[Code of Federal Regulations] [Title 40, Volume 25] [Revised as of July 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR268.1] [Page 132-134] TITLE 40--PROTECTION OF ENVIRONMENT AGENCY (CONTINUED) PART 268_LAND DISPOSAL RESTRICTIONS--Table of Contents Subpart A_General Sec. 268.1 Purpose, scope, and applicability. Subpart A_General Sec. 268.1 Purpose, scope, and applicability. 268.2 Definitions applicable in this part. 268.3 Dilution prohibited as a substitute for treatment. 268.4 Treatment surface impoundment exemption. 268.5 Procedures for case-by-case extensions to an effective date. 268.6 Petitions to allow land disposal of a waste prohibited under subpart C of part 268. 268.7 Testing, tracking, and recordkeeping requirements for generators, treaters, and disposal facilities. 268.8 [Reserved] 268.9 Special rules regarding wastes that exhibit a characteristic. Subpart B_Schedule for Land Disposal Prohibition and Establishment of Treatment Standards 268.10-268.12 [Reserved] 268.13 Schedule for wastes identified or listed after November 8, 1984. 268.14 Surface impoundment exemptions. Subpart C_Prohibitions on Land Disposal 268.30 Waste specific prohibitions--Wood preserving wastes. 268.31 Waste specific prohibitions--Dioxin-containing wastes. 268.32 Waste specific prohibitions--Soils exhibiting the toxicity characteristic for metals and containing PCBs. 268.33 Waste specific prohibitions--chlorinated aliphatic wastes. 268.34 Waste specific prohibitions--toxicity characteristic metal wastes. 268.35 Waste specific prohibitions--petroleum refining wastes. 268.36 Waste specific prohibitions--inorganic chemical wastes 268.37 Waste specific prohibitions--ignitable and corrosive characteristic wastes whose treatment standards were vacated. 268.38 Waste specific prohibitions--newly identified organic toxicity characteristic wastes and newly listed coke by-product and chlorotoluene production wastes. 268.39 Waste specific prohibitions--spent aluminum potliners; reactive; and carbamate wastes. Subpart D_Treatment Standards 268.40 Applicability of treatment standards. 268.41 Treatment standards expressed as concentrations in waste extract. 268.42 Treatment standards expressed as specified technologies. 268.43 Treatment standards expressed as waste concentrations. 268.44 Variance from a treatment standard. 268.45 Treatment standards for hazardous debris. 268.46 Alternative treatment standards based on HTMR. 268.48 Universal treatment standards. 268.49 Alternative LDR treatment standards for contaminated soil. Subpart E_Prohibitions on Storage 268.50 Prohibitions on storage of restricted wastes. Appendixes I-II to Part 268 [Reserved] Appendix III to Part 268--List of Halogenated Organic Compounds Regulated Under Sec. 268.32 Appendix IV to Part 268--Wastes Excluded From Lab Packs Under the Alternative Treatment Standards of Sec. 268.42(c) Appendix V to Part 268 [Reserved] Appendix VI to Part 268--Recommended Technologies to Achieve Deactivation of Characteristics in Section 268.42 Appendix VII to Part 268--LDR Effective Dates of Surface Disposed Prohibited Hazardous Wastes Appendix VIII to Part 268--LDR Effective Dates of Injected Prohibited Hazardous Wastes Appendix IX to Part 268--Extraction Procedures (EP) Toxicity Test Method and Structural Integrity Test (Method 1310) Appendix X to Part 268 [Reserved] Appendix XI to Part 268--Metal Bearing Wastes Prohibited From Dilution in a Combustion Unit According to 40 CFR 268.3(c) Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924. (a) This part identifies hazardous wastes that are restricted from land [[Page 133]] 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 this chapter, 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 Sec. 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 Sec. 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, or part 148 of this chapter, are not prohibited if the wastes: (i) Are disposed into a nonhazardous or hazardous injection well as defined under 40 CFR 146.6(a); and (ii) Do not exhibit any prohibited characteristic of hazardous waste identified in 40 CFR 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 Sec. 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 Sec. 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 section 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 Sec. 261.5 of this chapter; (2) Waste pesticides that a farmer disposes of pursuant to Sec. 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 40 CFR 260.10) are exempt from 40 CFR 268.7 and 268.50 for the hazardous wastes listed below. These handlers are subject to regulation under 40 CFR part 273. [[Page 134]] (1) Batteries as described in 40 CFR 273.2; (2) Pesticides as described in Sec. 273.3 of this chapter; (3) Thermostats as described in Sec. 273.4 of this chapter; and (4) Lamps as described in 40 CFR 273.5. [51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 53 FR 27165, July 19, 1988; 53 FR 31212, Aug. 17, 1988; 54 FR 36970, Sept. 6, 1989; 55 FR 22686, June 1, 1990; 58 FR 29884, May 24, 1993; 59 FR 48043, Sept. 19, 1994; 60 FR 25542, May 11, 1995; 61 FR 15663, Apr. 8, 1996; 61 FR 33682, June 28, 1996; 62 FR 26019, May 12, 1997; 64 FR 36488, July 6, 1999]