Part 268 - Land Disposal Restrictions
Subpart A - General
Section 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 these regulations, 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 under this part, are not prohibited if the wastes:
(i) Are disposed into a nonhazardous or hazardous injection well as defined under 40 CFR 144.6(a); and
(ii) Do not exhibit any prohibited characteristic of hazardous waste identified in Part 261, Subpart C at the point of injection.
(4) Wastes that are hazardous only because they exhibit a hazardous characteristic, and which are otherwise prohibited under this part, are not prohibited if the wastes meet any of the following criteria, unless the wastes are subject to a specified method of treatment other than DEACT in §268.40, or are D003 reactive cyanide:
(i) The wastes are managed in a treatment system which subsequently discharges to waters of the U.S. pursuant to a permit issued under Section 402 of the Clean Water Act; or
(ii) The wastes are treated for purposes of the pretreatment requirements of Section 307 of the Clean Water Act; or
(iii) The wastes are managed in a zero discharge system engaged in Clean Water Act-equivalent treatment as defined in §268.37(a); and
(iv)The wastes no longer exhibit a prohibited characteristic at the point of land disposal (i.e., placement in a surface impoundment).
(d) The requirements of this part shall not affect the availability of a waiver under §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 these regulations;
(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;
(4) De minimis losses of characteristic wastes to wastewaters are not considered to be prohibited wastes and are defined as losses 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 of process equipment, storage tanks or containers; leaks from well-maintained pump packings and seals; sample purgings; and relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; rinsate from empty containers or from containers that are rendered empty by that rinsing; and laboratory wastes not exceeding one per cent of the total flow of wastewater into the facility's headworks on an annual basis, or with a combined annualized average concentration not exceeding one part per million in the headworks of the facility's wastewater treatment or pretreatment facility.
(f) Universal waste handlers and universal waste transporters (as defined in 260.10) are exempt from 268.7 and 268.50 for the hazardous wastes listed below. These handlers are subject to regulation under Part 273.
(1) Batteries as described in §273.2 of these regulations;
(2)Pesticides as described in §273.3 of these regulations;
(3) Mercury-containing equipment as described in §273.4 of these regulations; and
(4) Lamps as described in §273.5 of these regulations.
(Amended June 19, 1992, August 1, 1995, July 23, 1996, August 21, 1997, January 1, 1999, June 2, 2000, August 21, 2006)
Section 268.2 Definitions applicable to 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 these regulations.
(c) "Land disposal" means placement in or on the land, except in a corrective action management unit or staging pile, 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 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).
(g) "Debris" means solid material exceeding a 60 mm particle size that is intended for disposal and that is: a manufactured object; or plant or animal matter; or natural geologic material. However, the following materials are not debris: any material for which a specific treatment standard is provided in Subpart D, Part 268, namely lead acid batteries, cadmium batteries, and radioactive lead solids; process residuals such as smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission residues; and intact containers of hazardous waste that are not ruptured and that retain at least 75% of their original volume. A mixture of debris that has not been treated to the standards provided by §268.45 and other material is subject to regulation as debris if the mixture is comprised primarily of debris, by volume, based on visual inspection.
(h) "Hazardous debris" means debris that contains a hazardous waste listed in Subpart D of Part 261 of these regulations, or that exhibits a characteristic of hazardous waste identified in Subpart C of Part 261 of these regulations. Any deliberate mixing of prohibited hazardous waste with debris that changes its treatment classification (i.e., from waste to hazardous debris) is not allowed under the dilution prohibition in §268.3.
(i)"Underlying hazardous constituent" means any constituent listed in §268.48, Table UTS - Universal Treatment Standards, except fluoride, selenium, sulfides, vanadium and zinc, which can reasonably be expected to be present at the point of generation of the hazardous waste at a concentration above the constituent-specific UTS treatment standards.
(j) "Inorganic metal-bearing waste" is one for which EPA has established treatment standards for metal hazardous constituents, and which does not otherwise contain significant organic or cyanide content as described in §268.3(c)(1), and is specifically listed in Appendix XI of this part.
(k) “Soil” means unconsolidated earth material composing the superficial geologic strata (material overlying bedrock), consisting of clay, silt, sand, or gravel size particles as classified by the U.S. Natural Resources Conservation Service, or a mixture of such materials with liquids, sludges or solids which is inseparable by simple mechanical removal processes and is made up primarily of soil by volume based on visual inspection. Any deliberate mixing of prohibited hazardous waste with soil that changes its treatment classification (i.e., from waste to contaminated soil) is not allowed under the dilution prohibition in §268.3.
(Amended August 1, 1995, July 23, 1996, January 1, 1999, August 23, 1999, June 2, 2000)
Section 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 treatment systems which include land-based units which treat 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 treat wastes in a CWA-equivalent treatment system, or which treat 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 other than DEACT has been specified in §268.40 as the treatment standard, or unless the waste is a D003 reactive cyanide wastewater or nonwastewater.
(c) Combustion of the hazardous waste codes listed in Appendix XI of this part is prohibited, unless the waste, at the point of generation, or after any bona fide treatment such as cyanide destruction prior to combustion, can be demonstrated to comply with one or more of the following criteria (unless otherwise specifically prohibited from combustion):
(1) The waste contains hazardous organic constituents or cyanide at levels exceeding the constituent-specific treatment standard found in §268.48;
(2)The waste consists of organic, debris-like materials (e.g., wood, paper, plastic, or cloth) contaminated with an inorganic metal-bearing hazardous waste;
(3) The waste, at point of generation, has reasonable heating value such as greater than or equal to 5000 BTU per pound;
(4) The waste is co-generated with wastes for which combustion is a required method of treatment;
(5) The waste is subject to Federal and/or State requirements necessitating reduction of organics (including biological agents); or
(6) The waste contains greater than 1% Total Organic Carbon (TOC).
(d) It is a form of impermissible dilution, and therefore prohibited, to add iron filings or other metallic forms of iron to lead-containing hazardous wastes in order to achieve any land disposal restriction treatment standard for lead. Lead-containing wastes include D008 wastes (wastes exhibiting a characteristic due to the presence of lead), all characteristic wastes containing lead as an underlying hazardous constituent, listed wastes containing lead as a regulated constitutent, and hazardous media containing any of the aforementioned lead-containing wastes.
(Amended August 1, 1995, January 1, 1999, August 23, 1999)
Section 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 (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 federal law pursuant to the HSWA of 1984; residues which are from the treatment of wastes prohibited from land disposal under Subpart C of this part or imposed by federal law pursuant to the provisions of the HSWA of 1984; or residues from managing listed wastes which are not delisted under §260.22 of these regulations. 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.
(3) The impoundment meets the design requirements of §264.221(a) or §265.221(c) of these regulations, 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 265 of these regulations unless:
(i) Exempted pursuant to §264.221(d) or (e) of these regulations, or to §265.221(c) or (d) of these regulations or,
(ii)Upon application by the owner or operator, the Secretary, 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 Secretary, after notice and an opportunity to comment, has granted a modification to the requirements on the basis of a demonstration 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 Secretary a written certification that the requirements of §268.4(a)(3) have been met. The following certification is required:
I certify under penalty of law that the requirements of §268.4(a)(3) of these regulations 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.
(Amended August 21, 1997, January 1, 1999, August 23, 1999)
Section 268.5 Procedures for Case-by-Case Extensions to an Effective Date
(a) Any person who generates, treats, stores, or disposes of a hazardous waste may submit an application to the Regional Administrator for an extension to the effective date of any applicable restriction established under RCRA 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 RCRA 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 RCRA 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 am 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 Regional Administrator may request any additional information which he deems as necessary to evaluate the application.
(d) An extension will 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 Regional Administrator may grant an extension of up to 1 year from the effective date. The Regional 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 Regional 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 Regional 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 Regional 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 Regional 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 Regional 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 these regulations.
(h) Whenever the Regional 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 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 these regulations; 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 40 CFR; or
(iii) The surface impoundment, if in interim status, is in compliance with the requirements of Subpart F of Part 265, §265.221(a), (c), and (d) of these regulations, and RCRA §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 40 CFR; or
(v) The surface impoundment, if newly subject to RCRA §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 40 CFR 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 40 CFR 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 §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 40 CFR 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 these regulations 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 DRGHW, 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.
(Amended August 1, 1995, August 21, 1997)
Section 268.6 Petitions to allow land disposal of a waste prohibited under Subpart C, Part 268.
(a) Any person seeking an exemption from a prohibition under Subpart C of this part for the disposal of a restricted hazardous waste in a particular unit or units must submit a petition to the Administrator demonstrating, to a reasonable degree of certainty, that there will be no migration of hazardous constituents from the disposal unit or injection zone for as long as the wastes remain hazardous. The demonstration must include the following components:
(1) An identification of the specific waste and the specific unit for which the demonstration will be made;
(2) A waste analysis to describe fully the chemical and physical characteristics of the subject waste;
(3) A comprehensive characterization of the disposal unit site including an analysis of background air, soil, and water quality;
(4) A monitoring plan that detects migration at the earliest practicable time;
(5) Sufficient information to assure the Administrator that the owner or operator of a land disposal unit receiving restricted waste(s) will comply with other applicable Federal, State, and local laws.
(b) The demonstration referred to in paragraph (a) of this section must meet the following criteria:
(1) All waste and environmental sampling, test, and analysis data must be accurate and reproducible to the extent that state-of-the-art techniques allow;
(2) All sampling, testing, and estimation techniques for chemical and physical properties of the waste and all environmental parameters must have been approved by the Administrator;
(3) Simulation models must be calibrated for the specific waste and site conditions, and verified for accuracy by comparison with actual measurements;
(4) A quality assurance and quality control plan that addresses all aspects of the demonstration must be approved by the Administrator; and,
(5) An analysis must be performed to identify and quantify any aspects of the demonstration that contribute significantly to uncertainty. This analysis must include an evaluation of the consequences of predictable future events, including, but not limited to, earthquakes, floods, severe storm events, droughts, or other natural phenomena.
(c) Each petition referred to in paragraph (a) of this section must include the following:
(1) A monitoring plan that describes the monitoring program installed at and/or around the unit to verify continued compliance with the conditions of the variance. This monitoring plan must provide information on the monitoring of the unit and/or the environment around the unit. The following specific information must be included in the plan:
(i) The media monitored in the cases where monitoring of the environment around the unit is required;
(ii)The type of monitoring conducted at the unit, in the cases where monitoring of the unit is required;
(iii) The location of the monitoring stations;
(iv) The monitoring interval (frequency of monitoring at each station);
(v) The specific hazardous constituents to be monitored;
(vi) The implementation schedule for the monitoring program;
(vii) The equipment used at the monitoring stations;
(viii) The sampling and analytical techniques employed; and
(ix) The data recording/reporting procedures.
(2) Where applicable, the monitoring program described in paragraph (c)(1) of this section must be in place for a period of time specified by the Administrator, as part of his approval of the petition, prior to receipt of prohibited waste at the unit.
(3) The monitoring data collected according to the monitoring plan specified under paragraph (c)(1) of this section must be sent to the Administrator according to a format and schedule specified and approved in the monitoring plan, and
(4) A copy of the monitoring data collected under the monitoring plan specified under paragraph (c)(1) of this section must be kept on-site at the facility in the operating record.
(5) The monitoring program specified under paragraph (c)(1) of this section meets the following criteria:
(i) All sampling, testing, and analytical data must be approved by the Administrator and must provide data that is accurate and reproducible.
(ii) All estimation and monitoring techniques must be approved by the Administrator.
(iii) A quality assurance and quality control plan addressing all aspects of the monitoring program must be provided to and approved by the Administrator.
(d)Each petition must be submitted to the Administrator.
(e)After a petition has been approved, the owner or operator must report any changes in conditions at the unit and/or the environment around the unit that significantly depart from the conditions described in the variance and affect the potential for migration of hazardous constituents from the units as follows:
(1) If the owner or operator plans to make changes to the unit design, construction, or operation, such a change must be proposed, in writing, and the owner or operator must submit a demonstration to the Administrator at least 30 days prior to making the change. The Administrator will determine whether the proposed change invalidates the terms of the petition and will determine the appropriate response. Any change must be approved by the Administrator prior to being made.
(2) If the owner or operator discovers that a condition at the site which was modeled or predicted in the petition does not occur as predicted, this change must be reported, in writing, to the Administrator within 10 days of discovering the change. The Administrator will determine whether the reported change from the terms of the petition requires further action, which may include termination of waste acceptance and revocation of the petition, petition modifications, or other responses.
(f) If the owner or operator determines that there is migration of hazardous constituent(s) from the unit, the owner or operator must:
(1)Immediately suspend receipt of prohibited waste at the unit, and
(2) Notify the Administrator, in writing, within 10 days of the determination that a release has occurred.
(3) Following receipt of the notification the Administrator will determine, within 60 days of receiving notification, whether the owner or operator can continue to receive prohibited waste in the unit and whether the variance is to be revoked. The Administrator shall also determine whether further examination of any migration is warranted under applicable provisions of Part 264 or Part 265.
(g)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 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.
(h) After receiving a petition, the Administrator may request any additional information that reasonably may be required to evaluate the demonstration.
(i) If approved, the petition will apply to land disposal of the specific restricted waste at the individual disposal unit described in the demonstration and will not apply to any other restricted waste at that disposal unit, or to that specific restricted waste at any other disposal unit.
(j) 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 petition will be published in the Federal Register.
(k) The term of a petition granted under this section shall be no longer than the term of the RCRA permit if the disposal unit is operating under a RCRA permit, or up to a maximum of 10 years from the date of approval provided under paragraph (g) of this section if the unit is operating under interim status. In either case, the term of the granted petition shall expire upon the termination or denial of a RCRA permit, or upon the termination of interim status or when the volume limit of waste to be land disposed during the term of petition is reached.
(l) Prior to the Administrator's decision, 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.
(m)The petition granted by the Administrator does not relieve the petitioner of his responsibilities in the management of hazardous waste under these regulations.
(n) Liquid hazardous wastes containing polychlorinated biphenyls at concentrations greater than or equal to 500 ppm are not eligible for an exemption under this section.
Section 268.7 Testing, tracking, and recordkeeping requirements for generators, treaters, and disposal facilities.
(a) Requirements for generators:
(1) A generator of hazardous waste must determine if the waste has to be treated before it can be land disposed. This is done by determining if the hazardous waste meets the treatment standards in §§ 268.40, 268.45, or 268.49. This determination can be made in either of two ways: testing the waste or using knowledge of the waste. If the generator tests the waste, testing would normally determine the total concentration of hazardous constituents, or the concentration of hazardous constituents in an extract for the waste obtained using test method 1311 in “Test Methods of Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, as referenced in §260.11 of these regulations, depending on whether the treatment standard for the waste is expressed as a total concentration or concentration of hazardous constituent in the waste’s extract. In addition, some hazardous wastes must be treated by particular treatment methods before they can be land disposed and some soils are contaminated by such hazardous wastes. These treatment standards are also found in §268.40, and are described in detail in 40 CFR §268.42, Table 1. These wastes, and soils contaminated with such wastes, do not need to be tested (however, if they are in a waste mixture, other wastes with concentration level treatment standards would have to be tested). If a generator determines they are managing a waste or soil contaminated with a waste, that displays a hazardous characteristic of ignitability, corrosivity, reactivity, or toxicity, they must comply with the special requirements of §268.9 of this part in addition to any applicable requirements in this section.
(2) If the waste or contaminated soil does not meet the treatment standard: With the initial shipment of waste to each treatment or storage facility, the generator must send a one-time written notice to each treatment or storage facility receiving the waste, and place a copy in the file. The notice must include the information in column “268.7(a)(2)” of the Generator Paperwork Requirements Table in §268.7(a)(4). No further notification is necessary until such time that the waste or facility change, in which case a new notification must be sent and a copy placed in the generator's file.
(i) For contaminated soil, the following certification statement should be included, signed by an authorized reporesentative:
I certify under penalty of law that I personally have examined this contaminated soil and it [does/does not] contain listed hazardous waste and [does/does not] exhibit a characteristic of hazarodus waste and requires treatment to meet the soil treatment standards as provided by §268.49(c).
(ii) [Reserved]
(3) If the waste or contaminated soil meets the treatment standard at the original point of generation:
(i)With the initial shipment of waste to each treatment, storage, or disposal facility, the generator must send a one-time written notice to each treatment, storage, or disposal facility receiving the waste, and place a copy in the file. The notice must include the information indicated in column "268.7(a)(3)" of the Generator Paperwork Requirements Table in §268.7(a)(4) and the following certification statement, signed by an authorized representative:
I certify under penalty of law that I personally have examined and am familiar with the waste through analysis and testing or through knowledge of the waste to support this certification that the waste complies with the treatment standards specified in Part 268, Subpart D. I believe that the information I submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting a false certification, including the possibility of a fine and imprisonment.
(ii) For contaminated soil, with the initial shipment of wastes to each treatment, storage, or disposal facility, the generator must send a one-time written notice to each facility receiving the waste and place a copy in the file. The notice must include the information in column “§268.7(a)(3)” of the Generator Paperwork Requirements Table in §268.7(a)(4).
(iii) If the waste changes, the generator must send a new notice and certification to the receiving facility, and place a copy in their files. Generators of hazardous debris excluded from the definition of hazardous waste under §261.3(f) of these regulations are not subject to these requirements.
(4) For reporting, tracking and recordkeeping when exceptions allow certain wastes or contaminated soil that do not meet the treatment standards to be land disposed: There are certain exemptions from the requirement that hazardous wastes or contaminated soil meet treatment standards before they can be land disposed. These include, but are not limited to case-by-case extensions under §268.5, disposal in a no-migration unit under §268.6, or a national capacity variance or case-by-case capacity variance under Subpart C of this part. If a generator's waste is so exempt, then with the initial shipment of waste, the generator must send a one-time written notice to each land disposal facility receiving the waste. The notice must include the information indicated in column "268.7(a)(4)" of the Generator Paperwork Requirements Table below. If the waste changes, the generator must send a new notice to the receiving facility, and place a copy in their files.
Generator Paperwork Requirements Table
Require information |
§268.7 (a)(2) |
§268.7 (a)(3) |
§268.7 (a)(4) |
§268.7 (a)(9) |
1. EPA Hazardous Waste Numbers and Manifest number of first shipment. |
3 |
3 |
3 |
3 |
2. Statement: this waste is not prohibited from land disposal. |
3 |
|||
3. The waste is subject to the LDRs. The constituents of concern for F001-F005, and F039, and underlying hazardous constituents in characteristic wastes, unless the waste will be treated and monitored for all constituents. If all constituents will be treated and monitored, there is no need to put them all on the LDR notice. |
3 |
3 |
||
4. The notice must include the applicable wastewater/nonwastewater category (see §§ 268.2(d) and (f)) and subdivisions made within a waste code based on waste-specific criteria (such as D003 reactive cyanide). |
3 |
3 |
||
5. Waste analysis data (when available). |
3 |
3 |
3 |
|
6. Date the waste is subject to the prohibition. |
3 |
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7. For hazardous debris, when treating with the alternative treatment technologies provided by §268.45: the contaminants subject to treatment, as described in §268.45(b); and an indication that these contaminants are being treated to comply with §268.45. |
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8. For contaminated soil subject to LDRs as provided in §268.49(a), the constituents subject to treatment as described in §268.49(d), and the following statement: This contaminated soil [does/does not] contain listed hazardous waste and [does/does not] exhibit a characteristic of hazardous waste and [is subject to/complies with] the soil treatment standards as provided by §268.49(c) or the universal treatment standards. |
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9. A certification is needed (see applicable section for exact wording). |
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(5) If a generator is managing and treating prohibited waste or contaminated soil in tanks, containers, or containment buildings regulated under §262.34 to meet applicable LDR treatment standards found at §268.40, the generator must develop and follow a written waste analysis plan which describes the procedures they will carry out to comply with the treatment standards. (Generators treating hazardous debris under the alternative treatment standards of Table 1, §268.45, however, are not subject to these waste analysis requirements.) The plan must be kept on site in the generator's records, and the following requirements must be met:
(i) The waste analysis plan must be based on a detailed chemical and physical analysis of a representative sample of the prohibited waste(s) being treated, and contain all information necessary to treat the waste(s) in accordance with the requirements of this part, including the selected testing frequency.
(ii) Such plan must be kept in the facility's on-site files and made available to inspectors.
(iii) Wastes shipped off-site pursuant to this paragraph must comply with the notification requirements of §268.7(a)(3).
(6)If a generator determines that the waste or contaminated soil is restricted based solely on his knowledge of the waste, all supporting data used to make this determination must be retained on-site in the generator’s files. If a generator determines that the waste is restricted based on testing this waste or an extract developed using the test method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as referenced in §260.11 of these regulations, and all waste analysis data must be retained on-site in the generator's files.
(7) If a generator determines that he is managing a prohibited waste that is excluded from the definition of hazardous or solid waste or is exempted from regulation under §261.2 through §261.6 subsequent to the point of generation (including deactivated characteristic hazardous wastes managed in wastewater treatment systems subject to the Clean Water Act (CWA) as specified at §261.4(a)(2) or that are CWA-equivalent, or are managed in an underground injection well regulated by the SDWA), he must place a one-time notice describing such generation, subsequent exclusion from the definition of hazardous or solid waste or exemption from RCRA Subtitle C regulation, and the disposition of the waste, in the facility's on-site files.
(8) Generators must retain on-site a copy of all notices, certifications, waste analysis data, and other documentation produced pursuant to this section for at least three years from the date that the waste that is the subject of such documentation was last sent to on-site or off-site treatment, storage, or disposal. In the event that a new notice, certification, waste analysis data or other information is sent to a receiving facility, the superseded information must be retained in the generator’s files for at least three years after the date of the new information. The three year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Secretary. The requirements of this paragraph apply to solid wastes even when the hazardous characteristic is removed prior to disposal, or when the waste is excluded from the definition of hazardous or solid waste under §§ 261.2 through 261.6, or exempted from regulation, subsequent to the point of generation.
(9)If a generator is managing a lab pack containing hazardous wastes and wishes to use the alternative treatment standard for lab packs found at §268.42(c):
(i) With the initial shipment of waste to a treatment facility, the generator must submit a notice that provides the information in column "§268.7(a)(9)" in the Generator Paperwork Requirements Table of paragraph (a)(4) of this section, and the following certification. The certification, which must be signed by an authorized representative and must be placed in the generator's files, must say the following:
I certify under penalty of law that I personally have examined and am familiar with the waste and that the lab pack contains only wastes that have not been excluded under Appendix IV to Part 268 and that this lab pack will be sent to a combustion facility in compliance with the alternative treatment standards for lab packs at §268.42(c). I am aware that there are significant penalties for submitting a false certification, including the possibility of fine or imprisonment.
(ii) No further notification is necessary until such time that the wastes in the lab pack change, or the receiving facility changes, in which case a new notice and certification must be sent and a copy placed in the generator's file.
(iii) If the lab pack contains characteristic hazardous wastes (D001-D043), underlying hazardous constituents (as defined in §268.2(i)) need not be determined.
(iv) The generator must also comply with the requirements in paragraphs (a)(6) and (a)(7) of this section.
(10) Small quantity generators with tolling agreements pursuant to §262.20(e) must comply with the applicable notification and certification requirements of paragraph (a) of this section for the initial shipment of the waste subject to the agreement. Such generators must retain on-site a copy of the notification and certification, together with the tolling agreement, for at least three years after termination or expiration of the agreement. The three-year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Secretary.
(b) Treatment facilities must test their wastes according to the frequency specified in their waste analysis plans as required by §264.13 (for permitted TSDs) or §265.13 (for interim status facilities). Such testing must be performed as provided in paragraphs (b)(1), (b)(2) and (b)(3) of this section.
(1) For wastes or contaminated soil with treatment standards expressed in the waste extract (TCLP), the owner or operator of the treatment facility must test an extract of the treatment residues, using test method 1311 (the Toxicity Characteristic Leaching Procedure, described in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846 as incorporated by reference in §260.11 of these regulations) to assure that the treatment residues extract meet the applicable treatment standards.
(2) For wastes or contaminated soil with treatment standards expressed as concentrations in the waste, the owner or operator of the treatment facility must test the treatment residues (not an extract of such residues) to assure that they meet the applicable treatment standards.
(3) A one-time notice must be sent with the initial shipment of waste or contaminated soil to the land disposal facility. A copy of the notice must be placed in the treatment facility's file.
(i) No further notification is necessary until such time that the waste or receiving facility change, in which case a new notice must be sent and a copy placed in the treatment facility's file.
(ii) The one-time notice must include these requirements:
Treatment Facility Paperwork Requirements Table
Required information |
§268.7(b) |
1. EPA Hazardous Waste Numbers and Manifest Number of first shipment. |
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2. The waste is subject to the LDRs. The constituents of concern for F001-F005, and F039, and underlying hazardous constituents in characteristic wastes, unless the waste will be treated and monitored for all constituents. If all constituents will be treated and monitored, there is no need to put them all on the LDR notice. |
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3. The notice must include the applicable wastewater/nonwastewater category (see §§ 268.2(d) and (f)) and subdivisions made within a waste code based on waste-specific criteria (such as D003 reactive cyanide) |
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4. Waste analysis data (when available) |
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5. For contaminated soil subject to LDRs as provided in §268.49(a), the constituents subject to treatment as described in §268.49(d) and the following statement, “this contaminated soil [does/does not] contain listed hazardous waste and [does/does not] exhibit “this characteristic of hazardous waste and [is subject to/complies with] the soil treatment standards as provided by §268.49(c)". |
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6. A certification statement is needed (see applicable section for exact wording). |
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(4) The treatment facility must submit a one-time certification signed by an authorized representative with the initial shipment of waste or treatment residue of a restricted waste to the land disposal facility. A certification is also necessary for contaminated soil and it must state:
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 believe that it has been maintained and operated properly so as to comply with treatment standards specified in §268.49 without impermissible dilution of the prohibited waste. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.
(i)A copy of the certification must be placed in the treatment facility's on-site files. If the waste or treatment residue changes, or the receiving facility changes, a new certification must be sent to the receiving facility, and a copy placed in the file.
(ii) Debris excluded from the definition of hazardous waste under §261.3(f) of these regulations (i.e., debris treated by an extraction or destruction technology provided by Table 1, §268.45, and debris that the Secretary has determined does not contain hazardous waste), however, is subject to the notification and certification requirements of paragraph (d) of this section rather than the certification requirements of this paragraph.
(iii) For wastes with organic constituents having treatment standards expressed as concentration levels, if compliance with the treatment standards is based in whole or in part on the analytical detection limit alternative specified in §268.40(d), the certification, signed by an authorized representative, must state the following:
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. Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the nonwastewater organic constituents have been treated by combustion units as specified in §268.42, Table 1. I have been unable to detect the nonwastewater organic constituents, despite having used best good-faith efforts to analyze for such constituents. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.
(iv)For characteristic wastes that are subject to the treatment standards in §268.40 (other than those expressed as a method of treatment), or §268.49, and that contain underlying hazardous constituents as defined in §268.2(i); if these wastes are treated on-site to remove the hazardous characteristic; and are then sent off-site for treatment of underlying hazardous constituents, the certification must state the following:
I certify under penalty of law that the waste has been treated in accordance with the requirements of §268.40 or §268.49 to remove the hazardous characteristic. This decharacterized waste contains underlying hazardous constituents that require further treatment to meet treatment standards. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.
(v) For characteristic wastes that contain underlying hazardous constituents as defined §268.2(i) that are treated on-site to remove the hazardous characteristic to treat underlying hazardous constituents to levels in §268.48 Universal Treatment Standards, the certification must state the following:
I certify under penalty of law that the waste has been treated in accordance with the requirements of §268.40 to remove the hazardous characteristic and that underlying hazardous constituents, as defined in §268.2(i) have been treated on-site to meet the §268.48 Universal Treatment Standards. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.
(5)If the waste or treatment residue will be further managed at a different treatment, storage, or disposal facility, the treatment, storage, or disposal facility sending the waste or treatment residue off-site must comply with the notice and certification requirements applicable to generators under this section.
(6) Where the wastes are recyclable materials used in a manner constituting disposal subject to the provisions of §266.20(b) regarding treatment standards and prohibition levels, the owner or operator of a treatment facility (i.e., the recycler) is not required to notify the receiving facility, pursuant to paragraph (b)(3) of this section. With each shipment of such wastes the owner or operator of the recycling facility must submit a certification described in paragraph (b)(4) of this section, and a notice which includes the information listed in paragraph (b)(3) of this section (except the manifest number) to the Secretary, or his delegated representative. The recycling facility also must keep records of the name and location of each entity receiving the hazardous waste-derived product.
(7) Where the wastes are recyclable materials used in a manner constituting disposal subject to the provisions of §266.20(b) regarding treatment standards and prohibition levels, the owner or operator of a treatment facility (i.e., the recycler) is not required to notify the receiving facility, pursuant to paragraph (b)(4) of this section. With each shipment of such wastes the owner or operator of the recycling facility must submit a certification described in paragraph (b)(5) of this section, and a notice which includes the information listed in paragraph (b)(4) of this section (except the manifest number) to the Secretary, or his delegated representative. The recycling facility also must keep records of the name and location of each entity receiving the hazardous waste-derived product.
(c) Except where the owner or operator is disposing of any waste that is a recyclable material used in a manner constituting disposal pursuant to §266.20(b), the owner or operator of any land disposal facility disposing any waste subject to restrictions under this part must:
(1) Have copies of the notice and certifications specified in paragraph (a) or (b) of this section.
(2) Test the waste, or an extract of the waste or treatment residue developed using test method 1311 (the Toxicity Characteristic Leaching Procedure, described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 as incorporated by reference in §260.11 of these regulations), to assure that the wastes or treatment residues are in compliance with the applicable treatment standards set forth in Subpart D of this part. Such testing must be performed according to the frequency specified in the facility's waste analysis plan as required by §264.13 or §265.13 of these regulations.
(d) Generators or treaters who first claim that hazardous debris is excluded from the definition of hazardous waste under §261.3(f) of these regulations (i.e., debris treated by an extraction or destruction technology provided by Table 1, §268.45, and debris that the Secretary has determined does not contain hazardous waste) are subject to the following notification and certification requirements:
(1)A one-time notification, including the following information, must be submitted to the EPA Regional hazardous waste management division director (or his designated representative) or State authorized to implement part 268 requirements:
(i)The name and address of the Subtitle D facility receiving the treated debris;
(ii) A description of the hazardous debris as initially generated, including the applicable EPA Hazardous Waste Number(s); and
(iii) For debris excluded under §261.3(f)(1) of these regulations, the technology from Table 1, §268.45, used to treat the debris.
(2) The notification must be updated if the debris is shipped to a different facility, and, for debris excluded under §261.3(f)(1) of these regulations, if a different type of debris is treated or if a different technology is used to treat the debris.
(3) For debris excluded under §261.3(f)(1) of these regulations, the owner or operator of the treatment facility must document and certify compliance with the treatment standards of Table 1, §268.45, as follows:
(i) Records must be kept of all inspections, evaluations, and analyses of treated debris that are made to determine compliance with the treatment standards;
(ii) Records must be kept of any data or information the treater obtains during treatment of the debris that identifies key operating parameters of the treatment unit; and
(iii) For each shipment of treated debris, a certification of compliance with the treatment standards must be signed by an authorized representative and placed in the facility's files. The certification must state the following: "I certify under penalty of law that the debris has been treated in accordance with the requirements of §268.45. I am aware that there are significant penalties for making a false certification, including the possibility of fine and imprisonment."
(e) Generators and treaters who first receive from EPA or DNREC a determination that a given contaminated soil subject to LDRs as provided in §268.49(a) no longer contains a listed hazardous waste and generators and treaters who first determine that a contaminated soil subject to LDRs as provided in §268.49(a) no longer exhibits a characteristic of hazardous waste must:
(1) Prepare a one-time only documentation of these determinations including all supporting information; and,
(2)Maintain that information in the facility files and other records for a minimum of three years.
(Amended August 1, 1995, July 23, 1996, August 21, 1997, January 1, 1999, August 23, 1999, June 2, 2000, April 23, 2001)
Section 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 nonwastewaters 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 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, except for those facilities discussed in paragraph (f) of this section. 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 than December 31.
(1) The notification must include the following information:
(i) For characteristic wastes other than those managed on site in a wastewater treatment system subject to the Clean Water Act (CWA), zero-dischargers engaged in CWA-equivalent treatment, or Class I nonhazardous injection wells, the name and address of the 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.
(iii) The treatment standards applicable to the waste at the point of generation.
(2) The certification must be signed by an authorized representative and must state the language found in §268.7(b)(4).
(i) If treatment removes the characteristic but does not meet standards applicable to underlying hazardous constituents, then the certification found in §268.7(b)(4)(iv) applies.
(ii)[Reserved]
(3) For characteristic wastes whose ultimate disposal will be into a Class I nonhazardous injection well, and compliance with the treatment standards found in §268.48 for underlying hazardous constituents is achieved through pollution prevention that meets the criteria set out at 40 CFR 148.1(d), the following information must also be included:
(i) A description of the pollution prevention mechanism and when it was implemented if already complete;
(ii)The mass of each underlying hazardous constituent before pollution prevention;
(iii) The mass of each underlying hazardous constituent that must be removed, adjusted to reflect variations in mass due to normal operating conditions; and
(iv) The mass reduction of each underlying hazardous constituent that is achieved.
(e)For decharacterized wastes managed on-site in a wastewater treatment system subject to the Clean Water Act (CWA) or zero-dischargers engaged in CWA-equivalent treatment, compliance with the treatment standards found at §268.48 must be monitored quarterly, unless the treatment is aggressive biological treatment, in which case compliance must be monitored annually. Monitoring results must be kept in on-site files for 5 years.
(f) For decharacterized wastes managed on-site in a wastewater treatment system subject to the Clean Water Act (CWA) for which all underlying hazardous constituents (as defined in §268.2), are addressed by a CWA permit, this compliance must be documented and this documentation must be kept in on-site files.
(g) For characteristic wastes whose ultimate disposal will be into a Class I nonhazardous injection well which qualifies for the de minimis exclusion described in §268.1, information supporting that qualification must be kept in on-site files.
(Amended August 1, 1995, July 23, 1996, August 21, 1997, January 1, 1999, June 2, 2000)
Subpart B – Schedule for Land Disposal Prohibition and Establishment of Treatment Standards
Sections 268.10 - 268.12 [Reserved]
Section 268.13 Schedule for wastes identified or listed after November 8, 1984.
In the case of any hazardous waste identified or listed under §3001 after November 8, 1984, the Administrator shall make a land disposal prohibition determination within 6 months after the date of identification or listing.
(Amended August 21, 1997)
Section 268.14 Surface impoundment exemptions.
(a)This section defines additional circumstances under which an otherwise prohibited waste may continue to be placed in a surface impoundment.
(b) Wastes which are newly identified or listed under §3001 after November 8, 1984, and stored in a surface impoundment that is newly subject to Subtitle C of RCRA as a result of the additional identification or listing, may continue to be stored in the surface impoundment for 48 months after the promulgation of the additional listing or characteristic, notwithstanding that the waste is otherwise prohibited from land disposal, provided that the surface impoundment is in compliance with the requirements of Subpart F of Part 265 of these regulations within 12 months after promulgation of the new listing or characteristic.
(c) Wastes which are newly identified or listed under §3001 after November 8, 1984, and treated in a surface impoundment that is newly subject to Subtitle C of RCRA as a result of the additional identification or listing, may continue to be treated in that surface impoundment, notwithstanding that the waste is otherwise prohibited from land disposal, provided that surface impoundment is in compliance with the requirements of Subpart F of Part 265 of these regulations within 12 months after the promulgation of the new listing or characteristic. In addition, if the surface impoundment continues to treat hazardous waste after 48 months from promulgation of the additional listing or characteristic, it must then be in compliance with §268.4.
(Amended August 1, 1995)
Subpart C - Prohibitions on Land Disposal
Section 268.20 Waste Specific Prohibitions--Dyes and/or Pigments Productions Wastes.
(a) Effective August 23, 2005, the waste specified in part 261 as EPA Hazardous Waste Number K181, and soil and debris contaminated with this waste, radioactive wastes mixed with this waste, and soil and debris contaminated with radioactive wastes mixed with this waste are prohibited from land disposal.
(b) The requirements of paragraph (a) of this section do not apply if:
(1) The wastes meet the applicable treatment 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 treatment standards established pursuant to a petition granted under §268.44;
(4) Hazardous debris has met the treatment standards in §268.40 or the alternative treatment standards in §268.45; or
(5) 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.
(c) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in §268.40, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract of the waste, or the generator may use knowledge of the waste. If the waste contains regulated 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.
(Amended August 21, 2006)
Section 268.21 through 268.29 [Reserved]
Section 268.30 Waste specific prohibitions -- Solvent wastes.
(a) Effective August 11, 1997, the following wastes are prohibited from land disposal: the wastes specified in Part 261 as EPA Hazardous Waste Numbers F032, F034, and F035.
(b) Effective May 12, 1999, the following wastes are prohibited from land disposal: soil and debris contaminated with F032, F034, F035; and radioactive wastes mixed with EPA Hazardous Waste Numbers F032, F034, and F035.
(c) Between May 12, 1997 and May 12, 1999, soil and debris contaminated with F032, F034, F035; and radioactive waste mixed with F032, F034, and F035 may be disposed in a landfill or surface impoundment only if such unit is in compliance with the requirements specified in §268.5(h)(2) of this part.
(d) The requirements of paragraphs (a) and (b) of this section do not apply if:
(1) The wastes meet the applicable treatment 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 treatment standards established pursuant to a petition granted under §268.44; or
(4) 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.
(e) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in §268.40, the initial generator must test a 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 Universal Treatment Standard levels of §268.48 of this part, the waste is prohibited from land disposal, and all requirements of Part 268 are applicable, except as otherwise specified.
(Amended June 19, 1992, August 21, 1997, January 1, 1999)
Section 268.31 Waste specific prohibitions -- Dioxin-containing wastes.
(a) Effective November 8, 1988, the dioxin-containing wastes specified in §261.31 as EPA Hazardous Waste Nos. F020, F02l, F022, F023, F026, F027, and F028, are prohibited from land disposal unless the following condition applies:
(1) The F020-F023 and F026-F028 dioxin-containing waste is contaminated soil and debris resulting from a response action taken under §§104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or a corrective action taken under 7 Del. C., Chapter 63.
(b) Effective November 8, 1990, the F020-F023 and F026-F028 dioxin-containing wastes listed in paragraph (a)(1) of this section are prohibited from land disposal.
(c) Between November 8, 1988, and November 8, 1990, wastes included in paragraph (a)(1) of this section may be disposed in a landfill or surface impoundment only if such unit is in compliance with the requirements specified in §268.5(h)(2) and all other applicable requirements of Parts 264 and 265 of these regulations.
(d) The requirements of paragraphs (a) and (b) of this section do not apply if:
(1) The wastes meet the standards of 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; or
(3) 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.
(Amended June 19, 1992)
Section 268.33 Waste specific prohibitions – chlorinated aliphatic wastes.
(a) Effective May 8, 2001, the wastes specified in part 261 as EPA Hazardous Waste Numbers K174, and K175, soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal.
(b) The requirements of paragraph (a) of this section do not apply if:
(1) The wastes meet the applicable treatment 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 treatment standards established pursuant to a petition granted under §268.44;
(4) Hazardous debris has met the treatment standards in §268.40 or the alternative treatment standards in §268.45;
(5) 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.
(c) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in §268.40, the initial generator must test a 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 regulated constituents in excess of the applicable levels of subpart D of this part, the waste is prohibited from land disposal, and all requirements of part 268 are applicable, except as otherwise specified.
(d) Disposal of K175 wastes that have complied with all applicable §268.40 treatment standards must also be macroencapsulated in accordance with §268.45 Table 1 unless the waste is placed in:
(1) A Subtitle C monofill containing only K175 wastes that meet all applicable §268.40 treatment standards; or
(2) A dedicated Subtitle C landfill cell in which all other wastes being co-disposed are at pH≤6.0.
(Amended July 11, 2002)
Section 268.34 Waste specific prohibitions - toxicity characteristic metal wastes.
(a)Effective August 24, 1998, the following wastes are prohibited from land disposal: the wastes specified in Part 261 as EPA Hazardous Waste numbers D004 - D011 that are newly identified (i.e., wastes, soil, or debris identified as hazardous by the Toxic Characteristic Leaching Procedure but not the Extraction Procedure), and waste, soil, or debris from mineral processing operations that is identified as hazardous by the specifications at Part 261.
(b) Effective November 26, 1998, the following waste is prohibited from land disposal: Slag from secondary lead smelting which exhibits the Toxicity Characteristic due to the presence of one or more metals.
(c) Effective May 26, 2000, the following wastes are prohibited from land disposal: newly identified characteristic wastes from elemental phosphorus processing; radioactive wastes mixed with EPA Hazardous wastes D004 - D011 that are newly identified (i.e., wastes, soil, or debris identified as hazardous by the Toxic Characteristic Leaching Procedure but not the Extraction Procedure); or mixed with newly identified characteristic mineral processing wastes, soil, or debris.
(d) Between May 26, 1998 and May 26, 2000, newly identified characteristic wastes from elemental phosphorus processing, radioactive waste mixed with D004 - D011 wastes that are newly identified (i.e., wastes, soil, or debris identified as hazardous by the Toxic Characteristic Leaching Procedure but not the Extraction Procedure), or mixed with newly identified characteristic mineral processing wastes, soil, or debris may be disposed in a landfill or surface impoundment only if such unit is in compliance with the requirements specified in §268.5(h)(2) of this Part.
(e)The requirements of paragraphs (a) and (b) of this section do not apply if:
(1) The wastes meet the applicable treatment 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 treatment standards established pursuant to a petition granted under §268.44; or
(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.
(f) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in §268.40, the initial generator must test a 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 (including underlying hazardous constituents in characteristic wastes) in excess of the applicable Universal Treatment Standard levels of §268.48 of this Part, the waste is prohibited from land disposal, and all requirements of Part 268 are applicable, except as otherwise specified.
(Amended August 23, 1999)
Section 268.35 Waste specific prohibitions - petroleum refining wastes.
(a) Effective February 8, 1999, the wastes specified in §261 as EPA Hazardous Wastes Numbers K169, K170, K171, and K172, soils and debris contaminated with these wastes, radioactive wastes mixed with these hazardous wastes, and soils and debris contaminated with these radioactive mixed wastes, are prohibited from land disposal.
(b) The requirements of paragraph (a) of this section do not apply if:
(1) The wastes meet the applicable treatment 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 treatment standards established pursuant to a petition granted under §268.44;
(4) Hazardous debris that have met treatment standards in §268.40 or in the alternative treatment standards in §268.45; or
(5) 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.
(c) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in §268.40, the initial generator must test a 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 Universal Treatment Standard levels of §268.48 of this Part, the waste is prohibited from land disposal, and all requirements of Part 268 are applicable, except as otherwise specified.
Section 268.36 Waste specific prohibitions – inorganic chemical wastes
(a) Effective May 20, 2002, the wastes specified in Part 261 as EPA Hazardous Wastes Numbers K176, K177, and K178, and soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal.
(b)The requirements of paragraph (a) of this section do not apply if:
(1) The wastes meet the applicable treatment 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 treatment standards established pursuant to a petition granted under §268.44;
(4)Hazardous debris has met the treatment standards in §268.40 or the alternative treatment standards in §268.45; or
(5) 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.
(c) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in §268.40, the initial generator must test a 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 regulated constituents in excess of the applicable Subpart D levels, the waste is prohibited from land disposal, and all requirements of this Part are applicable, except as otherwise specified.
(Amended July 1, 2002)
Section 268.37 Waste specific prohibitions - ignitable and corrosive characteristic wastes whose treatment standards were vacated.
(a) Effective August 9, 1993, the wastes specified in §261.21 as D001 (and is not in the High TOC Ignitable Liquids Subcategory), and specified in §261.22 as D002, that are managed in systems other than those whose discharge is regulated under the Clean Water Act (CWA), or that inject in Class I deep wells regulated under the Safe Drinking Water Act (SDWA), or that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. CWA-equivalent treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or greater than these technologies.
(b) Effective February 10, 1994, the wastes specified in §261.21 as D001 (and is not in the High TOC Ignitable Liquids Subcategory), and specified in §261.22 as D002, that are managed in systems defined in 40 CFR 144.6(e) and 146.6(e) as Class V injection wells, that do not engage in CWA-equivalent treatment before injection, are prohibited from land disposal.
(Amended August 1, 1995)
Section 268.38 Waste specific prohibitions-newly identified organic toxicity characteristic wastes and newly listed coke by-product and chlorotoluene production wastes.
(a) Effective December 19, 1994, the wastes specified in §261.32 as Hazardous Waste numbers K141, K142, K143, K144, K145, K147, K148, K149, K150, and K151 are prohibited from land disposal. In addition, debris contaminated with Hazardous Waste numbers F037, F038, K107-K112, K117, K118, K123-K126, K131, K132, K136, U328, U353, U359, and soil and debris contaminated with D012-D043, K141-K145, and K147-K151 are prohibited from land disposal. The following wastes that are specified in §261.24, Table 1 as Hazardous Waste numbers: D012, D013, D014, D015, D016, D017, D018, D019, D020, D021, D022, D023, D024, D025, D026, D027, D028, D029, D030, D031, D032, D033, D034, D035, D036, D037, D038, D039, D040, D041, D042, D043 that are not radioactive, or that are managed in systems other than those whose discharge is regulated under the Clean Water Act (CWA), or that are zero dischargers that do not engage in CWA-equivalent treatment before ultimate land disposal, or that are injected in Class I deep wells regulated under the Safe Drinking Water Act (SDWA), are prohibited from land disposal. CWA-equivalent treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/ sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or better than these technologies.
(b) On September 19, 1996, radioactive wastes that are mixed with D018-D043 that are managed in systems other than those whose discharge is regulated under the Clean Water Act (CWA), or that inject in Class I deep wells regulated under the Safe Drinking Water Act (SDWA), or that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. CWA-equivalent treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/ sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or greater than these technologies. Radioactive wastes mixed with K141-K145, and K147-K151 are also prohibited from land disposal. In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal.
(c) Between December 19, 1994 and September 19, 1996, the wastes included in paragraphs (b) of this section may be disposed in a landfill or surface impoundment, only if such unit is in compliance with the requirements specified in §268.5(h)(2) of this part.
(d) The requirements of paragraphs (a), (b), and (c) of this section do not apply if:
(1)The wastes meet the applicable treatment 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 treatment 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.
(e) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in §268.40, the initial generator must test a 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.
(Amended July 23, 1996)
Section 268.39 Waste specific prohibitions--End-of-pipe CWA, CWA-equivalent, and Class I nonhazardous injection well treatment standards; spent aluminum potliners; and carbamate wastes.
(a) On July 8, 1996, the wastes specified in §261.32 as Hazardous Waste numbers K156-K159, and K161; and in §261.33 as Hazardous Waste numbers P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409-U411 are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal.
(b) On July 8, 1996, the wastes identified in §261.23 as D003 that are managed in systems other than those whose discharge is regulated under the Clean Water Act (CWA), or that inject in Class I deep wells regulated under the Safe Drinking Water Act (SDWA), or that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. This prohibition does not apply to unexploded ordnance and other explosive devices which have been the subject of an emergency response. (Such D003 wastes are prohibited unless they meet the treatment standard of DEACT before land disposal (see §268.40)).
(c) On September 21, 1998, the wastes specified in §261.32 as EPA Hazardous Waste number K088 are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal.
(d) On April 8, 1998, radioactive wastes mixed with K088, K156-K159, K161, P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409-U411 are prohibited from land disposal. In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal.
(e) Between July 8, 1996, and April 8, 1998, the wastes included in paragraphs (a), (c), and (d) of this section may be disposed in a landfill or surface impoundment, only if such unit is in compliance with the 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 treatment 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 treatment 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.
(g) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in §268.40, the initial generator must test a 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 this Part 268 are applicable, except as otherwise specified.
(Amended January 1, 1999)
Subpart D - Treatment Standards
Section 268.40 Applicability of treatment standards.
(a)A prohibited waste identified in the table "Treatment Standards for Hazardous Wastes" may be land disposed only if it meets the requirements found in the table. For each waste, the table identifies one of three types of treatment standard requirements:
(1) All hazardous constituents in the waste or in the treatment residue must be at or below the values found in the table for that waste ("total waste standards"); or
(2)The hazardous constituents in the extract of the waste or in the extract of the treatment residue must be at or below the values found in the table ("waste extract standards"); or
(3) The waste must be treated using the technology specified in the table ("technology standard"), which are described in detail in §268.42, Table 1-Technology Codes and Description of Technology-Based Standards.
(b) For wastewaters, compliance with concentration level standards is based on maximums for any one day, except for D004 through D011 wastes for which the previously promulgated treatment standards based on grab samples remain in effect. For all nonwastewaters, compliance with concentration level standards is based on grab sampling. For wastes covered by the waste extract standards, the test Method 1311, the Toxicity Characteristic Leaching Procedure found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, as incorporated by reference in §260.11, must be used to measure compliance. An exception is made for D004 and D008, for which either of two test methods may be used: Method 1311, or Method 1310, the Extraction Procedure Toxicity Test. For wastes covered by a technology standard, the wastes may be land disposed after being treated using that specified technology or an equivalent treatment technology approved by the Administrator under the procedures set forth in §268.42(b).
(c) 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.
(d) 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 the table "Treatment Standards for Hazardous Wastes" 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 Part 264, 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 (d)(1) of this section to treat the organic constituents; and
(3) The treatment or disposal facility may demonstrate compliance with organic constituents if good-faith analytical efforts achieve detection limits for the regulated organic constituents that do not exceed the treatment standards specified in this section by an order of magnitude.
(e) For characteristic wastes (D001-D043) that are subject to treatment standards in the following table “Treatment Standards for Hazardous Wastes,” and are not managed in a wastewater treatment system that is regulated under the Clean Water Act (CWA), that is CWA-equivalent, or that is injected into a Class I nonhazardous deep injection well, all underlying hazardous constituents (as defined in §268.2(i)) must meet Universal Treatment Standards, found in §268.48, Table Universal Treatment Standards, prior to land disposal as defined in §268.2(c) of this part.
(f)The treatment standards for F001-F005 nonwastewater constituents carbon disulfide, cyclohexanone, and/or methanol apply to wastes which contain only one, two, or three of these constituents. Compliance is measured for these constituents in the waste extract from test Method 1311, the Toxicity Characteristic Leaching Procedure found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, as incorporated by reference in §260.11. If the waste contains any of these three constituents along with any of the other 25 constituents found in F001-F005, then compliance with treatment standards for carbon disulfide, cyclohexanone, and/or methanol are not required.
(g) Between August 26, 1996 and March 4, 1999, the treatment standards for the wastes specified in §261.32 as Hazardous Waste numbers K156-K161; and in §261.33 as Hazardous Waste numbers P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U277-U280, U364-U367, U372, U373, U375-U379, U381-U387, U389-U396, U400-U404, U407, and U409-U411; and soil contaminated with these wastes; may be satisfied by either meeting the constituent concentrations presented in the table "Treatment Standards for Hazardous Wastes" in this section, or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST at §268.42 Table 1, for nonwastewaters; and, biodegradation as defined by the technology code BIODG, carbon adsorption as defined by the technology code CARBN, chemical oxidation as defined by the technology code CHOXD, or combustion as defined as technology code CMBST at §268.42 Table 1, for wastewaters.
(h) Prohibited D004-D011 mixed radioactive wastes and mixed radioactive listed wastes containing metal constituents, that were previously treated by stabilization to the treatment standards in effect at that time and then put into storage, do not have to be re-treated to meet treatment standards in this section prior to land disposal.
(i) [Reserved]
(j) Effective September 4, 1998, the treatment standards for the wastes specified in §261.33 as EPA Hazardous Waste numbers P185, P191, P192, P197, U364, U394, and U395 may be satisfied by either meeting the constituent concentrations presented in the table “Treatment Standards for Hazardous Wastes” in this section, or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST at §268.42 Table 1 of this part, for nonwastewaters; and, biodegradation as defined by the technology code BIODG, carbon adsorption as defined by the technology code CARBN, chemical oxidation as defined by the technology code CHOXD, or combustion as defined as technology code CMBST at §268.42 Table 1 of this part, for wastewaters.
Treatment Standards for Hazardous Wastes
Note: The treatment standards that heretofore appeared in tables in §§ 268.41, 268.42, and 268.43 of this part have been consolidated into the table "Treatment Standards for Hazardous Wastes" in this section.
|
TREATMENT STANDARDS FOR HAZARDOUS WASTES NOTE: NA means not applicable | |||||
|
WASTE CODE |
WASTE DESCRIPTION AND TREATMENT/REGULATORY SUBCATEGORY1 |
REGULATED HAZARDOUS CONSTITUENT |
WASTEWATERS |
NONWASTEWATERS | |
|
Common Name |
CAS2 Number |
Concentration3 in mg/L; or Technology Code4 |
Concentration5 in mg/kg unless noted as "mg/l TCLP"; or Technology Code4 | ||
D001 9 |
Ignitable Characteristic Wastes, except for the §261.21(a)(1) High TOC Subcategory. |
NA |
NA |
DEACT and meet §268.48 standards8; or RORGS; or CMBST |
DEACT and meet §268.48 standards8; or RORGS; or CMBST |
High TOC Ignitable Characteristic Liquids Subcategory based on §261.21(a)(1) - Greater than or equal to 10% total organic carbon. (Note: This subcategory consists of nonwastewaters only.) |
NA |
NA |
NA |
RORGS; CMBST; or POLYM | |
D002 9 |
Corrosive Characteristic Wastes. |
NA |
NA |
DEACT and meet §268.48 standards8 |
DEACT and meet §268.48 standards8 |
D002, D004, D005, D006, D007, D008, D009, D010, D011 |
Radioactive high level wastes generated during the reprocessing of fuel rods. (Note: This subcategory consists of nonwastewaters only.) |
Corrosivity (pH) |
NA |
NA |
HLVIT |
Arsenic |
7440-38-2 |
NA |
HLVIT | ||
Barium |
7440-39-3 |
NA |
HLVIT | ||
Cadmium |
7440-43-9 |
NA |
HLVIT | ||
Chromium (Total) |
7440-47-3 |
NA |
HLVIT | ||
Lead |
7439-92-1 |
NA |
HLVIT | ||
Mercury |
7439-97-6 |
NA |
HLVIT | ||
Selenium |
7782-49-2 |
NA |
HLVIT | ||
Silver |
7440-22-4 |
NA |
HLVIT | ||
D003 9 |
Reactive Sulfides Subcategory based on §261.23(a)(5). |
NA |
NA |
DEACT |
DEACT |
Explosives Subcategory based on §261.23(a)(6), (7), and (8). |
NA |
NA |
DEACT and meet §268.48 standards8 |
DEACT and meet 268.48 standards8 | |
Unexploded ordnance and other explosive devices which have been the subject of an emergency response. |
NA |
NA |
DEACT |
DEACT | |
Other Reactives Subcategory based on §261.23(a)(1). |
NA |
NA |
DEACT and meet §268.48 standards8 |
DEACT and meet §268.48 standards8 | |
Water Reactive Subcategory based on §261.23(a)(2), (3), and (4). (Note: This subcategory consists of nonwastewaters only.) |
NA |
NA |
NA |
DEACT and meet §268.48 standards8 | |
Reactive Cyanides Subcategory based on §261.23(a)(5). |
Cyanides (Total)7 |
57-12-5 |
Reserved |
590 | |
Cyanides (Amenable)7 |
57-12-5 |
0.86 |
30 | ||
D004 9 |
Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for arsenic based on the toxicity characteristic leaching procedure (TCLP) in SW846. |
Arsenic |
7440-38-2 |
1.4 and meet §268.48 standards8 |
5.0 mg/l TCLP and meet §268.48 standards8 |
D005 9 |
Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for barium based on the toxicity characteristic leaching procedure (TCLP) in SW846. |
Barium |
7440-39-3 |
1.2 and meet §268.48 standards8 |
21 mg/l TCLP and meet §268.48 standards8 |
D006 9 |
Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for cadmium based on the toxicity characteristic leaching procedure (TCLP) in SW846. |
Cadmium |
7440-43-9 |
0.69 and meet §268.48 standards8 |
0.11 mg/l TCLP and meet §268.48 standards8 |
Cadmium Containing Batteries Subcategory. (Note: This subcategory consists of nonwastewaters only.) |
Cadmium |
7440-43-9 |
NA |
RTHRM | |
Radioactively contaminated cadmium containing batteries. (Note: This subcategory consists of nonwastewaters only.) |
Cadmium |
7440-43-9 |
NA |
Macroencapsulation in accordance with §268.45. | |
D007 9 |
Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for chromium based on the toxicity characteristic leaching procedure (TCLP) in SW846. |
Chromium (Total) |
7440-47-3 |
2.77 and meet §268.48 standards8 |
0.60 mg/l TCLP and meet §268.48 standards8 |
D008 9 |
Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for lead based on the toxicity characteristic leaching procedure (TCLP) in SW846. |
Lead |
7439-92-1 |
0.69 and meet §268.48 standards8 |
0.75 mg/l TCLP and meet §268.48 standards8 |
Lead Acid Batteries Subcategory (Note: This standard only applies to lead acid batteries that are identified as RCRA hazardous wastes and that are not excluded elsewhere from regulation under the land disposal restrictions of 268 or exempted under other EPA regulations (see §266.80). This subcategory consists of nonwastewaters only.) |
Lead |
7439-92-1 |
NA |
RLEAD | |
Radioactive Lead Solids Subcategory (Note: these lead solids include, but are not limited to, all forms of lead shielding and other elemental forms of lead. These lead solids do not include treatment residuals such as hydroxide sludges, other wastewater treatment residuals, or incinerator ashes that can undergo conventional pozzolanic stabilization, nor do they include organo-lead materials that can be incinerated and stabilized as ash. This subcategory consists of nonwastewaters only.) |
Lead |
7439-92-1 |
NA |
MACRO | |
D009 9 |
Nonwastewaters that exhibit, or are expected to exhibit, the characteristic of toxicity for mercury based on the toxicity characteristic leaching procedure (TCLP) in SW846; and contain greater than or equal to 260 mg/kg total mercury that also contain organics and are not incinerator residues. (High Mercury-Organic Subcategory) |
Mercury |
7439-97-6 |
NA |
IMERC; OR RMERC |
Nonwastewaters that exhibit, or are expected to exhibit, the characteristic of toxicity for mercury based on the toxicity characteristic leaching procedure (TCLP) in SW846; and contain greater than or equal to 260 mg/kg total mercury that are inorganic, including incinerator residues and residues from RMERC. (High Mercury-Inorganic Subcategory) |
Mercury |
7439-97-6 |
NA |
RMERC | |
Nonwastewaters that exhibit, or are expected to exhibit, the characteristic of toxicity for mercury based on the toxicity characteristic leaching procedure (TCLP) in SW846; and contain less than 260 mg/kg total mercury and that are residues from RMERC only. (Low Mercury Subcategory) |
Mercury |
7439-97-6 |
NA |
0.20 mg/l TCLP and meet §268.48 standards8 | |
All other nonwastewaters that exhibit, or are expected to exhibit, the characteristic of toxicity for mercury based on the toxicity characteristic leaching procedure (TCLP) in SW846; and contain less than 260 mg/kg total mercury and that are not residues from RMERC. (Low Mercury Subcategory) |
Mercury |
7439-97-6 |
NA |
0.025 mg/l TCLP and meet §268.48 standards8 | |
All D009 wastewaters. |
Mercury |
7439-97-6 |
0.15 and meet §268.48 standards8 |
NA | |
Elemental mercury contaminated with radioactive materials. (Note: This subcategory consists of nonwastewaters only.) |
Mercury |
7439-97-6 |
NA |
AMLGM | |
Hydraulic oil contaminated with Mercury Radioactive Materials Subcategory. (Note: This subcategory consists of nonwastewaters only.) |
Mercury |
7439-97-6 |
NA |
IMERC | |
Radioactively contaminated mercury containing batteries. (Note: This subcategory consists of nonwastewaters only) |
Mercury |
7439-97-6 |
NA |
Macroencapsulation in accordance with §268.45. | |
D010 9 |
Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for selenium based on the toxicity characteristic leaching procedure (TCLP) in SW846. |
Selenium |
7782-49-2 |
0.82 and meet §268.48 standards8 |
5.7 mg/l TCLP and meet §268.48 standards8 |
D011 9 |
Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for silver based on the toxicity characteristic leaching procedure (TCLP) in SW846. |
Silver |
7440-22-4 |
0.43 and meet §268.48 standards8 |
0.14 mg/l TCLP and meet §268.48 standards8 |
Radioactively contaminated silver containing batteries. (Note: This subcategory consists of nonwastewaters only) |
Silver |
7440-22-4 |
NA |
Macroencapsulation in accordance with §268.45. | |
D012 9 |
Wastes that are TC for Endrin based on the TCLP in SW846 Method 1311. |
Endrin |
72-20-8 |
BIODG; or CMBST |
0.13 and meet §268.48 standards8 |
Endrin aldehyde |
7421-93-4 |
BIODG; or CMBST |
0.13 and meet §268.48 standards8 | ||
D013 9 |
Wastes that are TC for Lindane based on the TCLP in SW846 Method 1311. |
alpha-BHC |
319-84-6 |
CARBN; or CMBST |
0.066 and meet §268.48 standards8 |
beta-BHC |
319-85-7 |
CARBN; or CMBST |
0.066 and meet §268.48 standards8 | ||
delta-BHC |
319-86-8 |
CARBN; or CMBST |
0.066 and meet §268.48 standards8 | ||
gamma-BHC (Lindane) |
58-89-9 |
CARBN; or CMBST |
0.066 and meet §268.48 standards8 | ||
D014 9 |
Wastes that are TC for Methoxychlor based on the TCLP in SW846 Method 1311. |
Methoxychlor |
72-43-5 |
WETOX or CMBST |
0.18 and meet §268.48 standards8 |
D015 9 |
Wastes that are TC for Toxaphene based on the TCLP in SW846 Method 1311. |
Toxaphene |
8001-35-2 |
BIODG or CMBST |
2.6 and meet §268.48 standards8 |
D016 9 |
Wastes that are TC for 2,4-D (2,4-Dichlorophenoxyacetic acid) based on the TCLP in SW846 Method 1311. |
2,4-D (2,4-Dichlorophenoxyacetic acid) |
94-75-7 |
CHOXD, BIODG, or CMBST |
10 and meet §268.48 standards8 |
D017 9 |
Wastes that are TC for 2,4,5-TP (Silvex) based on the TCLP in SW846 Method 1311. |
2,4,5-TP (Silvex) |
93-72-1 |
CHOXD or CMBST |
7.9 and meet §268.48 standards8 |
D018 9 |
Wastes that are TC for Benzene based on the TCLP in SW846 Method 1311. |
Benzene |
71-43-2 |
0.14 and meet §268.48 standards8 |
10 and meet §268.48 standards8 |
D019 9 |
Wastes that are TC for Carbon tetrachloride based on the TCLP in SW846 Method 1311. |
Carbon tetrachloride |
56-23-5 |
0.057 and meet §268.48 standards8 |
6.0 and meet §268.48 standards8 |
D020 9 |
Wastes that are TC for Chlordane based on the TCLP in SW846 Method 1311. |
Chlordane (alpha and gamma isomers) |
57-74-9 |
0.0033 and meet §268.48 standards8 |
0.26 and meet §268.48 standards8 |
D021 9 |
Wastes that are TC for Chlorobenzene based on the TCLP in SW846 Method 1311. |
Chlorobenzene |
108-90-7 |
0.057 and meet §268.48 standards8 |
6.0 and meet §268.48 standards8 |
D022 9 |
Wastes that are TC for Chloroform based on the TCLP in SW846 Method 1311. |
Chloroform |
67-66-3 |
0.046 and meet §268.48 standards8 |
6.0 and meet §268.48 standards8 |
D023 9 |
Wastes that are TC for o-Cresol based on the TCLP in SW846 Method 1311. |
o-Cresol |
95-48-7 |
0.11 and meet §268.48 standards8 |
5.6 and meet §268.48 standards8 |
D024 9 |
Wastes that are TC for m-Cresol based on the TCLP in SW846 Method 1311. |
m-Cresol (difficult to distinguish from p-cresol) |
108-39-4 |
0.77 and meet '268.48 standards8 |
5.6 and meet §268.48 standards8 |
D025 9 |
Wastes that are TC for p-Cresol based on the TCLP in SW846 Method 1311. |
p-Cresol (difficult to distinguish from m-cresol) |
106-44-5 |
0.77 and meet §268.48 standards8 |
5.6 and meet §268.48 standards8 |
D026 9 |
Wastes that are TC for Cresols (Total) based on the TCLP in SW846 Method 1311. |
Cresol-mixed isomers (Cresylic acid)(sum of o-, m-, and p-cresol concentrations) |
1319-77-3 |
0.88 and meet §268.48 standards8 |
11.2 and meet §268.48 standards8 |
D027 9 |
Wastes that are TC for p-Dichlorobenzene based on the TCLP in SW846 Method 1311. |
p-Dichlorobenzene (1,4-Dichlorobenzene) |
106-46-7 |
0.090 and meet §268.48 standards8 |
6.0 and meet §268.48 standards8 |
D028 9 |
Wastes that are TC for 1,2-Dichloroethane based on the TCLP in SW846 Method 1311. |
1,2-Dichloroethane |
107-06-2 |
0.21 and meet §268.48 standards8 |
6.0 and meet §268.48 standards8 |
D029 9 |
Wastes that are TC for 1,1-Dichloroethylene based on the TCLP in SW846 Method 1311. |
1,1-Dichloroethylene |
75-35-4 |
0.025 and meet §268.48 standards8 |
6.0 and meet §268.48 standards8 |
D030 9 |
Wastes that are TC for 2,4-Dinitrotoluene based on the TCLP in SW846 Method 1311. |
2,4-Dinitrotoluene |
121-14-2 |
0.32 and meet §268.48 standards8 |
140 and meet §268.48 standards8 |
D031 9 |
Wastes that are TC for Heptachlor based on the TCLP in SW846 Method 1311. |
Heptachlor |
76-44-8 |
0.0012 and meet §268.48 standards8 |
0.066 and meet §268.48 standards8 |
Heptachlor epoxide |
1024-57-3 |
0.016 and meet §268.48 standards8 |
0.066 and meet §268.48 standards8 | ||
D032 9 |
Wastes that are TC for Hexachlorobenzene based on the TCLP in SW846 Method 1311. |
Hexachlorobenzene |
118-74-1 |
0.055 and meet §268.48 standards8 |
10 and meet §268.48 standards8 |
D033 9 |
Wastes that are TC for Hexachlorobutadiene based on the TCLP in SW846 Method 1311. |
Hexachlorobutadiene |
87-68-3 |
0.055 and meet §268.48 standards8 |
5.6 and meet §268.48 standards8 |
D034 9 |
Wastes that are TC for Hexachloroethane based on the TCLP in SW846 Method 1311. |
Hexachloroethane |
67-72-1 |
0.055 and meet §268.48 standards8 |
30 and meet §268.48 standards8 |
D035 9 |
Wastes that are TC for Methyl ethyl ketone based on the TCLP in SW846 Method 1311. |
Methyl ethyl ketone |
78-93-3 |
0.28 and meet §268.48 standards8 |
36 and meet §268.48 standards8 |
D036 9 |
Wastes that are TC for Nitrobenzene based on the TCLP in SW846 Method 1311. |
Nitrobenzene |
98-95-3 |
0.068 and meet §268.48 standards8 |
14 and meet §268.48 standards8 |
D037 9 |
Wastes that are TC for Pentachlorophenol based on the TCLP in SW846 Method 1311. |
Pentachlorophenol |
87-86-5 |
0.089 and meet §268.48 standards8 |
7.4 and meet §268.48 standards8 |
D038 9 |
Wastes that are TC for Pyridine based on the TCLP in SW846 Method 1311. |
Pyridine |
110-86-1 |
0.014 and meet §268.48 standards8 |
16 and meet §268.48 standards8 |
D039 9 |
Wastes that are TC for Tetrachloroethylene based on the TCLP in SW846 Method 1311. |
Tetrachloroethylene |
127-18-4 |
0.056 and meet §268.48 standards8 |
6.0 and meet §268.48 standards8 |
D040 9 |
Wastes that are TC for Trichloroethylene based on the TCLP in SW846 Method 1311. |
Trichloroethylene |
79-01-6 |
0.054 and meet §268.48 standards8 |
6.0 and meet §268.48 standards8 |
D041 9 |
Wastes that are TC for 2,4,5-Trichlorophenol based on the TCLP in SW846 Method 1311. |
2,4,5-Trichlorophenol |
95-95-4 |
0.18 and meet §268.48 standards8 |
7.4 and meet §268.48 standards8 |
D042 9 |
Wastes that are TC for 2,4,6-Trichlorophenol based on the TCLP in SW846 Method 1311. |
2,4,6-Trichlorophenol |
88-06-2 |
0.035 and meet §268.48 standards8 |
7.4 and meet §268.48 standards8 |
D043 9 |
Wastes that are TC for Vinyl chloride based on the TCLP in SW846 Method 1311. |
Vinyl chloride |
75-01-4 |
0.27 and meet §268.48 standards8 |
6.0 and meet §268.48 standards8 |
F001, F002, F003, F004, & F005 |
F001, F002, F003, F004 and/or F005 solvent wastes that contain any combination of one or more of the following spent solvents: acetone, benzene, n-butyl alcohol, carbon disulfide, carbon tetrachloride, chlorinated fluorocarbons, chlorobenzene, o-cresol, m-cresol, p-cresol, cyclohexanone, o-dichlorobenzene, 2-ethoxyethanol, ethyl acetate, ethyl benzene, ethyl ether, isobutyl alcohol, methanol, methylene chloride, methyl ethyl ketone, methyl isobutyl ketone, nitrobenzene, 2-nitropropane, pyridine, tetrachloroethylene, toluene, 1,1,1-trichloroethane, 1,1,2-trichloroethane, 1,1,2-trichloro-1,2,2-trifluoroethane, trichloroethylene, trichloromonofluoromethane, and/or xylenes [except as specifically noted in other subcategories]. See further details of these listings in §261.31 |
Acetone |
67-64-1 |
0.28 |
160 |
Benzene |
71-43-2 |
0.14 |
10 | ||
n-Butyl alcohol |
71-36-3 |
5.6 |
2.6 | ||
Carbon disulfide |
75-15-0 |
3.8 |
NA | ||
Carbon tetrachloride |
56-23-5 |
0.057 |
6.0 | ||
Chlorobenzene |
108-90-7 |
0.057 |
6.0 | ||
o-Cresol |
95-48-7 |
0.11 |
5.6 | ||
m-Cresol (difficult to distinguish from p-cresol) |
108-39-4 |
0.77 |
5.6 | ||
p-Cresol (difficult to distinguish from m-cresol) |
106-44-5 |
0.77 |
5.6 | ||
Cresol-mixed isomers (Cresylic acid) (sum of o-, m-, and p-cresol concentrations) |
1319-77-3 |
0.88 |
11.2 | ||
Cyclohexanone |
108-94-1 |
0.36 |
NA | ||
o-Dichlorobenzene |
95-50-1 |
0.088 |
6.0 | ||
Ethyl acetate |
141-78-6 |
0.34 |
33 | ||
Ethyl benzene |
100-41-4 |
0.057 |
10 | ||
Ethyl ether |
60-29-7 |
0.12 |
160 | ||
Isobutyl alcohol |
78-83-1 |
5.6 |
170 | ||
Methanol |
67-56-1 |
5.6 |
NA | ||
Methylene chloride |
75-9-2 |
0.089 |
30 | ||
Methyl ethyl ketone |
78-93-3 |
0.28 |
36 | ||
Methyl isobutyl ketone |
108-10-1 |
0.14 |
33 | ||
Nitrobenzene |
98-95-3 |
0.068 |
14 | ||
Pyridine |
110-86-1 |
0.014 |
16 | ||
Tetrachloroethylene |
127-18-4 |
0.056 |
6.0 | ||
Toluene |
108-88-3 |
0.080 |
10 | ||
1,1,1-Trichloroethane |
71-55-6 |
0.054 |
6.0 | ||
1,1,2-Trichloroethane |
79-00-5 |
0.054 |
6.0 | ||
1,1,2-Trichloro-1,2,2-trifluoroethane |
76-13-1 |
0.057 |
30 | ||
Trichloroethylene |
79-01-6 |
0.054 |
6.0 | ||
Trichloromonofluoromethane |
75-69-4 |
0.020 |
30 | ||
Xylenes-mixed isomers (sum of o-, m-, and p-xylene concentrations) |
1330-20-7 |
0.32 |
30 | ||
F003 and/or F005 solvent wastes that contain any combination of one or more of the following three solvents as the only listed F001-5 solvents: carbon disulfide, cyclohexanone, and/or methanol. (formerly §268.41(c)) |
Carbon disulfide |
75-15-0 |
3.8 |
4.8 mg/l TCLP | |
Cyclohexanone |
108-94-1 |
0.36 |
0.75 mg/l TCLP | ||
Methanol |
67-56-1 |
5.6 |
0.75 mg/l TCLP | ||
F005 solvent waste containing 2-Nitropropane as the only listed F001-5 solvent. |
2-Nitropropane |
79-46-9 |
(WETOX or CHOXD) fb CARBN; or CMBST |
CMBST | |
F005 solvent waste containing 2-Ethoxyethanol as the only listed F001-5 solvent. |
2-Ethoxyethanol |
110-80-5 |
BIODG: or CMBST |
CMBST | |
|
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. |
Cadmium |
7440-43-9 |
0.69 |
0.11 mg/l TCLP |
Chromium (Total) |
7440-47-3 |
2.77 |
0.60 mg/l TCLP | ||
Cyanides (Total)7 |
57-12-5 |
1.2 |
590 | ||
Cyanides (Amenable)7 |
57-12-5 |
0.86 |
30 | ||
Lead |
7439-92-1 |
0.69 |
0.75 mg/l TCLP | ||
Nickel |
7440-02-0 |
3.98 |
11 mg/l TCLP | ||
Silver |
7440-22-4 |
NA |
0.14 mg/l TCLP | ||
F007 |
Spent cyanide plating bath solutions from electroplating operations. |
Cadmium |
7440-43-9 |
NA |
0.11 mg/l TCLP |
Chromium (Total) |
7440-47-3 |
2.77 |
0.60 mg/l TCLP | ||
Cyanides (Total)7 |
57-12-5 |
1.2 |
590 | ||
Cyanides (Amenable)7 |
57-12-5 |
0.86 |
30 | ||
Lead |
7439-92-1 |
0.69 |
0.75 mg/l TCLP | ||
Nickel |
7440-02-0 |
3.98 |
11 mg/l TCLP | ||
Silver |
7440-22-4 |
NA |
0.14 mg/l TCLP | ||
F008 |
Plating bath residues from the bottom of plating baths from electroplating operations where cyanides are used in the process. |
Cadmium |
7440-43-9 |
NA |
0.11 mg/l TCLP |
Chromium (Total) |
7440-47-3 |
2.77 |
0.60 mg/l TCLP | ||
Cyanides (Total)7 |
57-12-5 |
1.2 |
590 | ||
Cyanides (Amenable)7 |
57-12-5 |
0.86 |
30 | ||
Lead |
7439-92-1 |
0.69 |
0.75 mg/l TCLP | ||
Nickel |
7440-02-0 |
3.98 |
11 mg/l TCLP | ||
Silver |
7440-22-4 |
NA |
0.14 mg/l TCLP | ||
F009 |
Spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process. |
Cadmium |
7440-43-9 |
NA |
0.11 mg/l TCLP |
Chromium (Total) |
7440-47-3 |
2.77 |
0.60 mg/l TCLP | ||
Cyanides (Total)7 |
57-12-5 |
1.2 |
590 | ||
Cyanides (Amenable)7 |
57-12-5 |
0.86 |
30 | ||
Lead |
7439-92-1 |
0.69 |
0.75 mg/l TCLP | ||
Nickel |
7440-02-0 |
3.98 |
11 mg/l TCLP | ||
Silver |
7440-22-4 |
NA |
0.14 mg/l TCLP | ||
F010 |
Quenching bath residues from oil baths from metal heat treating operations where cyanides are used in the process. |
Cyanides (Total)7 |
57-12-5 |
1.2 |
590 |
Cyanides (Amenable)7 |
57-12-5 |
0.86 |
NA | ||
F011 |
Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations. |
Cadmium |
7440-43-9 |
NA |
0.11 mg/l TCLP |
Chromium (Total) |
7440-47-3 |
2.77 |
0.60 mg/l TCLP | ||
Cyanides (Total)7 |
57-12-5 |
1.2 |
590 | ||
Cyanides (Amenable)7 |
57-12-5 |
0.86 |
30 | ||
Lead |
7439-92-1 |
0.69 |
0.75 mg/l TCLP | ||
Nickel |
7440-02-0 |
3.98 |
11 mg/l TCLP | ||
Silver |
7440-22-4 |
NA |
0.14 mg/l TCLP | ||
F012 |
Quenching wastewater treatment sludges from metal heat treating operations where cyanides are used in the process. |
Cadmium |
7440-43-9 |
NA |
0.11 mg/l TCLP |
Chromium (Total) |
7440-47-3 |
2.77 |
0.60 mg/l TCLP | ||
Cyanides (Total)7 |
57-12-5 |
1.2 |
590 | ||
Cyanides (Amenable)7 |
57-12-5 |
0.86 |
30 | ||
Lead |
7439-92-1 |
0.69 |
0.75 mg/l TCLP | ||
Nickel |
7440-02-0 |
3.98 |
11 mg/l TCLP | ||
Silver |
7440-22-4 |
NA |
0.14 mg/l TCLP | ||
F019 |
Wastewater treatment sludges from the chemical conversion coating of aluminum except from zirconium phosphating in aluminum can washing when such phosphating is an exclusive conversion coating process. |
Chromium (Total) |
7440-47-3 |
2.77 |
0.60 mg/l TCLP |
Cyanides (Total)7 |
57-12-5 |
1.2 |
590 | ||
Cyanides (Amenable)7 |
57-12-5 |
0.86 |
30 | ||
F020, F021, F022, F023, F026 |
Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production or manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of: (1) tri- or tetrachlorophenol, or of intermediates used to produce their pesticide derivatives, excluding wastes from the production of Hexachlorophene from highly purified 2,4,5-trichlorophenol (F020); (2) pentachlorophenol, or of intermediates used to produce its derivatives (i.e., F021); (3) tetra-, penta-, or hexachlorobenzenes under alkaline conditions (i.e., F022); and from the production of materials on equipment previously used for the production or manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of: (1) tri- or tetrachlorophenols, excluding wastes from equipment used only for the production of Hexachlorophene from highly purified 2,4,5-trichlorophenol (F023); (2) tetra-, penta-, or hexachlorobenzenes under alkaline conditions (i.e., F026). |
HxCDDs (All Hexachlorodibenzo-p-dioxins) |
NA |
0.000063 |
0.001 |
HxCDFs (All Hexachlorodibenzofurans) |
NA |
0.000063 |
0.001 | ||
PeCDDs (All Pentachlorodibenzo-p-dioxins) |
NA |
0.000063 |
0.001 | ||
PeCDFs (All Pentachlorodibenzofurans) |
NA |
0.000035 |
0.001 | ||
Pentachlorophenol |
87-86-5 |
0.089 |
7.4 | ||
TCDDs (All Tetrachlorodibenzo-p-dioxins) |
NA |
0.000063 |
0.001 | ||
TCDFs (All Tetrachlorodibenzofurans) |
NA |
0.000063 |
0.001 | ||
2,4,5-Trichlorophenol |
95-95-4 |
0.18 |
7.4 | ||
2,4,6-Trichlorophenol |
88-06-2 |
0.035 |
7.4 | ||
2,3,4,6-Tetrachlorophenol |
58-90-2 |
0.030 |
7.4 | ||
F024 |
Process wastes, including but not limited to, distillation residues, heavy ends, tars, and reactor clean-out wastes, from the production of certain chlorinated aliphatic hydrocarbons by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from one to and including five, with varying amounts and positions of chlorine substitution. (This listing does not include wastewaters, wastewater treatment sludges, spent catalysts, and wastes listed in §261.31 or §261.32.). |
All F024 wastes |
NA |
CMBST11 |
CMBST11 |
2-Chloro-1,3-butadiene |
126-99-8 |
0.057 |
0.28 | ||
3-Chloropropylene |
107-05-1 |
0.036 |
30 | ||
1,1-Dichloroethane |
75-34-3 |
0.059 |
6.0 | ||
1,2-Dichloroethane |
107-06-2 |
0.21 |
6.0 | ||
1,2-Dichloropropane |
78-87-5 |
0.85 |
18 | ||
cis-1,3-Dichloropropylene |
10061-01-5 |
0.036 |
18 | ||
trans-1,3-Dichloropropylene |
10061-02-6 |
0.036 |
18 | ||
bis(2-Ethylhexyl) phthalate |
117-81-7 |
0.28 |
28 | ||
Hexachloroethane |
67-72-1 |
0.055 |
30 | ||
Chromium (Total) |
7440-47-3 |
2.77 |
0.60 mg/l TCLP | ||
Nickel |
7440-02-0 |
3.98 |
11 mg/l TCLP | ||
F025 |
Condensed light ends from the production of certain chlorinated aliphatic hydrocarbons, by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from one to and including five, with varying amounts and positions of chlorine substitution. F025 - Light Ends Subcategory |
Carbon tetrachloride |
56-23-5 |
0.057 |
6.0 |
Chloroform |
67-66-3 |
0.046 |
6.0 | ||
1,2-Dichloroethane |
107-06-2 |
0.21 |
6.0 | ||
1,1-Dichloroethylene |
75-35-4 |
0.025 |
6.0 | ||
Methylene chloride |
75-9-2 |
0.089 |
30 | ||
1,1,2-Trichloroethane |
79-00-5 |
0.054 |
6.0 | ||
Trichloroethylene |
79-01-6 |
0.054 |
6.0 | ||
Vinyl chloride |
75-01-4 |
0.27 |
6.0 | ||
Spent filters and filter aids, and spent desiccant wastes from the production of certain chlorinated aliphatic hydrocarbons, by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from one to and including five, with varying amounts and positions of chlorine substitution. F025 - Spent Filters/Aids and Desiccants Subcategory |
Carbon tetrachloride |
56-23-5 |
0.057 |
6.0 | |
Chloroform |
67-66-3 |
0.046 |
6.0 | ||
Hexachlorobenzene |
118-74-1 |
0.055 |
10 | ||
Hexachlorobutadiene |
87-68-3 |
0.055 |
5.6 | ||
Hexachloroethane |
67-72-1 |
0.055 |
30 | ||
Methylene chloride |
75-9-2 |
0.089 |
30 | ||
1,1,2-Trichloroethane |
79-00-5 |
0.054 |
6.0 | ||
Trichloroethylene |
79-01-6 |
0.054 |
6.0 | ||
Vinyl chloride |
75-01-4 |
0.27 |
6.0 | ||
F027 |
Discarded unused formulations containing tri-, tetra-, or pentachlorophenol or discarded unused formulations containing compounds derived from these chlorophenols. (This listing does not include formulations containing hexachlorophene synthesized from prepurified 2,4,5-trichlorophenol as the sole component.). |
HxCDDs (All Hexachlorodibenzo-p-dioxins) |
NA |
0.000063 |
0.001 |
HxCDFs (All Hexachlorodibenzofurans) |
NA |
0.000063 |
0.001 | ||
PeCDDs (All Pentachlorodibenzo-p-dioxins) |
NA |
0.000063 |
0.001 | ||
PeCDFs (All Pentachlorodibenzofurans) |
NA |
0.000035 |
0.001 | ||
Pentachlorophenol |
87-86-5 |
0.089 |
7.4 | ||
TCDDs (All Tetrachlorodibenzo-p-dioxins) |
NA |
0.000063 |
0.001 | ||
TCDFs (All Tetrachlorodibenzofurans) |
NA |
0.000063 |
0.001 | ||
2,4,5-Trichlorophenol |
95-95-4 |
0.18 |
7.4 | ||
2,4,6-Trichlorophenol |
88-06-2 |
0.035 |
7.4 | ||
2,3,4,6-Tetrachlorophenol |
58-90-2 |
0.030 |
7.4 | ||
F028 |
Residues resulting from the incineration or thermal treatment of soil contaminated with EPA Hazardous Wastes Nos. F020, F021, F023, F026, and F027. |
HxCDDs (All Hexachlorodibenzo-p-dioxins) |
NA |
0.000063 |
0.001 |
HxCDFs (All Hexachlorodibenzofurans) |
NA |
0.000063 |
0.001 | ||
PeCDDs (All Pentachlorodibenzo-p-dioxins) |
NA |
0.000063 |
0.001 | ||
PeCDFs (All Pentachlorodibenzofurans) |
NA |
0.000035 |
0.001 | ||
Pentachlorophenol |
87-86-5 |
0.089 |
7.4 | ||
TCDDs (All Tetrachlorodibenzo-p-dioxins) |
NA |
0.000063 |
0.001 | ||
TCDFs (All Tetrachlorodibenzofurans) |
NA |
0.000063 |
0.001 | ||
2,4,5-Trichlorophenol |
95-95-4 |
0.18 |
7.4 | ||
2,4,6-Trichlorophenol |
88-06-2 |
0.035 |
7.4 | ||
2,3,4,6-Tetrachlorophenol |
58-90-2 |
0.030 |
7.4 | ||
F032 |
Wastewaters (except those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that currently use or have previously used chlorophenolic formulations (except potentially cross-contaminated wastes that have had the F032 waste code deleted in accordance with §261.35 of these regulations or potentially cross-contaminated wastes that are otherwise currently regulated as hazardous wastes (i.e., F034 or F035), and where the generator does not resume or initiate use of chlorophenolic formulations). This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or penta-chlorophenol. |
Acenaphthene |
83-32-9 |
0.059 |
3.4 |
Anthracene |
120-12-7 |
0.059 |
3.4 | ||
Benz(a)anthracene |
56-55-3 |
0.059 |
3.4 | ||
Benzo(b)fluoranthene (difficult to distinguish from benzo(k)fluoranthene) |
205-99-2 |
0.11 |
6.8 | ||
Benzo(k)fluoranthene (difficult to distinguish from benzo(b)fluoranthene) |
207-08-9 |
0.11 |
6.8 | ||
Benzo(a)pyrene |
50-32-8 |
0.061 |
3.4 | ||
Chrysene |
218-01-9 |
0.059 |
3.4 | ||
Dibenz(a,h)anthracene |
53-70-3 |
0.055 |
8.2 | ||
2-4-Dimethyl phenol |
105-67-9 |
0.036 |
14 | ||
Fluorene |
86-73-7 |
0.059 |
3.4 | ||
Hexachlorodibenzo-p-dioxins |
NA |
0.000063, or CMBST11 |
0.001, or CMBST11 | ||
Hexachlorodibenzofurans |
NA |
0.000063, or CMBST11 |
0.001, or CMBST11 | ||
Indeno (1,2,3-c,d) pyrene |
193-39-5 |
0.0055 |
3.4 | ||
Naphthalene |
91-20-3 |
0.059 |
5.6 | ||
Pentachlorodibenzo-p-dioxins |
NA |
0.000063, or CMBST11 |
0.001, or CMBST11 | ||
Pentachlorodibenzofurans |
NA |
0.000035, or CMBST11 |
0.001, or CMBST11 | ||
Pentachlorophenol |
87-86-5 |
0.089 |
7.4 | ||
Phenanthrene |
85-01-8 |
0.059 |
5.6 | ||
Phenol |
108-95-2 |
0.039 |
6.2 | ||
Pyrene |
129-00-0 |
0.067 |
8.2 | ||
Tetrachlorodibenzo-p-dioxins |
NA |
0.000063, or CMBST11 |
0.001, or CMBST11 | ||
Tetrachlorodibenzofurans |
NA |
0.000063, or CMBST11 |
0.001, or CMBST11 | ||
2,3,4,6-Tetrachlorophenol |
58-90-2 |
0.030 |
7.4 | ||
2,4,6-Trichlorophenol |
88-06-2 |
0.035 |
7.4 | ||
Arsenic |
7440-38-2 |
1.4 |
5.0 mg/l TCLP | ||
Chromium (Total) |
7440-47-3 |
2.77 |
0.60 mg/l TCLP | ||
F034 |
Wastewaters (except those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use creosote formulations. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol. |
Acenaphthene |
83-32-9 |
0.059 |
3.4 |
Anthracene |
120-12-7 |
0.059 |
3.4 | ||
Benz(a)anthracene |
56-55-3 |
0.059 |
3.4 | ||
Benzo(b)fluoranthene (difficult to distinguish from benzo(k)fluoranthene) |
205-99-2 |
0.11 |
6.8 | ||
Benzo(k)fluoranthene (difficult to distinguish from benzo(b)fluoranthene) |
207-08-9 |
0.11 |
6.8 | ||
Benzo(a)pyrene |
50-32-8 |
0.061 |
3.4 | ||
Chrysene |
218-01-9 |
0.059 |
3.4 | ||
Dibenz(a,h)anthracene |
53-70-3 |
0.055 |
8.2 | ||
Fluorene |
86-73-7 |
0.059 |
3.4 | ||
Indeno (1,2,3-c,d) pyrene |
193-39-5 |
0.0055 |
3.4 | ||
Naphthalene |
91-20-3 |
0.059 |
5.6 | ||
Phenanthrene |
85-01-8 |
0.059 |
5.6 | ||
Pyrene |
129-00-0 |
0.067 |
8.2 | ||
Arsenic |
7440-38-2 |
1.4 |
5.0 mg/l TCLP | ||
Chromium (Total) |
7440-47-3 |
2.77 |
0.60 mg/l TCLP | ||
F035 |
Wastewaters (except those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes processes generated at plants that use inorganic preservatives containing arsenic or chromium. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol. |
Arsenic |
7440-38-2 |
1.4 |
5.0 mg/l TCLP |
Chromium (Total) |
7440-47-3 |
2.77 |
0.60 mg/l TCLP | ||
F037 |
Petroleum refinery primary oil/water/solids separation sludge-Any sludge generated from the gravitational separation of oil/water/solids during the storage or treatment of process wastewaters and oily cooling wastewaters from petroleum refineries. Such sludges include, but are not limited to, those generated in: oil/water/solids separators; tanks and impoundments; ditches and other conveyances; sumps; and stormwater units receiving dry weather flow. Sludge generated in stormwater units that do not receive dry weather flow, sludges generated from non-contact once-through cooling waters segregated for treatment from other process or oily cooling waters, sludges generated in aggressive biological treatment units as defined in §261.31(b)(2) (including sludges generated in one or more additional units after wastewaters have been treated in aggressive biological treatment units) and K051 wastes are not included in this listing. |
Acenaphthene |
83-32-9 |
0.059 |
NA |
Anthracene |
120-12-7 |
0.059 |
3.4 | ||
Benzene |
71-43-2 |
0.14 |
10 | ||
Benz(a)anthracene |
56-55-3 |
0.059 |
3.4 | ||
Benzo(a)pyrene |
50-32-8 |
0.061 |
3.4 | ||
bis(2-Ethylhexyl) phthalate |
117-81-7 |
0.28 |
28 | ||
Chrysene |
218-01-9 |
0.059 |
3.4 | ||
Di-n-butyl phthalate |
84-74-2 |
0.057 |
28 | ||
Ethylbenzene |
100-41-4 |
0.057 |
10 | ||
Fluorene |
86-73-7 |
0.059 |
NA | ||
Naphthalene |
91-20-3 |
0.059 |
5.6 | ||
Phenanthrene |
85-01-8 |
0.059 |
5.6 | ||
Phenol |
108-95-2 |
0.039 |
6.2 | ||
Pyrene |
129-00-0 |
0.067 |
8.2 | ||
Toluene |
108-88-3 |
0.080 |
10 | ||
Xylenes-mixed isomers (sum of o-, m-, and p-xylene concentrations) |
1330-20-7 |
0.32 |
30 | ||
Chromium (Total) |
7440-47-3 |
2.77 |
0.60 mg/l TCLP | ||
Cyanides (Total)7 |
57-12-5 |
1.2 |
590 | ||
Lead |
7439-92-1 |
0.69 |
NA | ||
Nickel |
7440-02-0 |
NA |
11 mg/l TCLP | ||
F038 |
Petroleum refinery secondary (emulsified) oil/water/solids separation sludge and/or float generated from the physical and/or chemical separation of oil/water/solids in process wastewaters and oily cooling wastewaters from petroleum refineries. Such wastes include, but are not limited to, all sludges and floats generated in: induced air floatation (IAF) units, tanks and impoundments, and all sludges generated in DAF units. Sludges generated in stormwater units that do not receive dry weather flow, sludges generated from non-contact once-through cooling waters segregated for treatment from other process or oily cooling waters, sludges and floats generated in aggressive biological treatment units as defined in §261.31(b)(2) (including sludges and floats generated in one or more additional units after wastewaters have been treated in aggressive biological units) and F037, K048, and K051 are not included in this listing. |
Benzene |
71-43-2 |
0.14 |
10 |
Benzo(a)pyrene |
50-32-8 |
0.061 |
3.4 | ||
bis(2-Ethylhexyl) phthalate |
117-81-7 |
0.28 |
28 | ||
Chrysene |
218-01-9 |
0.059 |
3.4 | ||
Di-n-butyl phthalate |
84-74-2 |
0.057 |
28 | ||
Ethylbenzene |
100-41-4 |
0.057 |
10 | ||
Fluorene |
86-73-7 |
0.059 |
NA | ||
Naphthalene |
91-20-3 |
0.059 |
5.6 | ||
Phenanthrene |
85-01-8 |
0.059 |
5.6 | ||
Phenol |
108-95-2 |
0.039 |
6.2 | ||
Pyrene |
129-00-0 |
0.067 |
8.2 | ||
Toluene |
108-88-3 |
0.080 |
10 | ||
Xylenes-mixed isomers (sum of o-, m-, and p-xylene concentrations) |
1330-20-7 |
0.32 |
30 | ||
Chromium (Total) |
7440-47-3 |
2.77 |
0.60 mg/l TCLP | ||
Cyanides (Total)7 |
57-12-5 |
1.2 |
590 | ||
Lead |
7439-92-1 |
0.69 |
NA | ||
Nickel |
7440-02-0 |
NA |
11 mg/l TCLP | ||
F039 |
Leachate (liquids that have percolated through land disposed wastes) resulting from the disposal of more than one restricted waste classified as hazardous under Subpart D of this part. (Leachate resulting from the disposal of one or more of the following EPA Hazardous Wastes and no other Hazardous Wastes retains its EPA Hazardous Waste Number(s): F020, F021, F022, F026, F027, and/or F028.). |
Acenaphthylene |
208-96-8 |
0.059 |
3.4 |
Acenaphthene |
83-32-9 |
0.059 |
3.4 | ||
Acetone |
67-64-1 |
0.28 |
160 | ||
Acetonitrile |
75-05-8 |
5.6 |
NA | ||
Acetophenone |
96-86-2 |
0.010 |
9.7 | ||
2-Acetylaminofluorene |
53-96-3 |
0.059 |
140 | ||
Acrolein |
107-02-8 |
0.29 |
NA | ||
Acrylonitrile |
107-13-1 |
0.24 |
84 | ||
Aldrin |
309-00-2 |
0.021 |
0.066 | ||
4-Aminobiphenyl |
92-67-1 |
0.13 |
NA | ||
Aniline |
62-53-3 |
0.81 |
14 | ||
o-Anisidine (2-methoxyaniline) |
90-04-0 |
0.010 |
0.66 | ||
Anthracene |
120-12-7 |
0.059 |
3.4 | ||
Aramite |
140-57-8 |
0.36 |
NA | ||
alpha-BHC |
319-84-6 |
0.00014 |
0.066 | ||
beta-BHC |
319-85-7 |
0.00014 |
0.066 | ||
delta-BHC |
319-86-8 |
0.023 |
0.066 | ||
gamma-BHC |
58-89-9 |
0.0017 |
0.066 | ||
Benzene |
71-43-2 |
0.14 |
10 | ||
Benz(a)anthracene |
56-55-3 |
0.059 |
3.4 | ||
Benzo(b)fluoranthene difficult to distinguish from benzo(k)fluoranthene) |
205-99-2 |
0.11 |
6.8 | ||
Benzo(k)fluoranthene (difficult to distinguish from benzo(b)fluoranthene) |
207-08-9 |
0.11 |
6.8 | ||
Benzo(g,h,i)perylene |
191-24-2 |
0.0055 |
1.8 | ||
Benzo(a)pyrene |
50-32-8 |
0.061 |
3.4 | ||
Bromodichloromethane |
75-27-4 |
0.35 |
15 | ||
Methyl bromide (Bromomethane) |
74-83-9 |
0.11 |
15 | ||
4-Bromophenyl phenyl ether |
101-55-3 |
0.055 |
15 | ||
n-Butyl alcohol |
71-36-3 |
5.6 |
2.6 | ||
Butyl benzyl phthalate |
85-68-7 |
0.017 |
28 | ||
2-sec-Butyl-4,6-dinitrophenol (Dinoseb) |
88-85-7 |
0.066 |
2.5 | ||
Carbon disulfide |
75-15-0 |
3.8 |
NA | ||
Carbon tetrachloride |
56-23-5 |
0.057 |
6.0 | ||
Chlordane (alpha and gamma isomers) |
57-74-9 |
0.0033 |
0.26 | ||
p-Chloroaniline |
106-47-8 |
0.46 |
16 | ||
Chlorobenzene |
108-90-7 |
0.057 |
6.0 | ||
Chlorobenzilate |
510-15-6 |
0.10 |
NA | ||
2-Chloro-1,3-butadiene |
126-99-8 |
0.057 |
NA | ||
Chlorodibromomethane |
124-48-1 |
0.057 |
15 | ||
Chloroethane |
75-00-3 |
0.27 |
6.0 | ||
bis(2-hloroethoxy)methane |
111-91-1 |
0.036 |
7.2 | ||
bis(2-Chloroethyl)ether |
111-44-4 |
0.033 |
6.0 | ||
Chloroform |
67-66-3 |
0.046 |
6.0 | ||
bis(2-Chloroisopropyl)ether |
39638-32- |
0.055 |
7.2 | ||
p-Chloro-m-cresol |
59-50-7 |
0.018 |
14 | ||
Chloromethane (Methyl chloride) |
74-87-3 |
0.19 |
30 | ||
2-Chloronaphthalene |
91-58-7 |
0.055 |
5.6 | ||