40 CFR PART 268 -- LAND DISPOSAL RESTRICTIONS
§268.34 Waste specific
prohibitions -- second third wastes.
(a) Effective June 8, 1989, the following wastes specified in 40
CFR §261.31 as EPA Hazardous Waste Nos. F010; F024; the wastes
specified in 40 CFR §261.32 as EPA Hazardous Waste Nos. K005,
K007; K009 (nonwastewaters), K010; K023; K027; K028; K029
(nonwastewaters); K036 (wastewaters); K038; K039; K040; K043;
K093; K094; K095 (nonwastewaters); K096 (nonwastewaters); K113;
K114; K115; K116; and the wastes specified in 40 CFR 261.33 as
EPA Hazardous Waste Nos. P013; P021; P029; P030; P039; P040;
P041; P043; P044; P062; P063; P071; P074; P085; P089; P094: P097;
P098; P099; P104; P106; P109; P111; P121; U028; U058; U069; U087;
U088; U102; U107; U221; U223; and U235 are prohibited from land
disposal.
(b) Effective June 8, 1989, the following wastes specified in 40
CFR §261.32 as EPA Hazardous Waste Nos. K009 (wastewaters), K011
(nonwastewaters), K013 (nonwastewaters), and K014
(nonwastewaters) are from land disposal except when they are
underground injected pursuant to 40 CFR §§148.14(f) and
148.15(d).
(c) Effective July 8, 1989, the wastes specified in 40 CFR
§261.31 as EPA Hazardous Waste Nos. F006 -- cyanide
(nonwastewater); F008; F009; F011 (wastewaters) and F012
(wastewaters) are prohibited from land disposal.
(1) Effective July 8, 1989, the following waste specified in 40
CFR §261.31 as EPA Hazardous Waste No. F007 is prohibited from
land disposal except when it is underground injected pursuant to
40 CFR §148.14(f).
(2) Effective July 8, 1989 and continuing until December 8, 1989,
F011 (nowastewaters) and F012 (nonwastewaters) are prohibited
from land disposal pursuant to the treatment standards specified
in §§268.41 and 268.43 applicable to F007, F008, and F009
nonwastewaters. Effective December 8, 1989 F011 (nowastewaters)
and F012 (nonwastewaters) are prohibited from land disposal
pursuant to the treatment standards specified in §§268.41 and
268.43 applicable to F011 (nonwastewaters) and F012
(nonwastewaters) .
(d) Effective June 8, 1991, the wastes specified in this section
having a treatment standard in subpart D of this part based on
incineration, and which are contaminated soil and debris are
prohibited from land disposal.
(e) Between June 8, 1989 and June 8, 1991, (for wastes F007,
F008, F009, F011, and F012 between June 8, 1989 and July 8, 1989)
wastes included in paragraphs (c) and (d) of this section may be
disposed in a landfill or surface impoundment, regardless whether
such unit is a new, replacement, or lateral expansion unit, only
if such unit is in compliance with the technical requirements
specified in §268.5(h)(2).
(f) The requirements of paragraphs (a), (b), (c), and (d) of this
section do not apply if:
(1) The wastes meet the applicable standards specified in subpart
D of this part; or
(2) 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.
(g) The requirements of paragraphs (a), (b), and (c) of this
section do not apply if persons have been granted an extension to
the effective date of a prohibition pursuant to §268.5, with
respect to those wastes covered by the extension.
(h) Between June 8, 1989 and May 8, 1990, the wastes specified in
§268.11 for which treatment standards under subpart D of this
part are not applicable, including California list wastes subject
to the statutory prohibitions of RCRA section 3004(d) or codified
prohibitions under §268.32, are prohibited from disposal in a
landfill or surface impoundment unless the wastes are the subject
of a valid demonstration and certification pursuant to §268.8.
(i) To determine whether a hazardous waste listed in §§268.10,
268.11, and 268.12 exceeds the applicable treatment standards
specified in §§268.41 and 268.43, the initial generator must
test a representative sample of the waste extract or the entire
waste, depending on whether the treatment standards are expressed
as concentrations in the waste extract or the waste, or the
generator may use knowledge of the waste. If the waste contains
constituents in excess of the applicable subpart D levels, the
waste is prohibited from land disposal and all requirements of
Part 268 are applicable, except as otherwise specified.
(54 FR 26648, June 23, 1989)
§268.35 Waste specific prohibitions -- Third Third wastes.
(a) Effective August 8, 1990, the following wastes specified in
40 CFR §261.31 as EPA Hazardous Waste Numbers F002
(1,1,2-trichloroethane), F005 (benzene), F005 (2-ethoxy ethanol)
F005 (2-nitropropane), F006 (wastewaters), F019, F025, and F039
(wastewaters); the wastes specified in 40 CFR 261.32 as EPA
Hazardous Waste Numbers K002; K003; K004 (wastewaters); K005
(wastewaters); K006; K008 (wastewaters); K011 (wastewaters); K013
(wastewaters); K014 (wastewaters); K015 (nonwastewaters); K017;
K021 (wastewaters); K022 (wastewaters); K025 (wastewaters); K026;
K029 (wastewaters); K031 (wastewaters); K032; K033; K034; K035;
K041; K042; K046 (wastewaters, reactive nonwastewaters); K048
(wastewaters); K049 (wastewaters); K050 (wastewaters); K051
(wastewaters); K052 (wastewaters); K060 (wastewaters); K061
(wastewaters) and (high zinc subcategory 15% zinc); K069
(wastewaters, calcium sulfate nonwastewaters); K073, K083; K084
(wastewaters); K085; K095 (wastewaters); K096 (wastewaters);
K097; K098; K100 (wastewaters); K101 (wastewaters); K102
(wastewaters); K105; and K106 (wastewaters); the wastes specified
in 40 CFR 261.33(e) as EPA Hazardous Waste Numbers P001; P002;
P003; P004; P005; P006; P007; P008; P009; P010 (wastewaters);
P011 (wastewaters); P012 (wastewaters); P014; P015; P016; P017;
P018; P020; P022; P023; P024; P026; P027; P028; P031; P033; P034;
P036 (wastewaters); P037; P038 (wastewaters); P042; P045; P046;
P047; P048; P049; P050; P051; P054; P056; P057; P058; P059; P060;
P064; P065 (wastewaters); P066; P067; P068; P069; P070; P072;
P073; P075; P076; P077; P078; P081; P082; P084; P088; P092
(wastewaters); P093; P095; P096; P101; P102; P103; P105; P108;
P110; P112; P113; P114; P115; P116; P118; P119; P120; P122; and
P123; and the wastes specified in 40 CFR 261.33(f) as EPA
Hazardous Waste Numbers U001; U002; U003; U004; U005; U006; U007;
U008; U009; U010; U011; U012; U014; U015; U016; U017; U018; U019;
U020; U021; U022; U023; U024; U025; U026; U027; U029; U030; U031;
U032; U033; U034; U035; U036; U037; U038; U039; U041; U042; U043;
U044; U045; U046; U047; U048; U049; U050; U051; U052; U053; U055;
U056; U057; U059; U060; U061; U062; U063; U064; U066; U067; U068;
U070; U071; U072; U073; U074; U075; U076; U077; U078; U079; U080;
U081; U082; U083; U084; U085; U086; U089; U090; U091; U092; U093;
U094; U095; U096; U097; U098; U099; U101; U103; U105; U106; U108;
U109; U110; U111; U112; U113; U114; U115; U116; U117; U118; U119;
U120; U121; U122; U123; U124; U125; U126; U127; U128; U129; U130;
U131; U132; U133; U134; U135; U136 (wastewaters); U137; U138;
U140; U141; U142; U143; U144; U145; U146; U147; U148; U149; U150;
U151 (wastewaters); U152; U153; U154; U155; U156; U157; U158;
U159; U160; U161; U162; U163; U164; U165; U166; U167; U168; U169;
U170; U171; U172; U173; U174; U176; U177; U178; U179; U180; U181;
U182; U183; U184; U185; U186; U187; U188; U189; U191; U192; U193;
U194; U196; U197; U200; U201; U202; U203; U204; U205; U206; U207;
U208; U209; U210; U211; U213; U214; U215; U216; U217; U218; U219;
U220; U222; U225; U226; U227; U228; U234; U236; U237; U238; U239;
U240; U243; U244; U246; U247; U248; U249; and the following
wastes identified as hazardous based on a characteristic alone:
D001; D002, D003, D004 (wastewaters), D005, D006; D007; D008
(except for lead materials stored before secondary smelting),
D009 (wastewaters), D010, D011, D012, D013, D014, D015, D016, and
D017 are prohibited from land disposal.
(b) Effective November 8, 1990, the following wastes specified in
40 CFR §261.32 as EPA Hazardous Waste Numbers K048
(nonwastewaters), K049 (nonwastewaters), K050 (nonwastewaters),
K051 (nonwastewaters), and K052 (nonwastewaters) are prohibited
from land disposal.
(c) Effective May 8, 1992, the following waste specified in 40
CFR §261.31 as EPA Hazardous Waste Numbers F039
(nonwastewaters); the wastes specified in 40 CFR §§261.32 as
EPA Hazardous Waste Number K031 (nonwastewaters); K084
(nonwastewaters); K101 (nonwastewaters); K102 (nonwastewaters);
K106 (nonwastewaters); the wastes specified in 40 CFR §261.33(e)
as EPA Hazardous Waste Numbers P010 (nonwastewaters); P011
(nonwastewaters); P012 (nonwastewaters); P036 (nonwastewaters);
P038 (nonwastewaters); P065 (nonwastewaters); P087; and P092
(nonwastewaters); the wastes specified in 40 CFR §261.33(f) as
EPA Hazardous Waste Numbers U136 (nonwastewaters); and U151
(nonwastewaters); the following wastes identified as hazardous
based on a characteristic alone: D004 (nonwastewaters); and D009
(nonwastewaters); inorganic solid debris as defined in 40 CFR
§268.2(g) (which also applies to chromium refractory bricks
carrying the EPA Hazardous Waste Numbers K048-K052); and RCRA
hazardous wastes that contain naturally occurring radioactive
materials are prohibited from land disposal.
(d) Effective May 8, 1992, hazardous wastes listed in 40 CFR
§§268.10, 268.11, and 268.12 that are mixed
radioactive/hazardous wastes, and soil or debris contaminated
with hazardous wastes listed in 40 CFR §§268.10, 268.11, and
268.12 that are mixed radioactive/hazardous wastes, are
prohibited from land disposal.
(e) Effective May 8, 1993, debris that is contaminated with
wastes listed in 40 CFR §§268.10, 268.11, and 268.12, and
debris that is contaminated with any characteristic waste for
which treatment standards are established in subpart D of this
part, are prohibited from land disposal.
(f) Between May 8, 1990 and August 8, 1990, the wastes included
in paragraph (a) of this section may be disposed of in a landfill
or surface impoundment only if such unit is in compliance with
the requirements specified in §268.5(h)(2).
(g) Between May 8, 1990 and November 8, 1990, wastes included in
paragraph (b) of this section may be disposed of in a landfill or
surface impoundment only if such unit is in compliance with the
requirements specified in §268.5(h)(2).
(h) Between May 8, 1990, and May 8, 1992, wastes included in
paragraphs (c), (d), and (e) of this section may be disposed of
in a landfill or surface impoundment only if such unit is in
compliance with the requirements specified in §268.5(h)(2).
(i) The requirements of paragraphs (a), (b), (c), (d), and (e) of
this section do not apply if:
(1) The wastes meet the applicable standards specified in subpart
D of this part;
(2) 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) The wastes meet the applicable alternate standards
established pursuant to a petition granted under §268.44;
(4) Persons have been granted an extension to the effective date
of a prohibition pursuant to §268.5, with respect to these
wastes covered by the extension.
(j) To determine whether a hazardous waste listed in §§268.10,
268.11, and 268.12 exceeds the applicable treatment standards
specified in §§268.41 and 268.43, the initial generator must
test a representative sample of the waste extract or the entire
waste, depending on whether the treatment standards are expressed
as concentrations in the waste extract or the waste, or the
generator may use knowledge of the waste. If the waste contains
constituents in excess of the applicable subpart D levels, the
waste is prohibited from land disposal, and all requirements of
Part 268 are applicable, except as otherwise specified.
(k) Effective May 8, 1993, D008 lead materials stored before
secondary smelting are prohibited from land disposal. On or
before March 1, 1993, the owner or operator of each secondary
lead smelting facility shall submit to EPA the following: A
binding contractual commitment to construct or otherwise provide
capacity for storing such D008 wastes prior to smelting which
complies with all applicable storage standards; documentation
that the capacity to be provided will be sufficient to manage the
entire quantity of such D008 wastes; and a detailed schedule for
providing such capacity. Failure by a facility to submit such
documentation shall render such D008 managed by that facility
prohibited from land disposal effective March 1, 1993. In
addition, no later than July 27, 1992 the owner or operator of
each facility must place in the facility record documentation of
the manner and location in which such wastes will be managed
pending completion of such capacity, demonstrating that such
management capacity will be adequate and complies with all
applicable subtitle C requirements.
(55 FR 22688, June 1, 1990, as amended at 56 FR 3878, Jan. 31,
1991; 57 FR 20770, May 15, 1992; 57 FR 28632, June 26, 1992)
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 minims 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
minims 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)