[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: 40CFR268.38]



[Page 191-192]

 

                   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.  268.38  Waste specific prohibitions--newly identified organic 

toxicity characteristic wastes and newly listed coke by-product and 

chlorotoluene production wastes.



    (a) Effective December 19, 1994, the wastes specified in 40 CFR 

261.32 as EPA Hazardous Waste numbers K141, K142, K143, K144, K145, 

K147, K148, K149, K150, and K151 are prohibited from land disposal. In 

addition, debris contaminated with EPA Hazardous Waste numbers F037, 

F038, K107-K112, K117, K118, K123-K126, K131, K132, K136, U328, U353, 

U359, and soil and debris contaminated with D012-D043, K141-K145, and 

K147-K151 are prohibited from land disposal. The following wastes that 

are specified in 40 CFR 261.24, Table 1 as EPA Hazardous Waste numbers: 

D012, D013, D014, D015, D016, D017, D018, D019, D020, D021, D022, D023, 

D024, D025, D026, D027, D028, D029, D030, D031, D032, D033, D034, D035, 

D036, D037, D038, D039, D040, D041, D042, D043 that are not radioactive, 

or that are managed in systems other than those whose discharge is 

regulated under the Clean Water Act (CWA), or that are zero dischargers 

that do not engage in CWA-equivalent treatment before ultimate land 

disposal, or that are injected in Class I deep wells regulated under the 

Safe Drinking Water Act (SDWA), are prohibited from land disposal. CWA-

equivalent treatment means biological treatment for organics, alkaline 

chlorination or ferrous sulfate precipitation for cyanide, 

precipitation/ sedimentation for metals, reduction of hexavalent 

chromium, or other treatment technology that can be demonstrated to 

perform equally or better than these technologies.

    (b) On September 19, 1996, radioactive wastes that are mixed with 

D018-D043 that are managed in systems other than those whose discharge 

is regulated under the Clean Water Act (CWA), or that inject in Class I 

deep wells regulated under the Safe Drinking Water Act (SDWA), or that 

are zero dischargers that engage in CWA-equivalent treatment before 

ultimate land disposal, are prohibited from land disposal. CWA-

equivalent treatment means biological treatment for organics, alkaline 

chlorination or ferrous sulfate precipitation for cyanide, 

precipitation/ sedimentation for metals, reduction of hexavalent 

chromium, or other treatment technology that can be demonstrated to 

perform equally or greater than these technologies. Radioactive wastes 

mixed with K141-K145, and K147-K151 are also prohibited from land 

disposal. In addition, soil and debris contaminated with these 

radioactive mixed wastes are prohibited from land disposal.

    (c) Between December 19, 1994 and September 19, 1996, the wastes 

included in paragraphs (b) of this section may be



[[Page 192]]



disposed in a landfill or surface impoundment, only if such unit is in 

compliance with the requirements specified in Sec.  268.5(h)(2) of this 

Part.

    (d) The requirements of paragraphs (a), (b), and (c) 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;

    (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.

    (e) 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 

constituents in excess of the applicable Subpart D levels, the waste is 

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

applicable, except as otherwise specified.



[59 FR 48045, Sept. 19, 1995]