[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: 40CFR268.34]



[Page 189-190]

 

                   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.  268.34  Waste specific prohibitions--toxicity characteristic metal 

wastes.



    (a) Effective August 24, 1998, the following wastes are prohibited 

from land disposal: the wastes specified in 40 CFR Part 261 as EPA 

Hazardous Waste numbers D004-D011 that are newly identified (i.e. 

wastes, soil, or debris identified as hazardous by the Toxic 

Characteristic Leaching Procedure but not the Extraction Procedure), and 

waste, soil, or debris from mineral processing operations that is 

identified as hazardous by the specifications at 40 CFR Part 261.

    (b) Effective November 26, 1998, the following waste is prohibited 

from land disposal: Slag from secondary lead smelting which exhibits the 

Toxicity Characteristic due to the presence of one or more metals.

    (c) Effective May 26, 2000, the following wastes are prohibited from 

land disposal: newly identified characteristic wastes from elemental 

phosphorus processing; radioactive wastes mixed with EPA Hazardous 

wastes D004-D011 that are newly identified (i.e., wastes, soil, or 

debris identified as hazardous by the Toxic Characteristic Leaching 

Procedure but not the Extraction Procedure); or mixed with newly 

identified characteristic mineral processing wastes, soil, or debris.

    (d) Between May 26, 1998 and May 26, 2000, newly identified 

characteristic wastes from elemental phosphorus processing, radioactive 

waste mixed with D004-D011 wastes that are newly identified (i.e., 

wastes, soil, or debris identified as hazardous by the Toxic 

Characteristic Leaching Procedure but not the Extraction Procedure), or 

mixed with newly identified characteristic mineral processing wastes, 

soil, or debris may be disposed in a landfill or surface impoundment 

only if such unit is in compliance with the requirements specified in 

Sec.  268.5(h) of this part.

    (e) The requirements of paragraphs (a) and (b) 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 alternate treatment standards 

established pursuant to a petition granted under Sec.  268.44; or

    (4) 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.

    (f) To determine whether a hazardous waste identified in this 

section exceeds the applicable treatment standards



[[Page 190]]



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 concentration in the waste extract 

or the waste, or the generator may use knowledge of the waste. If the 

waste contains constituents (including underlying hazardous constituents 

in characteristic wastes) in excess of the applicable Universal 

Treatment Standard levels of Sec.  268.48 of this part, the waste is 

prohibited from land disposal, and all requirements of part 268 are 

applicable, except as otherwise specified.



[63 FR 28641, May 26, 1998, as amended at 63 FR 48127, Sept. 9, 1998]