[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: 40CFR268.36]

[Page 151]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 268_LAND DISPOSAL RESTRICTIONS--Table of Contents
 
                 Subpart C_Prohibitions on Land Disposal
 
Sec. 268.36  Waste specific prohibitions--inorganic chemical wastes

    (a) Effective May 20, 2002, the wastes specified in 40 CFR 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 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 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.

[66 FR 58298, Nov. 20, 2001]