[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR268.33]

[Page 149-150]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 268--LAND DISPOSAL RESTRICTIONS--Table of Contents
 
                Subpart C--Prohibitions on Land Disposal
 
Sec. 268.33  Waste specific prohibitions--chlorinated aliphatic wastes.

    (a) Effective May 8, 2001, the wastes specified in 40 CFR part 261 
as EPA Hazardous Wastes 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 Sec. 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 Sec. 268.44;
    (4) Hazardous debris has met the treatment standards in Sec. 268.40 
or the alternative treatment standards in Sec. 268.45; or
    (5) Persons have been granted an extension to the effective date of 
a prohibition pursuant to Sec. 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 
Sec. 268.40, the initial generator must test a sample of the waste 
extract or the entire waste, depending on whether the treatment 
standards

[[Page 150]]

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 
40 CFR 268.40 treatment standards must also be macroencapsulated in 
accordance with 40 CFR 268.45 Table 1 unless the waste is placed in:
    (1) A Subtitle C monofill containing only K175 wastes that meet all 
applicable 40 CFR 268.40 treatment standards; or
    (2) A dedicated Subtitle C landfill cell in which all other wastes 
being co-disposed are at pH[le]6.0.

[65 FR 67127, Nov. 8, 2000]