[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: 40CFR268.3]

[Page 138-139]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 268_LAND DISPOSAL RESTRICTIONS--Table of Contents
 
                            Subpart A_General
 
Sec. 268.3  Dilution prohibited as a substitute for treatment.

    (a) Except as provided in paragraph (b) of this section, no 
generator, transporter, handler, or owner or operator of a treatment, 
storage, or disposal facility shall in any way dilute a restricted waste 
or the residual from treatment of a restricted waste as a substitute for 
adequate treatment to achieve compliance with subpart D of this part, to 
circumvent the effective date of a prohibition in subpart C of this 
part, to otherwise avoid a prohibition in subpart C of this part, or to 
circumvent a land disposal prohibition imposed by RCRA section 3004.
    (b) Dilution of wastes that are hazardous only because they exhibit 
a characteristic in treatment systems which include land- based units 
which treat wastes subsequently discharged to a water of the United 
States pursuant to a permit issued under section 402 of the Clean Water 
Act (CWA), or which treat wastes in a CWA-equivalent treatment system, 
or which treat wastes for the purposes of pretreatment requirements 
under section 307 of the CWA is not impermissible dilution for purposes 
of this section unless a method other than DEACT has been specified in 
Sec. 268.40 as the treatment standard, or unless the waste is a D003 
reactive cyanide wastewater or nonwastewater.
    (c) Combustion of the hazardous waste codes listed in Appendix XI of 
this part is prohibited, unless the waste, at the point of generation, 
or after any bona fide treatment such as cyanide destruction prior to 
combustion, can be demonstrated to comply

[[Page 139]]

with one or more of the following criteria (unless otherwise 
specifically prohibited from combustion):
    (1) The waste contains hazardous organic constituents or cyanide at 
levels exceeding the constituent-specific treatment standard found in 
Sec. 268.48;
    (2) The waste consists of organic, debris-like materials (e.g., 
wood, paper, plastic, or cloth) contaminated with an inorganic metal-
bearing hazardous waste;
    (3) The waste, at point of generation, has reasonable heating value 
such as greater than or equal to 5000 BTU per pound;
    (4) The waste is co-generated with wastes for which combustion is a 
required method of treatment;
    (5) The waste is subject to Federal and/or State requirements 
necessitating reduction of organics (including biological agents); or
    (6) The waste contains greater than 1% Total Organic Carbon (TOC).
    (d) It is a form of impermissible dilution, and therefore 
prohibited, to add iron filings or other metallic forms of iron to lead-
containing hazardous wastes in order to achieve any land disposal 
restriction treatment standard for lead. Lead-containing wastes include 
D008 wastes (wastes exhibiting a characteristic due to the presence of 
lead), all characteristic wastes containing lead as an underlying 
hazardous constituent, listed wastes containing lead as a regulated 
constituent, and hazardous media containing any of the aforementioned 
lead-containing wastes.

[61 FR 15663, Apr. 8, 1996, as amended at 61 FR 33682, June 28, 1996; 63 
FR 28639, May 26, 1998]