[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: 40CFR268.34]

[Page 154-155]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 268_LAND DISPOSAL RESTRICTIONS--Table of Contents
 
                 Subpart C_Prohibitions on Land Disposal
 
Sec. 268.34  Waste specific prohibitions--toxicity characteristic 
metal wastes.

    (a) Effective August 24, 1998, the following wastes are prohibited 
from land disposal: the wastes specified in 40 CFR Part 261 as EPA 
Hazardous Waste numbers D004-D011 that are newly identified (i.e. 
wastes, soil, or debris identified as hazardous by the Toxic 
Characteristic Leaching Procedure but not the Extraction Procedure), and 
waste, soil, or debris from mineral processing operations that is 
identified as hazardous by the specifications at 40 CFR Part 261.
    (b) Effective November 26, 1998, the following waste is prohibited 
from land disposal: Slag from secondary lead smelting which exhibits the 
Toxicity Characteristic due to the presence of one or more metals.
    (c) Effective May 26, 2000, the following wastes are prohibited from 
land disposal: newly identified characteristic wastes from elemental 
phosphorus processing; radioactive wastes mixed with EPA Hazardous 
wastes D004-D011 that are newly identified (i.e., wastes, soil, or 
debris identified as hazardous by the Toxic Characteristic Leaching 
Procedure but not the Extraction Procedure); or mixed with newly 
identified characteristic mineral processing wastes, soil, or debris.
    (d) Between May 26, 1998 and May 26, 2000, newly identified 
characteristic wastes from elemental phosphorus processing, radioactive 
waste mixed with D004-D011 wastes that are newly identified (i.e., 
wastes, soil, or debris identified as hazardous by the Toxic 
Characteristic Leaching Procedure but not the Extraction Procedure), or 
mixed with newly identified characteristic mineral processing wastes, 
soil, or debris may be disposed in a landfill or surface impoundment 
only if such unit is in compliance with the requirements specified in 
Sec. 268.5(h) of this part.
    (e) The requirements of paragraphs (a) and (b) 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 alternate treatment standards 
established pursuant to a petition granted under Sec. 268.44; or
    (4) 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.
    (f) To determine whether a hazardous waste identified in this 
section exceeds the applicable treatment standards

[[Page 155]]

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 concentration in the waste extract 
or the waste, or the generator may use knowledge of the waste. If the 
waste contains constituents (including underlying hazardous constituents 
in characteristic wastes) in excess of the applicable Universal 
Treatment Standard levels of Sec. 268.48 of this part, the waste is 
prohibited from land disposal, and all requirements of part 268 are 
applicable, except as otherwise specified.

[63 FR 28641, May 26, 1998, as amended at 63 FR 48127, Sept. 9, 1998]