[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR268.2]



[Page 172-173]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 268_LAND DISPOSAL RESTRICTIONS--Table of Contents

 

                            Subpart A_General

 

Sec.  268.2  Definitions applicable in this part.



    When used in this part the following terms have the meanings given 

below:

    (a) Halogenated organic compounds or HOCs means those compounds 

having a carbon-halogen bond which are listed under appendix III to this 

part.

    (b) Hazardous constituent or constituents means those constituents 

listed in appendix VIII to part 261 of this chapter.

    (c) Land disposal means placement in or on the land, except in a 

corrective action management unit or staging pile, and includes, but is 

not limited to, placement in a landfill, surface impoundment, waste 

pile, injection well, land treatment facility, salt dome formation, salt 

bed formation, underground mine or cave, or placement in a concrete 

vault, or bunker intended for disposal purposes.

    (d) Nonwastewaters are wastes that do not meet the criteria for 

wastewaters in paragraph (f) of this section.

    (e) Polychlorinated biphenyls or PCBs are halogenated organic 

compounds defined in accordance with 40 CFR 761.3.

    (f) Wastewaters are wastes that contain less than 1% by weight total 

organic carbon (TOC) and less than 1% by weight total suspended solids 

(TSS).

    (g) Debris means solid material exceeding a 60 mm particle size that 

is intended for disposal and that is: A manufactured object; or plant or 

animal matter; or natural geologic material. However, the following 

materials are not debris: Any material for which a specific treatment 

standard is provided in Subpart D, Part 268, namely lead acid batteries, 

cadmium batteries, and radioactive lead solids; Process residuals such 

as smelter slag and residues



[[Page 173]]



from the treatment of waste, wastewater, sludges, or air emission 

residues; and Intact containers of hazardous waste that are not ruptured 

and that retain at least 75% of their original volume. A mixture of 

debris that has not been treated to the standards provided by Sec.  

268.45 and other material is subject to regulation as debris if the 

mixture is comprised primarily of debris, by volume, based on visual 

inspection.

    (h) Hazardous debris means debris that contains a hazardous waste 

listed in subpart D of part 261 of this chapter, or that exhibits a 

characteristic of hazardous waste identified in subpart C of part 261 of 

this chapter. Any deliberate mixing of prohibited hazardous waste with 

debris that changes its treatment classification (i.e., from waste to 

hazardous debris) is not allowed under the dilution prohibition in Sec.  

268.3.

    (i) Underlying hazardous constituent means any constituent listed in 

Sec.  268.48, Table UTS--Universal Treatment Standards, except fluoride, 

selenium, sulfides, vanadium, and zinc, which can reasonably be expected 

to be present at the point of generation of the hazardous waste at a 

concentration above the constituent-specific UTS treatment standards.

    (j) Inorganic metal-bearing waste is one for which EPA has 

established treatment standards for metal hazardous constituents, and 

which does not otherwise contain significant organic or cyanide content 

as described in Sec.  268.3(c)(1), and is specifically listed in 

appendix XI of this part.

    (k) Soil means unconsolidated earth material composing the 

superficial geologic strata (material overlying bedrock), consisting of 

clay, silt, sand, or gravel size particles as classified by the U.S. 

Natural Resources Conservation Service, or a mixture of such materials 

with liquids, sludges or solids which is inseparable by simple 

mechanical removal processes and is made up primarily of soil by volume 

based on visual inspection. Any deliberate mixing of prohibited 

hazardous waste with soil that changes its treatment classification 

(i.e., from waste to contaminated soil) is not allowed under the 

dilution prohibition in Sec.  268.3.



[55 FR 22686, June 1, 1990, as amended at 56 FR 3877, Jan. 31, 1991; 57 

FR 37270, Aug. 18, 1992; 58 FR 8685, Feb. 16, 1993; 58 FR 29884, May 24, 

1993; 59 FR 48043, Sept. 19, 1994; 60 FR 244, Jan. 3, 1995; 61 FR 15597, 

15662, Apr. 8, 1996; 61 FR 33682, June 28, 1996; 63 FR 28639, May 26, 

1998; 63 FR 65940, Nov. 30, 1998; 64 FR 25414, May 11, 1999]