40 CFR PART 268 -- LAND DISPOSAL RESTRICTIONS

§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)


Appendices to Part 268

(a) Except as provided in this section, the storage of hazardous wastes restricted from land disposal under subpart C of this part of RCRA section 3004 is prohibited, unless the following conditions are met:

(1) A generator stores such wastes in tanks or containers on-site solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and the generator complies with the requirements in §262.34 of this chapter. (A generator who is in existence on the effective date of a regulation under this part and who must store hazardous wastes for longer than 90 days due to the regulations under this Part becomes an owner/operator of a storage facility and must obtain a RCRA permit. Such a facility may qualify for interim status upon compliance with the regulations governing interim status under 40 CFR §270.70).

(2) An owner/operator of a hazardous waste treatment, storage, or disposal facility stores such wastes in tanks or containers solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and:

(i) Each container is clearly marked to identify its contents and the date each period of accumulation begins;

(ii) Each tank is clearly marked with a description of its contents, the quantity of each hazardous waste received, and the date each period of accumulation begins, or such information for each tank is recorded and maintained in the operating record at that facility. Regardless of whether the tank itself is marked, an owner/operator must comply with the operating record requirements specified in §264.73 or §265.73.

(3) A transporter stores manifested shipments of such wastes at a transfer facility for 10 days or less.

(b) An owner/operator of a treatment, storage or disposal facility may store such wastes for up to one year unless the Agency can demonstrate that such storage was not solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal.

(c) A owner/operator of a treatment, storage or disposal facility may store such wastes beyond one year; however, the owner/operator bears the burden of proving that such storage was solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal.

(d) If a generator's waste is exempt from a prohibition on the type of land disposal utilized for the waste (for example, because of an approved case-by-case extension under §268.5, an approved §268.6 petition, or a national capacity variance under subpart C), the prohibition in paragraph (a) of this section does not apply during the period of such exemption.

(e) The prohibition in paragraph (a) of this section does not apply to hazardous wastes that meet the treatment standards specified under §§268.41, 268.42, and 268.43 or the treatment standards specified under the variance in §268.44, or, where treatment standards have not been specified, is in compliance with the applicable prohibitions specified in §268.32 or RCRA section 3004.

(f) Liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 50 ppm must be stored at a facility that meets the requirements of 40 CFR 761.65(b) and must be removed from storage and treated or disposed as required by this part within one year of the date when such wastes are first placed into storage. The provisions of paragraph (c) of this section do not apply to such PCB wastes prohibited under §268.32 of this part.

(51 FR 40642, Nov. 7, 1986; 52 FR 21017, June 4, 1987, as amended at 52 FR 25791, July 8, 1987; 54 FR 36972, Sept. 6, 1989)


Appendix I to Part 268 -- Toxicity Characteristic Leaching Procedure (TCLP)

Note: The TCLP is published in appendix II of Part 261.

(55 FR 11876, Mar. 29, 1990)


Appendix II to Part 268 -- Treatment Standards (As Concentrations in the Treatment Residual Extract)

[Note: The technologies shown are the basis of the treatment standards. They are not required to be used in meeting the treatment standards)

TABLE/GRAPH OMITTED

(51 FR 40653, Nov. 7, 1986)


Appendix III to Part 268 -- List of Halogenated Organic Compounds Regulated Under §268.32

In determining the concentration of HOCs in a hazardous waste for purposes of the 268.32 land disposal prohibition, EPA has defined the that must be included in the calculation as any compounds having a carbon-halogen bond which are listed in this appendix (see §268.2). Appendix III to Part 268 consists of the following compounds:

Volatiles
Bromodichloromethane
Bromomethane
Carbon Tetrachloride
Chlorobenzene
2-Chloro-1,3-butadiene
Chlorodibromomethane
Chloroethane
2-Chloroethyl vinyl ether
Chloroform
Chloromethane
3-Chloropropene
1,2-Dibromo-3-chloropropane
1,2-Dibromomethane
Dibromomethane
Trans-1,4-Dichloro-2-butene
Dichlorodifluoromethane
1,1-Dichloroethane
1,2-Dichloroethane
1,1-Dichloroethylene
Trans-1,2-Dichloroethene
1,2-Dichloropropane
Trans-1,3-Dichloropropene
cis-1,3-Dichloropropene
Iodomethane
Methylene chloride
1,1,1,2-Tetrachloroethane
1,1,2,2-Tetrachloroethane
Tetrachloroethene
Tribromomethane
1,1,1-Trichloroethane
1,1,2-Trichloroethane
Trichloroethene
Trichloromonofluoromethane
1,2,3-Trichloropropane
Vinyl chloride

Semivolatiles
Bis(2-chloroethoxy)ethane
Bis(2-chloroethyl)ether
Bis(2-chloroisopropyl) ether
p-Chloroaniline
Chlorobenzilate
p-Chloro-m-cresol
2-Chloronaphthalene
2-Chlorophenol
3-Chloropropionitrile
m-Dichlorobenzene
o-Dichlorobenzene
p-Dichlorobenzene
3,3'-Dichlorobenzidine
2,4-Dichlorophenol
2,6-Dichlorophenol
Hexachlorobenzene
Hexachlorobutadiene
Hexachlorocyclopentadiene
Hexachloroethane
Hexachloroprophene
Hexachloropropene
4,4'-Methylenebis(2-chloroaniline)
Pentachlorobenzene
Pentachloroethane
Pentachloronitrobenzene
Pentachlorophenol
Pronamide
1,2,4,5-Tetrachlorobenzene
2,3,4,6-Tetrachlorophenol
1,2,4-Trichlorobenzene
2,4,5-Trichlorophenol
2,4,6-Trichlorophenol
Tris(2,3-dibromopropyl)phosphate

Organochlorine Pesticides
Aldrin
alpha-BHC
beta-BHC
delta-BHC
gamma-BHC
Chlordane
DDD
DDE
DDT
Dieldrin
Endosulfan I
Endosulfan II
Endrin
Endrin aldehyde
Heptachlor
Heptachlor epoxide
Isodrin
Kepone
Methoxyclor
Toxaphene
Phenoxyacetic Acid Herbicides
2,4-Dichlorophenoxyacetic acid
Silvex
2,4,5-T
PCBs
Aroclor 1016
Aroclor 1221
Aroclor 1232
Aroclor 1242
Aroclor 1248
Aroclor 1254
Aroclor 1260

PCBs not otherwise specified
Dioxins and Furans
Hexachlorodibenzo-p-dioxins
Hexachlorodibenzofuran
Pentachlorodibenzo-p-dioxins
Pentachlorodibenzofuran
Tetrachlorodibenzo-p-dioxins
Tetrachlorodibenzofuran
2,3,7,8-Tetrachlorodibenzo-p-dioxin

(52 FR 25791, July 8, 1987)


Appendix IV to Part 68 -- Organometallic Lab Packs

Hazardous waste with the following EPA Hazardous Waste Code No. may be placed in an "organometallic'' or "appendix IV lab pack:''

P001, P002, P003, P004, P005, P006, P007, P008, P009, P013, P014, P015, P016, P017, P018, P020, P021, P022, P023, P024, P026, P027, P028, P029, P030, P031, P033, P034, P036, P037, P038, P039, P040, P041, P042, P043, P044, P045, P046, P047, P048, P049, P050, P051, P054, P056, P057, P058, P059, P060, P062, P063, P064, P065, P066, P067, P068, P069, P070, P071, P072, P073, P074, P075, P077, P081, P082, P084, P085, P087, P088, P089, P092, P093, P094, P095, P096, P097, P098, P099, P101, P102, P103, P104, P105, P106, P108, P109, P110, P111, P112, P113, P114, P115, P116, P118, P119, P120, P121, P122, P123.

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, U028, 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, U058, U059, U060, U061, U062, U063, U064, U066, U067, U068, U069, U070, U071, U072, U073, U074, U075, U076, U077, U078, U079, U080, U081, U082, U083, U084, U085, U086, U087, U088, U089, U090, U091, U092, U093, U094, U095, U096, U097, U098, U099, U101, U102, U103, U105, U106, U107, 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, U136, U137, U138, U140, U141, U142, U143, U144, U145, U146, U147, U148, U149, U150, 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, U190, 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, U221, U222, U223, U225, U226, U227, U228, U234, U235, U236, U237, U238, U239, U240, U243, U244, U246, U247, U248, U249.

F001, F002, F003, F004, F005, F006, F010, F020, F021, F022, F023, F024, F025, F026, F027, F028, F039.

K001, K002, K008, K009, K010, K011, K013, K014, K015, K016, K017, K018, K019, K020, K021, K022, K023, K024, K025, K026, K027, K028, K029, K030, K031, K032, K033, K034, K035, K036, K037, K038, K039, K040, K041, K042, K043, K044, K045, K046, K047, K048, K049, K050, K051, K052, K060, K061, K069, K071, K073, K083, K084, K085, K086, K087, K093, K094, K095, K096, K097, K098, K099, K101, K102, K103, K104, K105, K113, K114, K115, K116.

D001, D002, D003, D004, D005, D006, D007, D008, D010, D011, D012, D013, D014, D015, D016, D017.

(56 FR 3911, Jan. 31, 1991)


Appendix V to Part 268 -- Organic Lab Packs

Hazardous waste with the following EPA Hazardous Waste Code No. may be placed in an "organic'' or "Appendix V'' lab pack:

P001, P002, P003, P004, P005, P007, P008, P009, P014, P016, P017, P018, P020, P021, P022, P023, P024, P026, P027, P028, P030, P031, P033, P034, P037, P039, P040, P041, P042, P043, P044, P045, P046, P047, P048, P049, P050, P051, P054, P057, P058, P059, P060, P062, P063, P064, P066, P067, P068, P069, P070, P071, P072, P075, P077, P081, P082, P084, P085, P088, P089, P093, P094, P095, P097, P098, P101, P102, P105, P106, P108, P109, P111, P112, P116, P118, P123.

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, U028, U029, U030, U031, U033, U034, U035, U036, U037, U038, U039, U041, U042, U043, U044, U045, U046, U047, U048, U049, U050, U052, U053, U055, U056, U057, U058, U059, U060, U061, U062, U063, U064, U066, U067, U068, U069, U070, U071, U072, U073, U074, U075, U076, U077, U078, U079, U080, U081, U082, U083, U084, U085, U086, U087, U088, U089, U090, U091, U092, U093, U094, U095, U096, U097, U098, U099, U101, U102, U103, U105, U106, U107, 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, U135, U137, U138, U140, U141, U142, U143, U147, U148, U149, U150, 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, U190, U191, U192, U193, U194, U196, U197, U200, U201, U202, U203, U206, U207, U208, U209, U210, U211, U213, U218, U219, U220, U221, U222, U223, U225, U226, U227, U228, U234, U235, U236, U237, U238, U239, U240, U243, U244, U246, U247, U248, U249.

F001, F002, F003, F004, F005, F010, F020, F021, F022, F023, F025, F026, F027, F028.

K009, K010, K011, K013, K014, K016, K017, K018, K019, K020, K023, K024, K025, K026, K027, K029, K030, K032, K033, K034, K035, K036, K037, K038, K039, K040, K041, K042, K043, K044, K045, K047, K060, K073, K085, K093, K094, K095, K096, K097, K098, K099, K103, K104, K105, K113, K114, K116. D001, D012, D013, D014, D015, D016, D017.

(56 FR 3912, Jan. 31, 1991)


Appendix VI to Part 268 -- Recommended Technologies to Achieve Deactivation of Characteristics in Section 268.42

The treatment standard for many subcategories of D001, D002, and D003 wastes as well as for K044, K045, and K047 wastes is listed in §268.42 simply as "Deactivation to remove the characteristics of ignitability, corrosivity, and reactivity''. EPA has determined that many technologies, when used alone or in combination, can achieve this standard. The following appendix presents a partial list of these technologies, utilizing the five letter technology codes established in 40 CFR §268.42 Table 1. Use of these specific technologies is not mandatory and does not preclude direct reuse, recovery, and/or the use of other pretreatment technologies provided deactivation is achieved and these alternative methods are not performed in units designated as land disposal.

TABLE/GRAPH OMITTED

TABLE/GRAPH OMITTED


Appendix VII to Part 268

Table 1. -- Effective Dates of Surface Disposed Wastes n-Soil and Debris) Regulated in the LDRsa -- Comprehensive List

TABLE/GRAPH OMITTED

Table 2. -- Summary of Effective Dates of Land Disposal Restrictions for Contaminated Soil and Debris (CSD)

TABLE/GRAPH OMITTED

Note: 1. Appendix VII is provided for the convenience of the reader.

2. Contaminated Soil and Debris Rule will be promulgated in the future.

(56 FR 3912, Jan. 31, 1991)


Appendix VIII to Part 268 National Capacity LDR Variances for UIC Wastes

TABLE/GRAPH OMITTED

Note: This table is provided for the convenience of the reader.

(56 FR 3920, Jan. 31, 1991)


Appendix IX to Part 268 -- Extraction Procedure (EP) Toxicity Test Method and Structural Integrity Test (SW-846, Method 1310A)

1.0 Scope and Application

1.1 This method is an interim method to determine whether a waste exhibits the characteristic of Extraction Procedure Toxicity.

1.2 The procedure may also be used to simulate the leaching which a waste may undergo if disposed of in a sanitary landfill. Method 1310 is applicable to liquid, solid, and multiphase samples.


2.0 Summary of Method

2.1 If a representative sample of the waste contains 0.5% solids, the solid phase of the sample is ground to pass a 9.5 mm sieve and extracted with deionized water which is maintained at a pH of 5 0.2, with acetic acid. Wastes that contain <0.5% filterable solids are, after filtering, considered to be the EP extract for this method. Monolithic wastes which can be formed into a cylinder 3.3 cm (dia) x 7.1 cm, or from which such a cylinder can be formed which is representative of the waste, may be evaluated using the Structural Integrity Procedure instead of being ground to pass a 9.5-mm sieve.


3.0 Interferences

3.1 Potential interferences that may be encountered during analysis are discussed in the individual analytical methods.


4.0 Apparatus and Materials

4.1 Extractor -- For purposes of this test, an acceptable extractor is one that will impart sufficient agitation to the mixture to (1) prevent stratification of the sample and extraction fluid and (2) ensure that all sample surfaces are continuously brought into contact with well-mixed extraction fluid. Examples of suitable extractors are shown in Figures 1-3 of this method and are available from: Associated Designs & Manufacturing Co., Alexandria, Virginia; Glass-Col Apparatus Co., Terre Haute, Indiana; Millipore, Bedford, Massachusetts; and Rexnard, Milwaukee, Wisconsin.

4.2 pH meter or pH controller -- Accurate to 0.05 pH units with temperature compensation.

4.3 Filter holder -- Capable of supporting a 0.45- m filter membrane and of withstanding the pressure needed to accomplish separation. Suitable filter holders range from simple vacuum units to relatively complex systems that can exert up to 5.3 kg/cm3 (75 psi) of pressure. The type of filter holder used depends upon the properties of the mixture to be filtered. Filter holders known to EPA and deemed suitable for use are listed in Table 1.

4.4 Filter membrane -- Filter membrane suitable for conducting the required filtration shall be fabricated from a material that (1) is not physically changed by the waste material to be filtered and (2) does not absorb or leach the chemical species for which a waste's EP extract will be analyzed. Table 2 lists filter media known to the agency to be suitable for solid waste testing.

4.4.1 In cases of doubt about physical effects on the filter, contact the filter manufacturer to determine if the membrane or the prefilter is adversely affected by the particular waste. If no information is available, submerge the filter in the waste's liquid phase. A filter that undergoes visible physical change after 48 hours (i.e., curls, dissolves, shrinks, or swells) is unsuitable for use.

4.4.2 To test for absorption or leaching by the filter:

4.4.2.1 Prepare a standard solution of the chemical species of interest.

4.4.2.2 Analyze the standard for its concentration of the chemical species.

4.4.2.3 Filter the standard and reanalyze. If the concentration of the filtrate differs from that of the original standard, then the filter membrane leaches or absorbs one or more of the chemical species and is not usable in this test method.

4.5 Structural integrity tester -- A device meeting the specifications shown in Figure 4 and having a 3.18-cm (1.25-in) diameter hammer weighing 0.33 kg (0.73 lb) with a free fall of 15.24 cm (6 in) shall be used. This device is available from Associated Design and Manufacturing Company, Alexandria, VA 22314, as Part No. 125, or it may be fabricated to meet these specifications.


5.0 Reagents

5.1 Reagent grade chemicals shall be used in all tests. Unless otherwise indicated, it is intended that all reagents shall conform to the specifications of the Committee on Analytical Reagents of the American Chemical Society, where such specifications are available. Other grades may be used, provided it is first ascertained that the reagent is of sufficiently high purity to permit its use without lessening the accuracy of the determination.

5.2 Reagent water. All references to water in this method refer to reagent water, as defined in Chapter One.

5.3 Acetic acid (0.5N), CH3COOH. This can be made by diluting concentrated glacial acetic acid (17.5N) by adding 57 ml glacial acetic acid to 1,000 ml of water and diluting to 2 liters. The glacial acetic acid must be of high purity and monitored for impurities.

5.4 Analytical standards should be prepared according to the applicable analytical methods.


6.0 Sample Collection, Preservation, and Handling

6.1 All samples must be collected using a sampling plan that addresses the considerations discussed in Chapter Nine of this manual.

6.2 Preservatives must not be added to samples.

6.3 Samples can be refrigerated if it is determined that refrigeration will not affect the integrity of the sample.

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