[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR268.14]

[Page 151]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 268_LAND DISPOSAL RESTRICTIONS--Table of Contents
 
 Subpart B_Schedule for Land Disposal Prohibition and Establishment of 
                           Treatment Standards
 
Sec. 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 section 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, not withstanding 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 this 
chapter within 12 months after promulgation of the new listing or 
characteristic.
    (c) Wastes which are newly identified or listed under section 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, not withstanding 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 this chapter 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 Sec. 268.4.

[57 FR 37271, Aug. 18, 1992]

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