[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: 40CFR268.39]



[Page 192-193]

 

                   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.  268.39  Waste specific prohibitions--spent aluminum potliners; 

reactive; and carbamate wastes.



    (a) On July 8, 1996, the wastes specified in 40 CFR 261.32 as EPA 

Hazardous Waste numbers K156-K159, and K161; and in 40 CFR 261.33 as EPA 

Hazardous Waste numbers P127, P128, P185, P188-P192, P194, P196-P199, 

P201-P205, U271, U278-U280, U364, U367, U372, U373, U387, U389, U394, 

U395, U404, and U409-U411 are prohibited from land disposal. In 

addition, soil and debris contaminated with these wastes are prohibited 

from land disposal.

    (b) On July 8, 1996, the wastes identified in 40 CFR 261.23 as D003 

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. This 

prohibition does not apply to unexploded ordnance and other explosive 

devices which have been the subject of an emergency response. (Such D003 

wastes are prohibited unless they meet the treatment standard of DEACT 

before land disposal (see Sec.  268.40)).

    (c) On September 21, 1998, the wastes specified in 40 CFR 261.32 as 

EPA Hazardous Waste number K088 are prohibited from land disposal. In 

addition, soil and debris contaminated with these wastes are prohibited 

from land disposal.

    (d) On April 8, 1998, radioactive wastes mixed with K088, K156-K159, 

K161, P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, 

U278-U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and 

U409-U411 are prohibited from land disposal. In addition, soil and 

debris contaminated with these radioactive mixed wastes are prohibited 

from land disposal.

    (e) Between July 8, 1996, and April 8, 1998, the wastes included in 

paragraphs (a), (c), and (d) of this section 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)(2).

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



[[Page 193]]



to these wastes covered by the extension.

    (g) 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 this part 268 are 

applicable, except as otherwise specified.



[61 FR 15663, Apr. 8, 1996, as amended at 61 FR 33683, June 28, 1996; 62 

FR 1997, Jan. 14, 1997; 62 FR 32979, June 17, 1997; 62 FR 37699, July 

14, 1997; 63 FR 51264, Sept. 24, 1998]