[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: 40CFR268.6]

[Page 142-144]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 268_LAND DISPOSAL RESTRICTIONS--Table of Contents
 
                            Subpart A_General
 
Sec. 268.6  Petitions to allow land disposal of a waste prohibited 
under subpart C of part 268.

    (a) Any person seeking an exemption from a prohibition under subpart 
C of this part for the disposal of a restricted hazardous waste in a 
particular unit or units must submit a petition to the Administrator 
demonstrating, to a reasonable degree of certainty, that there will be 
no migration of hazardous constituents from the disposal unit or 
injection zone for as long as the wastes remain hazardous. The 
demonstration must include the following components:
    (1) An identification of the specific waste and the specific unit 
for which the demonstration will be made;
    (2) A waste analysis to describe fully the chemical and physical 
characteristics of the subject waste;
    (3) A comprehensive characterization of the disposal unit site 
including an analysis of background air, soil, and water quality.
    (4) A monitoring plan that detects migration at the earliest 
practicable time;
    (5) Sufficient information to assure the Administrator that the 
owner or operator of a land disposal unit receiving restricted waste(s) 
will comply with other applicable Federal, State, and local laws.
    (b) The demonstration referred to in paragraph (a) of this section 
must meet the following criteria:
    (1) All waste and environmental sampling, test, and analysis data 
must be accurate and reproducible to the extent that state-of-the-art 
techniques allow;
    (2) All sampling, testing, and estimation techniques for chemical 
and physical properties of the waste and all environmental parameters 
must have been approved by the Administrator;
    (3) Simulation models must be calibrated for the specific waste and 
site conditions, and verified for accuracy by comparison with actual 
measurements;
    (4) A quality assurance and quality control plan that addresses all 
aspects of the demonstration must be approved by the Administrator; and,
    (5) An analysis must be performed to identify and quantify any 
aspects of the demonstration that contribute significantly to 
uncertainty. This analysis must include an evaluation of the 
consequences of predictable future events, including, but not limited 
to, earthquakes, floods, severe storm events, droughts, or other natural 
phenomena.
    (c) Each petition referred to in paragraph (a) of this section must 
include the following:
    (1) A monitoring plan that describes the monitoring program 
installed at and/or around the unit to verify continued compliance with 
the conditions of the variance. This monitoring plan must provide 
information on the monitoring of the unit and/or the environment around 
the unit. The following specific information must be included in the 
plan:
    (i) The media monitored in the cases where monitoring of the 
environment around the unit is required;
    (ii) The type of monitoring conducted at the unit, in the cases 
where monitoring of the unit is required;

[[Page 143]]

    (iii) The location of the monitoring stations;
    (iv) The monitoring interval (frequency of monitoring at each 
station);
    (v) The specific hazardous constituents to be monitored;
    (vi) The implementation schedule for the monitoring program;
    (vii) The equipment used at the monitoring stations;
    (viii) The sampling and analytical techniques employed; and
    (ix) The data recording/reporting procedures.
    (2) Where applicable, the monitoring program described in paragraph 
(c)(1) of this section must be in place for a period of time specified 
by the Administrator, as part of his approval of the petition, prior to 
receipt of prohibited waste at the unit.
    (3) The monitoring data collected according to the monitoring plan 
specified under paragraph (c)(1) of this section must be sent to the 
Administrator according to a format and schedule specified and approved 
in the monitoring plan, and
    (4) A copy of the monitoring data collected under the monitoring 
plan specified under paragraph (c)(1) of this section must be kept on-
site at the facility in the operating record.
    (5) The monitoring program specified under paragraph (c)(1) of this 
section meet the following criteria:
    (i) All sampling, testing, and analytical data must be approved by 
the Administrator and must provide data that is accurate and 
reproducible.
    (ii) All estimation and monitoring techniques must be approved by 
the Administrator.
    (iii) A quality assurance and quality control plan addressing all 
aspects of the monitoring program must be provided to and approved by 
the Administrator.
    (d) Each petition must be submitted to the Administrator.
    (e) After a petition has been approved, the owner or operator must 
report any changes in conditions at the unit and/or the environment 
around the unit that significantly depart from the conditions described 
in the variance and affect the potential for migration of hazardous 
constituents from the units as follows:
    (1) If the owner or operator plans to make changes to the unit 
design, construction, or operation, such a change must be proposed, in 
writing, and the owner or operator must submit a demonstration to the 
Administrator at least 30 days prior to making the change. The 
Administrator will determine whether the proposed change invalidates the 
terms of the petition and will determine the appropriate response. Any 
change must be approved by the Administrator prior to being made.
    (2) If the owner or operator discovers that a condition at the site 
which was modeled or predicted in the petition does not occur as 
predicted, this change must be reported, in writing, to the 
Administrator within 10 days of discovering the change. The 
Administrator will determine whether the reported change from the terms 
of the petition requires further action, which may include termination 
of waste acceptance and revocation of the petition, petition 
modifications, or other responses.
    (f) If the owner or operator determines that there is migration of 
hazardous constituent(s) from the unit, the owner or operator must:
    (1) Immediately suspend receipt of prohibited waste at the unit, and
    (2) Notify the Administrator, in writing, within 10 days of the 
determination that a release has occurred.
    (3) Following receipt of the notification the Administrator will 
determine, within 60 days of receiving notification, whether the owner 
or operator can continue to receive prohibited waste in the unit and 
whether the variance is to be revoked. The Administrator shall also 
determine whether further examination of any migration is warranted 
under applicable provisions of part 264 or part 265.
    (g) 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 
submitted information is true, accurate, and complete. I am aware

[[Page 144]]

that there are significant penalties for submitting false information, 
including the possibility of fine and imprisonment.

    (h) After receiving a petition, the Administrator may request any 
additional information that reasonably may be required to evaluate the 
demonstration.
    (i) If approved, the petition will apply to land disposal of the 
specific restricted waste at the individual disposal unit described in 
the demonstration and will not apply to any other restricted waste at 
that disposal unit, or to that specific restricted waste at any other 
disposal unit.
    (j) 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 petition will be 
published in the Federal Register.
    (k) The term of a petition granted under this section shall be no 
longer than the term of the RCRA permit if the disposal unit is 
operating under a RCRA permit, or up to a maximum of 10 years from the 
date of approval provided under paragraph (g) of this section if the 
unit is operating under interim status. In either case, the term of the 
granted petition shall expire upon the termination or denial of a RCRA 
permit, or upon the termination of interim status or when the volume 
limit of waste to be land disposed during the term of petition is 
reached.
    (l) Prior to the Administrator's decision, 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.
    (m) The petition granted by the Administrator does not relieve the 
petitioner of his responsibilities in the management of hazardous waste 
under 40 CFR part 260 through part 271.
    (n) Liquid hazardous wastes containing polychlorinated biphenyls at 
concentrations greater than or equal to 500 ppm are not eligible for an 
exemption under this section.

[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 52 
FR 25789, July 8, 1987; 53 FR 31212, Aug. 17, 1988; 54 FR 36971, Sept. 
6, 1989]