[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: 40CFR268.45] [Page 273-277] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 268_LAND DISPOSAL RESTRICTIONS--Table of Contents Subpart D_Treatment Standards Sec. 268.45 Treatment standards for hazardous debris. (a) Treatment standards. Hazardous debris must be treated prior to land disposal as follows unless EPA determines under Sec. 261.3(f)(2) of this chapter that the debris is no longer contaminated with hazardous waste or the debris is treated to the waste-specific treatment standard provided in this subpart for the waste contaminating the debris: (1) General. Hazardous debris must be treated for each ``contaminant subject to treatment'' defined by paragraph (b) of this section using the technology or technologies identified in Table 1 of this section. (2) Characteristic debris. Hazardous debris that exhibits the characteristic of ignitability, corrosivity, or reactivity identified under Sec. Sec. 261.21, 261.22, and 261.23 of this chapter, respectively, must be deactivated by treatment using one of the technologies identified in Table 1 of this section. (3) Mixtures of debris types. The treatment standards of Table 1 in this section must be achieved for each type of debris contained in a mixture of debris types. If an immobilization technology is used in a treatment train, it must be the last treatment technology used. (4) Mixtures of contaminant types. Debris that is contaminated with two or more contaminants subject to treatment identified under paragraph (b) of this section must be treated for each contaminant using one or more treatment technologies identified in Table 1 of this section. If an immobilization technology is used in a treatment train, it must be the last treatment technology used. (5) Waste PCBs. Hazardous debris that is also a waste PCB under 40 CFR part 761 is subject to the requirements of either 40 CFR part 761 or the requirements of this section, whichever are more stringent. (b) Contaminants subject to treatment. Hazardous debris must be treated for each ``contaminant subject to treatment.'' The contaminants subject to treatment must be determined as follows: (1) Toxicity characteristic debris. The contaminants subject to treatment for debris that exhibits the Toxicity Characteristic (TC) by Sec. 261.24 of this chapter are those EP constituents for which the debris exhibits the TC toxicity characteristic. (2) Debris contaminated with listed waste. The contaminants subject to treatment for debris that is contaminated with a prohibited listed hazardous waste are those constituents or wastes for which treatment standards are established for the waste under Sec. 268.40. (3) Cyanide reactive debris. Hazardous debris that is reactive because of cyanide must be treated for cyanide. (c) Conditioned exclusion of treated debris. Hazardous debris that has been treated using one of the specified extraction or destruction technologies in Table 1 of this section and that does not exhibit a characteristic of hazardous waste identified under subpart C, part 261, of this chapter after treatment is not a hazardous waste and need not be managed in a subtitle C facility. Hazardous debris contaminated with a listed waste that is treated by an immobilization technology specified in Table 1 is a hazardous waste and must be managed in a subtitle C facility. (d) Treatment residuals--(1) General requirements. Except as provided by paragraphs (d)(2) and (d)(4) of this section: (i) Residue from the treatment of hazardous debris must be separated from the treated debris using simple physical or mechanical means; and (ii) Residue from the treatment of hazardous debris is subject to the waste-specific treatment standards provided by subpart D of this part for the waste contaminating the debris. (2) Nontoxic debris. Residue from the deactivation of ignitable, corrosive, or reactive characteristic hazardous debris (other than cyanide-reactive) that is not contaminated with a contaminant subject to treatment defined by paragraph (b) of this section, must be deactivated prior to land disposal and is not subject to the waste-specific treatment standards of subpart D of this part. (3) Cyanide-reactive debris. Residue from the treatment of debris that is reactive because of cyanide must meet the treatment standards for D003 in ``Treatment Standards for Hazardous Wastes'' at Sec. 268.40. [[Page 274]] (4) Ignitable nonwastewater residue. Ignitable nonwastewaster residue containing equal to or greater than 10% total organic carbon is subject to the technology specified in the treatment standard for D001: Ignitable Liquids. (5) Residue from spalling. Layers of debris removed by spalling are hazardous debris that remain subject to the treatment standards of this section. Table 1--Alternative Treatment Standards For Hazardous Debris \1\ ------------------------------------------------------------------------ Performance and/or Technology description design and operating Contaminant standard restrictions \2\ ------------------------------------------------------------------------ A. Extraction Technologies: 1. Physical Extraction a. Abrasive Blasting: Glass, Metal, All Debris: None. Removal of contaminated Plastic, Rubber: debris surface layers Treatment to a using water and/or air clean debris pressure to propel a surface.\3\. solid media (e.g., steel Brick, Cloth, shot, aluminum oxide Concrete, Paper, grit, plastic beads). Pavement, Rock, Wood: Removal of at least 0.6 cm of the surface layer; treatment to a clean debris surface.\3\. b. Scarification, Same as above....... Same as above. Grinding, and Planing: Process utilizing striking piston heads, saws, or rotating grinding wheels such that contaminated debris surface layers are removed. c. Spalling: Drilling or Same as above....... Same as above. chipping holes at appropriate locations and depth in the contaminated debris surface and applying a tool which exerts a force on the sides of those holes such that the surface layer is removed. The surface layer removed remains hazardous debris subject to the debris treatment standards. d. Vibratory Finishing: Same as above....... Same as above. Process utilizing scrubbing media, flushing fluid, and oscillating energy such that hazardous contaminants or contaminated debris surface layers are removed.\4\ e. High Pressure Steam and Same as above....... Same as above. Water Sprays: Application of water or steam sprays of sufficient temperature, pressure, residence time, agitation, surfactants, and detergents to remove hazardous contaminants from debris surfaces or to remove contaminated debris surface layers. 2. Chemical Extraction a. Water Washing and All Debris: Brick, Cloth, Spraying: Application of Treatment to a Concrete, Paper, water sprays or water clean debris Pavement, Rock, baths of sufficient surface \3\; Wood: Contaminant temperature, pressure, Brick, Cloth, must be soluble to residence time, Concrete, Paper, at least 5% by agitation, surfactants, Pavement, Rock, weight in water acids, bases, and Wood: Debris must solution or 5% by detergents to remove be no more than 1.2 weight in emulsion; hazardous contaminants cm (\1/2\ inch) in if debris is from debris surfaces and one dimension contaminated with a surface pores or to (i.e., thickness dioxin-listed remove contaminated limit,\5\ except waste,\6\ an debris surface layers. that this thickness ``Equivalent limit may be waived Technology'' under an approval under Sec. ``Equivalent 268.42(b) must be Technology'' obtained.\8\ approval under Sec. 268.42(b);\8\ debris surfaces must be in contact with water solution for at least 15 minutes. b. Liquid Phase Solvent Same as above....... Brick, Cloth, Extraction: Removal of Concrete, Paper, hazardous contaminants Pavement, Rock, from debris surfaces and Wood: Same as surface pores by applying above, except that a nonaqueous liquid or contaminant must be liquid solution which soluble to at least causes the hazardous 5% by weight in the contaminants to enter the solvent. liquid phase and be flushed away from the debris along with the liquid or liquid solution while using appropriate agitation, temperature, and residence time.\4\ [[Page 275]] c. Vapor Phase Solvent Same as above, Same as above. Extraction: Application except that brick, of an organic vapor using cloth, concrete, sufficient agitation, paper, pavement, residence time, and rock and wood temperature to cause surfaces must be in hazardous contaminants on contact with the contaminated debris organic vapor for surfaces and surface at least 60 minutes. pores to enter the vapor phase and be flushed away with the organic vapor.\4\ 3. Thermal Extraction a. High Temperature Metals For refining Debris contaminated Recovery: Application of furnaces, treated with a dioxin- sufficient heat, debris must be listed waste:\5\ residence time, mixing, separated from Obtain an fluxing agents, and/or treatment residuals ``Equivalent carbon in a smelting, using simple Technology'' melting, or refining physical or approval under Sec. furnace to separate mechanical 268.42(b).\8\ metals from debris. means,\9\ and, prior to further treatment, such residuals must meet the waste-specific treatment standards for organic compounds in the waste contaminating the debris. b. Thermal Desorption: All Debris: Obtain All Debris: Metals Heating in an enclosed an ``Equivalent other than mercury. chamber under either Technology'' oxidizing or nonoxidizing approval under Sec. atmospheres at sufficient 268.42(b);\8\ temperature and residence treated debris must time to vaporize be separated from hazardous contaminants treatment residuals from contaminated using simple surfaces and surface physical or pores and to remove the mechanical contaminants from the means,\9\ and, heating chamber in a prior to further gaseous exhaust gas.\7\ treatment, such residue must meet the waste-specific treatment standards for organic compounds in the waste contaminating the debris. Brick, Cloth, Concrete, Paper, Pavement, Rock, Wood: Debris must be no more than 10 cm (4 inches) in one dimension (i.e., thickness limit),\5\ except that this thickness limit may be waived under the ``Equivalent Technology'' approval. B. Destruction Technologies: 1. Biological Destruction All Debris: Obtain All Debris: Metal (Biodegradation): Removal an ``Equivalent contaminants. of hazardous contaminants Technology'' from debris surfaces and approval under Sec. surface pores in an 268.42(b);\8\ aqueous solution and treated debris must biodegration of organic be separated from or nonmetallic inorganic treatment residuals compounds (i.e., using simple inorganics that contain physical or phosphorus, nitrogen, or mechanical sulfur) in units operated means,\9\ and, under either aerobic or prior to further anaerobic conditions. treatment, such residue must meet the waste-specific treatment standards for organic compounds in the waste contaminating the debris. Brick, Cloth, Concrete, Paper, Pavement, Rock, Wood: Debris must be no more than 1.2 cm (\1/2\ inch) in one dimension (i.e., thickness limit),\5\ except that this thickness limit may be waived under the ``Equivalent Technology'' approval. [[Page 276]] 2. Chemical Destruction a. Chemical Oxidation: All Debris: Obtain All Debris: Metal Chemical or electolytic an ``Equivalent contaminants. oxidation utilizing the Technology'' following oxidation approval under Sec. reagents (or waste 268.42(b);\8\ reagents) or combination treated debris must of reagents--(1) be separated from hypochlorite (e.g., treatment residuals bleach); (2) chlorine; using simple (3) chlorine dioxide; (4) physical or ozone or UV (ultraviolet mechanical light) assisted ozone; means,\9\ and, (5) peroxides; (6) prior to further persulfates; (7) treatment, such perchlorates; (8) perman- residue must meet ganates; and/or (9) other the waste-specific oxidizing reagents of treatment standards equivalent destruction for organic efficiency.\4\ Chemical compounds in the oxidation specifically waste contaminating includes what is referred the debris. to as alkaline Brick, Cloth, chlorination. Concrete, Paper, Pavement, Rock, Wood: Debris must be no more than 1.2 cm (\1/2\ inch) in one dimension (i.e., thickness limit),\5\ except that this thickness limit may be waived under the ``Equivalent Technology'' approval. b. Chemical Reduction: Same as above....... Same as above. Chemical reaction utilizing the following reducing reagents (or waste reagents) or combination of reagents: (1) sulfur dioxide; (2) sodium, potassium, or alkali salts of sulfites, bisulfites, and metabisulfites, and polyethylene glycols (e.g., NaPEG and KPEG); (3) sodium hydrosulfide; (4) ferrous salts; and/or (5) other reducing reagents of equivalent efficiency.\4\ 3. Thermal Destruction: Treated debris must Brick, Concrete, Treatment in an be separated from Glass, Metal, incinerator operating in treatment residuals Pavement, Rock, accordance with Subpart O using simple Metal: Metals other of Parts 264 or 265 of physical or than mercury, this chapter; a boiler or mechanical except that there industrial furnace means,\9\ and, are no metal operating in accordance prior to further restrictions for with Subpart H of Part treatment, such vitrification. 266 of this chapter, or residue must meet Debris contaminated other thermal treatment the waste-specific with a dioxin- unit operated in treatment standards listed waste.\6\ accordance with Subpart for organic Obtain an X, Part 264 of this compounds in the ``Equivalent chapter, or Subpart P, waste contaminating Technology'' Part 265 of this chapter, the debris. approval under Sec. but excluding for 268.42(b),\8\ purposes of these debris except that this treatment standards requirement does Thermal Desorption units. not apply to vitrification. C. Immobilization Technologies: 1. Macroencapsulation: Encapsulating None. Application of surface material must coating materials such as completely polymeric organics (e.g., encapsulate debris resins and plastics) or and be resistant to use of a jacket of inert degradation by the inorganic materials to debris and its substantially reduce contaminants and surface exposure to materials into potential leaching media. which it may come into contact after placement (leachate, other waste, microbes). 2. Microencapsulation: Leachability of the None. Stabilization of the hazardous debris with the following contaminants must reagents (or waste be reduced. reagents) such that the leachability of the hazardous contaminants is reduced: (1) Portland cement; or (2) lime/ pozzolans (e.g., fly ash and cement kiln dust). Reagents (e.g., iron salts, silicates, and clays) may be added to enhance the set/cure time and/or compressive strength, or to reduce the leachability of the hazardous constituents.\5\ [[Page 277]] 3. Sealing: Application of Sealing must avoid None. an appropriate material exposure of the which adheres tightly to debris surface to the debris surface to potential leaching avoid exposure of the media and sealant surface to potential must be resistent leaching media. When to degradation by necessary to effectively the debris and its seal the surface, sealing contaminants and entails pretreatment of materials into the debris surface to which it may come remove foreign matter and into contact after to clean and roughen the placement surface. Sealing (leachate, other materials include epoxy, waste, microbes). silicone, and urethane compounds, but paint may not be used as a sealant. ------------------------------------------------------------------------ \1\ Hazardous debris must be treated by either these standards or the waste-specific treatment standards for the waste contaminating the debris. The treatment standards must be met for each type of debris contained in a mixture of debris types, unless the debris is converted into treatment residue as a result of the treatment process. Debris treatment residuals are subject to the waste-specific treatment standards for the waste contaminating the debris. \2\ Contaminant restriction means that the technology is not BDAT for that contaminant. If debris containing a restricted contaminant is treated by the technology, the contaminant must be subsequently treated by a technology for which it is not restricted in order to be land disposed (and excluded from Subtitle C regulation). \3\ ``Clean debris surface'' means the surface, when viewed without magnification, shall be free of all visible contaminated soil and hazardous waste except that residual staining from soil and waste consisting of light shadows, slight streaks, or minor discolorations, and soil and waste in cracks, crevices, and pits may be present provided that such staining and waste and soil in cracks, crevices, and pits shall be limited to no more than 5% of each square inch of surface area. \4\ Acids, solvents, and chemical reagents may react with some debris and contaminants to form hazardous compounds. For example, acid washing of cyanide-contaminated debris could result in the formation of hydrogen cyanide. Some acids may also react violently with some debris and contaminants, depending on the concentration of the acid and the type of debris and contaminants. Debris treaters should refer to the safety precautions specified in Material Safety Data Sheets for various acids to avoid applying an incompatible acid to a particular debris/contaminant combination. For example, concentrated sulfuric acid may react violently with certain organic compounds, such as acrylonitrile. \5\ If reducing the particle size of debris to meet the treatment standards results in material that no longer meets the 60 mm minimum particle size limit for debris, such material is subject to the waste- specific treatment standards for the waste contaminating the material, unless the debris has been cleaned and separated from contaminated soil and waste prior to size reduction. At a minimum, simple physical or mechanical means must be used to provide such cleaning and separation of nondebris materials to ensure that the debris surface is free of caked soil, waste, or other nondebris material. \6\ Dioxin-listed wastes are EPA Hazardous Waste numbers FO20, FO21, FO22, FO23, FO26, and FO27. \7\ Thermal desorption is distinguished from Thermal Destruction in that the primary purpose of Thermal Desorption is to volatilize contaminants and to remove them from the treatment chamber for subsequent destruction or other treatment. \8\ The demonstration ``Equivalent Technology'' under Sec. 268.42(b) must document that the technology treats contaminants subject to treatment to a level equivalent to that required by the performance and design and operating standards for other technologies in this table such that residual levels of hazardous contaminants will not pose a hazard to human health and the environment absent management controls. \9\ Any soil, waste, and other nondebris material that remains on the debris surface (or remains mixed with the debris) after treatment is considered a treatment residual that must be separated from the debris using, at a minimum, simple physical or mechanical means. Examples of simple physical or mechanical means are vibratory or trommel screening or water washing. The debris surface need not be cleaned to a ``clean debris surface'' as defined in note 3 when separating treated debris from residue; rather, the surface must be free of caked soil, waste, or other nondebris material. Treatment residuals are subject to the waste-specific treatment standards for the waste contaminating the debris. [57 FR 37277, Aug. 18, 1992, as amended at 59 FR 48103, Sept. 19, 1994; 63 FR 28738, May 26, 1998]