[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: 40CFR268.35]

[Page 155]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 268_LAND DISPOSAL RESTRICTIONS--Table of Contents
 
                 Subpart C_Prohibitions on Land Disposal
 
Sec. 268.35  Waste specific prohibitions--petroleum refining wastes.

    (a) Effective February 8, 1999, the wastes specified in 40 CFR part 
261 as EPA Hazardous Wastes Numbers K169, K170, K171, and K172, soils 
and debris contaminated with these wastes, radioactive wastes mixed with 
these hazardous wastes, and soils and debris contaminated with these 
radioactive mixed 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 that have met treatment standards in Sec. 
268.40 or in 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 
constituents in excess of the applicable Universal Treatment Standard 
levels of Sec. 268.48, the waste is prohibited from land disposal, and 
all requirements of this part are applicable, except as otherwise 
specified.

[63 FR 42186, Aug. 6, 1998]