel finishing operations in
chlorine production.
K069 -- Emission control dust/sludge from secondary lead
smelting.
K071 -- Brine purification muds from the mercury cells process in
chlorine production, where separately prepurified brine is not
used.
K073 -- Chlorinated hydrocarbon waste from the purification step
of the diaphragm cell process using graphite anodes
K083 -- Distillation bottoms from aniline production.
K084 -- Wastewater treatment sludges generated during the
production of veterinary pharmaceuticals from arsenic or
organo-arsenic compounds.
K085 -- Distillation of fractionation column bottoms from the
production of chlorobenzenes.
K086 -- Solvent washes and sludges; caustic washes and sludges,
or water washes and sludges from cleaning tubs and equipment used
in the formulation of ink from pigments, driers, soaps, and
stabilizers containing chromium and lead.
K087 -- Decanter tank tar sludge from coking operations.
K099 -- Untreated wastewater from the production of 2,4-D.
K101 -- Distillation tar residues from the distillation of
aniline-based compounds in the production of veterinary
pharmaceuticals from arsenic or organo-arsenic compounds.
K102 -- Residue from the use of activated carbon for
decolorization in the production of veterinary pharmaceuticals
from arsenic or organo-arsenic compounds.
K103 -- Process residues from aniline extraction from the
production of aniline.
K104 -- Combined wastewater streams generated from
nitrobenzene/aniline production.
K106 -- Waste water treatment sludge from the mercury cell
process in chlorine production.
§261.33(e) Wastes
P001 -- Warfarin, when present at concentration greater than 0.3%
P004 -- Aldrin
P005 -- Allyl alcohol
P010 -- Arsenic acid
P011 -- Arsenic (V) oxide
P012 -- Arsenic (III) oxide
P015 -- Beryllium dust
P016 -- Bis-(chloromethyl) ether
P018 -- Brucine
P020 -- Dinoseb
P030 -- Soluble cyanide salts not elsewhere specified
P036 -- Dichlorophenylarsine
P037 -- Dieldrin
P039 -- Disulfoton
P041 -- Diethyl-p-nitrophenyl phosphate
P048 -- 2,4-Dinitrophenol
P050 -- Endosulfan
P058 -- Fluoracetic acid, sodium salt
P059 -- Heptachlor
P063 -- Hydrogen cyanide
P068 -- Methyl Hydrazine
P069 -- Methyllactonitrile
P070 -- Aldicarb
P071 -- Methyl parathion
P081 -- Nitroglycerine
P082 -- N-Nitrosodimethylamine
P084 -- N-Nitrosomethylvinylamine
P087 -- Osmium tetraoxide
P089 -- Parathion
P092 -- Phenylmercuric acetate
P094 -- Phorate
P097 -- Famphur
P102 -- Propargyl alcohol
P105 -- Sodium azide
P108 -- Strychnine and salts
P110 -- Tetraethyl lead
P115 -- Thallium (I) sulfate
P120 -- Vanadium pentoxide
P122 -- Zinc phosphide, when present at concentrations greater
than 10%
P123 -- Toxaphene
§261.33(f) Wastes
U007 -- Acrylamide
U009 -- Acrylonitrile
U010 -- Mitomycin C
U012 -- Aniline
U016 -- Benz(c)acridine
U018 -- Benz(a)anthracene
U019 -- Benzene
U022 -- Benzo(a)pyrene
U029 -- Methyl bromide
U031 -- n-Butanol
U036 -- Chlordane, technical
U037 -- Chlorobenzene
U041 -- n-Chloro-2,3-epoxypropane
U043 -- Vinyl chloride
U044 -- Chloroform
U046 -- Chloromethyl methyl ether
U050 -- Chrysene
U051 -- Creosote
U053 -- Crotonaldehyde
U061 -- DDT
U063 -- Dibenz o (a, h) anthracene
U064 -- 1,2:7,8 Dibenzopyrene
U066 -- Dibromo-3-chloropropane 1,2-
U067 -- Ethylene dibromide
U074 -- 1,4-Dichloro-2-butene
U077 -- Ethane, 1,2-dichloro-
U078 -- Dichloroethylene, 1,1-
U086 -- N,N Diethylhydrazine
U089 -- Diethylstilbestrol
U103 -- Dimethyl sulfate
U105 -- 2,4-Dinitrotoluene
U108 -- Dioxane, 1,4-
U115 -- Ethylene oxide
U122 -- Formaldehyde
U124 -- Furan
U129 -- Lindane
U130 -- Hexachlorocyclopentadiene
U133 -- Hydrazine
U134 -- Hydrofluoric acid
U137 -- Indeno(1,2,3-cd)pyrene
U151 -- Mecury
U154 -- Methanol
U155 -- Methapyrilene
U157 -- 3-Methylcholanthrene
U158 -- 4,4-Methylene-bis-(2-chloroaniline)
U159 -- Methyl ethyl ketone
U171 -- Nitropropane, 2-
U177 -- N-Nitroso-N-methylurea
U180 -- N-Nitrosopyrrolidine
U185 -- Pentachloronitrobenzene
U188 -- Phenol
U192 -- Pronamide
U200 -- Reserpine
U209 -- Tetrachloroethane, 1,1,2,2-
U210 -- Tetrachloroethylene
U211 -- Carbon tetrachloride
U219 -- Thiourea
U220 -- Toluene
U221 -- Toluenediamine
U223 -- Toluene diisocyanate
U226 -- Methylchloroform
U227 -- Trichloroethane, 1,1,2-
U228 -- Trichloroethylene
U237 -- Uracil mustard
U238 -- Ethyl carbamate
U248 -- Warfarin, when present at concentrations of 0.3% or less
U249 -- Zinc phosphide, when present at concentrations of 10% or
less
(51 FR 19305, May 28, 1986, as amended at 56 FR 3878, Jan. 31,
1991)
§268.11 Identification of wastes to be evaluated by June 8,
1989.
EPA will take action under sections 3004(g)(5) and 3004(m) of the
Resource Conservation and Recovery Act, by June 8, 1989, for the
following wastes (for ease of understanding the wastes have been
listed by the section of 40 CFR Part 261 under which they were
listed):
§261.31 Wastes
F010 -- Quenching bath sludge from oil baths from metal heat
treating operations where cyanides are used in the process.
F011 -- Spent cyanide solutions from salt bath pot cleaning from
metal heat treating operations.
F012 -- Quenching wastewater treatment sludges from metal heat
operations where cyanides are used in the process.
F024 -- Wastes including but not limited to, distillation
residues, heavy ends, tars and reactor clean-out wastes from the
production of chlorinated aliphatic hydrocarbons, having carbon
content from one to five, utilizing free radical catalyzed
processes. (This listing does not include light ends, spent
filters and filter aids, spend desiccants, wastewater, wastewater
treatment sludges, spent catalysts, and wastes listed in
§261.32.).