905R89011
REGIOXF V
Land Disposal Restriction
Violation Classification Guidance
Updated to February 1989
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40 CFR FARTS 261, 264, 268, and 270
PORTIONS RFTATTTXH TO LAND DISPOSAL RESTRICTIONS
PART 261 ITOENriFICATION AND LISTING OF HAZARDOUS WASTE CLASS
7.61.6 - REQUIREMENTS FOR RECYCLABLE MATERIALS
(a)(l) Owners and operators (0/0) of facilities that store N/A
recyclable materials before they are recycled are
regulated under all applicable provisions of
Subparts A through L of Parts 264 and 265 and under
Parts 124, 266, 268 and 270 and the notification
requirements of RCRA. The recycling process itself
is exempt from the regulation.
PART 262 STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
262.11 - HAZARDOUS WASTE DETERMINATION
(d) If generator's waste is hazardous, the generator must N/A
refer to Pats 264, 265, and 268 for possible exclusions
or restrictions pertaining to its management.
262.51 - FARMERS
A farmer disposing of waste pesticides from his own N/A
use which are hazardous wastes is not required to
comply with the standards in this part or other
standards in 40 CFR Parts 264, 265, 268 or 270 for those
wastes, provided he triple rinses each container in
accordance with 261.7(b) (3) and disposes of the pesticide
residues on his own farm in a manner consistent with
disposal instructions on the label.
PART 264 TSD PERMIT STANDARDS
264.13 - GENERAL WASTE ANALYSIS
(a) (l) Before O/O treats, stores or disposes of any hazardous I
waste he must obtain a detailed chemical and physical
analysis of a representative sample of waste. The
analysis must contain all information needed to treat,
store or dispose of the waste in accordance with
Parts 268 or 270, and 124.
(b)(6) The facility's waste analysis plan must be amended II
to include all testing requirements given in
40 CFR 268.7.
(b) (7) The waste analysis plan for exempted surface II
impoundments must include:
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264.13 COnt.
(i) sampling of impoundment contents;
(ii) analysis of test data; and
(iii) the annual removal of residues which are not
delisted under Part 260.22 of this chapter and
do not exhibit a characteristic of hazardous
waste and which do not meet the treatment
standards of Part 268 Subpart D of this chapter,
or where no treatment standards have been
established, the annual removal of residues which
do not meet the applicable prohibition levels in
Part 268 Subpart C or RCRA Section 3004(d).
264.73 - OPERATING RECORD
(b)(10) 0/0 must keep records of quantities (and date of II
placement) for each shipment of hazardous waste placed
in land disposal units under extensions or petitions
pursuant to Parts 268.5 and 268.6 respectively, and the
notice required by a generator under Part 268.7(a) (3).
(b)(ll) 0/0 of an off-site treatment facility must keep a II
copy of the notice required by a generator under
Part 268.7(a)(l).
(b)(12) 0/0 of an on-site treatment facility must keep . II
information contained in the notice required by a
generator under Part 268.7(a)(l) except for the
manifest number.
(b)(13) O/O of an off-site land disposal facility must keep a II
copy of the notice and certification required by 0/0 of
a treatment facility under Part 268.7(b)(l) and (2), or a
copy of the notice and certification required by a
generator under Part 268.7(a)(2).
(b)(14) O/O of an on-site land disposal facility must keep a copy II
of the notice required by Part 268.7(a) (2) except for the
manifest number, or the information contained in the notice
required by a treater under Part 268.7(b)(l) except for the
manifest number.
PART 265 TSD INTERIM STATUS STANDARDS
265.13 - OMIJKAT, WASTE ANALYSIS
(a)(l) Before 0/0 treats, stores or disposes of any hazardous I
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265.13 COnt.
waste he must obtain a detailed chemical and physical
analysis of a representative sample of waste. The
analysis must contain all information needed to treat,
store or dispose of the waste in accordance with Part 268.
(b)(6) The facility's waste analysis plan must be amended II
to include all testing requirements given in
40 CFR 268.7.
(b)(7) The waste analysis plan for exempted surface II
impoundments must include:
(i) sampling of inpoundment contents;
(ii) analysis of test data; and
(iii) the annual removal of residues which are not
delisted under Part 260.22 of this chapter and
do not exhibit a characteristic of hazardous waste
and which do not meet the treatment standards of
Part 268 Subpart D of this chapter, or where no
treatment standards have been established, the
annual removal of residues which do not meet the
applicable prohibition levels in Part 268 Subpart C
or RCRA Section 3004 (d).
265.73 - OPERATING RECORD
(b)(8) 0/0 must keep records of quantities (and date of II
placement) for each shipment of hazardous waste
placed in land disposal units under extensions or
petitions pursuant to Parts 268.5 and 268.6
respectively, and the notice required by a generator
under Part 268.7(a)(3).
(b)(9) O/O of an off-site treatment facility must keep a II
copy of the notice required by a generator under
Part 268.7(a)(l).
(b)(10) O/O of an on-site treatment facility must keep II
information contained in the notice required by a
generator under Part 268.7(a)(l) except for the
manifest number.
(b)(ll) 0/0 of an off-site land disposal facility must keep II
a copy of the notice and certification required by
0/0 of a treatment facility under Part 268.7(b) or a
copy of the notice and certification required by a
generator under Part 268.7(a) (2),.
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265.73 COnt.
(b)(12) 0/0 of an on-site land disposal facility must keep II
a copy of the information contained in the notice
required by Part 268.7(a)(2) except for the manifest
number, or the information contained in the notice
required by a treater under Part 268.7(b)(2) except
for the manifest number.
268.1 - APPLICABILITY
(a)-(d) Describes the applicability of the land disposal N/A
restrictions and exceptions.
268.2 - DEFINITICftIS
(a) Halogenated organic compounds means those compounds N/A
having a carbon-halogen bond which are listed under
Appendix III of this Part. Land disposal means
placement in or on land, including but not limited to,
placement in a landfill, surface impoundment, waste
pile, injection well, land treatment facility, salt
dome or bed formation, underground mines or cave, or
concrete vault or bunker intended for disposal purposes.
Polychlorinated biphenyls (PCBs) are defined in
accordance with 40 CFR 761.3. PCBs are also halogenated
organic compounds (HOCs).
(b) Parts 260.10, 261.2, 261.3, or 270.2 are referenced for N/A
further definitions.
268.3 - DILUnOSf
Substituting dilution of a restricted waste or HPV
residual from treatment of restricted waste for
adequate treatment in order to either achieve
compliance with Subpart D, to circumvent the
effective date of a prohibition in Subpart C of
this Part, or to avoid prohibitions in Subpart C,
and RCRA Section 3004, is prohibited.
268.4 - TREAHXENT SURFACE IMPQUNCMEIJT EXEMTICN
(a) Wastes prohibited from land disposal may be treated
in a surface impoundment provided that:
(1) Treatment occurs in an impoundment;
(2) The following conditions are met:
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268.4 cant.
(i) Sampling and testing. For wastes with treatment I
standards in Subpart D of this part and/or
prohibition levels in Subpart C of this part, the
residues from treatment are analyzed, as specified
in Parts 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 parts 264.13 or 265.13 must
be designed such that representative samples of
the sludge and supernatant are tested separately
rather than mixed to form homogenous samples.
(ii) Removal. The following treatment residues I
(including any liquid waste) must be removed
at least annually: Residues which are from
the treatment of wastes prohibited from land
disposal under Subpart C of this part; or
residues from managing listed wastes which are
not delisted under Parts 260.22 of this chapter.
However, residues which are the subject of a
valid certification under Part 268.8 made no
later than a year after placement of the wastes
in an impoundment are not required to be removed
annually.
(iii) Subsequent management. Treatment residues may I
not be placed in any other surface impoundment
for subsequent management unless the residues
are the subject of a valid certification under
Part 268.8.
(iv) Recordkeeping. The procedures and schedule II
for sampling of impoundment contents, analysis
of test data, annual removal of residues, must
be specified in the facility's waste analysis
plan as required in Parts 264.13 or 265.13 of
this chapter.
(3) The impoundment meets the design requirements of I
Parts 264.221(c) or 265.221(a), and is in compliance
with applicable ground water monitoring requirements
of Subpart F of Parts 264 or 265, unless exempt under
Parts 264.221(d) or (e), or 265.221(c) or (d);
or unless the U.S. EPA Administrator has granted a
waiver or modification; and
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268.4 COnt.
(4) The 0/0 sutmits to the Regional Administrator a II
written certification that the requirements of
Part 268.4(a)(3) have been met, and a waste
analysis plan as required under Part 268.4(a)(2).
(b) Evaporation of hazardous constituents is not considered N/A
to be treatment for purposes of an exemption under this
section.
268.5 - PROCEDURES FOR CASE-BY-CASE EXTENSIONS TO AN EbYELU'lVE GATE
(a)-(g) These sections describe how a person who generates, N/A
treats, stores, or disposes of a hazardous waste may
submit an application to the Administrator for an
extension to the effective date of any applicable
restriction established under Subpart C of this Part.
(h) Whenever the Administrator established an extension to N/A
an effective date, during the period when the extension
is in effect:
(l) The storage restrictions under Part 268.50(a) do not
apply; and
(2) The hazardous waste may be disposed in a landfill or
surface impoundment unit only if such unit is in
compliance with the following requirements (generally
referred to as MIR):
(i) The landfill, if in interim status, is in I
compliance with Subpart F of Part 265 and Part
265.301(a), (c), and (d); or
(ii) The landfill, if permitted, is in compliance I
with Subpart F of Part 264 and Part 264.301(c),
(d), and (e);
(iii) The surface impoundment, if interim status, is I
in compliance with Subpart F of Part 265 and
Part 265.221(a), (c), and (d); or
(iv) The surface impoundment, if permitted, is in I
compliance with Subpart F or Part 264 and
Part 264.221(c) (d), and (e); and
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268.5 COnt.
(v) The landfill, if disposing of containerized
liquid hazardous waste containing PCBs at levels
greater than or equal to 50 ppm but less than
500 ppm, is also in compliance with 40 CFR 761.75
and Parts 264 and 265.
(i) Pending a decision on his application, an applicant must
comply with all land disposal restrictions once the
effective date for the waste has been reached.
TTl AT .TQW LAND DISPOSAL
(a)-(n) These sections describe how a person may submit a N/A
petition to the Administrator regarding an exemption
from a prohibition under Subpart C of this Part,
for the disposal of a restricted waste.
268.7 - WASTE ANALYSIS *
(a) Except as specified in Part 268.32 or Part 268.43, a I
generator must test his waste or an extract developed
using the Tbxicity Characteristic Leaching Procedure
(TCLP, see Appendix I to Part 268), or use knowledge
of the waste to determine if the waste is restricted
from land disposal.
(1) If a generator determines that he is managing a I
restricted waste which does not meet applicable
treatment standards or complies with prohibitions
in Part 268.32 or RCRA Section 3004(d), with each
shipment of waste he must notify in writing the
treatment or storage facility of the following
information: EPA Hazardous Waste Number;
applicable prohibitions or treatment standards
set forth in Section 268.32; the manifest number
associated with each waste shipment; and waste
analysis data, where available.
(2) If a generator determines that he is managing I
a restricted waste which can be land disposed
without further treatment, with each shipment
of waste he must submit to the land disposal
facility the notification information cited
immediately above in (a) (1), and a signed
certification that the waste meets and
complies with all applicable treatment
standards and prohibitions, This section
references the required certification language.
* If any of the notification/certifications required
by this Part are found to be false, the violation
should be classified as HPV.
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268.7 COnt. *
(3) If a generator's waste is subject to a case by
case extension under Part 268.5, an exemption
under Part 268.6, or a nationwide variance under
Subpart C, with each shipment of waste, he must
notify the receiving facility his waste is not
prohibited form land disposal. The notice must
include the following: EPA Hazardous Waste Number;
corresponding treatment standards and applicable
prohibitions set forth in Section 268.32 or KCRA
Section 3004 (d); manifest number associated with the
waste shipment; waste analysis data, where available;
and the date the waste is subject to prohibitions.
(4) If a generator determines he is managing a waste
that is subject to prohibitions in 268..33(f) and
not subject to prohibitions if 268.32, with each
waste shipment, he must notify the treatment,
storage, or disposal facility, in writing, of any
applicable prohibitions set forth in 268.33(f).
The notice must include the following information:
EPA Hazardous Waste Number; applicable prohibitions
in 268.33(f); the manifest number associated with
the waste shipment; and waste analysis data, where
available.
(5) If a generator determines whether his waste is .
restricted based solely on his knowledge of the
waste, all supporting data used in his determination
must be maintained on-site in the generators files.
If a generator determines whether his waste is
restricted based on testing his waste, all waste
analysis data must be maintained on-site in the
generators files.
(6) Generators must retain on-site a copy of all notices,
certifications, demonstrations, waste analysis data,
and other documentation related to this section for
5 years.
(b) Treatment facilities must test their wastes according to
the frequency specified in their waste analysis plan (WAP)
as required in Parts 264.13 or 265.13. Such testing must
be performed as in (b)(l), (b)(2) and (b)(3) below.
(1) Wastes with treatment standards expressed as
concentrations in the waste extract (Part 268.41),
the treatment facility must test treatment
residues or extract of such residues, using TCLP
* If any of the notification/certifications required
by this Part are found to be false, the violation
should be classified as HPV.
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268.7 COnt. *
to assure treatment residues meet applicable
treatment standards.
(2) Wastes that are prohibited under Part 268.32 or
RCRA Section 3004(d) but not subject to Subpart D,
the treatment facility must test treatment residues
according to testing requirements in Part 268.32.
(3) Wastes with treatment standards expressed as
concentrations in waste (Part 268.43), the treatment
facility must test treatment residues (not an
extract) to determine that residues meet
treatment standards according to frequency
outlined in WAP.
(4) A notice must be sent with each waste shipment to
the land disposal facility, which contains the
following information: EPA Hazardous Waste Number;
the corresponding treatment standards and applicable
prohibitions in Parts 268.32 or RCRA. Section 3004(d);
the manifest number associated with the shipment of
waste; and waste analysis data, where available.
(5) The treatment facility must submit a certification
with each shipment of waste or treatment residue to
the land disposal facility stating that the waste or
residue has been treated in compliance with
Subpart D and applicable prohibitions in
Part 268.32 or RCRA Section 3004(d).
(i) For wastes with treatment standards
expressed as concentrations in waste
extract or waste (Part 268.41 or 268.43),
or for wastes prohibited under Part 268.32;
this section references required certi-
fication language.
(ii) For wastes with treatment standards
expressed as technologies (Part 268.42), this
section references certification language.
(6) If the waste or treatment residue will be further
managed at a different treatment or storage
facility, the.facility sending the waste or residue
must comply with the notice and certification
requirements applicable to generators.
* If any of the notification/certifications required
by this Part are found to be false, the violation
should be classified as HPV.
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268.7 cont. *
(7) For wastes that are subject to prohibitions in I
Part 268.33(f) and not subject to prohibitions
in Part 268.32, with each waste shipment, the
treatment facility must notify any subsequent
treatment, storage, or disposal facility, in
writing, of any applicable prohibition in
Part 268.33(f). The notice must include the
following information: EPA Hazardous Waste Number;
applicable prohibitions set forth in Part 268.33(f);
manifest number associated with waste shipment; and
waste analysis data, where available;
(8) Where wastes are recyclable materials used in a I
manner constituting disposal subject to 266.20(b) ;
with each shipment of such wastes, the treatment
facility (recycler) must submit a certification
describe in (b)(5) of this section, and in (b)(4)
of this section (except manifest number) to the
Regional Administrator. The recyler must also keep
records of the name and location of each entity
receiving the hazardous waste-derived product.
(c) The Owner or Operator of any land disposal facility
disposing any waste subject to restrictions under this
Part must:
(l) Have copies of notices and certifications I
specified in paragraph (a) or (b) of this section,
and Part 268.8.
(2) Test the waste, or an extract of waste or I
treatment residue using TCLP or any methods
required by generators under Part 268.32. This
testing must be performed according to the
frequency specified in the waste analysis plan.
(3) Where the land disposal facility is disposing of I
any waste that is subject to Part 268.33(f)
prohibitions but not subject to prohibitions in
Part 268.32, he must ensure that waste has been
certified according to Part 268.8 prior to
disposal.
268.8 IANDFILL AND SURFACE IMPQUNOyESlT DISPOSAL RESTRICTIOMS
(a)(l) - (a)(2) This section describes "soft hammer" wastes N/A
and required demonstration, certifications, and
required certification language.
* If any of the notification/certifications required
by this Part are found to be false, the violation
should be classified as HPV.
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268.8 cont.
(3) Where the generator has determined and demonstrated I
that there is no practically available treatment for
his waste prior to disposal, with the initial ship-
ment of waste, the generator must sutmit a copy of
the demonstration and certification required in
(a)(2)(i) to the receiving facility. With subsequent
waste shipments, only the certification is required
to be submitted provided that the conditions remain
unchanged. The generator must retain on-site the
demonstration and certification required for each
waste shipment for 5 years.
(4) Where the generator has determined that there is I
practically available treatment for this waste prior
to disposal, with the initial shipment of waste, the
generator must submit a copy of the demonstration
and certification required in paragraph (a)(2)(ii)
to the receiving facility. With subsequent waste
shipments, only the certification is required to
be submitted provided that the conditions remain
unchanged. The generator must retain on-site the
demonstration and certification required for each
waste shipment for 5 years.
(b) After receiving demonstrations & certifications the N/A
Regional Administrator may request additional
information to evaluate the certification.
(1) a generator that submits a certification under I
this section must iirmediately notify the Regional
Administrator when any change occurs in the
conditions which formed the basis of his
certification.
(2) The Regional Administrator may invalidate the N/A
certification if some other method of practically
available treatment yielding greater benefits exists.
(3) if the Regional Administrator invalidates a certifi- I
cation, the generator must immediately cease further
shipments of the waste, and inform all facilities
involved of the invalidation and keep records of such
comnunication on-site.
(c) A treatment, recovery, or storage facility receiving I
wastes subject to valid certification must keep copies
of the generators demonstration and certification.
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268.8 cant.
(1) The treatment or recovery facility must certify I
that he has treated the waste according with the
generator's demonstration. This section references
the required certification language.
(2) The treatment, recovery, or storage facility must I
send a copy of the generator's demonstration and
certification (if applicable) to the receiving
facility.
(d) The disposal facility must ensure that "soft hammer" I
wastes have proper certification prior to disposal in
a landfill or surface impoundment, and that these units
meet nunimum technological requirements (MIR) .
(e) After the certification is received by the Regional N/A
Administrator, and the "soft hammer" waste is treated
as indicated by the generator, the waste or residual
may be disposed in a landfill or surface impoundment
meeting MIR.
SDBPART B - SCHEDULE FOR IAND DISPOSAL PRCHIBITICTJS ANH F
OF TREATMENT
268.10 - IDETJTIFICATIQN OF WASTES TO BE EVALUATED BY AUGUST 8. N/A
1988.
This section lists the above-referenced F, K, P, and U waste
codes.
268.11 - IDENTIFICATION OF WASTES TO EE EVALUATED BY JUNE 8. 1989.
This section lists the above-referenced F, K, P and U N/A
waste codes.
268.12 IDEMJFICAnasr WA3IES TO BE EVALUATED BY MAY 8. 1990.
This section lists the above-referenced K, P, U and N/A
characteristic wastes. This section also references
certain wastewaters residues, leachate, and hazardous
wastes prohibited from land disposal.
268.13 SCHFDUT.F. FOR WASTES TnEHTIFIED AFTER NOV. 8f 1984.
If a "new" hazardous waste is identified, the EPA shall N/A
make a land disposal determination within 6 months of the
listing.
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SUBPART C " PRnHTRlTIOSIS OST LAND DISPOSAL
268.30 - WASTE SPECIFIC PRTiHTBITICMS - SOLVENT WASTES
(a) Effective November 8, 1986, spent solvent wastes HPV
numbers F001, F002, F003, F004, and F005 are
prohibited from land disposal (except in
injection wells); unless the waste is generated
by a small quantity generator, is generated from
a CERCLA response action or RCRA corrective action,
upon initial generation contains less than 1% total
F001 - F005 solvent constituents, or is a treatment
residue meeting conditions described in this section.
(b) Effective November 8, 1988, FOOl - F005 solvent waste HFV
listed above are prohibited from land disposal.
(c)-(d) This section describes certain exemptions and N/A
extensions to the requirements of sections
(a) and (b) above.
268.31 - WASTE SPECIFIC PRCHIBITICMS - PIGEON WASTE
(a)-(b) Except for the exemptions and extensions describe in these HPV
sections, dioxin-containing wastes (F020, F021, F022,
F023, F026, F027, and F028) are being prohibited from
land disposal effective November 8, 1988.
(c) Between November 8, 1986, and November 8, 1988, wastes HPV
included under (a) may be disposed of in a landfill only
if the facility is in compliance with applicable
requirements under Parts 268.5(h)(2), 264, and 265.
(d) This section describes extensions to (a) and (b) of this N/A
part.
268.32 - WASTE SPECIFIC PRCHEBITiaNlS - CALIFORNIA LIST WASTES
(a) Effective July 8, 1987, liquid hazardous wastes that HPV
have pH less than or equal to 2.0, contains PCBs at
concentrations greater than or equal to 50 ppm, or are
primarily water and contains HOCs in total concentrations
greater than or equal to 1,00 mg/1 and less than 10,000
mg/l, are prohibited from land disposal, except in
injection wells. The California list also includes liquid
hazardous wastes containing free cyanide and certain metals.
However, U.S. EPA's July 8, 1987, promulgation of regulation
restricting land disposal of California list wastes did not
codify prohibition levels and treatment standards for the
cyanide and metal wastes. Instead, U.S. EPA published on
July 8, 1987, a "Notice of Data Availability" and requested
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268.32 cont.
comment on new data to support the lowering of the statutory
levels for these wastes. Therefore, because the U.S. EPA
intends to address the California list metal and cyanide
wastes in a separate final rule, the statutory prohibitions
in RCRA. Section 3004 (d) for these constituents became
automatically effective. (See 52 Federal Register 25761).
(d) Where wastes are soil or debris contaminated with California HPV
list wastes not resulting from a CERdA action or Subtitle C
KORA corrective action, the land disposal prohibitions apply
July 8, 1989. Where wastes are soil or debris contaminated
with California list wastes resulting from CERCIA response
action or Subtitle C KCRA corrective action, the land
disposal prohibitions apply Nov. 8, 1990.
(e) Since November 8, 1988, liquid and non-liquid hazardous HPV
waste that contain HOCs in total concentration greater
than or equal to 1000 mg/1 are prohibited from land
disposal.
(f) Between July 8, 1987, and November 8, 1988, wastes HPV
described in section (e) above may be disposed of in
a landfill or surface impoundment only if facility is in
compliance with the requirements of Part 268.5(h)(2).
(g) This section describes exemptions and exceptions to N/A
the prohibitions listed under sections (a), (d) and (e)
above.
(h) Prohibitions and effective dates specified in paragraphs N/A
(a) (3), (d), and (e) of this section do not apply where
waste is subject to a Part 268 Subpart C prohibition and
and effective date for a specified HOC.
(i) To determine whether or not a waste is a liquid, the I
Paint Filter Liquids Test (Method 9095) must be used.
(j) This section requires generators to use waste analysis I
and recordkeeping requirements of Part 268.7. Further,
initial generators must test waste (not an extract or
filtrate), or use knowledge to determine whether
wastes are restricted. Procedures specified in
Part 261.22(a)(l) are to be followed for testing of
pH levels. Liquid/non-liquid waste exceeding prohibited
levels for pH, HOCs, and PCBs are restricted from land
disposal, except where excepted under sections (g) and
(h) above.
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268.33 WASTE SPECIFIC PROHIBI1TCE35 - FIRST THIRD WASTES
(a) Effective August 8, 1988, the following wastes HPV
are prohibited from land disposal (except in
injection well): F006 (nonwastewater), K001,
K004 (nonwastewater), K008 (nonwastewater),
K015, K016, K018, K019, K020, K021 (non-
wastewater), K022 (nonwastewater), K024, K025,
K030, K036 (nonwastewater), K037, K044, K045,
nonexplosive K046 (nonwastewater), K047, K060
(nonwastewater), K061 (nonwastewaters containing
less than 15% Zinc), K062, non CaS04 K069
(nonwastewaters), K083 (nonwastewaters), K086
(solvent washes), K087, K099, K100, K101, K102,
K103, and K104.
(1) Effective August 8, 1988, until August 7, 1990, K061 N/A
wastes containing 15% zinc or greater are prohibited
from land disposal and must meet treatment standards
specified in 268.41, applicable to K061 wastes that
contain less than 15% zinc.
(b) Effective August 8, 1990, hazardous wastes K048, K049, N/A
K050, K051, K052, K061, and K071 are prohibited from land
disposal.
(c) Effective August 8, 1990, wastes specified in Part 268.10 N/A
having a treatment standard in Subpart D based on
incineration and which are contaminated soil and debris
are prohibited from land disposal.
(d) Between November 8, 1988, and August 8, 1990, wastes HPV
included in paragraphs (b) & (c) above may be landfilled
in units which meet Part 268.5(h)(2).
(e) This section describes some exemptions to paragraphs N/A
(a), (b), (c), and (d) above.
(f) Between August 8, 1988, and May 8, 1990, wastes HPV
specified in Part 268.10 for which treatment standards
are not applicable, are prohibited from disposal in
a landfill or surface impoundment unless waste is
subject of a valid demonstration pursuant to Part 268.8.
This section also refers to exceptions to this
paragraph.
(g) To determine whether a hazardous waste found at Part I
268.10 exceeds applicable treatment standards
in Parts 268.41 and 268.43, the initial
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generator must test a representative sample of
waste extract or entire waste depending on
whether the treatment standards are expressed as
concentrations in extract or waste. If waste
contains constituents in excess of applicable
Subpart D levels, the waste is prohibited from
land disposal.
SUBPART D - TRKATMFTjr STANCMRDS
268.40 APPLTCABIT.TTY
(a) A restricted waste identified in Part 268.41 may be land HPV
disposed only if an extract of waste or treatment
residue using the test method in Appendix I does not
exceed values shown in Table CCWE of Part 268.41 for any
hazardous constituent listed in Table CCWE for that
waste.
(b) A restricted hazardous waste for which a treatment HPV
Technology is specified under Part 268.42(a) may be
land disposed after it is treated using that specified
technology or an equivalent method approved by the
Administrator under the procedures of Part 268.42(b).
(c) A restricted waste identified in Part 268.43 may be HPV
land disposed if the constituent concentrations in
the waste or treatment residue do not exceed the
value shown in Table CCW of Part 268.43 for any
hazardous constituent listed in Table CCW for that
waste.
268.41 - TREATMENT STAtOVRDS
(a) Table CCWE identifies restricted wastes and the HPV
concentrations of their associated hazardous
constituents which may not be exceeded by an extract
of a waste or treatment residue for allowable land
disposal.
(b) When wastes with differing treatment standards HPV
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.
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(a)(l) Liquid hazardous wastes containing PCBs at concentra- HPV
tions greater than or equal to 50 ppn but less than
500 ppn must be incinerated in accordance with the
technical requirements of 40 CFR 761.70 or burned in
high efficiency boilers in accordance with the technical
requirements of 40 CFR 761.60. Liquid hazardous wastes
containing PCBs at concentrations greater than or equal to
500 ppn must be incinerated in accordance with the
technical requirements of 40 CFR 716.70. Thermal
treatment under this section must also be in compliance
with applicable regulations in Parts 264, 265, and 266.
(2) Non-liquid hazardous wastes containing HOC's in total HPV
concentration greater than or equal to 1000 mg/Tcg and
liquid HOC containing wastes that are prohibited under
Part 268.32(e)(l) must be incinerated in accordance with
requirements of Part 264, Subpart 0 or Part 265,
Subpart 0, or in boilers or industrial furnaces
burning in accordance with applicable standards.
These treatment standards do not apply where the waste
is subject to Part 268, Subpart C treatment standards
for a specific HOC.
(b) Any person may submit an application to the Administrator N/A
demonstrating that an alternative treatment method can
achieve a measure of performance equivalent to that
achievable by methods specified in section (a) above-
provided they follow the criteria listed in this section.
Any approval must be stated in writing and may contain
such provisions and conditions as the Administrator deems
appropriate. The person to whom such approval is issued
must comply with all limitations contained in such a
determination.
268.43 TREATMFTfT RTANE&RDS EKPPF-SgKn AS WASTE CXM^TTTRATIQNS
(a) Table CCW identifies the restricted wastes and the HPV
concentrations of their associated hazardous constituents
which may not be exceeded by the waste or treatment
residue for allowable land disposal.
(b) When wastes with differing treatment standards for a HPV
constituent of concern are combined for purpose of
treatment, the treatment residue must meet the lowest
treatment standard for the constituent of concern.
268.44 - VARIANCE FROM A TREATMENT STANERRD
(a) A generator or treatment facility may petition the N/A
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268.44 cent.
Administrator for a variance from the treatment standard
where the waste cannot meet the treatment standard.
(b) Each petition must be signed in accordance with the II
procedures in Part 260.20.
(c) Each petition must include a certification statement II
signed by the petitioner or an authorized representative.
(d)-(e) EPA processing procedures. N/A
(f) A generator, treatment, or disposal facility that I
is managing a waste covered by a variance from the
treatment standards must comply with the waste
analysis requirements for restricted wastes found
under Part 268.7.
(g) During the petition review process an applicant must HPV
comply with all restrictions on land disposal under
this Part once the effective date for the waste has
been reached.
(h) Where the treatment standard is expressed as a N/A
concentration in a waste or waste extract, and a waste
generated cannot be treated to the specified level, the
generator or treatment facility may apply for a site-.
specific variance.
(i) Each application for a site-specific variance from a II
treatment standard must include the information in
Part 260.20(b)(l)-(4).
(j) After receiving an application for a site-specific N/A
variance, the Assistant Administrator may request
additional information or samples.
(k) A generator, treatment, or disposal facility that is I
managing a waste covered by a site-specific variance
must comply with the waste analysis requirements for
restricted wastes found under Part 268.7.
(1) During the application review process, the applicant for HPV
site-specific variance must comply with all restrictions
on land disposal under this part once the effective date
for the waste has been reached.
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SUBPART E - PRCHTBITION CM STORAGE OF RESTRICTED MASTE
268.50 - STORAGE PROHIBITIONS
(a)(l) A generator nay store hazardous waste in tanks and I
containers on-site solely for the purpose of the
accumulation of such quantities of restricted waste.
as necessary to facilitate proper recovery, treatment,
or disposal if the generator complies with. Part 262.34.
A generator must attain interim status if he stores
restricted waste greater than 90 days.
(2) An 0/0 of a hazardous waste treatment, storage, or
disposal facility may store hazardous waste in tanks and
containers as necessary to facilitate proper recovery,
treatment, or disposal provided that: :
(i) Each container is clearly marked to identify I *
its contents and the date each period of
accumulation begins.
(ii) Each tank is clearly marked with a description I *
of its contents, quantity of hazardous waste
received, and the date when each, period of
accumulation begins, or such information for
each tank is recorded and maintained in the
operating record at the facility. Regardless
of whether the tank is marked, the O/O must
comply with the operating record requirements
specified in Parts 264.73 or 265.73.
(3) A transporter who stores manifested waste'shipments of I
restricted hazardous waste at a transfer facility may
do so only for 10 days or less.
(b) An O/O of a treatment, storage and disposal facility may I
store restricted hazardous waste for up to one year unless
U.S. EPA can demonstrate that such storage was not solely
for the purposes of accumulating such quantities of waste
as are necessary to facilitate proper recovery, treatment,
or disposal.
(c) An 0/0 of a treatment, storage or disposal facility may store I
restricted hazardous waste beyond one year, but the 0/0 bears
the" burden of proving that storage was solely for the purpose
of accumulating such quantities as are necessary to facilitate
proper recovery, treatment or disposal.
(d) Hie prohibition under section (a) above does not apply to N/A
wastes which are subject of an approved petition under
* Class II if the required information is in the pperting record.
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268.50 COnt.
Part 268.6 or a nationwide variance contained in Subpart C
of this part or an approved case-by-case extent ion under
Part 268.5, or a valid certification under Part 268.8.
(e) The prohibition under section (a) above does not apply, to N/A
hazardous wastes that meet the treatment standards specified
under Parts 268.41, 268.42 and 268.43, or the treatment
standards specified under the variance in Part 268.44, or,
where treatment standards have not been specified, is in
compliance with the applicable prohibitions specified in
Part 268.32 or RCRA Section 3004.
(f) Liquid hazardous wastes containing FCBs at concentrations N/A
greater than or equal to 50 ppni must be stored at a facility
that meets the requirements of 40 CFR 761.65 (b) and must be
removed from storage and treated or disposed as required by
this part within one year of the date when such wastes are
first placed into storage. Ihe provisions of section (c)
above do not apply to such PCB wastes prohibited under
Part 268.32.
APPKNDIX I TO PART 268 - TOKICITY CHftRACi'liKISTtC I.TTAtynXIG PRQO'JIURE
(TCLP)
The TCLP is designed to determine the mobility of both organic N/A
and inorganic contaminants present in liquids, solid, and
multiphase wastes. This appendix details the lab methods for
the TCLP.
PART 270 - HAZARDOUS WASTE PERMIT
(b)(21) For land disposal facilities, if a case-by-case II
extension has been approved, or a petition has been
approved, a copy of the notice of approval for the
extension or the petition is required.
270.42 - MHSDR l^DIFICATICUS TO PERMITS
A permit may be notified without the following procedures of
Part 124 for the following:
(o) Treatment of hazardous waste not previously specified in II
the permit will be allowed only if:
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270.42 COnt.
(1) The hazardous waste has been prohibited from one or
more methods of land disposal under Part 268 Subpart C
or RCRA Section 3004;
(2) Treatment is in accordance with Part 268.4
(if applicable), Part 268.3; and '
(i) Treatment is in accordance with applicable
standards established under Parts 268.41,
268.42 or 268.44; or
(ii) Where no treatment standards have been
established, treatment renders the waste no
longer subject to the applicable prohibitions
set forth in Part 268.32 or RCRA. Section 3004.
(3) Handling and treatment of restricted waste will not
present substantially different risks from those of
wastes listed in the permit.
(4) Federal or state approval of a minor permit modification
request is approved. No permit changes can occur except
for the addition of new waste codes and administrative
and technical changes necessary to handle the new wastes.
(p) Permitted facilities are allowed to change their operations
to treat or store hazardous waste subject to the land
disposal restrictions imposed by Part 268 or RCRA Section
3004 provided such treatment or storage occurs in
containers or tanks and the permittee:
(l) Requests a major permit modification pursuant to
Parts 124.5 and 270.41;
(2) Demonstrates in the major permit modification
request that the treatment or storage is necessary
to comply with the land disposal restrictions of
Part 268 or RCRA Section 3004; and
(3) Ensures that the treatment or storage units comply
with the applicable Parts 265 and 268 standards
pending final Administrative disposition of the major
modification request. The authorization to make such
changes terminates upon final disposition of the
permittee's major modification request.
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270.72 - qwpf.q nrnRUro INTERIM STATUS
(e) In no event shall changes be made to a HWM facility I
during interim status which amount to reconstruction
of the facility. Reconstruction occurs when the capital
investment in the changes to facility exceeds fifty
percent of the capital costs of a comparable entirely new
HWVI facility. Changes prohibited under this paragraph do not
include changes to treat or store in containers or tanks,
hazardous wastes subject to land disposal restrictions imposed
by Part 268 or RCRA. Section 3004, provided changes are made
solely for the purpose of complying with Part 268 or Section 3004.
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