[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: 40CFR268.33]



[Page 188-189]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 268_LAND DISPOSAL RESTRICTIONS--Table of Contents

 

                 Subpart C_Prohibitions on Land Disposal

 

Sec.  268.33  Waste specific prohibitions--chlorinated aliphatic wastes.



    (a) Effective May 8, 2001, the wastes specified in 40 CFR part 261 

as EPA Hazardous Wastes Numbers K174, and K175, soil and debris 

contaminated with these wastes, radioactive wastes mixed with these 

wastes, and soil and debris contaminated with radioactive wastes mixed 

with these 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;



[[Page 189]]



    (3) The wastes meet the applicable treatment standards established 

pursuant to a petition granted under Sec.  268.44;

    (4) Hazardous debris has met the treatment standards in Sec.  268.40 

or 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 

regulated constituents in excess of the applicable levels of subpart D 

of this part, the waste is prohibited from land disposal, and all 

requirements of part 268 are applicable, except as otherwise specified.

    (d) Disposal of K175 wastes that have complied with all applicable 

40 CFR 268.40 treatment standards must also be macroencapsulated in 

accordance with 40 CFR 268.45 Table 1 unless the waste is placed in:

    (1) A Subtitle C monofill containing only K175 wastes that meet all 

applicable 40 CFR 268.40 treatment standards; or

    (2) A dedicated Subtitle C landfill cell in which all other wastes 

being co-disposed are at pH<=6.0.



[65 FR 67127, Nov. 8, 2000]