[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: 40CFR268.6]



[Page 177-179]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 268_LAND DISPOSAL RESTRICTIONS--Table of Contents

 

                            Subpart A_General

 

Sec.  268.6  Petitions to allow land disposal of a waste prohibited under 

subpart C of part 268.



    (a) Any person seeking an exemption from a prohibition under subpart 

C of this part for the disposal of a restricted hazardous waste in a 

particular unit or units must submit a petition to the Administrator 

demonstrating, to a reasonable degree of certainty, that there will be 

no migration of hazardous constituents from the disposal unit or 

injection zone for as long as the wastes remain hazardous. The 

demonstration must include the following components:

    (1) An identification of the specific waste and the specific unit 

for which the demonstration will be made;

    (2) A waste analysis to describe fully the chemical and physical 

characteristics of the subject waste;

    (3) A comprehensive characterization of the disposal unit site 

including an analysis of background air, soil, and water quality.

    (4) A monitoring plan that detects migration at the earliest 

practicable time;

    (5) Sufficient information to assure the Administrator that the 

owner or operator of a land disposal unit receiving restricted waste(s) 

will comply with other applicable Federal, State, and local laws.

    (b) The demonstration referred to in paragraph (a) of this section 

must meet the following criteria:

    (1) All waste and environmental sampling, test, and analysis data 

must be accurate and reproducible to the extent that state-of-the-art 

techniques allow;

    (2) All sampling, testing, and estimation techniques for chemical 

and physical properties of the waste and all environmental parameters 

must have been approved by the Administrator;

    (3) Simulation models must be calibrated for the specific waste and 

site conditions, and verified for accuracy by comparison with actual 

measurements;

    (4) A quality assurance and quality control plan that addresses all 

aspects of the demonstration must be approved by the Administrator; and,

    (5) An analysis must be performed to identify and quantify any 

aspects of the demonstration that contribute significantly to 

uncertainty. This analysis must include an evaluation of the 

consequences of predictable future events, including, but not limited 

to, earthquakes, floods, severe storm events, droughts, or other natural 

phenomena.

    (c) Each petition referred to in paragraph (a) of this section must 

include the following:

    (1) A monitoring plan that describes the monitoring program 

installed at and/or around the unit to verify continued compliance with 

the conditions of the variance. This monitoring plan must provide 

information on the monitoring of the unit and/or the environment around 

the unit. The following specific information must be included in the 

plan:

    (i) The media monitored in the cases where monitoring of the 

environment around the unit is required;

    (ii) The type of monitoring conducted at the unit, in the cases 

where monitoring of the unit is required;

    (iii) The location of the monitoring stations;

    (iv) The monitoring interval (frequency of monitoring at each 

station);

    (v) The specific hazardous constituents to be monitored;



[[Page 178]]



    (vi) The implementation schedule for the monitoring program;

    (vii) The equipment used at the monitoring stations;

    (viii) The sampling and analytical techniques employed; and

    (ix) The data recording/reporting procedures.

    (2) Where applicable, the monitoring program described in paragraph 

(c)(1) of this section must be in place for a period of time specified 

by the Administrator, as part of his approval of the petition, prior to 

receipt of prohibited waste at the unit.

    (3) The monitoring data collected according to the monitoring plan 

specified under paragraph (c)(1) of this section must be sent to the 

Administrator according to a format and schedule specified and approved 

in the monitoring plan, and

    (4) A copy of the monitoring data collected under the monitoring 

plan specified under paragraph (c)(1) of this section must be kept on-

site at the facility in the operating record.

    (5) The monitoring program specified under paragraph (c)(1) of this 

section meet the following criteria:

    (i) All sampling, testing, and analytical data must be approved by 

the Administrator and must provide data that is accurate and 

reproducible.

    (ii) All estimation and monitoring techniques must be approved by 

the Administrator.

    (iii) A quality assurance and quality control plan addressing all 

aspects of the monitoring program must be provided to and approved by 

the Administrator.

    (d) Each petition must be submitted to the Administrator.

    (e) After a petition has been approved, the owner or operator must 

report any changes in conditions at the unit and/or the environment 

around the unit that significantly depart from the conditions described 

in the variance and affect the potential for migration of hazardous 

constituents from the units as follows:

    (1) If the owner or operator plans to make changes to the unit 

design, construction, or operation, such a change must be proposed, in 

writing, and the owner or operator must submit a demonstration to the 

Administrator at least 30 days prior to making the change. The 

Administrator will determine whether the proposed change invalidates the 

terms of the petition and will determine the appropriate response. Any 

change must be approved by the Administrator prior to being made.

    (2) If the owner or operator discovers that a condition at the site 

which was modeled or predicted in the petition does not occur as 

predicted, this change must be reported, in writing, to the 

Administrator within 10 days of discovering the change. The 

Administrator will determine whether the reported change from the terms 

of the petition requires further action, which may include termination 

of waste acceptance and revocation of the petition, petition 

modifications, or other responses.

    (f) If the owner or operator determines that there is migration of 

hazardous constituent(s) from the unit, the owner or operator must:

    (1) Immediately suspend receipt of prohibited waste at the unit, and

    (2) Notify the Administrator, in writing, within 10 days of the 

determination that a release has occurred.

    (3) Following receipt of the notification the Administrator will 

determine, within 60 days of receiving notification, whether the owner 

or operator can continue to receive prohibited waste in the unit and 

whether the variance is to be revoked. The Administrator shall also 

determine whether further examination of any migration is warranted 

under applicable provisions of part 264 or part 265.

    (g) Each petition must include the following statement signed by the 

petitioner or an authorized representative:



I certify under penalty of law that I have personally examined and am 

familiar with the information submitted in this petition and all 

attached documents, and that, based on my inquiry of those individuals 

immediately responsible for obtaining the information, I believe that 

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.



    (h) After receiving a petition, the Administrator may request any 

additional information that reasonably



[[Page 179]]



may be required to evaluate the demonstration.

    (i) If approved, the petition will apply to land disposal of the 

specific restricted waste at the individual disposal unit described in 

the demonstration and will not apply to any other restricted waste at 

that disposal unit, or to that specific restricted waste at any other 

disposal unit.

    (j) The Administrator will give public notice in the Federal 

Register of the intent to approve or deny a petition and provide an 

opportunity for public comment. The final decision on a petition will be 

published in the Federal Register.

    (k) The term of a petition granted under this section shall be no 

longer than the term of the RCRA permit if the disposal unit is 

operating under a RCRA permit, or up to a maximum of 10 years from the 

date of approval provided under paragraph (g) of this section if the 

unit is operating under interim status. In either case, the term of the 

granted petition shall expire upon the termination or denial of a RCRA 

permit, or upon the termination of interim status or when the volume 

limit of waste to be land disposed during the term of petition is 

reached.

    (l) Prior to the Administrator's decision, the applicant is required 

to comply with all restrictions on land disposal under this part once 

the effective date for the waste has been reached.

    (m) The petition granted by the Administrator does not relieve the 

petitioner of his responsibilities in the management of hazardous waste 

under 40 CFR part 260 through part 271.

    (n) Liquid hazardous wastes containing polychlorinated biphenyls at 

concentrations greater than or equal to 500 ppm are not eligible for an 

exemption under this section.



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

FR 25789, July 8, 1987; 53 FR 31212, Aug. 17, 1988; 54 FR 36971, Sept. 

6, 1989]