[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: 40CFR268.4]



[Page 174-175]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 268_LAND DISPOSAL RESTRICTIONS--Table of Contents

 

                            Subpart A_General

 

Sec.  268.4  Treatment surface impoundment exemption.



    (a) Wastes which are otherwise prohibited from land disposal under 

this part may be treated in a surface impoundment or series of 

impoundments provided that:

    (1) Treatment of such wastes occurs in the impoundments;

    (2) The following conditions are met:

    (i) Sampling and testing. For wastes with treatment standards in 

subpart D of this part and/or prohibition levels in subpart C of this 

part or RCRA section 3004(d), the residues from treatment are analyzed, 

as specified in Sec.  268.7 or Sec.  268.32, to determine if they meet 

the applicable treatment standards or where no treatment standards have 

been established for the waste, the applicable prohibition levels. The 

sampling method, specified in the waste analysis plan under Sec.  264.13 

or Sec.  265.13, must be designed such that representative samples of 

the sludge and the supernatant are tested separately rather than mixed 

to form homogeneous samples.

    (ii) Removal. The following treatment residues (including any liquid 

waste) must be removed at least annually; residues which do not meet the 

treatment standards promulgated under subpart D of this part; residues 

which do not meet the prohibition levels established under subpart C of 

this part or imposed by statute (where no treatment standards have been 

established); residues which are from the treatment of wastes prohibited 

from land disposal under subpart C of this part (where no treatment 

standards have been established and no prohibition levels apply); or 

residues from managing listed wastes which are not delisted under Sec.  

260.22 of this chapter. If the volume of liquid flowing through the 

impoundment or series of impoundments annually is greater than the 

volume of the impoundment or impoundments, this flow-through constitutes 

removal of the supernatant for the purpose of this requirement.

    (iii) Subsequent management. Treatment residues may not be placed in 

any other surface impoundment for subsequent management.

    (iv) Recordkeeping. Sampling and testing and recordkeeping 

provisions of Sec. Sec.  264.13 and 265.13 of this chapter apply.

    (3) The impoundment meets the design requirements of Sec.  

264.221(c) or Sec.  265.221(a) of this chapter, regardless that the unit 

may not be new, expanded, or a replacement, and be in compliance with 

applicable ground water monitoring requirements of subpart F of part 264 

or part 264 of this chapter unless:

    (i) Exempted pursuant to Sec.  264.221 (d) or (e) of this chapter, 

or to Sec.  265.221 (c) or (d) of this chapter; or,

    (ii) Upon application by the owner or operator, the Administrator, 

after notice and an opportunity to comment, has granted a waiver of the 

requirements on the basis that the surface impoundment:



[[Page 175]]



    (A) Has at least one liner, for which there is no evidence that such 

liner is leaking;

    (B) Is located more than one-quarter mile from an underground source 

of drinking water; and

    (C) Is in compliance with generally applicable ground water 

monitoring requirements for facilities with permits; or,

    (iii) Upon application by the owner or operator, the Administrator, 

after notice and an opportunity to comment, has granted a modification 

to the requirements on the basis of a demonstration that the surface 

impoundment is located, designed, and operated so as to assure that 

there will be no migration of any hazardous constituent into ground 

water or surface water at any future time.

    (4) The owner or operator submits to the Regional Administrator a 

written certification that the requirements of Sec.  268.4(a)(3) have 

been met. The following certification is required:



    I certify under penalty of law that the requirements of 40 CFR 

268.4(a)(3) have been met for all surface impoundments being used to 

treat restricted wastes. I believe that the submitted information is 

true, accurate, and complete. I am aware that there are significant 

penalties for submitting false information, including the possibility of 

fine and imprisonment.



    (b) Evaporation of hazardous constituents as the principal means of 

treatment is not considered to be treatment for purposes of an exemption 

under this section.



[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 52 

FR 25788, July 8, 1987; 53 FR 31212, Aug. 17, 1988; 62 FR 26019, May 12, 

1997; 63 FR 28639, May 26, 1998]