[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: 40CFR268.44] [Page 236-239] TITLE 40--PROTECTION OF ENVIRONMENT AGENCY (CONTINUED) PART 268_LAND DISPOSAL RESTRICTIONS--Table of Contents Subpart D_Treatment Standards Sec. 268.44 Variance from a treatment standard. (a) Based on a petition filed by a generator or treater of hazardous waste, the Administrator may approve a variance from an applicable treatment standard if: (1) It is not physically possible to treat the waste to the level specified in the treatment standard, or by the method specified as the treatment standard. To show that this is the case, the petitioner must demonstrate that because the physical or chemical properties of the waste differ significantly from waste analyzed in developing the treatment standard, the waste cannot be treated to the specified level or by the specified method; or (2) It is inappropriate to require the waste to be treated to the level specified in the treatment standard or by the method specified as the treatment standard, even though such treatment is technically possible. To show that [[Page 237]] this is the case, the petitioner must either demonstrate that: (i) Treatment to the specified level or by the specified method is technically inappropriate (for example, resulting in combustion of large amounts of mildly contaminated environmental media); or (ii) For remediation waste only, treatment to the specified level or by the specified method is environmentally inappropriate because it would likely discourage aggressive remediation. (b) Each petition must be submitted in accordance with the procedures in Sec. 260.20. (c) Each petition must include the following statement signed by the petitioner or an authorized representative: I certify under penalty of law that I have personally examined and am familiar with the information submitted in this petition and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that these are significant penalties for submitting false information, including the possibility of fine and imprisonment. (d) After receiving a petition for variance from a treatment standard, the Administrator may request any additional information or samples which he may require to evaluate the petition. Additional copies of the complete petition may be requested as needed to send to affected states and Regional Offices. (e) The Administrator will give public notice in the Federal Register of the intent to approve or deny a petition and provide an opportunity for public comment. The final decision on a variance from a treatment standard will be published in the Federal Register. (f) A generator, treatment facility, or disposal facility that is managing a waste covered by a variance from the treatment standards must comply with the waste analysis requirements for restricted wastes found under Sec. 268.7. (g) During the petition review process, the applicant is required to comply with all restrictions on land disposal under this part once the effective date for the waste has been reached. (h) Based on a petition filed by a generator or treater of hazardous waste, the Administrator or his or her delegated representative may approve a site-specific variance from an applicable treatment standard if: (1) It is not physically possible to treat the waste to the level specified in the treatment standard, or by the method specified as the treatment standard. To show that this is the case, the petitioner must demonstrate that because the physical or chemical properties of the waste differ significantly from waste analyzed in developing the treatment standard, the waste cannot be treated to the specified level or by the specified method; or (2) It is inappropriate to require the waste to be treated to the level specified in the treatment standard or by the method specified as the treatment standard, even though such treatment is technically possible. To show that this is the case, the petitioner must either demonstrate that: (i) Treatment to the specified level or by the specified method is technically inappropriate (for example, resulting in combustion of large amounts of mildly contaminated environmental media where the treatment standard is not based on combustion of such media); or (ii) For remediation waste only, treatment to the specified level or by the specified method is environmentally inappropriate because it would likely discourage aggressive remediation. (3) For contaminated soil only, treatment to the level or by the method specified in the soil treatment standards would result in concentrations of hazardous constituents that are below (i.e., lower than) the concentrations necessary to minimize short- and long-term threats to human health and the environment. Treatment variances approved under this paragraph must: (i) At a minimum, impose alternative land disposal restriction treatment standards that, using a reasonable maximum exposure scenario: (A) For carcinogens, achieve constituent concentrations that result in the total excess risk to an individual [[Page 238]] exposed over a lifetime generally falling within a range from 10 -4 to 10 -6; and (B) For constituents with non-carcinogenic effects, achieve constituent concentrations that an individual could be exposed to on a daily basis without appreciable risk of deleterious effect during a lifetime. (ii) Not consider post-land-disposal controls. (4) For contaminated soil only, treatment to the level or by the method specified in the soil treatment standards would result in concentrations of hazardous constituents that are below (i.e., lower than) natural background concentrations at the site where the contaminated soil will land disposed. (5) Public notice and a reasonable opportunity for public comment must be provided before granting or denying a petition. (i) Each application for a site-specific variance from a treatment standard must include the information in Sec. 260.20(b)(1)-(4); (j) After receiving an application for a site-specific variance from a treatment standard, the Assistant Administrator, or his delegated representative, may request any additional information or samples which may be required to evaluate the application. (k) A generator, treatment facility, or disposal facility that is managing a waste covered by a site-specific variance from a treatment standard must comply with the waste analysis requirements for restricted wastes found under Sec. 268.7. (l) During the application review process, the applicant for a site- specific variance must comply with all restrictions on land disposal under this part once the effective date for the waste has been reached. (m) For all variances, the petitioner must also demonstrate that compliance with any given treatment variance is sufficient to minimize threats to human health and the environment posed by land disposal of the waste. In evaluating this demonstration, EPA may take into account whether a treatment variance should be approved if the subject waste is to be used in a manner constituting disposal pursuant to 40 CFR 266.20 through 266.23. (n) [Reserved] (o) The following facilities are excluded from the treatment standards under Sec. 268.40, and are subject to the following constituent concentrations: Table--Wastes Excluded From the Treatment Standards Under Sec. 268.40 -------------------------------------------------------------------------------------------------------------------------------------------------------- Wastewaters Nonwastewaters Regulated hazardous --------------------------------------------------------- Facility name\1\ and address Waste code See also constituent Concentration Concentration (mg/l) Notes (mg/kg) Notes -------------------------------------------------------------------------------------------------------------------------------------------------------- Craftsman Plating and Tinning, F006 Table CCWE in 268.40. Cyanides (Total)..... 1.2 (\2\) 1800 (\4\) Corp., Chicago, IL. ............ Cyanides (Amenable).. .86 (\2\ and 30 (\4\) \3\) ............ Cadmium.............. 1.6 ............ NA ............ ............ Chromium............. .32 ............ NA ............ ............ Lead................. .040 ............ NA ............ ............ Nickel............... .44 ............ NA ............ CWM Chemical Services, LLC, Model K088\9\ Standards under Sec. Arsenic.............. 1.4 NA 5.0 mg/L TCLP NA City, New York. 268.40. Dupont Environmental Treatment-- K088 Standards under Sec. Arsenic.............. 1.4 NA 5.0 mg/L TCLP NA Chambers Works Wastewater 268.40. Treatment Plant, Deepwater, NJ \8\. Guardian Industries Corp., D010 Standards under Selenium............. NA NA 28 mg/L TCLP NA Jefferson Hills, PA 6 11 12. 268.40. Owens Brockway Glass Container D010 Standards under Sec. Selenium............. NA NA 51 mg/L TCLP NA. Company, Vernon CA \6\ \7\. 268.40. Northwestern Plating Works, Inc., F006 Table CCWE in 268.40. Cyanides (Total)..... 1.2 (\2\ and 970 (\4\) Chicago, IL. \3\) ............ Cyanides (Amenable).. .86 (\2\) 30 (\4\) ............ Cadmium.............. 1.6 ............ NA ............ ............ Chromium............. .32 ............ NA ............ [[Page 239]] ............ Lead................. .040 ............ NA ............ ............ Nickel............... .44 ............ NA ............ St. Gobain Containers, El Monte, D010 Standards under Sec. Selenium............. NA NA 25 mg/L TCLP NA. CA \5\ \7\. 268.40. U.S. Ecology Idaho, Incorporated, K088\10\ Standards under Sec. Arsenic.............. 1.4 NA 5.0 mg/L TCLP NA Grandview, Idaho. 268.40. -------------------------------------------------------------------------------------------------------------------------------------------------------- (\1\)--A facility may certify compliance with these treatment standards according to provisions in 40 CFR 268.7. (\2\)--Cyanide Wastewater Standards for F006 are based on analysis of composite samples. (\3\)--These facilities must comply with 0.86 mg/l for amenable cyanides in the wastewater exiting the alkaline chlorination system. These facilities must also comply with 40 CFR Sec. 268.7.a.4 for appropriate monitoring frequency consistent with the facilities' waste analysis plan. (\4\)--Cyanide nonwastewaters are analyzed using SW-846 Method 9010 or 9012, sample size 10 grams, distillation time, 1 hour and 15 minutes. (\5\)--Alternative D010 selenium standard only applies to dry scrubber solid from glass manufacturing wastes. (\6\)--Alternative D010 selenium standard only applies to electrostatic precipitator dust generated during glass manufacturing operations. (\7\)--D010 wastes generated by these two facilities must be treated by Chemical Waste Management, Inc. at their Kettleman Hills facility in Kettleman City, California. (\8\)--Dupont Environmental Treatment-Chambers Works must dispose of this waste in their on-site Subtitle C hazardous waste landfill. (\9\)--This treatment standard applies only to K088-derived bag house dust, incinerator ash, and filtercake at this facility. (\10\)--This treatment standard applies only to K088-derived air emission control dust generated by this facility. (\11\)--D010 wastes generated by this facility must be treated by Heritage Environmental Services, LLC. at their treatment facility in Indianapolis, Indiana. (\12\)--D010 waste generated by this facility may be treated by Chemical Waste Management, Chemical Services, LLC. at their treatment facility in Model City, New York. Note: NA means Not Applicable. [51 FR 40642, Nov. 7, 1986, as amended at 52 FR 21017, June 4, 1987; 53 FR 31221, Aug. 17, 1988; 54 FR 36972, Sept. 6, 1989; 56 FR 12355, Mar. 25, 1991; 61 FR 55727, Oct. 28, 1996; 62 FR 26025, May 12, 1997; 62 FR 64509, Dec. 5, 1997; 63 FR 28738, May 26, 1998; 64 FR 28391, May 26, 1999; 66 FR 33890, June 26, 2001; 67 FR 35928, May 22, 2002; 67 FR 36818, May 28, 2002; 69 FR 6575, Feb. 11, 2004; 69 FR 67653, Nov. 19, 2004] Effective Date Note: At 70 FR 34589, June 14, 2005, Sec. 268.44 was amended by revising footnote 4 of the table ``Wastes Excluded From the Treatment Standards Under Sec. 268.40,'' effective July 14, 2005. For the convenience of the user, the revised text is set forth as follows: Sec. 268.44 Variance from a treatment standard. * * * * * Table--Wastes Excluded From the Treatment Standards Under Sec. 268.40 * * * * * (\4\)--Cyanide nonwastewaters are analyzed using SW-846 Method 9010C or 9012B, as incorporated by reference in Sec. 260.11 of this chapter, sample size 10 grams, distillation time, 1 hour and 15 minutes. * * * * *