(New Rule)
DAR File No.: 40113
Filed: 01/14/2016 02:51:00 PMRULE ANALYSIS
Purpose of the rule or reason for the change:
The Division is renumbering and changing the format of the hazardous waste rules. The change is to help the reader of the rules by providing all of the rules in one place and avoiding incorporation by reference or, when incorporation is necessary, using only one edition of the material incorporated throughout all the hazardous waste rules. In addition, the new rules will include several federal rules that have been adopted at the federal level and need to be adopted by the state to make the Utah rules consistent with federal rule. Rule R315-268 replaces Rule R315-13. (DAR NOTE: The proposed repeal of Rule R315-13 is under DAR No. 40127 in this issue, February 1, 2016, of the Bulletin.)
Summary of the rule or change:
Rule R315-268 replaces Rule R315-13. It also adopts changes in federal rules relating to the definition of solid waste, electronic manifests, cathode ray tubes, coal combustion residuals, carbon dioxide exclusion, corrections and clarifications, and burden reduction changes. All of these changes are required to maintain an approved state program or are required by Utah statue.
State statutory or constitutional authorization for this rule:
This rule or change incorporates by reference the following material:
- Adds 40 CFR Part 268 Section 45 Table, published by US Government Printing Office, 07/01/2015
- Adds 40 CFR Part 268 Section 40 Table, published by US Government Printing Office, 07/01/2015
Anticipated cost or savings to:
the state budget:
There will be on cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program.
local governments:
Most of the rule is not changed but just renumbered, therefore, there will be no cost to local government. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by local government and cannot be quantified.
small businesses:
Most of the rule is not changed but just renumbered, therefore, there will be no cost to small business. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by small business and cannot be quantified.
persons other than small businesses, businesses, or local governmental entities:
Most of the rule is not changed but just renumbered, therefore, there will be no cost to other persons. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by other persons and cannot be quantified.
Compliance costs for affected persons:
The rule's changes will have no cost to affected persons. The changes may result in cost savings, depending on the hazardous waste management activities conducted, but the cost savings cannot be quantified.
Comments by the department head on the fiscal impact the rule may have on businesses:
The rule's changes will have no cost to business. The changes may result in cost savings, depending on the hazardous waste management activities conducted at a business, but cannot be quantified.
Alan Matheson, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Environmental Quality
Waste Management and Radiation Control, Waste ManagementRoom Second Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3097Direct questions regarding this rule to:
- Ralph Bohn at the above address, by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
03/02/2016
This rule may become effective on:
03/09/2016
Authorized by:
Scott Anderson, Director
RULE TEXT
R315. Environmental Quality, Waste Management and Radiation Control, Waste Management.
R315-268. Land Disposal Restrictions.
R315-268-1. Land Disposal Restrictions -- Purpose, Scope, and Applicability.
(a) Rule R315-268 identifies hazardous wastes that are restricted from land disposal and defines those limited circumstances under which an otherwise prohibited waste may continue to be land disposed.
(b) Except as specifically provided otherwise in Rule R315-268 or Rule R315-261, the requirements of Rule R315-268 apply to persons who generate or transport hazardous waste and owners and operators of hazardous waste treatment, storage, and disposal facilities.
(c) Restricted wastes may continue to be land disposed as follows:
(1) Where persons have been granted an extension to the effective date of a prohibition under Sections R315-268-20 through 39 or pursuant to Section R315-268-5, with respect to those wastes covered by the extension;
(2) Where persons have been granted an exemption from a prohibition pursuant to a petition under Section R315-268-6, with respect to those wastes and units covered by the petition;
(3) Wastes that are hazardous only because they exhibit a hazardous characteristic, and which are otherwise prohibited under Rule R315-268, or 40 CFR 148, are not prohibited if the wastes:
(i) Are disposed into a nonhazardous or hazardous injection well as defined under 40 CFR 146.6(a); and
(ii) Do not exhibit any prohibited characteristic of hazardous waste identified in Sections R315-261-20 through 24, at the point of injection.
(4) Wastes that are hazardous only because they exhibit a hazardous characteristic, and which are otherwise prohibited under Rule R315-268, are not prohibited if the wastes meet any of the following criteria, unless the wastes are subject to a specified method of treatment other than DEACT in Section R315-268-40, or are D003 reactive cyanide:
(i) The wastes are managed in a treatment system which subsequently discharges to waters of the U.S. pursuant to a permit issued under section 402 of the Clean Water Act; or
(ii) The wastes are treated for purposes of the pretreatment requirements of section 307 of the Clean Water Act; or
(iii) The wastes are managed in a zero discharge system engaged in Clean Water Act-equivalent treatment as defined in Subsection R315-268-37(a); and
(iv) The wastes no longer exhibit a prohibited characteristic at the point of land disposal, i.e., placement in a surface impoundment.
(d) The requirements of Rule R315-268 shall not affect the availability of a waiver under section 121(d)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).
(e) The following hazardous wastes are not subject to any provision of Rule R315-268:
(1) Waste generated by small quantity generators of less than 100 kilograms of non-acute hazardous waste or less than 1 kilogram of acute hazardous waste per month, as defined in Section R315-261-5;
(2) Waste pesticides that a farmer disposes of pursuant to Section R315-262-70;
(3) Wastes identified or listed as hazardous after November 8, 1984 for which EPA has not promulgated land disposal prohibitions or treatment standards;
(4) De minimis losses of characteristic wastes to wastewaters are not considered to be prohibited wastes and are defined as losses from normal material handling operations, e.g., spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials; minor leaks of process equipment, storage tanks or containers; leaks from well-maintained pump packings and seals; sample purgings; and relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; rinsate from empty containers or from containers that are rendered empty by that rinsing; and laboratory wastes not exceeding one per cent of the total flow of wastewater into the facility's headworks on an annual basis, or with a combined annualized average concentration not exceeding one part per million in the headworks of the facility's wastewater treatment or pretreatment facility.
(f) Universal waste handlers and universal waste transporters, as defined in Section R315-260-10, are exempt from Sections R315-268-7 and 268-50 for the hazardous wastes listed below. These handlers are subject to regulation under Rule R315-273.
(1) Batteries as described in Section R315-273-2;
(2) Pesticides as described in Section R315-273-3;
(3) Mercury-containing equipment as described in Section R315-273-4; and
(4) Lamps as described in Section R315-273-5.
R315-268-2. Land Disposal Restrictions -- Definitions Applicable in Rule R315-268.
When used in Rule R315-268 the following terms have the meanings given below:
(a) Halogenated organic compounds or HOCs means those compounds having a carbon-halogen bond which are listed under appendix III to Rule R315-268.
(b) Hazardous constituent or constituents means those constituents listed in appendix VIII to Rule R315-261.
(c) Land disposal means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.
(d) Nonwastewaters are wastes that do not meet the criteria for wastewaters in Subsection R315-268-2(f).
(e) Polychlorinated biphenyls or PCBs are halogenated organic compounds defined in accordance with 40 CFR 761.3.
(f) Wastewaters are wastes that contain less than 1% by weight total organic carbon (TOC) and less than 1% by weight total suspended solids (TSS).
(g) Debris means solid material exceeding a 60 mm particle size that is intended for disposal and that is: A manufactured object; or plant or animal matter; or natural geologic material. However, the following materials are not debris: any material for which a specific treatment standard is provided in Sections R315-268-40 through 49, namely lead acid batteries, cadmium batteries, and radioactive lead solids; process residuals such as smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission residues; and intact containers of hazardous waste that are not ruptured and that retain at least 75% of their original volume. A mixture of debris that has not been treated to the standards provided by Section R315-268-45 and other material is subject to regulation as debris if the mixture is comprised primarily of debris, by volume, based on visual inspection.
(h) Hazardous debris means debris that contains a hazardous waste listed in Sections R315-261-30 through 35, or that exhibits a characteristic of hazardous waste identified in Sections R315-261-20 through 24. Any deliberate mixing of prohibited hazardous waste with debris that changes its treatment classification, i.e., from waste to hazardous debris, is not allowed under the dilution prohibition in Section R315-268-3.
(i) Underlying hazardous constituent means any constituent listed in Section R315-268-48, Table UTS-Universal Treatment Standards, except fluoride, selenium, sulfides, vanadium, and zinc, which can reasonably be expected to be present at the point of generation of the hazardous waste at a concentration above the constituent-specific UTS treatment standards.
(j) Inorganic metal-bearing waste is one for which EPA has established treatment standards for metal hazardous constituents, and which does not otherwise contain significant organic or cyanide content as described in Subsection R315-268-3(c)(1), and is specifically listed in appendix XI of Rule R315-268.
(k) Soil means unconsolidated earth material composing the superficial geologic strata, material overlying bedrock, consisting of clay, silt, sand, or gravel size particles as classified by the U.S. Natural Resources Conservation Service, or a mixture of such materials with liquids, sludges or solids which is inseparable by simple mechanical removal processes and is made up primarily of soil by volume based on visual inspection. Any deliberate mixing of prohibited hazardous waste with soil that changes its treatment classification, i.e., from waste to contaminated soil, is not allowed under the dilution prohibition in Section R315-268-3.
R315-268-3. Land Disposal Restrictions -- Dilution Prohibited As a Substitute for Treatment.
(a) Except as provided in Subsection R315-268-3(b), no generator, transporter, handler, or owner or operator of a treatment, storage, or disposal facility shall in any way dilute a restricted waste or the residual from treatment of a restricted waste as a substitute for adequate treatment to achieve compliance with Sections R315-268-40 through 49, to circumvent the effective date of a prohibition in Sections R315-268-20 through 39, to otherwise avoid a prohibition in Sections R315-268-20 through 39, or to circumvent a land disposal prohibition imposed by RCRA section 3004.
(b) Dilution of wastes that are hazardous only because they exhibit a characteristic in treatment systems which include land- based units which treat wastes subsequently discharged to a water of the United States pursuant to a permit issued under section 402 of the Clean Water Act (CWA), or which treat wastes in a CWA-equivalent treatment system, or which treat wastes for the purposes of pretreatment requirements under section 307 of the CWA is not impermissible dilution for purposes of Section R315-268-3 unless a method other than DEACT has been specified in Section R315-268-40 as the treatment standard, or unless the waste is a D003 reactive cyanide wastewater or nonwastewater.
(c) Combustion of the hazardous waste codes listed in Appendix XI of Rule R315-268 is prohibited, unless the waste, at the point of generation, or after any bona fide treatment such as cyanide destruction prior to combustion, can be demonstrated to comply with one or more of the following criteria, unless otherwise specifically prohibited from combustion:
(1) The waste contains hazardous organic constituents or cyanide at levels exceeding the constituent-specific treatment standard found in Section R315-268-48;
(2) The waste consists of organic, debris-like materials, e.g., wood, paper, plastic, or cloth, contaminated with an inorganic metal-bearing hazardous waste;
(3) The waste, at point of generation, has reasonable heating value such as greater than or equal to 5000 BTU per pound;
(4) The waste is co-generated with wastes for which combustion is a required method of treatment;
(5) The waste is subject to Federal and/or State requirements necessitating reduction of organics, including biological agents; or
(6) The waste contains greater than 1% Total Organic Carbon (TOC).
(d) It is a form of impermissible dilution, and therefore prohibited, to add iron filings or other metallic forms of iron to lead-containing hazardous wastes in order to achieve any land disposal restriction treatment standard for lead. Lead-containing wastes include D008 wastes, wastes exhibiting a characteristic due to the presence of lead, all characteristic wastes containing lead as an underlying hazardous constituent, listed wastes containing lead as a regulated constituent, and hazardous media containing any of the aforementioned lead-containing wastes.
R315-268-4. Land Disposal Restrictions -- Treatment Surface Impoundment Exemption.
(a) Wastes which are otherwise prohibited from land disposal under Rule R315-268 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 Sections R315-268-40 through 49 and/or prohibition levels in Sections R315-268-20 through 39 or RCRA section 3004(d), the residues from treatment are analyzed, as specified in Sections R315-268-7 or 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 Section R315-264-13 or 40 CFR 265.13, which is adopted by reference, shall 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, shall be removed at least annually; residues which do not meet the treatment standards promulgated under Sections R315-268-40 through 49; residues which do not meet the prohibition levels established under Sections R315-268-20 through 39 or imposed by statute, where no treatment standards have been established; residues which are from the treatment of wastes prohibited from land disposal under Sections R315-268-20 through 39, where no treatment standards have been established and no prohibition levels apply; or residues from managing listed wastes which are not delisted under Section R315-260-22. 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 Section R315-264-13 and 40 CFR 265.13, which is adopted by reference, apply.
(3) The impoundment meets the design requirements of Section R315-264-221(c) or 40 CFR 265.221(a), which is adopted by reference, regardless that the unit may not be new, expanded, or a replacement, and be in compliance with applicable ground water monitoring requirements of Sections R315-264-90 through 101 or 40 CFR 265.90 through 94, which are adopted by reference, unless:
(i) Exempted pursuant to Sections R315-264-221 (d) or (e), or to 40 CFR 265.221(c) or (d), which are adopted by reference; or,
(ii) Upon application by the owner or operator, the Director, after notice and an opportunity to comment, has granted a waiver of the requirements on the basis that the surface impoundment:
(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 Director, 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 Director a written certification that the requirements of Section R315-268-4(a)(3) have been met. The following certification is required:
I certify under penalty of law that the requirements of Section R315-268-4(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 Section R315-268-4.
R315-268-5. Land Disposal Restrictions -- Procedures for Case-by-Case Extensions to an Effective Date.
Note to Sections R315-268-5. All references to administrative positions and to regulations are to the positions and regulations of the US Environmental Protection Agency. Utah does not administer Section R315-268-5.
(a) Any person who generates, treats, stores, or disposes of a hazardous waste may submit an application to the Administrator for an extension to the effective date of any applicable restriction established under Sections R315-268-20 through 39. The applicant shall demonstrate the following:
(1) He has made a good-faith effort to locate and contract with treatment, recovery, or disposal facilities nationwide to manage his waste in accordance with the effective date of the applicable restriction established under Sections R315-268-20 through 39;
(2) He has entered into a binding contractual commitment to construct or otherwise provide alternative treatment, recovery (e.g., recycling), or disposal capacity that meets the treatment standards specified in Sections R315-268-40 through 49 or, where treatment standards have not been specified, such treatment, recovery, or disposal capacity is protective of human health and the environment.
(3) Due to circumstances beyond the applicant's control, such alternative capacity cannot reasonably be made available by the applicable effective date. This demonstration may include a showing that the technical and practical difficulties associated with providing the alternative capacity will result in the capacity not being available by the applicable effective date;
(4) The capacity being constructed or otherwise provided by the applicant shall be sufficient to manage the entire quantity of waste that is the subject of the application;
(5) He provides a detailed schedule for obtaining required operating and construction permits or an outline of how and when alternative capacity will be available;
(6) He has arranged for adequate capacity to manage his waste during an extension and has documented in the application the location of all sites at which the waste will be managed; and
(7) Any waste managed in a surface impoundment or landfill during the extension period shall meet the requirements of Subsection R315-268-5(h)(2).
(b) An authorized representative signing an application described under Subsection R315-268-5(a) shall make the following certification:
I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the 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.
(c) After receiving an application for an extension, the Administrator may request any additional information which he deems as necessary to evaluate the application.
(d) An extension shall apply only to the waste generated at the individual facility covered by the application and shall not apply to restricted waste from any other facility.
(e) On the basis of the information referred to in Subsection R315-268-5(a), after notice and opportunity for comment, and after consultation with appropriate State agencies in all affected States, the Administrator may grant an extension of up to 1 year from the effective date. The Administrator may renew this extension for up to 1 additional year upon the request of the applicant if the demonstration required in Subsection R315-268-5 (a) can still be made. In no event shall an extension extend beyond 24 months from the applicable effective date specified in Sections R315-268-20 through 39. The length of any extension authorized shall be determined by the Administrator based on the time required to construct or obtain the type of capacity needed by the applicant as described in the completion schedule discussed in Subsection R315-268-5(a)(5). The Administrator shall give public notice of the intent to approve or deny a petition and provide an opportunity for public comment. The final decision on a petition shall be published in the Federal Register.
(f) Any person granted an extension under Section R315-268-5 shall immediately notify the Administrator as soon as he has knowledge of any change in the conditions certified to in the application.
(g) Any person granted an extension Section R315-268-5 shall submit written progress reports at intervals designated by the Administrator. Such reports shall describe the overall progress made toward constructing or otherwise providing alternative treatment, recovery or disposal capacity; shall identify any event which may cause or has caused a delay in the development of the capacity; and shall summarize the steps taken to mitigate the delay. The Administrator can revoke the extension at any time if the applicant does not demonstrate a good-faith effort to meet the schedule for completion, if the Agency denies or revokes any required permit, if conditions certified in the application change, or for any violation of Rules R315-260 through 266, 268, 270, 273, 124,15, and 101.
(h) Whenever the Administrator establishes an extension to an effective date under this section, during the period for which such extension is in effect:
(1) The storage restrictions under Subsection R315-268-50(a) do not apply; and
(2) Such hazardous waste may be disposed in a landfill or surface impoundment only if such unit is in compliance with the technical requirements of the following provisions regardless of whether such unit is existing, new, or a replacement or lateral expansion.
(i) The landfill, if in interim status, is in compliance with the requirements of subpart F of 40 CFR 265 and 40 CFR 265.301(a), (c), and (d) that is adopted by reference in Rule R315-265; or,
(ii) The landfill, if permitted, is in compliance with the requirements of Sections R315-264-90 through 101 and Subsections R315-264-301(c), (d) and (e); or
(iii) The surface impoundment, if in interim status, is in compliance with the requirements of subpart F of 40 CFR 265, 40 CFR 265.221(a),(c), and (d) that are adopted by reference in Rule R315-265, and RCRA section 3005(j)(1); or
(iv) The surface impoundment, if permitted, is in compliance with the requirements of Sections R315-264-90 through 101 and Subsections R315-264-221(c), (d) and (e); or
(v) The surface impoundment, if newly subject to RCRA section 3005(j)(1) due to the promulgation of additional listings or characteristics for the identification of hazardous waste, is in compliance with the requirements of subpart F of 40 CFR 265 that is adopted by reference in Rule R315-265 within 12 months after the promulgation of additional listings or characteristics of hazardous waste, and with the requirements of 40 CFR 265.221(a), (c) and (d) that is adopted by reference in Rule R315-265 within 48 months after the promulgation of additional listings or characteristics of hazardous waste. If a national capacity variance is granted, during the period the variance is in effect, the surface impoundment, if newly subject to RCRA section 3005(j)(1) due to the promulgation of additional listings or characteristics of hazardous waste, is in compliance with the requirements of subpart F of 40 CFR 265 that is adopted by reference in Rule R315-265 within 12 months after the promulgation of additional listings or characteristics of hazardous waste, and with the requirements of 40 CFR 265.221(a), (c) and (d) that is adopted by reference in Rule R315-265 within 48 months after the promulgation of additional listings or characteristics of hazardous waste; or
(vi) The landfill, if disposing of containerized liquid hazardous wastes containing PCBs at concentrations greater than or equal to 50 ppm but less than 500 ppm, is also in compliance with the requirements of 40 CFR 761.75 and Rules R264 and 265.
(i) Pending a decision on the application the applicant is required to comply with all restrictions on land disposal under Rule R315-268 once the effective date for the waste has been reached.
R315-268-6. Land Disposal Restrictions -- Petitions to Allow Land Disposal of a Waste Prohibited Under Sections R315-268-20 through 39.
Note to Section R315-268-6. All references to administrative positions and to regulations are to the positions and regulations of the US Environmental Protection Agency. Utah does not administer Section R315-268-6.
(a) Any person seeking an exemption from a prohibition under Sections R315-268-20 through 39 for the disposal of a restricted hazardous waste in a particular unit or units shall 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 shall 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) shall comply with other applicable Federal, State, and local laws.
(b) The demonstration referred to in Subsection R315-268-6(a) shall meet the following criteria:
(1) All waste and environmental sampling, test, and analysis data shall 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 shall have been approved by the Administrator;
(3) Simulation models shall 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 shall be approved by the Administrator; and,
(5) An analysis shall be performed to identify and quantify any aspects of the demonstration that contribute significantly to uncertainty. This analysis shall 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 Subsection R315-268-6(a) shall 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 shall provide information on the monitoring of the unit and/or the environment around the unit. The following specific information shall 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;
(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 Subsection R315-268-6(c)(1) shall 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 Subsection R315-268-6(c)(1) shall 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 Subsection R315-268-6(c)(1) shall be kept on-site at the facility in the operating record.
(5) The monitoring program specified under Subsection R315-268-6(c)(1) meets the following criteria:
(i) All sampling, testing, and analytical data shall be approved by the Administrator and shall provide data that is accurate and reproducible.
(ii) All estimation and monitoring techniques shall be approved by the Administrator.
(iii) A quality assurance and quality control plan addressing all aspects of the monitoring program shall be provided to and approved by the Administrator.
(d) Each petition shall be submitted to the Administrator.
(e) After a petition has been approved, the owner or operator shall 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 shall be proposed, in writing, and the owner or operator shall submit a demonstration to the Administrator at least 30 days prior to making the change. The Administrator shall determine whether the proposed change invalidates the terms of the petition and shall determine the appropriate response. Any change shall 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 shall be reported, in writing, to the Administrator within 10 days of discovering the change. The Administrator shall 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 shall:
(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 shall 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 Rules R315-264 or 265.
(g) Each petition shall 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 may be required to evaluate the demonstration.
(i) If approved, the petition shall apply to land disposal of the specific restricted waste at the individual disposal unit described in the demonstration and shall 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 shall 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 shall be published in the Federal Register.
(k) The term of a petition granted under Section R315-268-6 shall be no longer than the term of the hazardous waste permit if the disposal unit is operating under a hazardous waste permit, or up to a maximum of 10 years from the date of approval provided under Subsection R315-268-6(g) 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 hazardous waste 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 Rule R315-268 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 Rules R315-260 through part 270.
(n) Liquid hazardous wastes containing polychlorinated biphenyls at concentrations greater than or equal to 500 ppm are not eligible for an exemption under Section R315-268-6.
R315-268-7. Land Disposal Restrictions -- Testing, Tracking, and Recordkeeping Requirements for Generators, Treaters, and Disposal Facilities.
(a) Requirements for generators:
(1) A generator of hazardous waste shall determine if the waste has to be treated before it can be land disposed. This is done by determining if the hazardous waste meets the treatment standards in Sections R315-268-40, 45, or 49. This determination can be made concurrently with the hazardous waste determination required in Section R315-262-11, in either of two ways: testing the waste or using knowledge of the waste. If the generator tests the waste, testing would normally determine the total concentration of hazardous constituents, or the concentration of hazardous constituents in an extract of the waste obtained using test method 1311 in "Test Methods of Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, incorporated by reference, see Section R315-260-11, depending on whether the treatment standard for the waste is expressed as a total concentration or concentration of hazardous constituent in the waste's extract. Alternatively, the generator shall send the waste to a hazardous waste treatment facility permitted under Section 19-6-108, where the waste treatment facility shall comply with the requirements of Section R315-264-13 and Subsection R315-268-7(b). In addition, some hazardous wastes shall be treated by particular treatment methods before they can be land disposed and some soils are contaminated by such hazardous wastes. These treatment standards are also found in Section R315-268-40, and are described in detail in Section R315-268-42, Table 1. These wastes, and soils contaminated with such wastes, do not need to be tested, however, if they are in a waste mixture, other wastes with concentration level treatment standards would have to be tested. If a generator determines they are managing a waste or soil contaminated with a waste, that displays a hazardous characteristic of ignitability, corrosivity, reactivity, or toxicity, they shall comply with the special requirements of Section R315-268-9 in addition to any applicable requirements in Section R315-268-7.
(2) If the waste or contaminated soil does not meet the treatment standards, or if the generator chooses not to make the determination of whether his waste shall be treated, with the initial shipment of waste to each treatment or storage facility, the generator shall send a one-time written notice to each treatment or storage facility receiving the waste, and place a copy in the file. The notice shall include the information in column "268-7(a)(2)" of the Generator Paperwork Requirements Table in Subsection R315-268-7(a)(4). Alternatively, if the generator chooses not to make the determination of whether the waste shall be treated, the notification shall include the EPA Hazardous Waste Numbers and Manifest Number of the first shipment and shall state "This hazardous waste may or may not be subject to the LDR treatment standards. The treatment facility shall make the determination." No further notification is necessary until such time that the waste or facility change, in which case a new notification shall be sent and a copy placed in the generator's file.
(3) If the waste or contaminated soil meets the treatment standard at the original point of generation:
(i) With the initial shipment of waste to each treatment, storage, or disposal facility, the generator shall send a one-time written notice to each treatment, storage, or disposal facility receiving the waste, and place a copy in the file. The notice shall include the information indicated in column "268-7(a)(3)" of the Generator Paperwork Requirements Table in Subsection R315-268-7(a)(4) and the following certification statement, signed by an authorized representative:
I certify under penalty of law that I personally have examined and am familiar with the waste through analysis and testing or through knowledge of the waste to support this certification that the waste complies with the treatment standards specified in Sections R315-268-40 through 49. I believe that the information I submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting a false certification, including the possibility of a fine and imprisonment.
(ii) For contaminated soil, with the initial shipment of wastes to each treatment, storage, or disposal facility, the generator shall send a one-time written notice to each facility receiving the waste and place a copy in the file. The notice shall include the information in column "268-7(a)(3)" of the Generator Paperwork Requirements Table in Subsection R315-268-7(a)(4).
(iii) If the waste changes, the generator shall send a new notice and certification to the receiving facility, and place a copy in their files. Generators of hazardous debris excluded from the definition of hazardous waste under Subsection R315-261-3(f) are not subject to these requirements.
(4) For reporting, tracking, and recordkeeping when exceptions allow certain wastes or contaminated soil that do not meet the treatment standards to be land disposed: There are certain exemptions from the requirement that hazardous wastes or contaminated soil meet treatment standards before they can be land disposed. These include, but are not limited to case-by-case extensions under Section R315-268-5, disposal in a no-migration unit under Section R315-268-6, or a national capacity variance or case-by-case capacity variance under Sections R315-268-20 through 39. If a generator's waste is so exempt, then with the initial shipment of waste, the generator shall send a one-time written notice to each land disposal facility receiving the waste. The notice shall include the information indicated in column "268-7(a(4)" of the Generator Paperwork Requirements Table below. If the waste changes, the generator shall send a new notice to the receiving facility, and place a copy in their files.
Generator Paperwork Requirements Table
Required information 268-7 268-7 268-7 268-7
(a)(2) (a)(3) (a)(4) (a)(9)
1. EPA Hazardous Waste X X X X
Numbers and Manifest Number
of first shipment
2. Statement: this waste is X
not prohibited from land
disposal
3. The waste is subject to X X
the LDRs. The constituents of
concern for F001-F005, and
F039, and underlying hazardous
constituents in characteristic
wastes, unless the waste will
be treated and monitored for
all constituents. If all
constituents will be treated
and monitored, there is no need
to put them all on the LDR
notice
4. The notice shall include the X X
applicable wastewater/
nonwastewater category (see
Section R315-268-2(d) and (f))
and subdivisions made within a
waste code based on
waste-specific criteria (such
as D003 reactive cyanide)
5. Waste analysis data, X X X
when available
6. Date the waste is subject X
to the prohibition
7. For hazardous debris, when X X
treating with the alternative
treatment technologies provided
by Section R315-268-45: the
contaminants subject to
treatment, as described in
Section R315-268-45(b); and
an indication that these
contaminants are being treated
to comply with Section
R315-268-45
8. For contaminated soil X X
subject to LDRs as provided
in Section R315-268-49(a),
the constituents subject to
treatment as described in
Section R315-268-49(d), and
the following statement: This
contaminated soil, does/does
not, contain listed hazardous
waste and, does/does not,
exhibit a characteristic of
hazardous waste and, is
subject to/complies with, the
soil treatment standards as
provided by Section
R315-268-49(c) or the universal
treatment standards
9. A certification is needed, X X
see applicable section for
exact wording(5) If a generator is managing and treating prohibited waste or contaminated soil in tanks, containers, or containment buildings regulated under Section R315-262-34 to meet applicable LDR treatment standards found at Section R315-268-40, the generator shall develop and follow a written waste analysis plan which describes the procedures they will carry out to comply with the treatment standards. Generators treating hazardous debris under the alternative treatment standards of Table 1, Section R315-268-45, however, are not subject to these waste analysis requirements. The plan shall be kept on site in the generator's records, and the following requirements shall be met:
(i) The waste analysis plan shall be based on a detailed chemical and physical analysis of a representative sample of the prohibited waste(s) being treated, and contain all information necessary to treat the waste(s) in accordance with the requirements of Rule R315-268, including the selected testing frequency.
(ii) Such plan shall be kept in the facility's on-site files and made available to inspectors.
(iii) Wastes shipped off-site pursuant to Subsection R315-268-7(a) shall comply with the notification requirements of Subsection R315-268-7(a)(3).
(6) If a generator determines that the waste or contaminated soil is restricted based solely on his knowledge of the waste, all supporting data used to make this determination shall be retained on-site in the generator's files. If a generator determines that the waste is restricted based on testing this waste or an extract developed using the test method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as referenced in Section R315-260-11, and all waste analysis data shall be retained on-site in the generator's files.
(7) If a generator determines that he is managing a prohibited waste that is excluded from the definition of hazardous or solid waste or is exempted from regulation under Sections R315-261-2 through 6 subsequent to the point of generation, including deactivated characteristic hazardous wastes managed in wastewater treatment systems subject to the Clean Water Act (CWA) as specified at Subsection R315-261-4(a)(2) or that are CWA-equivalent, or are managed in an underground injection well regulated by the SDWA, he shall place a one-time notice describing such generation, subsequent exclusion from the definition of hazardous or solid waste or exemption from regulation under Sections R315-261-2 through 6, and the disposition of the waste, in the facility's on-site files.
(8) Generators shall retain on-site a copy of all notices, certifications, waste analysis data, and other documentation produced pursuant to Section R315-268-7 for at least three years from the date that the waste that is the subject of such documentation was last sent to on-site or off-site treatment, storage, or disposal. The three year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Director. The requirements of Subsection R315-268-7(a) apply to solid wastes even when the hazardous characteristic is removed prior to disposal, or when the waste is excluded from the definition of hazardous or solid waste under Sections R315-261-2 through 6, or exempted from hazardous waste regulation, subsequent to the point of generation.
(9) If a generator is managing a lab pack containing hazardous wastes and wishes to use the alternative treatment standard for lab packs found at Subsection R315-268-42(c):
(i) With the initial shipment of waste to a treatment facility, the generator shall submit a notice that provides the information in column "268-7(a)(9)" in the Generator Paperwork Requirements Table of Subsection R315-268-7(a)(4), and the following certification. The certification, which shall be signed by an authorized representative and shall be placed in the generator's files, shall say the following:
I certify under penalty of law that I personally have examined and am familiar with the waste and that the lab pack contains only wastes that have not been excluded under appendix IV to Rule R315-268 and that this lab pack will be sent to a combustion facility in compliance with the alternative treatment standards for lab packs at Subsection R315-268-42(c). I am aware that there are significant penalties for submitting a false certification, including the possibility of fine or imprisonment.
(ii) No further notification is necessary until such time that the wastes in the lab pack change, or the receiving facility changes, in which case a new notice and certification shall be sent and a copy placed in the generator's file.
(iii) If the lab pack contains characteristic hazardous wastes, D001-D043 excluding D009, underlying hazardous constituents, as defined in Subsection R315-268-2(i) need not be determined.
(iv) The generator shall also comply with the requirements in Subsections R315-268-7(a)(6) and (a)(7).
(10) Small quantity generators with tolling agreements pursuant to Subsection R315-262-20(e) shall comply with the applicable notification and certification requirements of Subsection R315-268-7(a) for the initial shipment of the waste subject to the agreement. Such generators shall retain on-site a copy of the notification and certification, together with the tolling agreement, for at least three years after termination or expiration of the agreement. The three-year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Director.
(b) Treatment facilities shall test their wastes according to the frequency specified in their waste analysis plans as required by Section R315-264-13, for permitted TSDs, or 40 CFR 265.13, which is adopted by reference, for interim status facilities. Such testing shall be performed as provided in Subsections R315-268-7(b)(1), (b)(2) and (b)(3).
(1) For wastes or contaminated soil with treatment standards expressed in the waste extract (TCLP), the owner or operator of the treatment facility shall test an extract of the treatment residues, using test method 1311, the Toxicity Characteristic Leaching Procedure, described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 as incorporated by reference in Section R315-260-11, to assure that the treatment residues extract meet the applicable treatment standards.
(2) For wastes or contaminated soil with treatment standards expressed as concentrations in the waste, the owner or operator of the treatment facility shall test the treatment residues, not an extract of such residues, to assure that they meet the applicable treatment standards.
(3) A one-time notice shall be sent with the initial shipment of waste or contaminated soil to the land disposal facility. A copy of the notice shall be placed in the treatment facility's file.
(i) No further notification is necessary until such time that the waste or receiving facility change, in which case a new notice shall be sent and a copy placed in the treatment facility's file.
(ii) The one-time notice shall include these requirements:
Treatment Facility Paperwork Requirements Table
Required information 268-7(b)
1. EPA Hazardous Waste Numbers and Manifest X
Number of first shipment
2. The waste is subject to the LDRs. The X
constituents of concern for F001-F005, and F039,
and underlying hazardous constituents in
characteristic wastes, unless the waste will be
treated and monitored for all constituents. If all
constituents will be treated and monitored, there
is no need to put them all on the LDR notice.
3. The notice shall include the applicable X
wastewater/ nonwastewater category, see
Subsections R315-268-2(d) and (f)) and
subdivisions made within a waste code based on
waste-specific criteria, such as D003 reactive
cyanide
4. Waste analysis data, when available X
5. For contaminated soil subject to LDRs as X
provided in Subsection R315-268-49(a), the
constituents subject
to treatment as described in Subsection
R315-268-49(d) and the following statement,
"this contaminated soil, does/does not, exhibit a
characteristic of hazardous waste and, is subject
to/complies with, the soil treatment standards as
provided by Subsection R315-268-49(c)".
6. A certification is needed, see applicable X
section for exact wording(4) The treatment facility shall submit a one-time certification signed by an authorized representative with the initial shipment of waste or treatment residue of a restricted waste to the land disposal facility. The certification shall state:
I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification. Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the treatment process has been operated and maintained properly so as to comply with the treatment standards specified in Section R315-268-40 without impermissible dilution of the prohibited waste. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.
A certification is also necessary for contaminated soil and it shall state:
I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification and believe that it has been maintained and operated properly so as to comply with treatment standards specified in Section R315-268-49 without impermissible dilution of the prohibited wastes. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.
(i) A copy of the certification shall be placed in the treatment facility's on-site files. If the waste or treatment residue changes, or the receiving facility changes, a new certification shall be sent to the receiving facility, and a copy placed in the file.
(ii) Debris excluded from the definition of hazardous waste under Subsection R315-261-3(f), i.e., debris treated by an extraction or destruction technology provided by Table 1, Section R315-268-45, and debris that the Director has determined does not contain hazardous waste, however, is subject to the notification and certification requirements of Subsection R315-268-7(d) rather than the certification requirements of Subsection R315-268-7(b).
(iii) For wastes with organic constituents having treatment standards expressed as concentration levels, if compliance with the treatment standards is based in whole or in part on the analytical detection limit alternative specified in Subsection R315-268-40(d), the certification, signed by an authorized representative, shall state the following:
I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification. Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the nonwastewater organic constituents have been treated by combustion units as specified in Section R315-268-42, Table 1. I have been unable to detect the nonwastewater organic constituents, despite having used best good-faith efforts to analyze for such constituents. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.
(iv) For characteristic wastes that are subject to the treatment standards in Section R315-268-40, other than those expressed as a method of treatment, or Section R315-268-49, and that contain underlying hazardous constituents as defined in Subsection R315-268-2(i); if these wastes are treated on-site to remove the hazardous characteristic; and are then sent off-site for treatment of underlying hazardous constituents, the certification shall state the following:
I certify under penalty of law that the waste has been treated in accordance with the requirements of Section R315-268-40 or 49 to remove the hazardous characteristic. This decharacterized waste contains underlying hazardous constituents that require further treatment to meet treatment standards. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.
(v) For characteristic wastes that contain underlying hazardous constituents as defined Subsection R315-268-2(i) that are treated on-site to remove the hazardous characteristic to treat underlying hazardous constituents to levels in Section R315-268-48 Universal Treatment Standards, the certification shall state the following:
I certify under penalty of law that the waste has been treated in accordance with the requirements of Section R315-268-40 to remove the hazardous characteristic and that underlying hazardous constituents, as defined in Subsection R315-268-2(i) have been treated on-site to meet the Section R315-268-48 Universal Treatment Standards. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.
(5) If the waste or treatment residue will be further managed at a different treatment, storage, or disposal facility, the treatment, storage, or disposal facility sending the waste or treatment residue off-site shall comply with the notice and certification requirements applicable to generators under Section R315-268-7.
(6) Where the wastes are recyclable materials used in a manner constituting disposal subject to the provisions of Subsection R315-266-20(b) regarding treatment standards and prohibition levels, the owner or operator of a treatment facility, i.e., the recycler, shall, for the initial shipment of waste, prepare a one-time certification described in Subsection R315-268-7(b)(4), and a one-time notice which includes the information in Subsection R315-268-7(b)(3), except the manifest number. The certification and notification shall be placed in the facility's on-site files. If the waste or the receiving facility changes, a new certification and notification shall be prepared and placed in the on-site files. In addition, the recycling facility shall also keep records of the name and location of each entity receiving the hazardous waste-derived product.
(c) Except where the owner or operator is disposing of any waste that is a recyclable material used in a manner constituting disposal pursuant to Subsection R315-266-20(b), the owner or operator of any land disposal facility disposing any waste subject to restrictions under Rule R315-268 shall:
(1) Have copies of the notice and certifications specified in Subsection R315-268-7(a) or (b).
(2) Test the waste, or an extract of the waste or treatment residue developed using test method 1311, the Toxicity Characteristic Leaching Procedure, described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 as incorporated by reference in Section R315-260-11, to assure that the wastes or treatment residues are in compliance with the applicable treatment standards set forth in Sections R315-268-40 through 49. Such testing shall be performed according to the frequency specified in the facility's waste analysis plan as required by Section R315-264-13 or 40 CFR 265.13, which is adopted by reference.
(d) Generators or treaters who first claim that hazardous debris is excluded from the definition of hazardous waste under Subsection R315-261-3(f), i.e., debris treated by an extraction or destruction technology provided by Table 1, Section R315-268-45, and debris that the Director has determined does not contain hazardous waste, are subject to the following notification and certification requirements:
(1) A one-time notification, including the following information, shall be submitted to the Director:
(i) The name and address of the Subtitle D facility receiving the treated debris;
(ii) A description of the hazardous debris as initially generated, including the applicable EPA Hazardous Waste Number(s); and
(iii) For debris excluded under Subsection R315-261-3(f)(1), the technology from Table 1, Section R315-268-45, used to treat the debris.
(2) The notification shall be updated if the debris is shipped to a different facility, and, for debris excluded under Subsection R315-261-2(f)(1), if a different type of debris is treated or if a different technology is used to treat the debris.
(3) For debris excluded under Subsection R315-261-3(f)(1), the owner or operator of the treatment facility shall document and certify compliance with the treatment standards of Table 1, Section R315-268-45, as follows:
(i) Records shall be kept of all inspections, evaluations, and analyses of treated debris that are made to determine compliance with the treatment standards;
(ii) Records shall be kept of any data or information the treater obtains during treatment of the debris that identifies key operating parameters of the treatment unit; and
(iii) For each shipment of treated debris, a certification of compliance with the treatment standards shall be signed by an authorized representative and placed in the facility's files. The certification shall state the following: "I certify under penalty of law that the debris has been treated in accordance with the requirements of Section R315-268-45. I am aware that there are significant penalties for making a false certification, including the possibility of fine and imprisonment."
(e) Generators and treaters who first receive from the Director a determination that a given contaminated soil subject to LDRs as provided in Subsection R315-268-49(a) no longer contains a listed hazardous waste and generators and treaters who first determine that a contaminated soil subject to LDRs as provided in Subsection R315-268-49(a) no longer exhibits a characteristic of hazardous waste shall:
(1) Prepare a one-time only documentation of these determinations including all supporting information; and,
(2) Maintain that information in the facility files and other records for a minimum of three years.
R315-268-9. Land Disposal Restrictions -- Special Rules Regarding Wastes That Exhibit a Characteristic.
(a) The initial generator of a solid waste shall determine each EPA Hazardous Waste Number, waste code, applicable to the waste in order to determine the applicable treatment standards under Sections R315-268-40 through 49. This determination may be made concurrently with the hazardous waste determination required in Section R315-262-11. For purposes of Rule R315-268, the waste shall carry the waste code for any applicable listed waste Sections R315-261-30 through 35. In addition, where the waste exhibits a characteristic, the waste shall carry one or more of the characteristic waste codes Sections R315-261-20 through 24, except when the treatment standard for the listed waste operates in lieu of the treatment standard for the characteristic waste, as specified in Subsection R315-268-9(b). If the generator determines that their waste displays a hazardous characteristic, and is not D001 nonwastewaters treated by CMBST, RORGS, OR POLYM of Section R315-268-42, Table 1, the generator shall determine the underlying hazardous constituents, as defined at Subsection R315-268-2(i), in the characteristic waste.
(b) Where a prohibited waste is both listed under Sections R315-261-30 through 35 and exhibits a characteristic under Sections R315-261-20 through 24, the treatment standard for the waste code listed in Sections R315-261-30 through 35 shall operate in lieu of the standard for the waste code under Sections R315-261-20 through 24, provided that the treatment standard for the listed waste includes a treatment standard for the constituent that causes the waste to exhibit the characteristic. Otherwise, the waste shall meet the treatment standards for all applicable listed and characteristic waste codes.
(c) In addition to any applicable standards determined from the initial point of generation, no prohibited waste which exhibits a characteristic under Sections R315-261-20 through 24 may be land disposed unless the waste complies with the treatment standards under Sections R315-268-40 through 49.
(d) Wastes that exhibit a characteristic are also subject to Section R315-268-7 requirements, except that once the waste is no longer hazardous, a one-time notification and certification shall be placed in the generator's or treater's on-site files. The notification and certification shall be updated if the process or operation generating the waste changes and/or if the non-hazardous waste facility receiving the waste changes.
(1) The notification shall include the following information:
(i) Name and address of the non-hazardous waste facility receiving the waste shipment; and
(ii) A description of the waste as initially generated, including the applicable EPA hazardous waste code(s), treatability group(s), and underlying hazardous constituents, as defined in Subsection R315-268-2(i), unless the waste will be treated and monitored for all underlying hazardous constituents. If all underlying hazardous constituents will be treated and monitored, there is no requirement to list any of the underlying hazardous constituents on the notice.
(2) The certification shall be signed by an authorized representative and shall state the language found in Subsection R315-268-7(b)(4).
(i) If treatment removes the characteristic but does not meet standards applicable to underlying hazardous constituents, then the certification found in Subsection R315-268-7(b)(4)(iv) applies.
R315-268-13. Land Disposal Restrictions -- Schedule for Wastes Identified or Listed After November 8, 1984.
In the case of any hazardous waste identified or listed under section 3001 after November 8, 1984, the Administrator shall make a land disposal prohibition determination within 6 months after the date of identification or listing.
R315-268-14. Land Disposal Restrictions -- Surface Impoundment Exemptions.
(a) Section R315-268-14 defines additional circumstances under which an otherwise prohibited waste may continue to be placed in a surface impoundment.
(b) Wastes which are newly identified or listed under RCRA section 3001 after November 8, 1984, and stored in a surface impoundment that is newly subject to subtitle C of RCRA as a result of the additional identification or listing, may continue to be stored in the surface impoundment for 48 months after the promulgation of the additional listing or characteristic, notwithstanding that the waste is otherwise prohibited from land disposal, provided that the surface impoundment is in compliance with the requirements of 40 CFR 265.90 through 94, which are adopted by reference, within 12 months after promulgation of the new listing or characteristic.
(c) Wastes which are newly identified or listed under RCRA section 3001 after November 8, 1984, and treated in a surface impoundment that is newly subject to subtitle C of RCRA as a result of the additional identification or listing, may continue to be treated in that surface impoundment, notwithstanding that the waste is otherwise prohibited from land disposal, provided that surface impoundment is in compliance with the requirements of 40 CFR 265.90 through 94, which are adopted by reference, within 12 months after the promulgation of the new listing or characteristic. In addition, if the surface impoundment continues to treat hazardous waste after 48 months from promulgation of the additional listing or characteristic, it shall then be in compliance with Section R315-268-4.
R315-268-20. Land Disposal Restrictions -- Waste Specific Prohibitions -- Dyes and/or Pigments Production Wastes.
(a) Effective August 23, 2005, the waste specified in Rule R315-261 as EPA Hazardous Waste Number K181, and soil and debris contaminated with this waste, radioactive wastes mixed with this waste, and soil and debris contaminated with radioactive wastes mixed with this waste are prohibited from land disposal.
(b) The requirements of Subsection R315-268-20(a) do not apply if:
(1) The wastes meet the applicable treatment standards specified in Sections R315-268-40 through 49;
(2) Persons have been granted an exemption from a prohibition pursuant to a petition under Section R315-268-6, with respect to those wastes and units covered by the petition;
(3) The wastes meet the applicable treatment standards established pursuant to a petition granted under Section R315-268-44;
(4) Hazardous debris has met the treatment standards in Section R315-268-40 or the alternative treatment standards in Section R315-268-45; or
(5) Persons have been granted an extension to the effective date of a prohibition pursuant to Section R315-268-5, with respect to these wastes covered by the extension.
(c) To determine whether a hazardous waste identified in Section R315-268-20 exceeds the applicable treatment standards specified in Section R315-268-40, the initial generator shall 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 of the waste, or the generator may use knowledge of the waste. If the waste contains regulated constituents in excess of the applicable Sections R315-268-40 through 49 levels, the waste is prohibited from land disposal, and all requirements of Rule R315-268 are applicable, except as otherwise specified.
R315-268-30. Land Disposal Restrictions -- Waste Specific Prohibitions -- Wood Preserving Wastes.
(a) Effective August 11, 1997, the following wastes are prohibited from land disposal: the wastes specified in Rule R315-261 as EPA Hazardous Waste numbers F032, F034, and F035.
(b) Effective May 12, 1999, the following wastes are prohibited from land disposal: soil and debris contaminated with F032, F034, F035; and radioactive wastes mixed with EPA Hazardous waste numbers F032, F034, and F035.
(c) Between May 12, 1997 and May 12, 1999, soil and debris contaminated with F032, F034, F035; and radioactive waste mixed with F032, F034, and F035 may be disposed in a landfill or surface impoundment only if such unit is in compliance with the requirements specified in Subsection R315-268-5(h)(2).
(d) The requirements of Subsections R315-268-30(a) and (b) do not apply if:
(1) The wastes meet the applicable treatment standards specified in Sections R315-268-40 through 49;
(2) Persons have been granted an exemption from a prohibition pursuant to a petition under Section R315-268-6, 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 Section R315-268-44; or
(4) Persons have been granted an extension to the effective date of a prohibition pursuant to Section R315-268-5, with respect to those wastes covered by the extension.
(e) To determine whether a hazardous waste identified in Section R315-268-30 exceeds the applicable treatment standards specified in Section R315-268-40, the initial generator shall 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 Universal Treatment Standard levels of Section R315-268-48, the waste is prohibited from land disposal, and all requirements of Rule R315-268 are applicable, except as otherwise specified.
R315-268-31. Land Disposal Restrictions -- Waste Specific Prohibitions-Dioxin-Containing Wastes.
(a) Effective November 8, 1988, the dioxin-containing wastes specified in Section R315-261-31 as EPA Hazardous Waste Nos. F020, F02l, F022, F023, F026, F027, and F028, are prohibited from land disposal unless the following condition applies:
(1) The F020-F023 and F026-F028 dioxin-containing waste is contaminated soil and debris resulting from a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or a corrective action taken under subtitle C of the Resource Conservation and Recovery Act (RCRA).
(b) Effective November 8, 1990, the F020-F023 and F026-F028 dioxin-containing wastes listed in Subsection R315-268-31(a)(1) are prohibited from land disposal.
(c) Between November 8, 1988, and November 8, 1990, wastes included in Subsection R315-268-31(a)(1) may be disposed in a landfill or surface impoundment only if such unit is in compliance with the requirements specified in Subsection R315-268-5(h)(2) and all other applicable requirements of Rules R315-264 and 265.
(d) The requirements of Subsections R315-268-31(a) and (b) do not apply if:
(1) The wastes meet the standards of Sections R315-268-40 through 49; or
(2) Persons have been granted an exemption from a prohibition pursuant to a petition under Section R315-268-6, with respect to those wastes and units covered by the petition; or
(3) Persons have been granted an extension to the effective date of a prohibition pursuant to Section R315-268-5, with respect to those wastes covered by the extension.
R315-268-32. Land Disposal Restrictions -- Waste Specific Prohibitions -- Soils Exhibiting the Toxicity Characteristic for Metals and Containing Pcbs.
(a) Effective December 26, 2000, the following wastes are prohibited from land disposal: any volumes of soil exhibiting the toxicity characteristic solely because of the presence of metals (D004---D011) and containing PCBs.
(b) The requirements of Subsection R315-268-32(a) do not apply if:
(1)(i) The wastes contain halogenated organic compounds in total concentration less than 1,000 mg/kg; and
(ii) The wastes meet the treatment standards specified in Sections R315-268-40 through 49 for EPA hazardous waste numbers D004-D011, as applicable; or
(2)(i) The wastes contain halogenated organic compounds in total concentration less than 1,000 mg/kg; and
(ii) The wastes meet the alternative treatment standards specified in Section R315-268-49 for contaminated soil; or
(3) Persons have been granted an exemption from a prohibition pursuant to a petition under Section R315-268-6, with respect to those wastes and units covered by the petition; or
(4) The wastes meet applicable alternative treatment standards established pursuant to a petition granted under Section R315-268-44.
R315-268-33. Land Disposal Restrictions Waste Specific Prohibitions -- Chlorinated Aliphatic Wastes.
(a) Effective May 8, 2001, the wastes specified in Rule R315-261 as EPA Hazardous Wastes Numbers K174, and K175, soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal.
(b) The requirements of Subsection R315-268-33(a) do not apply if:
(1) The wastes meet the applicable treatment standards specified in Sections R315-268-40 through 49;
(2) Persons have been granted an exemption from a prohibition pursuant to a petition under Section R315-268-6, with respect to those wastes and units covered by the petition;
(3) The wastes meet the applicable treatment standards established pursuant to a petition granted under Section R315-268-44;
(4) Hazardous debris has met the treatment standards in Section R315-268-40 or the alternative treatment standards in Section R315-268-45; or
(5) Persons have been granted an extension to the effective date of a prohibition pursuant to Section R315-268-5, with respect to these wastes covered by the extension.
(c) To determine whether a hazardous waste identified in Sections R315-268-33 exceeds the applicable treatment standards specified in Section R315-268-40, the initial generator shall 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 regulated constituents in excess of the applicable levels of Sections R315-268-40 through 49, the waste is prohibited from land disposal, and all requirements of Rule R315-268 are applicable, except as otherwise specified.
(d) Disposal of K175 wastes that have complied with all applicable Section R315-268-40 treatment standards shall also be macroencapsulated in accordance with Section R315-268-45 Table 1 unless the waste is placed in:
(1) A hazardous waste monofill containing only K175 wastes that meet all applicable Section R315-268-40 treatment standards; or
(2) A dedicated hazardous waste landfill cell in which all other wastes being co-disposed are at pH less than or equal to 6.0.
R315-268-34. Land Disposal Restrictions -- Waste Specific Prohibitions-Toxicity Characteristic Metal Wastes.
(a) Effective August 24, 1998, the following wastes are prohibited from land disposal: the wastes specified in Rule R315-261 as EPA Hazardous Waste numbers D004-D011 that are newly identified, i.e. wastes, soil, or debris identified as hazardous by the Toxic Characteristic Leaching Procedure but not the Extraction Procedure, and waste, soil, or debris from mineral processing operations that is identified as hazardous by the specifications at Rule R315-261.
(b) Effective November 26, 1998, the following waste is prohibited from land disposal: Slag from secondary lead smelting which exhibits the Toxicity Characteristic due to the presence of one or more metals.
(c) Effective May 26, 2000, the following wastes are prohibited from land disposal: newly identified characteristic wastes from elemental phosphorus processing; radioactive wastes mixed with EPA Hazardous wastes D004-D011 that are newly identified, i.e., wastes, soil, or debris identified as hazardous by the Toxic Characteristic Leaching Procedure but not the Extraction Procedure; or mixed with newly identified characteristic mineral processing wastes, soil, or debris.
(d) Between May 26, 1998 and May 26, 2000, newly identified characteristic wastes from elemental phosphorus processing, radioactive waste mixed with D004-D011 wastes that are newly identified, i.e., wastes, soil, or debris identified as hazardous by the Toxic Characteristic Leaching Procedure but not the Extraction Procedure, or mixed with newly identified characteristic mineral processing wastes, soil, or debris may be disposed in a landfill or surface impoundment only if such unit is in compliance with the requirements specified in Subsection R315-268-5(h).
(e) The requirements of Subsection R315-268-34(a) and (b) do not apply if:
(1) The wastes meet the applicable treatment standards specified in Sections R315-268-40 through 49:
(2) Persons have been granted an exemption from a prohibition pursuant to a petition under Section R315-268-6, 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 Section R315-268-44; or
(4) Persons have been granted an extension to the effective date of a prohibition pursuant to Section R315-268-5, with respect to these wastes covered by the extension.
(f) To determine whether a hazardous waste identified in Section R315-268-34 exceeds the applicable treatment standards specified in Section R315-268-40, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentration in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents, including underlying hazardous constituents in characteristic wastes, in excess of the applicable Universal Treatment Standard levels of Section R315-268-48, the waste is prohibited from land disposal, and all requirements of Rule R315-268 are applicable, except as otherwise specified.
R315-268-35. Land Disposal Restrictions -- Waste Specific Prohibitions -- Petroleum Refining Wastes.
(a) Effective February 8, 1999, the wastes specified in Rule R315-261 as EPA Hazardous Wastes Numbers K169, K170, K171, and K172, soils and debris contaminated with these wastes, radioactive wastes mixed with these hazardous wastes, and soils and debris contaminated with these radioactive mixed wastes, are prohibited from land disposal.
(b) The requirements of Subsection R315-268-35(a) do not apply if:
(1) The wastes meet the applicable treatment standards specified in Sections R315-268-40 through 49;
(2) Persons have been granted an exemption from a prohibition pursuant to a petition under Section R315-268-6, with respect to those wastes and units covered by the petition;
(3) The wastes meet the applicable treatment standards established pursuant to a petition granted under Section R315-268-44;
(4) Hazardous debris that have met treatment standards in Section R315-268-40 or in the alternative treatment standards in Section R315-268-45; or
(5) Persons have been granted an extension to the effective date of a prohibition pursuant to Section R315-268-5, with respect to these wastes covered by the extension.
(c) To determine whether a hazardous waste identified in Section R315-268-35 exceeds the applicable treatment standards specified in Section R315-268-40, the initial generator shall 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 Universal Treatment Standard levels of Section R315-268-48, the waste is prohibited from land disposal, and all requirements of Rule R315-268 are applicable, except as otherwise specified.
R315-268-36. Land Disposal Restrictions -- Waste Specific Prohibitions-Inorganic Chemical Wastes.
(a) Effective May 20, 2002, the wastes specified in Rule R315-261 as EPA Hazardous Wastes Numbers K176, K177, and K178, and soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal.
(b) The requirements of Subsection R315-268-36(a) do not apply if:
(1) The wastes meet the applicable treatment standards specified in Sections R315-268-40 through 49;
(2) Persons have been granted an exemption from a prohibition pursuant to a petition under Section R315-268-6, with respect to those wastes and units covered by the petition;
(3) The wastes meet the applicable treatment standards established pursuant to a petition granted under Section R315-268-44;
(4) Hazardous debris has met the treatment standards in Section R315-268-40 or the alternative treatment standards in Section R315-268-45; or
(5) Persons have been granted an extension to the effective date of a prohibition pursuant to Section R315-268-5, with respect to these wastes covered by the extension.
(c) To determine whether a hazardous waste identified in Section R315-268-36 exceeds the applicable treatment standards specified in Section R315-268-40, the initial generator shall 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 regulated constituents in excess of the applicable Sections R315-268-40 through 49 levels, the waste is prohibited from land disposal, and all requirements of Rule R315-268 are applicable, except as otherwise specified.
R315-268-37. Land Disposal Restrictions -- Waste Specific Prohibitions -- Ignitable and Corrosive Characteristic Wastes Whose Treatment Standards Were Vacated.
(a) Effective August 9, 1993, the wastes specified in Section R315-261-21 as D001, and is not in the High TOC Ignitable Liquids Subcategory, and specified in Section R315-261-22 as D002, 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.
(b) Effective February 10, 1994, the wastes specified in Section R315-261-21 as D001, and is not in the High TOC Ignitable Liquids Subcategory, and specified in Section R315-261-22 as D002, that are managed in systems defined in 40 CFR 144.6(e) and 146.6(e) as Class V injection wells, that do not engage in CWA-equivalent treatment before injection, are prohibited from land disposal.
R315-268-38. Land Disposal Restrictions -- 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 Section R315-261-32 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 Section R315-261-24, 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 Subsection R315-268-38(b) may be disposed in a landfill or surface impoundment, only if such unit is in compliance with the requirements specified in Subsection R315-268-5(h)(2).
(d) The requirements of Subsections R315-268-38(a), (b), and (c) do not apply if:
(1) The wastes meet the applicable treatment standards specified in Sections R315-268-40 through 49;
(2) Persons have been granted an exemption from a prohibition pursuant to a petition under Section R315-268-6, 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 Section R315-268-44;
(4) Persons have been granted an extension to the effective date of a prohibition pursuant to Section R315-268-5, with respect to these wastes covered by the extension.
(e) To determine whether a hazardous waste identified in Section R315-268-38 exceeds the applicable treatment standards specified in Section R315-268-40, the initial generator shall 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 Sections R315-268-40 through 49, the waste is prohibited from land disposal, and all requirements of Rule R315-268 are applicable, except as otherwise specified.
R315-268-39. Land Disposal Restrictions -- Waste Specific Prohibitions -- Spent Aluminum Potliners; Reactive; and Carbamate Wastes.
(a) On July 8, 1996, the wastes specified in Section R315-261-32 as EPA Hazardous Waste numbers K156-K159, and K161; and in Section R315-261-33 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 Section R315-261-23 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 Section R315-268-40.
(c) On September 21, 1998, the wastes specified in Section R315-261-32 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 Subsections R315-268-39(a), (c), and (d) may be disposed in a landfill or surface impoundment, only if such unit is in compliance with the requirements specified in Subsection R315-268-5(h)(2).
(f) The requirements of Subsections R315-268-39(a), (b), (c), and (d) do not apply if:
(1) The wastes meet the applicable treatment standards specified in Sections R315-268-40 through 49;
(2) Persons have been granted an exemption from a prohibition pursuant to a petition under Section R315-268-6, 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 Section R315-268-44;
(4) Persons have been granted an extension to the effective date of a prohibition pursuant to Section R315-268-5, with respect to these wastes covered by the extension.
(g) To determine whether a hazardous waste identified in Section R315-268-39 exceeds the applicable treatment standards specified in Section R315-268-40, the initial generator shall 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 Sections R315-268-40 through 49, the waste is prohibited from land disposal, and all requirements of Rule R315-268 are applicable, except as otherwise specified.
R315-268-40. Land Disposal Restrictions -- Applicability of Treatment Standards.
(a) A prohibited waste identified in the table "Treatment Standards for Hazardous Wastes" may be land disposed only if it meets the requirements found in the table. For each waste, the table identifies one of three types of treatment standard requirements:
(1) All hazardous constituents in the waste or in the treatment residue shall be at or below the values found in the table for that waste ("total waste standards"); or
(2) The hazardous constituents in the extract of the waste or in the extract of the treatment residue shall be at or below the values found in the table ("waste extract standards"); or
(3) The waste shall be treated using the technology specified in the table ("technology standard"), which are described in detail in Section R315-268-42, Table 1-Technology Codes and Description of Technology-Based Standards.
(b) For wastewaters, compliance with concentration level standards is based on maximums for any one day, except for D004 through D011 wastes for which the previously promulgated treatment standards based on grab samples remain in effect. For all nonwastewaters, compliance with concentration level standards is based on grab sampling. For wastes covered by the waste extract standards, the test Method 1311, the Toxicity Characteristic Leaching Procedure found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in Section R315-260-11, shall be used to measure compliance. An exception is made for D004 and D008, for which either of two test methods may be used: Method 1311, or Method 1310B, the Extraction Procedure Toxicity Test. For wastes covered by a technology standard, the wastes may be land disposed after being treated using that specified technology or an equivalent treatment technology approved by the Administrator under the procedures set forth in Section R315-268-42(b).
(c) When wastes with differing treatment standards for a constituent of concern are combined for purposes of treatment, the treatment residue shall meet the lowest treatment standard for the constituent of concern.
(d) Notwithstanding the prohibitions specified in Subsection R315-268-40(a), treatment and disposal facilities may demonstrate, and certify pursuant to Subsection R315-268-7(b)(5), compliance with the treatment standards for organic constituents specified by a footnote in the table "Treatment Standards for Hazardous Wastes" in Section R315-268-40, provided the following conditions are satisfied:
(1) The treatment standards for the organic constituents were established based on incineration in units operated in accordance with the technical requirements of Section R315-264-340 through 351, or based on combustion in fuel substitution units operating in accordance with applicable technical requirements;
(2) The treatment or disposal facility has used the methods referenced in Subsection R315-268-40(d)(1) to treat the organic constituents; and
(3) The treatment or disposal facility may demonstrate compliance with organic constituents if good-faith analytical efforts achieve detection limits for the regulated organic constituents that do not exceed the treatment standards specified in Section R315-268-40 by an order of magnitude.
(e) For characteristic wastes (D001-D043) that are subject to treatment standards in the following table "Treatment Standards for Hazardous Wastes," and are not managed in a wastewater treatment system that is regulated under the Clean Water Act (CWA), that is CWA-equivalent, or that is injected into a Class I nonhazardous deep injection well, all underlying hazardous constituents, as defined in Section R315-268-2(i), shall meet Universal Treatment Standards, found in Section R315-268-48, Table Universal Treatment Standards, prior to land disposal as defined in Subsection R315-268-2(c).
(f) The treatment standards for F001-F005 nonwastewater constituents carbon disulfide, cyclohexanone, and/or methanol apply to wastes which contain only one, two, or three of these constituents. Compliance is measured for these constituents in the waste extract from test Method 1311, the Toxicity Characteristic Leaching Procedure found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, as incorporated by reference in Section R315-260-11. If the waste contains any of these three constituents along with any of the other 25 constituents found in F001-F005, then compliance with treatment standards for carbon disulfide, cyclohexanone, and/or methanol are not required.
(g) Between August 26, 1996 and March 4, 1999 the treatment standards for the wastes specified in Section R315-261-32 as EPA Hazardous Waste numbers K156-K161; and in Section R315-261-33 as EPA Hazardous Waste numbers P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U277-U280, U364-U367, U372, U373, U375-U379, U381-U387, U389-U396, U400-U404, U407, and U409-U411; and soil contaminated with these wastes; may be satisfied by either meeting the constituent concentrations presented in the table "Treatment Standards for Hazardous Wastes" in Section R315-268-40, or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST at Section R315-268-42 Table 1, for nonwastewaters; and, biodegradation as defined by the technology code BIODG, carbon adsorption as defined by the technology code CARBN, chemical oxidation as defined by the technology code CHOXD, or combustion as defined as technology code CMBST at Section R315-268-42 Table 1, for wastewaters.
(h) Prohibited D004-D011 mixed radioactive wastes and mixed radioactive listed wastes containing metal constituents, that were previously treated by stabilization to the treatment standards in effect at that time and then put into storage, do not have to be re-treated to meet treatment standards in Section R315-268-40 prior to land disposal.
(i) Reserved
(j) Effective September 4, 1998, the treatment standards for the wastes specified in Section R315-261-33 as EPA Hazardous Waste numbers P185, P191, P192, P197, U364, U394, and U395 may be satisfied by either meeting the constituent concentrations presented in the table "Treatment Standards for Hazardous Wastes" in Section R315-268-40, or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST at Section R315-268-42 Table 1, for nonwastewaters; and, biodegradation as defined by the technology code BIODG, carbon adsorption as defined by the technology code CARBN, chemical oxidation as defined by the technology code CHOXD, or combustion as defined as technology code CMBST at Section R315-268-42 Table 1, for wastewaters.
Table Treatment Standards for Hazardous Wastes and the Footnotes To Treatment Standards Standard Table in 40 CFR 268.40, 2015 edition, are adopted and incorporated by reference.
R315-268-41. Land Disposal Restrictions -- Treatment Standards Expressed as Concentrations in Waste Extract.
For the requirements previously found in Section R315-268-41 and for treatment standards in Table CCWE-Constituent Concentrations in Waste Extracts, refer to Section R315-268-40.
R315-268-42. Land Disposal Restrictions -- Treatment Standards Expressed as Specified Technologies.
Note: For the requirements previously found in Section R315-268-42 in Table 2-Technology-Based Standards By RCRA Waste Code, and Table 3-Technology-Based Standards for Specific Radioactive Hazardous Mixed Waste, refer to Section R315-268-40.
(a) The following wastes in the table in R315-268-40 "Treatment Standards for Hazardous Wastes," for which standards are expressed as a treatment method rather than a concentration level, shall be treated using the technology or technologies specified in the table entitled "Technology Codes and Description of Technology-Based Standards" in Section R315-268-42.
Table 1 -- Technology Codes and Description of Technology-Based Standards
Technology Description of technology-based standards
code
ADGAS: Venting of compressed gases into an absorbing or
reacting media (i.e., solid or liquid)---venting
can be accomplished through physical release
utilizing valves/piping; physical penetration of
the container; and/or penetration through
detonation.
AMLGM: Amalgamation of liquid, elemental mercury
contaminated with radioactive materials
utilizing inorganic reagents such as copper,
zinc, nickel, gold, and sulfur that result in a
nonliquid, semi-solid amalgam and thereby
reducing potential emissions of elemental
mercury vapors to the air.
BIODG: Biodegradation of organics or non-metallic
inorganics (i.e., degradable inorganics that
contain the elements of phosphorus, nitrogen,
and sulfur) in units operated under either
aerobic or anaerobic conditions such that a
surrogate compound or indicator parameter has
been substantially reduced in concentration in
the residuals, e.g., Total Organic Carbon can
often be used as an indicator parameter for the
biodegradation of many organic constituents that
cannot be directly analyzed in wastewater
residues.
CARBN: Carbon adsorption, granulated or powdered, of
non-metallic inorganics, organo-metallics,
and/or organic constituents, operated such that
a surrogate compound or indicator parameter has
not undergone breakthrough, e.g., Total Organic
Carbon can often be used as an indicator
parameter for the adsorption of many organic
constituents that cannot be directly analyzed in
wastewater residues. Breakthrough occurs when
the carbon has become saturated with the
constituent, or indicator parameter, and
substantial change in adsorption rate associated
with that constituent occurs.
CHOXD: Chemical or electrolytic oxidation utilizing the
following oxidation reagents, or waste reagents,
or combinations of reagents: (1) Hypochlorite,
e.g., bleach; (2) chlorine; (3) chlorine
dioxide; (4) ozone or UV, ultraviolet light,
assisted ozone; (5) peroxides; (6) persulfates;
(7) perchlorates; (8) permangantes; and/or (9)
other oxidizing reagents of equivalent
efficiency, performed in units operated such
that a surrogate compound or indicator parameter
has been substantially reduced in concentration
in the residuals, e.g., Total Organic Carbon can
often be used as an indicator parameter for the
oxidation of many organic constituents that
cannot be directly analyzed in wastewater
residues. Chemical oxidation specifically
includes what is commonly referred to as
alkaline chlorination.
CHRED: Chemical reduction utilizing the following
reducing reagents, or waste reagents, or
combinations of reagents: (1) Sulfur dioxide;
(2) sodium, potassium, or alkali salts or
sulfites, bisulfites, metabisulfites, and
polyethylene glycols, e.g., NaPEG and KPEG; (3)
sodium hydrosulfide; (4) ferrous salts; and/or
(5) other reducing reagents of equivalent
efficiency, performed in units operated such
that a surrogate compound or indicator parameter
has been substantially reduced in concentration
in the residuals, e.g., Total Organic Halogens
can often be used as an indicator parameter for
the reduction of many halogenated organic
constituents that cannot be directly analyzed in
wastewater residues. Chemical reduction is
commonly used for the reduction of hexavalent
chromium to the trivalent state.
CMBST: High temperature organic destruction
technologies, such as combustion in
incinerators, boilers, or industrial furnaces
operated in accordance with the applicable
requirements of Sections R315-264-340 through
351, 40 CFR 265.340 through 352, which are
adopted by reference, or
Sections R315-266-100 through 112, and in other
units operated in accordance with applicable
technical operating requirements; and certain
non-combustive technologies, such as the
Catalytic Extraction Process.
DEACT: Deactivation to remove the hazardous
characteristics of a waste due to its
ignitability, corrosivity, and/or reactivity.
FSUBS: Fuel substitution in units operated in
accordance with applicable technical operating
requirements.
HLVIT: Vitrification of high level mixed radioactive
wastes in units in compliance with all
applicable radioactive protection requirements
under control of the Nuclear Regulatory
Commission.
IMERC: Incineration of wastes containing organics and
mercury in units operated in accordance with the
technical operating requirements of Sections
R315-264-340 through 351 and 40 CFR 265.340
through 352, which are adopted by reference. All
wastewater and nonwastewater residues derived
from this process shall then comply with the
corresponding treatment standards per waste code
with consideration of any applicable
subcategories, e.g., High or Low Mercury
Subcategories.
INCIN: Incineration in units operated in accordance
with the technical operating requirements of
Sections R315-264-340 through 351 and 40 CFR
265.340 through 352, which are adopted by
reference.
LLEXT: Liquid-liquid extraction, often referred to as
solvent extraction, of organics from liquid
wastes into an immiscible solvent for which the
hazardous constituents have a greater solvent
affinity, resulting in an extract high in
organics that shall undergo either incineration,
reuse as a fuel, or other recovery/reuse and a
raffinate, extracted liquid waste,
proportionately low in organics that shall
undergo further treatment as specified in the
standard.
MACRO: Macroencapsulation with surface coating
materials such as polymeric organics, e.g.,
resins and plastics, or with a jacket of inert
inorganic materials to substantially reduce
surface exposure to potential leaching media.
Macroencapsulation specifically does not include
any material that would be classified as a tank
or container according to Section R315-260-10.
NEUTR: Neutralization with the following reagents, or
waste reagents, or combinations of reagents: (1)
Acids; (2) bases; or (3) water, including
wastewaters, resulting in a pH greater than 2
but less than 12.5 as measured in the aqueous
residuals.
NLDBR: No land disposal based on recycling.
POLYM: Formation of complex high-molecular weight
solids through polymerization of monomers in
high-TOC D001 non-wastewaters which are chemical
components in the manufacture of plastics.
PRECP: Chemical precipitation of metals and other
inorganics as insoluble precipitates of oxides,
hydroxides, carbonates, sulfides, sulfates,
chlorides, fluorides, or phosphates. The
following reagents, or waste reagents, are
typically used alone or in combination: (1)
Lime, i.e., containing oxides and/or hydroxides
of calcium and/or magnesium; (2) caustic, i.e.,
sodium and/or potassium hydroxides; (3) soda
ash, i.e., sodium carbonate; (4) sodium sulfide;
(5) ferric sulfate or ferric chloride; (6) alum;
or (7) sodium sulfate. Additional floculating,
coagulation or similar reagents/processes that
enhance sludge dewatering characteristics are
not precluded from use.
RBERY: Thermal recovery of Beryllium.
RCGAS: Recovery/reuse of compressed gases including
techniques such as reprocessing of the gases for
reuse/resale; filtering/adsorption of
impurities; remixing for direct reuse or resale;
and use of the gas as a fuel source.
RCORR: Recovery of acids or bases utilizing one or more
of the following recovery technologies: (1)
Distillation, i.e., thermal concentration; (2)
ion exchange; (3) resin or solid adsorption; (4)
reverse osmosis; and/or (5) incineration for the
recovery of acid-Note: this does not preclude
the use of other physical phase separation or
concentration techniques such as decantation,
filtration, including ultrafiltration, and
centrifugation, when used in conjunction with
the above listed recovery technologies.
RLEAD: Thermal recovery of lead in secondary lead
smelters.
RMERC: Retorting or roasting in a thermal processing
unit capable of volatilizing mercury and
subsequently condensing the volatilized mercury
for recovery. The retorting or roasting unit, or
facility. shall be subject to one or more of the
following: (a) a National Emissions Standard for
Hazardous Air Pollutants (NESHAP) for mercury;
(b) a Best Available Control Technology (BACT)
or a Lowest Achievable Emission Rate (LAER)
standard for mercury imposed pursuant to a
Prevention of Significant Deterioration (PSD)
permit; or (c) a state permit that establishes
emission limitations, within meaning of section
302 of the Clean Air Act, for mercury. All
wastewater and nonwastewater residues derived
from this process shall then comply with the
corresponding treatment standards per waste code
with consideration of any applicable
subcategories, e.g., High or Low Mercury
Subcategories.
RMETL: Recovery of metals or inorganics utilizing one
or more of the following direct physical/removal
technologies: (1) Ion exchange; (2) resin or
solid, i.e., zeolites, adsorption; (3) reverse
osmosis; (4) chelation/solvent extraction; (5)
freeze crystalization; (6) ultrafiltration
and/or (7) simple precipitation, i.e.,
crystallization,- Note: This does not preclude
the use of other physical phase separation or
concentration techniques such as decantation,
filtration, including ultrafiltration, and
centrifugation, when used in conjunction with
the above listed recovery technologies.
RORGS: Recovery of organics utilizing one or more of
the following technologies: (1) Distillation;
(2) thin film evaporation; (3) steam stripping;
(4) carbon adsorption; (5) critical fluid
extraction; (6) liquid-liquid extraction; (7)
precipitation/crystallization, including freeze
crystallization; or (8) chemical phase
separation techniques, i.e., addition of acids,
bases, demulsifiers, or similar chemicals;-Note:
his does not preclude the use of other physical
phase separation techniques such as a
decantation, filtration, including
ultrafiltration, and centrifugation, when used
in conjunction with the above listed recovery
technologies.
RTHRM: Thermal recovery of metals or inorganics from
nonwastewaters in units identified as industrial
furnaces according to Subsections R315-260-
10(1), (6), (7), (11), and (12) under the
definition of "industrial furnaces".
RZINC: Resmelting in high temperature metal recovery
units for the purpose of recovery of zinc.
STABL: Stabilization with the following reagents, or
waste reagents, or combinations of reagents: (1)
Portland cement; or (2) lime/pozzolans, e.g.,
fly ash and cement kiln dust, -this does not
preclude the addition of reagents, e.g., iron
salts, silicates, and clays, designed to enhance
the set/cure time and/or compressive strength,
or to overall reduce the leachability of the
metal or inorganic.
SSTRP: Steam stripping of organics from liquid wastes
utilizing direct application of steam to the
wastes operated such that liquid and vapor flow
rates, as well as temperature and pressure
ranges, have been optimized, monitored, and
maintained. These operating parameters are
dependent upon the design parameters of the
unit, such as the number of separation stages
and the internal column design, thus, resulting
in a condensed extract high in organics that
shall undergo either incineration, reuse as a
fuel, or other recovery/reuse and an extracted
wastewater that shall undergo further treatment
as specified in the standard.
VTD: Vacuum thermal desorption of low-level
radioactive hazardous mixed waste in units in
compliance with all applicable radioactive
protection requirements under control of the
Nuclear Regulatory Commission.
WETOX: Wet air oxidation performed in units operated
such that a surrogate compound or indicator
parameter has been substantially reduced in
concentration in the residuals, e.g., Total
Organic Carbon can often be used as an indicator
parameter for the oxidation of many organic
constituents that cannot be directly analyzed in
wastewater residues.
WTRRX: Controlled reaction with water for highly
reactive inorganic or organic chemicals with
precautionary controls for protection of workers
from potential violent reactions as well as
precautionary controls for potential emissions
of toxic/ignitable levels of gases released
during the reaction.
Note 1: When a combination of these technologies, i.e., a
treatment train, is specified as a single treatment standard,
the order of application is specified in Section R315-268-42,
Table 2 by indicating the five letter technology code that
shall be applied first, then the designation "fb.," an
abbreviation for "followed by," then the five letter
technology code for the technology that shall be applied next,
and so on.
Note 2: When more than one technology, or treatment train, are
specified as alternative treatment standards, the five letter
technology codes, or the treatment trains, are separated by a
semicolon (;) with the last technology preceded by the word "OR".
This indicates that any one of these BDAT technologies or
treatment trains can be used for compliance with the standard.(b) Any person may submit an application to the Administrator demonstrating that an alternative treatment method can achieve a measure of performance equivalent to that achieved by methods specified in Subsection R315-268-42(a), (c), and (d) for wastes or specified in Table 1 of Section R315-268-45 for hazardous debris. The applicant shall submit information demonstrating that his treatment method is in compliance with federal, state, and local requirements and is protective of human health and the environment. On the basis of such information and any other available information, the Administrator may approve the use of the alternative treatment method if he finds that the alternative treatment method provides a measure of performance equivalent to that achieved by methods specified in Subsections R315-268-42(a), (c), and (d) for wastes or in Table 1 of Section R315-268-45 for hazardous debris. Any approval shall be stated in writing and may contain such provisions and conditions as the Administrator deems appropriate. The person to whom such approval is issued shall comply with all limitations contained in such a determination.
(c) As an alternative to the otherwise applicable Sections R315-268-40 through 49 treatment standards, lab packs are eligible for land disposal provided the following requirements are met:
(1) The lab packs comply with the applicable provisions of Section R315-264-316 and 40 CFR 265.316, which is adopted by reference;
(2) The lab pack does not contain any of the wastes listed in Appendix IV to Rule R315-268;
(3) The lab packs are incinerated in accordance with the requirements of Sections R315-264-340 through 351, or 40 CFR 265.340 through 352, which are adopted by reference; and
(4) Any incinerator residues from lab packs containing D004, D005, D006, D007, D008, D010, and D011 are treated in compliance with the applicable treatment standards specified for such wastes in Sections R315-268-40 through 49.
(d) Radioactive hazardous mixed wastes are subject to the treatment standards in Section R315-268-40. Where treatment standards are specified for radioactive mixed wastes in the Table of Treatment Standards, those treatment standards shall govern. Where there is no specific treatment standard for radioactive mixed waste, the treatment standard for the hazardous waste, as designated by EPA waste code, applies. Hazardous debris containing radioactive waste is subject to the treatment standards specified in Section R315-268-45.
R315-268-43. Land Disposal Restrictions -- Treatment Standards Expressed as Waste Concentrations.
For the requirements previously found in Section R315-268-43 and for treatment standards in Table CCW-Constituent Concentrations in Wastes, refer to Section R315-268-40.
R315-268-44. Land Disposal Restrictions -- Variance From a Treatment Standard.
(a) Based on a petition filed by a generator or treater of hazardous waste, the Administrator may approve a variance from an applicable treatment standard if:
(1) It is not physically possible to treat the waste to the level specified in the treatment standard, or by the method specified as the treatment standard. To show that this is the case, the petitioner shall demonstrate that because the physical or chemical properties of the waste differ significantly from waste analyzed in developing the treatment standard, the waste cannot be treated to the specified level or by the specified method; or
(2) It is inappropriate to require the waste to be treated to the level specified in the treatment standard or by the method specified as the treatment standard, even though such treatment is technically possible. To show that this is the case, the petitioner shall either demonstrate that:
(i) Treatment to the specified level or by the specified method is technically inappropriate, for example, resulting in combustion of large amounts of mildly contaminated environmental media; or
(ii) For remediation waste only, treatment to the specified level or by the specified method is environmentally inappropriate because it would likely discourage aggressive remediation.
(b) Each petition shall be submitted in accordance with the procedures in 40 CFR 260.20.
(c) Each petition shall 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 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.
(d) After receiving a petition for variance from a treatment standard, the Administrator may request any additional information or samples which he may require to evaluate the petition. Additional copies of the complete petition may be requested as needed to send to affected states and Regional Offices.
(e) The Administrator shall 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 variance from a treatment standard shall be published in the Federal Register.
(f) A generator, treatment facility, or disposal facility that is managing a waste covered by a variance from the treatment standards shall comply with the waste analysis requirements for restricted wastes found under Section R315-268-7.
(g) During the petition review process, the applicant is required to comply with all restrictions on land disposal under Rule R315-268 once the effective date for the waste has been reached.
(h) Based on a petition filed by a generator or treater of hazardous waste, the Director may approve a site-specific variance from an applicable treatment standard if:
(1) It is not physically possible to treat the waste to the level specified in the treatment standard, or by the method specified as the treatment standard. To show that this is the case, the petitioner shall demonstrate that because the physical or chemical properties of the waste differ significantly from waste analyzed in developing the treatment standard, the waste cannot be treated to the specified level or by the specified method; or
(2) It is inappropriate to require the waste to be treated to the level specified in the treatment standard or by the method specified as the treatment standard, even though such treatment is technically possible. To show that this is the case, the petitioner shall either demonstrate that:
(i) Treatment to the specified level or by the specified method is technically inappropriate, for example, resulting in combustion of large amounts of mildly contaminated environmental media where the treatment standard is not based on combustion of such media; or
(ii) For remediation waste only, treatment to the specified level or by the specified method is environmentally inappropriate because it would likely discourage aggressive remediation.
(3) For contaminated soil only, treatment to the level or by the method specified in the soil treatment standards would result in concentrations of hazardous constituents that are below, i.e., lower than, the concentrations necessary to minimize short- and long-term threats to human health and the environment. Treatment variances approved under Subsection R315-268-44(h) shall:
(i) At a minimum, impose alternative land disposal restriction treatment standards that, using a reasonable maximum exposure scenario:
(A) For carcinogens, achieve constituent concentrations that result in the total excess risk to an individual exposed over a lifetime generally falling within a range from 10−4 to 10−6; and
(B) For constituents with non-carcinogenic effects, achieve constituent concentrations that an individual could be exposed to on a daily basis without appreciable risk of deleterious effect during a lifetime.
(ii) Not consider post-land-disposal controls.
(4) For contaminated soil only, treatment to the level or by the method specified in the soil treatment standards would result in concentrations of hazardous constituents that are below, i.e., lower than, natural background concentrations at the site where the contaminated soil will be land disposed.
(5) Public notice and a reasonable opportunity for public comment shall be provided before granting or denying a petition.
(i) Each application for a site-specific variance from a treatment standard shall include the information in Subsections R315-260-20(b)(1)-(4);
(j) After receiving an application for a site-specific variance from a treatment standard, the Director may request any additional information or samples which may be required to evaluate the application.
(k) A generator, treatment facility, or disposal facility that is managing a waste covered by a site-specific variance from a treatment standard shall comply with the waste analysis requirements for restricted wastes found under Section R315-268-7.
(l) During the application review process, the applicant for a site-specific variance shall comply with all restrictions on land disposal under Rule R315-268 once the effective date for the waste has been reached.
(m) For all variances, the petitioner shall also demonstrate that compliance with any given treatment variance is sufficient to minimize threats to human health and the environment posed by land disposal of the waste. In evaluating this demonstration, EPA or the Director, whichever is applicable, may take into account whether a treatment variance should be approved if the subject waste is to be used in a manner constituting disposal pursuant to Sections R315-266-20 through 23.
(n) (Reserved)
(o) The following facilities are excluded from the treatment standards under Section R315-268-40, and are subject to the following constituent concentrations:
EnergySolutions LLC, Clive, UT -- This site-specific treatment variance applies only to solid treatment residue resulting from the vacuum thermal desorption (VTD) of P- and U-listed hazardous waste containing radioactive contamination, "mixed waste," at the EnergySolutions' LLC facility in Clive, Utah that otherwise requires CMBST as the LDR treatment standard. Once the P- and U-listed mixed waste are treated using VTD, the solid treatment residue can be land disposed at EnergySolutions' onsite RCRA permitted mixed waste landfill without further treatment. This treatment variance is conditioned on EnergySolutions complying with a Waste Family Demonstration Testing Plan specifically addressing the treatment of these P- and U-listed wastes, with this plan being implemented through a RCRA Part B permit modification for the VTD unit.
R315-268-45. Land Disposal Restrictions -- Treatment Standards for Hazardous Debris.
(a) Treatment standards. Hazardous debris shall be treated prior to land disposal as follows unless the Director determines under Subsection R315-261-3(f)(2) that the debris is no longer contaminated with hazardous waste or the debris is treated to the waste-specific treatment standard provided in Sections R315-268-40 through 49 for the waste contaminating the debris:
(1) General. Hazardous debris shall be treated for each "contaminant subject to treatment" defined by Subsection R315-268-45(b) using the technology or technologies identified in Table 1 of Section R315-268-45.
(2) Characteristic debris. Hazardous debris that exhibits the characteristic of ignitability, corrosivity, or reactivity identified under Sections R315-261-21, 22, and 23, respectively, shall be deactivated by treatment using one of the technologies identified in Table 1 of Section R315-268-45.
(3) Mixtures of debris types. The treatment standards of Table 1 in Section R315-268-45 shall 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 shall 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 Subsection R315-268-45(b) shall be treated for each contaminant using one or more treatment technologies identified in Table 1 of Section R315-268-45. If an immobilization technology is used in a treatment train, it shall 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 Section R315-268-45, whichever are more stringent.
(b) Contaminants subject to treatment. Hazardous debris shall be treated for each "contaminant subject to treatment." The contaminants subject to treatment shall be determined as follows:
(1) Toxicity characteristic debris. The contaminants subject to treatment for debris that exhibits the Toxicity Characteristic (TC) by Section R315-261-24 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 Section R315-268-40.
(3) Cyanide reactive debris. Hazardous debris that is reactive because of cyanide shall 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 Section R315-268-45 and that does not exhibit a characteristic of hazardous waste identified under Sections R315-261-20 through 24 after treatment is not a hazardous waste and need not be managed in a hazardous waste facility. Hazardous debris contaminated with a listed waste that is treated by an immobilization technology specified in Table 1 is a hazardous waste and shall be managed in a hazardous waste facility.
(d) Treatment residuals
(1) General requirements. Except as provided by Subsections R315-268-45(d)(2) and (d)(4):
(i) Residue from the treatment of hazardous debris shall 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 Sections R315-268-40 through 49 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 Subsection R315-268-45(b), shall be deactivated prior to land disposal and is not subject to the waste-specific treatment standards of Sections R315-268-40 through 49.
(3) Cyanide-reactive debris. Residue from the treatment of debris that is reactive because of cyanide shall meet the treatment standards for D003 in "Treatment Standards for Hazardous Wastes" at Section R315-268-40.
(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 Section R315-268-45.
Table 1-Alternative Treatment Standards For Hazardous Debris, including footnotes found in 40 CFR 268.45, 2015 edition, is adopted and incorporated by reference.
R315-268-46. Land Disposal Restrictions -- Alternative Treatment Standards Based on HTMR.
For the treatment standards previously found in Section R315-268-46, refer to Section R315-268-40.
R315-268-48. Land Disposal Restrictions -- Universal Treatment Standards.
(a) Table UTS identifies the hazardous constituents, along with the nonwastewater and wastewater treatment standard levels, that are used to regulate most prohibited hazardous wastes with numerical limits. For determining compliance with treatment standards for underlying hazardous constituents as defined in Subsection R315-268-2(i), these treatment standards may not be exceeded. Compliance with these treatment standards is measured by an analysis of grab samples, unless otherwise noted in the following Table UTS.
Table -- Universal Treatment Standards (UTS)
Note: NA means not applicable
Regulated constituent CAS 1 Wastewater Nonwastewater
common name number standard standard
Concentra- Concentra-
tion 2in tion 3in
mg/l mg/kg unless
noted as
"mg/l TCLP"
Organic Constituents
Acenaphthylene 208-96-8 0.059 3.4
Acenaphthene 83-32-9 0.059 3.4
Acetone 67-64-1 0.28 160
Acetonitrile 75-05-8 5.6 38
Acetophenone 96-86-2 0.010 9.7
2-Acetylaminofluorene 53-96-3 0.059 140
Acrolein 107-02-8 0.29 NA
Acrylamide 79-06-1 19 23
Acrylonitrile 107-13-1 0.24 84
Aldrin 309-00-2 0.021 0.066
4-Aminobiphenyl 92-67-1 0.13 NA
Aniline 62-53-3 0.81 14
o-Anisidine 90-04-0 0.010 0.66
(2-methoxyaniline)
Anthracene 120-12-7 0.059 3.4
Aramite 140-57-8 0.36 NA
alpha-BHC 319-84-6 0.00014 0.066
beta-BHC 319-85-7 0.00014 0.066
delta-BHC 319-86-8 0.023 0.066
gamma-BHC 58-89-9 0.0017 0.066
Benzene 71-43-2 0.14 10
Benz(a)anthracene 56-55-3 0.059 3.4
Benzal chloride 98-87-3 0.055 6.0
Benzo(b)fluoranthene 205-99-2 0.11 6.8
(difficult to
distinguish from
benzo(k)fluoranthene)
Benzo(k)fluoranthene 207-08-9 0.11 6.8
(difficult to
distinguish from
benzo(b)fluoranthene)
Benzo(g,h,i)perylene 191-24-2 0.0055 1.8
Benzo(a)pyrene 50-32-8 0.061 3.4
Bromodichloromethane 75-27-4 0.35 15
Bromomethane/Methyl 74-83-9 0.11 15
bromide
4-Bromophenyl phenyl 101-55-3 0.055 15
ether
n-Butyl alcohol 71-36-3 5.6 2.6
Butyl benzyl phthalate 85-68-7 0.017 28
2-sec-Butyl-4,6- 88-85-7 0.066 2.5
dinitrophenol/Dinoseb
Carbon disulfide 75-15-0 3.8 4.8 mg/l
TCLP
Carbon tetrachloride 56-23-5 0.057 6.0
Chlordane (alpha and 57-74-9 0.0033 0.26
gamma isomers)
p-Chloroaniline 106-47-8 0.46 16
Chlorobenzene 108-90-7 0.057 6.0
Chlorobenzilate 510-15-6 0.10 NA
2-Chloro-1,3-butadiene 126-99-8 0.057 0.28
Chlorodibromomethane 124-48-1 0.057 15
Chloroethane 75-00-3 0.27 6.0
bis(2-Chloroethoxy) 111-91-1 0.036 7.2
methane
bis(2-Chloroethyl)ether 111-44-4 0.033 6.0
Chloroform 67-66-3 0.046 6.0
bis(2-Chloroisopropyl) 39638-32-9 0.055 7.2
ether
p-Chloro-m-cresol 59-50-7 0.018 14
2-Chloroethyl vinyl 110-75-8 0.062 NA
ether
Chloromethane/Methyl 74-87-3 0.19 30
chloride
2-Chloronaphthalene 91-58-7 0.055 5.6
2-Chloropchenol 95-57-8 0.044 5.7
3-Chloropropylene 107-05-1 0.036 30
Chrysene 218-01-9 0.059 3.4
p-Cresidine 120-71-8 0.010 0.66
o-Cresol 95-48-7 0.11 5.6
m-Cresol (difficult to 108-39-4 0.77 5.6
distinguish from
p-cresol)
p-Cresol (difficult to 106-44-5 0.77 5.6
distinguish from
m-cresol)
Cyclohexanone 108-94-1 0.36 0.75 mg/l
TCLP
o,p′-DDD 53-19-0 0.023 0.087
p,p′-DDD 72-54-8 0.023 0.087
o,p′-DDE 3424-82-6 0.031 0.087
p,p′-DDE 72-55-9 0.031 0.087
o,p′-DDT 789-02-6 0.0039 0.087
p,p′-DDT 50-29-3 0.0039 0.087
Dibenz(a,h)anthracene 53-70-3 0.055 8.2
Dibenz(a,e)pyrene 192-65-4 0.061 NA
1,2-Dibromo-3- 96-12-8 0.11 15
chloropropane
1,2-Dibromoethane/ 106-93-4 0.028 15
Ethylene dibromide
Dibromomethane 74-95-3 0.11 15
m-Dichlorobenzene 541-73-1 0.036 6.0
o-Dichlorobenzene 95-50-1 0.088 6.0
p-Dichlorobenzene 106-46-7 0.090 6.0
Dichlorodifluoromethane 75-71-8 0.23 7.2
1,1-Dichloroethane 75-34-3 0.059 6.0
1,2-Dichloroethane 107-06-2 0.21 6.0
1,1-Dichloroethylene 75-35-4 0.025 6.0
trans-1,2- 156-60-5 0.054 30
Dichloroethylene
2,4-Dichlorophenol 120-83-2 0.044 14
2,6-Dichlorophenol 87-65-0 0.044 14
2,4- 94-75-7 0.72 10
Dichlorophenoxyacetic
acid/2,4-D
1,2-Dichloropropane 78-87-5 0.85 18
cis-1,3- 10061-01-5 0.036 18
Dichloropropylene
trans-1,3- 10061-02-6 0.036 18
Dichloropropylene
Dieldrin 60-57-1 0.017 0.13
Diethyl phthalate 84-66-2 0.20 28
p-Dimethylaminoazobenzene 60-11-7 0.13 NA
2,4-Dimethylaniline 95-68-1 0.010 0.66
(2,4-xylidine)
2,4-Dimethyl phenol 105-67-9 0.036 14
Dimethyl phthalate 131-11-3 0.047 28
Di-n-butyl phthalate 84-74-2 0.057 28
1,4-Dinitrobenzene 100-25-4 0.32 2.3
4,6-Dinitro-o-cresol 534-52-1 0.28 160
2,4-Dinitrophenol 51-28-5 0.12 160
2,4-Dinitrotoluene 121-14-2 0.32 140
2,6-Dinitrotoluene 606-20-2 0.55 28
Di-n-octyl phthalate 117-84-0 0.017 28
Di-n-propylnitrosamine 621-64-7 0.40 14
1,4-Dioxane 123-91-1 12.0 170
Diphenylamine 122-39-4 0.92 13
(difficult to
distinguish from
diphenylnitrosamine)
Diphenylnitrosamine 86-30-6 0.92 13
(difficult to
distinguish from
diphenylamine)
1,2-Diphenylhydrazine 122-66-7 0.087 NA
Disulfoton 298-04-4 0.017 6.2
Endosulfan I 959-98-8 0.023 0.066
Endosulfan II 33213-65-9 0.029 0.13
Endosulfan sulfate 1031-07-8 0.029 0.13
Endrin 72-20-8 0.0028 0.13
Endrin aldehyde 7421-93-4 0.025 0.13
Ethyl acetate 141-78-6 0.34 33
Ethyl benzene 100-41-4 0.057 10
Ethyl cyanide/ 107-12-0 0.24 360
Propanenitrile
Ethyl ether 60-29-7 0.12 160
bis(2-Ethylhexyl) 117-81-7 0.28 28
phthalate
Ethyl methacrylate 97-63-2 0.14 160
Ethylene oxide 75-21-8 0.12 NA
Famphur 52-85-7 0.017 15
Fluoranthene 206-44-0 0.068 3.4
Fluorene 86-73-7 0.059 3.4
Heptachlor 76-44-8 0.0012 0.066
1,2,3,4,6,7,8- 35822-46-9 0.000035 .0025
Heptachlorodibenzo-p-
dioxin (1,2,3,4,6,7,8-
HpCDD)
1,2,3,4,6,7,8- 67562-39-4 0.000035 .0025
Heptachlorodibenzofluran
(1,2,3,4,6,7,8-HpCDF)
1,2,3,4,7,8,9- 55673-89-7 0.000035 .0025
Heptachlorodibenzofluran
(1,2,3,4,7,8,9-HpCDF)
Heptachlor epoxide 1024-57-3 0.016 0.066
Hexachlorobenzene 118-74-1 0.055 10
Hexachlorobutadiene 87-68-3 0.055 5.6
Hexachlorocyclopentadiene 77-47-4 0.057 2.4
HxCDDs (All NA 0.000063 0.001
Hexachlorodibenzo-p-
dioxins)
HxCDFs (All NA 0.000063 0.001
Hexachlorodibenzofurans)
Hexachloroethane 67-72-1 0.055 30
Hexachloropropylene 1888-71-7 0.035 30
Indeno(1,2,3-c,d) 193-39-5 0.0055 3.4
pyrene
Iodomethane 74-88-4 0.19 65
Isobutyl alcohol 78-83-1 5.6 170
Isodrin 465-73-6 0.021 0.066
Isosafrole 120-58-1 0.081 2.6
Kepone 143-50-0 0.0011 0.13
Methacrylonitrile 126-98-7 0.24 84
Methanol 67-56-1 5.6 0 .75 mg/l
TCLP
Methapyrilene 91-80-5 0.081 1.5
Methoxychlor 72-43-5 0.25 0.18
3-Methylcholanthrene 56-49-5 0.0055 15
4,4-Methylene bis 101-14-4 0.50 30
(2-chloroaniline)
Methylene chloride 75-09-2 0.089 30
Methyl ethyl ketone 78-93-3 0.28 36
Methyl isobutyl ketone 108-10-1 0.14 33
Methyl methacrylate 80-62-6 0.14 160
Methyl methanesulfonate 66-27-3 0.018 NA
Methyl parathion 298-00-0 0.014 4.6
Naphthalene 91-20-3 0.059 5.6
2-Naphthylamine 91-59-8 0.52 NA
o-Nitroaniline 88-74-4 0.27 14
p-Nitroaniline 100-01-6 0.028 28
Nitrobenzene 98-95-3 0.068 14
5-Nitro-o-toluidine 99-55-8 0.32 28
o-Nitrophenol 88-75-5 0.028 13
p-Nitrophenol 100-02-7 0.12 29
N-Nitrosodiethylamine 55-18-5 0.40 28
N-Nitrosodimethylamine 62-75-9 0.40 2.3
N-Nitroso-di-n- 924-16-3 0.40 17
butylamine
N- 10595-95-6 0.40 2.3
Nitrosomethylethylamine
N-Nitrosomorpholine 59-89-2 0.40 2.3
N-Nitrosopiperidine 100-75-4 0.013 35
N-Nitrosopyrrolidine 930-55-2 0.013 35
1,2,3,4,6,7,8,9- 3268-87-9 0.000063 0.005
Octachlorodibenzo-p-
dioxin (OCDD)
1,2,3,4,6,7,8,9- 39001-02-0 0.000063 0.005
Octachlorodibenzofluran
(OCDF)
Parathion 56-38-2 0.014 4.6
Total PCBs (sum of all 1336-36-3 0.10 10
PCB isomers, or all
Aroclors) 8
Pentachlorobenzene 608-93-5 0.055 10
PeCDDs (All NA 0.000063 0.001
Pentachlorodibenzo-p-
dioxins)
PeCDFs (All NA 0.000035 0.001
Pentachlorodibenzofurans)
Pentachloroethane 76-01-7 0.055 6.0
Pentachloronitrobenzene 82-68-8 0.055 4.8
Pentachlorophenol 87-86-5 0.089 7.4
Phenacetin 62-44-2 0.081 16
Phenanthrene 85-01-8 0.059 5.6
Phenol 108-95-2 0.039 6.2
1,3-Phenylenediamine 108-45-2 0.010 0.66
Phorate 298-02-2 0.021 4.6
Phthalic acid 100-21-0 0.055 28
Phthalic anhydride 85-44-9 0.055 28
Pronamide 23950-58-5 0.093 1.5
Pyrene 129-00-0 0.067 8.2
Pyridine 110-86-1 0.014 16
Safrole 94-59-7 0.081 22
Silvex/2,4,5-TP 93-72-1 0.72 7.9
1,2,4,5- 95-94-3 0.055 14
Tetrachlorobenzene
TCDDs (All NA 0.000063 0.001
Tetrachlorodibenzo-p-
dioxins)
TCDFs (All NA 0.000063 0.001
Tetrachlorodibenzofurans)
1,1,1,2- 630-20-6 0.057 6.0
Tetrachloroethane
1,1,2,2- 79-34-5 0.057 6.0
Tetrachloroethane
Tetrachloroethylene 127-18-4 0.056 6.0
2,3,4,6- 58-90-2 0.030 7.4
Tetrachlorophenol
Toluene 108-88-3 0.080 10
Toxaphene 8001-35-2 0.0095 2.6
Tribromomethane/ 75-25-2 0.63 15
Bromoform
1,2,4-Trichlorobenzene 120-82-1 0.055 19
1,1,1-Trichloroethane 71-55-6 0.054 6.0
1,1,2-Trichloroethane 79-00-5 0.054 6.0
Trichloroethylene 79-01-6 0.054 6.0
Trichlorofluoromethane 75-69-4 0.020 30
2,4,5-Trichlorophenol 95-95-4 0.18 7.4
2,4,6-Trichlorophenol 88-06-2 0.035 7.4
2,4,5- 93-76-5 0.72 7.9
Trichlorophenoxyacetic
acid/2,4,5-T
1,2,3-Trichloropropane 96-18-4 0.85 30
1,1,2-Trichloro-1,2,2- 76-13-1 0.057 30
trifluoroethane
tris-(2,3-Dibromopropyl) 126-72-7 0.11 0.10
phosphate
Vinyl chloride 75-01-4 0.27 6.0
Xylenes-mixed isomers 1330-20-7 0.32 30
(sum of o-, m-, and
p-xylene concentrations)
Inorganic Constituents
Antimony 7440-36-0 1.9 1.15 mg/l
TCLP
Arsenic 7440-38-2 1.4 5.0 mg/l
TCLP
Barium 7440-39-3 1.2 21 mg/l
TCLP
Beryllium 7440-41-7 0.82 1.22 mg/l
TCLP
Cadmium 7440-43-9 0.69 0.11 mg/l
TCLP
Chromium (Total) 7440-47-3 2.77 0.60 mg/l
TCLP
Cyanides (Total) 4 57-12-5 1.2 590
Cyanides (Amenable) 4 57-12-5 0.86 30
Fluoride 5 16984-48-8 35 NA
Lead 7439-92-1 0.69 0.75 mg/l
TCLP
Mercury---Nonwastewater 7439-97-6 NA 0.20 mg/l
TCLP
from Retort
Mercury-All Others 7439-97-6 0.15 0.025 mg/l
TCLP
Nickel 7440-02-0 3.98 11 mg/l
TCLP
Selenium 7 7782-49-2 0.82 5.7 mg/l
TCLP
Silver 7440-22-4 0.43 0.14 mg/l
TCLP
Sulfide 5 18496-25-8 14 NA
Thallium 7440-28-0 1.4 0.20 mg/l
TCLP
Vanadium 5 7440-62-2 4.3 1.6 mg/l
TCLP
Zinc 5 7440-66-6 2.61 4.3 mg/l
TCLP
Footnotes to Table UTS
1 CAS means Chemical Abstract Services. When the waste
code and/or regulated constituents are described as a
combination of a chemical with it's salts and/or esters,
the CAS number is given for the parent compound only.
2 Concentration standards for wastewaters are expressed
in mg/l and are based on analysis of composite samples.
3 Except for Metals (EP or TCLP) and Cyanides (Total and
Amenable) the nonwastewater treatment standards expressed
as a concentration were established, inpart, based upon
incineration in units operated in accordance with the
technical requirements of Sections R315-264-340 through
351 or 40 CFR 265.340 through 352, which are adopted by
reference, or based upon combustion in fuel substitution
units operating in accordance with applicable technical
requirements. A facility may comply with these treatment
standards according to provisions in Subsection R315-268-40(d).
All concentration standards for nonwastewaters are based on
analysis of grab samples.
4 Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters
are to be analyzed using Method 9010C or 9012B, found in "Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods,"
EPA Publication SW-846, as incorporated by reference in Section
R315-260-11, with a sample size of 10 grams and a distillation
time of one hour and 15 minutes.
5 These constituents are not "underlying hazardous constituents"
in characteristic wastes, according to the definition at Subsection
R315-268-2(i).
6 Reserved
7 This constituent is not an underlying hazardous constituent as
defined at Subsection R315-268-2(i) because its UTS level is
greater than its TC level, thus a treatment selenium waste would
always be characteristically hazardous, unless it is treated to
below its characteristic level.
8 This standard is temporarily deferred for soil exhibiting a
hazardous characteristic due to D004-D011 only.R315-268-49. Land Disposal Restrictions -- Alternative LDR Treatment Standards for Contaminated Soil.
(a) Applicability. You shall comply with LDRs prior to placing soil that exhibits a characteristic of hazardous waste, or exhibited a characteristic of hazardous waste at the time it was generated, into a land disposal unit. The following chart describes whether you shall comply with LDRs prior to placing soil contaminated by listed hazardous waste into a land disposal unit:
Table
If LDRs And if LDRs And if Then
you
Applied to the Apply to the Shall
listed waste listed waste comply
when it now with
contaminated LDRs.
the soil*
Didn't apply Apply to the The soil is determined Shall
to the listed listed waste to contain the listed comply
waste when it now waste when the soil with
contaminated is first generated LDRs.
the soil*
Didn't apply Apply to the The soil is determined Need
to the listed listed waste not to contain the not
waste when it now listed waste when the comply
contaminated soil is first generated with
the soil* LDRs.
Didn't apply Don't apply Need
to the listed to the listed not
waste when it waste now comply
contaminated with
the soil* LDRs.
*For dates of LDR applicability, see Rule R315-268 Appendix VII.
To determine the date any given listed hazardous waste
contaminated any given volume of soil, use the last date any
given listed hazardous waste was placed into any given land
disposal unit or, in the case of an accidental spill, the date
of the spill.(b) Prior to land disposal, contaminated soil identified by Subsection R315-268-49(a) as needing to comply with LDRs shall be treated according to the applicable treatment standards specified in Subsection R315-268-49(c) or according to the Universal Treatment Standards specified in Section R315-268-48 applicable to the contaminating listed hazardous waste and/or the applicable characteristic of hazardous waste if the soil is characteristic. The treatment standards specified in Subsection R315-268-49(c) and the Universal Treatment Standards may be modified through a treatment variance approved in accordance with Section R315-268-44.
(c) Treatment standards for contaminated soils. Prior to land disposal, contaminated soil identified by Subsection R315-268-49(a) as needing to comply with LDRs shall be treated according to all the standards specified in Subsection R315-268-49(c) or according to the Universal Treatment Standards specified in Section R315-268-48.
(1) All soils. Prior to land disposal, all constituents subject to treatment shall be treated as follows:
(A) For non-metals except carbon disulfide, cyclohexanone, and methanol, treatment shall achieve 90 percent reduction in total constituent concentrations, except as provided by Subsection R315-268-49(c)(1)(C).
(B) For metals and carbon disulfide, cyclohexanone, and methanol, treatment shall achieve 90 percent reduction in constituent concentrations as measured in leachate from the treated media, tested according to the TCLP, or 90 percent reduction in total constituent concentrations, when a metal removal treatment technology is used, except as provided by Subsection R315-268-49(c)(1)(C).
(C) When treatment of any constituent subject to treatment to a 90 percent reduction standard would result in a concentration less than 10 times the Universal Treatment Standard for that constituent, treatment to achieve constituent concentrations less than 10 times the universal treatment standard is not required. Universal Treatment Standards are identified in Section R315-268-48 Table UTS.
(2) Soils that exhibit the characteristic of ignitability, corrosivity or reactivity. In addition to the treatment required by Subsection R315-268-49(c)(1), prior to land disposal, soils that exhibit the characteristic of ignitability, corrosivity, or reactivity shall be treated to eliminate these characteristics.
(3) Soils that contain nonanalyzable constituents. In addition to the treatment requirements of Subsections R315-268-49(c)(1) and (2), prior to land disposal, the following treatment is required for soils that contain nonanalyzable constituents:
(A) For soil that contains only analyzable and nonanalyzable organic constituents, treatment of the analyzable organic constituents to the levels specified in Subsections R315-268-49(c)(1) and (2); or,
(B) For soil that contains only nonanalyzable constituents, treatment by the method(s) specified in Section R315-268-42 for the waste contained in the soil.
(d) Constituents subject to treatment. When applying the soil treatment standards in Subsection R315-268-49(c), constituents subject to treatment are any constituents listed in Section R315-268-48 Table UTS-Universal Treatment Standards that are reasonably expected to be present in any given volume of contaminated soil, except fluoride, selenium, sulfides, vanadium, zinc, and that are present at concentrations greater than ten times the universal treatment standard. PCBs are not constituent subject to treatment in any given volume of soil which exhibits the toxicity characteristic solely because of the presence of metals.
(e) Management of treatment residuals. Treatment residuals from treating contaminated soil identified by Subsection R315-268-49(a) as needing to comply with LDRs shall be managed as follows:
(1) Soil residuals are subject to the treatment standards of Section R315-268-49;
(2) Non-soil residuals are subject to:
(A) For soils contaminated by listed hazardous waste, the hazardous waste standards applicable to the listed hazardous waste; and
(B) For soils that exhibit a characteristic of hazardous waste, if the non-soil residual also exhibits a characteristic of hazardous waste, the treatment standards applicable to the characteristic hazardous waste.
R315-268-50. Land Disposal Restrictions -- Prohibitions on Storage of Restricted Wastes.
(a) Except as provided in Section R315-268-50, the storage of hazardous wastes restricted from land disposal under Sections R315-268-20 through 39 is prohibited, unless the following conditions are met:
(1) A generator stores such wastes in tanks, containers, or containment buildings on-site solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and the generator complies with the requirements in Section R315-262-34 and Rules R315-264 and 265.
(2) An owner/operator of a hazardous waste treatment, storage, or disposal facility stores such wastes in tanks, containers, or containment buildings solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and:
(i) Each container is clearly marked to identify its contents and the date each period of accumulation begins;
(ii) Each tank is clearly marked with a description of its contents, the quantity of each hazardous waste received, and the date each period of accumulation begins, or such information for each tank is recorded and maintained in the operating record at that facility. Regardless of whether the tank itself is marked, an owner/operator shall comply with the operating record requirements specified in Section R315-264-73 or 40 CFR 265.73, which are adopted by reference.
(3) A transporter stores manifested shipments of such wastes at a transfer facility for 10 days or less.
(b) An owner/operator of a treatment, storage or disposal facility may store such wastes for up to one year unless the Director can demonstrate that such storage was not solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal.
(c) An owner/operator of a treatment, storage or disposal facility may store such wastes beyond one year; however, the owner/operator bears the burden of proving that such storage was solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal.
(d) If a generator's waste is exempt from a prohibition on the type of land disposal utilized for the waste, for example, because of an approved case-by-case extension under Section R315-268-5, an approved Section R315-268-6 petition, or a national capacity variance under Sections R315-268-20 through 39, the prohibition in Subsection R315-268-50(a) does not apply during the period of such exemption.
(e) The prohibition in Subsection R315-268-50(a) does not apply to hazardous wastes that meet the treatment standards specified under Sections R315-268-41, 42, and 43 or the treatment standards specified under the variance in Section R315-268-44, or, where treatment standards have not been specified, is in compliance with the applicable prohibitions specified in Section R315-268-32 or RCRA section 3004.
(f) Liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 50 ppm shall be stored at a facility that meets the requirements of 40 CFR 761.65(b) and shall be removed from storage and treated or disposed as required by Rule R315-268 within one year of the date when such wastes are first placed into storage. The provisions of Subsection R315-268-50(c) do not apply to such PCB wastes prohibited under Section R315-268-32.
(g) The prohibition and requirements in Section R315-268-50 do not apply to hazardous remediation wastes stored in a staging pile approved pursuant to Section R315-264-554.
R315-268-51. Appendix III to Rule R315-268 - List of Halogenated Organic Compounds Regulated Under Section R315-268-32.
In determining the concentration of HOCs in a hazardous waste for purposes of the Section R315-268-32 land disposal prohibition, the Director has defined the HOCs that shall be included in a calculation as any compounds having a carbon-halogen bond which are listed in this Appendix, see Section R315-268-2. Appendix III to Rule R315-268 consists of the following compounds:
I. Volatiles
1. Bromodichloromethane
2. Bromomethane
3. Carbon Tetrachloride
4. Chlorobenzene
5. 2-Chloro-1,3-butadiene
6. Chlorodibromomethane
7. Chloroethane
8. 2-Chloroethyl vinyl ether
9. Chloroform
10. Chloromethane
11. 3-Chloropropene
12. 1,2-Dibromo-3-chloropropane
13. 1,2-Dibromomethane
14. Dibromomethane
15. Trans-1,4-Dichloro-2---butene
16. Dichlorodifluoromethane
17. 1,1-Dichloroethane
18. 1,2-Dichloroethane
19. 1,1-Dichloroethylene
20. Trans-1,2-Dichloroethene
21. 1,2-Dichloropropane
22. Trans-1,3-Dichloropropene
23. cis-1,3-Dichloropropene
24. Iodomethane
25. Methylene chloride
26. 1,1,1,2-Tetrachloroethane
27. 1,1,2,2-Tetrachloroethane
28. Tetrachloroethene
29. Tribromomethane
30. 1,1,1-Trichloroethane
31. 1,1,2-Trichloroethane
32. Trichlorothene
33. Trichloromonofluoromethane
34. 1,2,3-Thrichloropropane
35. Vinyl Chloride
II. Semivolatiles
1. Bis(2-chloroethoxy)ethane
2. Bis(2-chloroethyl)ether
3. Bis(2-chloroisopropyl)ether
4. p-Chloroaniline
5. Chlorobenzilate
6. p-Chloro-m-cresol
7. 2-Chloronaphthalene
8. 2-Chlorphenol
9. 3-Chloropropionitrile
10. m-Dichlorobenzene
11. o-Dichlorobenzene
12. p-Dichlorobenzene
13. 3.3′-Dichlorobenzidine
14. 2,4-Dichlorophenol
15. 2,6-Dichlorophenol
16. Hexachlorobenzene
17. Hexachlorobutadiene
18. Hexachlorocyclopentadiene
19. Hexachloroethane
20. Hexachloroprophene
21. Hexachlorpropene
22. 4,4′-Methylenebis(2-chloroanaline)
23. Pentachlorobenzene
24. Pentachloroethane
25. Pentachloronitrobenzene
26. Pentachlorophenol
27. Pronamide
28. 1,2,4,5-Tetrachlorobenzene
29. 2,3,4,6-Tetrachlorophenol
30. 1,2,4-Trichlorobenzene
31. 2,4,5-Trichlorophenol
32. 2,4,6-Trichlorophenol
33. Tris(2,3-dibromopropyl)phosphate
III. Organochlorine Pesticides
1. Aldrin
2. alpha-BHC
3. beta-BHC
4. delta-BHC
5. gamma-BHC
6. Chlorodane
7. DDD
8. DDE
9. DDT
10. Dieldrin
11. Endosulfan I
12. Endosulfan II
13. Endrin
14. Endrin aldehyde
15. Heptachlor
16. Heptachlor epoxide
17. Isodrin
18. Kepone
19. Methoxyclor
20. Toxaphene
IV. Phenoxyacetic Acid Herbicides
1. 2,4-Dichlorophenoxyacetic acid
2. Silvex
3. 2,4,5-T
V. PCBs
1. Aroclor 1016
2. Aroclor 1221
3. Aroclor 1232
4. Aroclor 1242
5. Aroclor 1248
6. Aroclor 1254
7. Aroclor 1260
8. PCBs not otherwise specified
VI. Dioxins and Furans
1. Hexachlorodibenzo-p-dioxins
2. Hexachlorodibenzofuran
3. Pentachlorodibenzo-p-dioxins
4. Pentachlorodibenzofuran
5. Tetrachlorodibenzo-p-dioxins
6. Tetrachlorodibenzofuran
7. 2,3,7,8-Tetrachlorodibenzo-p-dioxin
R315-268-52. Appendix IV to Rule R315-268 - Wastes Excluded from Lab Packs Under the Alternative Treatment Standards of Subsection R315-268-42(c).
Hazardous waste with the following EPA Hazardous Waste Codes may not be placed in lab packs under the alternative lab pack treatment standards of Subsection R315-268-42(c): D009, F019, K003, K004, K005, K006, K062, K071, K100, K106, P010, P011, P012, P076, P078, U134, U151.
R315-268-53. Appendix VI to Rule R315-268 - Recommended Technologies to Achieve Deactivation of Characteristics in Section R315-268-42.
The treatment standard for many characteristic wastes is stated in the Section R315-268-40 Table of Treatment Standards as "Deactivation and meet UTS." The Director has determined that many technologies, when used alone or in combination, can achieve the deactivation portion of the treatment standard. Characteristic wastes that are not managed in a facility regulated by the Clean Water Act (CWA) or in a CWA-equivalent facility, and that also contain underlying hazardous constituents, see Subsection R315-268-2(i), shall be treated not only by a "deactivating" technology to remove the characteristic, but also to achieve the universal treatment standards (UTS) for underlying hazardous constituents. The following appendix presents a partial list of technologies, utilizing the five letter technology codes established in Section R315-268-42 Table 1, that may be useful in meeting the treatment standard. Use of these specific technologies is not mandatory and does not preclude direct reuse, recovery, and/or the use of other pretreatment technologies, provided deactivation is achieved and underlying hazardous constituents are treated to achieve the UTS.
Table
Waste code/subcategory Nonwastewaters Wastewaters
D001 Ignitable Liquids based on RORGS n.a.
R315-261-21(a)(1)-Low TOC INCIN
Nonwastewater Subcategory, WETOX
containing 1% to <10% TOC CHOXD
BIODG
D001 Ignitable Liquids based n.a. RORGS
on Subsection R315-261-21(a)(1) INCIN
-Ignitable Wastewater WETOX
Subcategory, containing <1% TOC CHOXD
BIODG
D001 Compressed Gases based RCGAS n.a.
on Subsection INCIN
R315-261-21(A)(3) FSUBS
ADGAS fb. INCIN
ADGAS fb. (CHOXD;
or CHRED)
D001 Ignitable Reactives WTRRX n.a.
based on CHOXD
Subsection R315-261-21(a)(2) CHRED
STABL
INCIN
D001 Ignitable Oxidizers CHRED CHRED
based on INCIN INCIN
Subsection R315-261-21(a)(4)
D002 Acid Subcategory RCORR NEUTR
based on NEUTR INCIN
Subsection R315-261-22(a)(1) INCIN
with pH less than or equal
to 2
D002 Alkaline Subcategory NEUTR NEUTR
based on INCIN INCIN
Subsection R315-261-22(a)(1)
with pH greater than or equal
to 12.5
D002 Other Corrosives based on CHOXD CHOXD
Subsection R315-261-22(a)(2) CHRED CHRED
INCIN INCIN
STABL
D003 Water Reactives based on INCIN n.a.
Subsections R315-268-23(a)(2), WTRRX
(3), and (4) CHOXD
CHRED
D003 Reactive Sulfides based CHOXD CHOXD
on Subsection R315-261-23(a)(5) CHRED CHRED
INCIN BIODG
STABL INCIN
D003 Explosives based on INCIN INCIN
Subsection R315-261-23(a)(6), CHOXD CHOXD
(7), and (8) CHRED CHRED
D003 Other Reactives based on INCIN INCIN
Subsection R315-261-23(a)(1) CHOXD CHOXD
CHRED CHRED
BIODG
CARBN
K044 Wastewater treatment CHOXD CHOXD
sludges from the manufacturing CHRED CHRED
and processing of explosives INCIN BIODG
CARBN
INCIN
K045 Spent carbon from the CHOXD CHOXD
treatment of wastewaters CHRED CHRED
containing explosives INCIN BIODG
CARBN
INCIN
K047 Pink/red water from TNT CHOXD CHOXD
operations CHRED CHRED
INCIN BIODG
CARBN
INCIN
Note: "n.a." stands for "not applicable"; "fb." stands for
"followed by".R315-268-54. Appendix VII to Rule R315-268 - LDR Effective Dates of Surface Disposed Prohibited Hazardous Wastes.
Table 1-Effective Dates of Surface Disposed Wastes, Non-Soil and Debris, Regulated in the LDRS a -- Comprehensive List
Waste Waste category Effective
Code date
D001 c All (except High TOC Aug. 9,
Ignitable Liquids) 1993.
D001 High TOC Ignitable Liquids, Aug. 8,
1990.
D002 c All Aug. 9,
1993.
D003 Newly identified surface-disposed May 26,
elemental phosphorus processing 2000
wastes.
D004 Newly identified D004 and mineral Aug. 24,
processing wastes 1998.
D004 Mixed radioactive/newly identified May 26,
D004 or mineral processing wastes 2000
D005 Newly identified D005 and mineral Aug. 24,
processing wastes 1998.
D005 Mixed radioactive/newly identified May 26,
D005 or mineral processing wastes 2000.
D006 Newly identified D006 and mineral Aug. 24,
processing wastes 1998.
D006 Mixed radioactive/newly identified May 26,
D006 or mineral processing wastes 2000.
D007 Newly identified D007 and mineral Aug. 24,
processing wastes 1998.
D007 Mixed radioactive/newly identified May 26,
D007 or mineral processing wastes 2000.
D008 Newly identified D008 and mineral Aug. 24,
processing waste 1998.
D008 Mixed radioactive/newly identified May 26,
D008 or mineral processing wastes, 2000.
D009 Newly identified D009 and mineral Aug. 24,
processing waste 1998.
D009 Mixed radioactive/newly identified May 26,
D009 or mineral processing wastes 2000.
D010 Newly identified D010 and mineral Aug. 24,
processing wastes 1998.
D010 Mixed radioactive/newly identified May 26,
D010 or mineral processing wastes 2000.
D011 Newly identified D011 and mineral Aug. 24,
processing wastes 1998.
D011 Mixed radioactive/newly identified May 26,
D011 or mineral processing wastes 2000.
D012 (that All Dec. 14,
exhibit the 1994
toxicity
characteristic
based on the
TCLP) d
D013 (that All Dec. 14,
exhibit the 1994
toxicity
characteristic
based on the
TCLP) d
D014 (that All Dec. 14,
exhibit the 1994
toxicity
characteristic
based on the
TCLP) d
D015 (that All Dec. 14,
exhibit the 1994
toxicity
characteristic
based on the
TCLP) d
D016 (that All Dec. 14,
exhibit the 1994
toxicity
characteristic
based on the
TCLP) d
D017 (that All Dec. 14,
exhibit the 1994
toxicity
characteristic
based on the
TCLP) d
D018 Mixed with radioactive wastes Sept. 19,
1996.
D018 All others Dec. 19,
1994.
D019 Mixed with radioactive wastes Sept. 19,
1996.
D019 All others Dec. 19,
1994.
D020 Mixed with radioactive wastes Sept. 19,
1996.
D020 All others Dec. 19,
1994.
D021 Mixed with radioactive wastes Sept. 19,
1996.
D021 All others Dec. 19,
1994.
D022 Mixed with radioactive wastes Sept. 19,
1996.
D022 All others Dec. 19,
1994.
D023 Mixed with radioactive wastes Sept. 19,
1996.
D023 All others Dec. 19,
1994.
D024 Mixed with radioactive wastes Sept. 19,
1996.
D024 All others Dec. 19,
1994.
D025 Mixed with radioactive wastes Sept. 19,
1996.
D025 All others Dec. 19,
1994.
D026 Mixed with radioactive wastes Sept. 19,
1996.
D026 All others Dec. 19,
1994.
D027 Mixed with radioactive wastes Sept. 19,
1996.
D027 All others Dec. 19,
1994.
D028 Mixed with radioactive wastes Sept. 19,
1996.
D028 All others Dec. 19,
1994.
D029 Mixed with radioactive wastes Sept. 19,
1996.
D029 All others Dec. 19,
1994.
D030 Mixed with radioactive wastes Sept. 19,
1996.
D030 All others Dec. 19,
1994.
D031 Mixed with radioactive wastes Sept. 19,
1996.
D031 All others Dec. 19,
1994.
D032 Mixed with radioactive wastes Sept. 19,
1996.
D032 All others Dec. 19,
1994.
D033 Mixed with radioactive wastes Sept. 19,
1996.
D033 All others Dec. 19,
1994.
D034 Mixed with radioactive wastes Sept. 19,
1996.
D034 All others Dec. 19,
1994.
D035 Mixed with radioactive wastes Sept. 19,
1996.
D035 All others Dec. 19,
1994.
D036 Mixed with radioactive wastes Sept. 19,
1996.
D036 All others Dec. 19,
1994.
D037 Mixed with radioactive wastes Sept. 19,
1996.
D037 All others Dec. 19,
1994.
D038 Mixed with radioactive wastes Sept. 19,
1996.
D038 All others Dec. 19,
1994.
D039 Mixed with radioactive wastes Sept. 19,
1996.
D039 All others Dec. 19,
1994.
D040 Mixed with radioactive wastes Sept. 19,
1996.
D040 All others Dec. 19,
1994.
D041 Mixed with radioactive wastes Sept. 19,
1996.
D041 All others Dec. 19,
1994.
D042 Mixed with radioactive wastes Sept. 19,
1996.
D042 All others Dec. 19,
1994.
D043 Mixed with radioactive wastes Sept. 19,
1996.
D043 All others Dec. 19,
1994.
F001 Small quantity generators, CERCLA Nov. 8,
response/RCRA corrective action, 1988
initial generator's solvent-water
mixtures, solvent-containing
sludges and solids.
F001 All others Nov. 8,
1986.
F002 (1,1,2- Wastewater and Nonwastewater Aug. 8,
trichloroethane) 1990.
F002 Small quantity generators, CERCLA Nov. 8,
response/RCRA corrective action, 1988
initial generator's solvent-water
mixtures, solvent-containing sludges
and solids
F002 All others Nov. 8,
1986.
F003 Small quantity generators, CERCLA Nov. 8,
response/RCRA corrective action, 1988.
initial generator's solvent-water
mixtures, solvent-containing sludges
and solids,
F003 All others Nov. 8,
1986.
F004 Small quantity generators, CERCLA Nov. 8,
response/RCRA corrective action, 1988.
initial generator's solvent-water
mixtures, solvent-containing sludges
and solids
F004 All others Nov. 8,
1986.
F005 (benzene, Wastewater and Nonwastewater Aug. 8,
2-ethoxy 1990.
ethanol,
2-nitropropane)
F005 Small quantity generators, CERCLA Nov. 8,
response/RCRA corrective action, 1988.
initial generator's solvent-water
mixtures, solvent-containing sludges
and solids
F005 All others Nov. 8,
1986.
F006 Wastewater Aug. 8,
1990.
F006 Nonwastewater Aug. 8,
1988.
F006 Nonwastewater July 8,
(cyanides) 1989.
F007 All July 8,
1989.
F008 All July 8,
1989.
F009 All July 8,
1989.
F010 All July 8,
1989.
F011 Nonwastewater Dec. 8,
(cyanides) 1989.
F011 All others July 8,
1989.
F012 Nonwastewater Dec. 8,
(cyanides) 1989.
F012 All others July 8,
1989.
F019 All Aug. 8,
1990.
F020 All Aug. 8,
1988.
F021 All Aug. 8,
1988.
F025 All Aug. 8,
1990.
F026 All Aug. 8,
1988.
F027 All Aug. 8,
1988.
F028 All Aug. 8,
1988.
F032 Mixed with radioactive wastes May 12,
1999
F032 All others Aug. 12,
1997.
F034 Mixed with radioactive wastes May 12,
1999
F034 All others Aug. 12,
1997.
F035 Mixed with radioactive wastes May 12,
1999.
F035 All others Aug. 12,
1997.
F037 Not generated from surface June 30,
impoundment cleanouts or closures 1993.
F037 Generated from surface impoundment June 30,
cleanouts or closures 1994.
F037 Mixed with radioactive wastes June 30,
1994.
F038 Not generated from surface June 30,
impoundment cleanouts or closures 1993.
F038 Mixed with radioactive wastes June 30,
1994.
F038 Mixed with radioactive wastes June 30,
1994.
F039 Wastewater Aug. 8,
1990.
F039 Nonwastewater May 8,
1992.
K001 All Aug. 8,
(organics) b 1988.
K001 All others Aug. 8,
1988.
K002 All Aug.8,
1990.
K003 All Aug. 8,
1990.
K004 Wastewater Aug. 8,
1990.
K004 Nonwastewater Aug. 8,
1988.
K005 Wastewater Aug. 8,
1990.
K005 Nonwastewater June 8,
1989.
K006 All Aug. 8,
1990.
K007 Wastewater Aug. 8,
1990.
K007 Nonwastewater June 8,
1989.
K008 Wastewater Aug. 8,
1990.
K008 Nonwastewater Aug. 8,
1988.
K009 All June 8,
1989.
K010 All June 8,
1989.
K011 Wastewater Aug. 8,
1990.
K011 Nonwastewater June 8,
1989.
K013 Wastewater Aug. 8,
1990.
K013 Nonwastewater June 8,
1989.
K014 Wastewater Aug. 8,
1990.
K014 Nonwastewater June 8,
1989.
K015 Wastewater Aug. 8,
1990.
K015 Nonwastewater Aug. 8,
1990.
K016 All Aug. 8,
1988.
K017 All Aug. 8,
1990.
K018 All Aug. 8,
1988.
K019 All Aug. 8,
1988.
K020 All Aug. 8,
1988.
K021 Wastewater Aug. 8,
1990.
K021 Nonwastewater Aug. 8,
1988.
K022 Wastewater Aug. 8,
1990.
K022 Nonwastewater Aug. 8,
1988.
K023 All June 8,
1989.
K024 All Aug. 8,
1988.
K025 Wastewater Aug. 8,
1990.
K025 Nonwastewater Aug. 8,
1988.
K026 All Aug. 8,
1990.
K027 All June 8,
1989.
K028 (metals) Nonwastewater Aug. 8,
1990.
K028 All others June 8,
1989.
K029 Wastewater Aug. 8,
1990.
K029 Nonwastewater June 8,
1989.
K030 All Aug. 8,
1988.
K031 Wastewater Aug. 8,
1990.
K031 Nonwastewater May 8,
1992.
K032 All Aug. 8,
1990.
K033 All Aug. 8,
1990.
K034 All Aug. 8,
1990.
K035 All Aug. 8,
1990.
K036 Wastewater Aug. 8,
1990.
K036 Nonwastewater Aug. 8,
1988.
K037 b Wastewater Aug. 8,
1988.
K037 Nonwastewater Aug. 8,
1988.
K038 All June 8,
1989.
K039 All June 8,
1989.
K040 All June 8,
1989.
K041 All Aug. 8,
1990.
K042 All Aug. 8,
1990.
K043 All June 8,
1989.
K044 All Aug. 8,
1988.
K045 All Aug. 8,
1988.
K046 Nonwastewater Aug. 8,
(Nonreactive) 1988.
K046 All others Aug. 8,
1990.
K047 All Aug. 8,
1988.
K048 Wastewater Aug. 8,
1990.
K048 Nonwastewater Nov. 8,
1990.
K049 Wastewater Aug. 8,
1990.
K049 Nonwastewater Nov. 8,
1990.
K050 Wastewater Aug. 8,
1990.
K050 Nonwastewater Nov. 8,
1990.
K051 Wastewater Aug. 8,
1990.
K051 Nonwastewater Nov. 8,
1990.
K052 Wastewater Aug. 8,
1990.
K052 Nonwastewater Nov. 8,
1990.
K060 Wastewater Aug. 8,
1990.
K060 Nonwastewater Aug. 8,
1988.
K061 Wastewater Aug. 8,
1990.
K061 Nonwastewater June 30,
1992.
K062 All Aug. 8,
1988.
K069 (Non- Nonwastewater Aug. 8,
Calcium 1988.
Sulfate)
K069 All others Aug. 8,
1990.
K071 All Aug. 8,
1990.
K073 All Aug. 8,
1990.
K083 All Aug. 8,
1990.
K084 Wastewater Aug. 8,
1990.
K084 Nonwastewater May 8,
1992.
K085 All Aug. 8,
1990.
K086 All Aug. 8,
(organics) b 1988.
K086 All others Aug. 8,
1988.
K087 All Aug. 8,
1988.
K088 All others Oct. 8,
1997.
K088 All others Jan. 8,
1997.
K093 All June 8,
1989.
K094 All June 8,
1989.
K095 Wastewater Aug. 8,
1990.
K095 Nonwastewater June 8,
1989.
K096 Wastewater Aug. 8,
1990.
K096 Nonwastewater June 8,
1989.
K097 All Aug. 8,
1990.
K098 All Aug. 8,
1990.
K099 All Aug. 8,
1988.
K100 Wastewater Aug. 8,
1990.
K100 Nonwastewater Aug. 8,
1988.
K101 Wastewater Aug. 8,
(organics) 1988.
K101 (metals) Wastewater Aug. 8,
1990.
K101 Nonwastewater Aug. 8,
(organics) 1988.
K101 (metals) Nonwastewater May 8,
1992.
K102 Wastewater Aug. 8,
(organics) 1988.
K102 (metals) Wastewater Aug. 8,
1990.
K102 Nonwastewater Aug. 8,
(organics) 1988.
K102 (metals) Nonwastewater May 8,
1992.
K103 All Aug. 8,
1988.
K104 All Aug. 8,
1988.
K105 All Aug. 8,
1990.
K106 Wastewater Aug. 8,
1990.
K106 Nonwastewater May 8,
1992.
K107 Mixed with radioactive wastes June 30,
1994.
K107 All others Nov. 9,
1992.
K108 Mixed with radioactive wastes June 30,
1994.
K108 All others Nov. 9,
1992.
K109 Mixed with radioactive wastes June 30,
1994.
K109 All others Nov. 9,
1992.
K110 Mixed with radioactive wastes June 30,
1994.
K110 All others Nov. 9,
1992.
K111 Mixed with radioactive wastes June 30,
1994.
K111 All others Nov. 9,
1992.
K112 Mixed with radioactive wastes June 30,
1994.
K112 All others Nov. 9,
1992.
K113 All June 8,
1989.
K114 All June 8,
1989.
K115 All June 8,
1989.
K116 All June 8,
1989.
K117 Mixed with radioactive wastes June 30,
1994.
K117 All others Nov. 9,
1992.
K118 Mixed with radioactive wastes June 30,
1994.
K118 All others Nov. 9,
1992.
K123 Mixed with radioactive wastes June 30,
1994.
K123 All others Nov. 9,
1992.
K124 Mixed with radioactive wastes June 30,
1994.
K124 All others Nov. 9,
1992.
K125 Mixed with radioactive wastes June 30,
1994.
K125 All others Nov. 9,
1992.
K126 Mixed with radioactive wastes June 30,
1994.
K126 All others Nov. 9,
1992.
K131 Mixed with radioactive wastes June 30,
1994.
K131 All others Nov. 9,
1992.
K132 Mixed with radioactive wastes June 30,
1994.
K132 All others Nov. 9,
1992.
K136 Mixed with radioactive wastes June 30,
1994.
K136 All others Nov. 9,
1992.
K141 Mixed with radioactive wastes Sep. 19,
1996.
K141 All others Dec. 19,
1994.
K142 Mixed with radioactive wastes Sep. 19,
1996.
K142 All others Dec. 19,
1994.
K143 Mixed with radioactive wastes Sep. 19,
1996.
K143 All others Dec. 19,
1994.
K144 Mixed with radioactive wastes Sep. 19,
1996.
K144 All others Dec. 19,
1994.
K145 Mixed with radioactive wastes Sep. 19,
1996.
K145 All others Dec. 19,
1994.
K147 Mixed with radioactive wastes Sep. 19,
1996.
K147 All others Dec. 19,
1994.
K148 Mixed with radioactive wastes Sep. 19,
1996.
K148 All others Dec. 19,
1994.
K149 Mixed with radioactive wastes Sep. 19,
1996.
K149 All others Dec. 19,
1994.
K150 Mixed with radioactive wastes Sep. 19,
1996.
K150 All others Dec. 19,
1994.
K151 Mixed with radioactive wastes Sep. 19,
1996.
K151 All others Dec. 19,
1994.
K156 Mixed with radioactive wastes Apr. 8,
1998.
K156 All others July 8,
1996.
K157 Mixed with radioactive wastes Apr. 8,
1998.
K157 All others July 8,
1996.
K158 Mixed with radioactive wastes Apr. 8,
1998.
K158 All others July 8,
1996.
K159 Mixed with radioactive wastes Apr. 8,
1998.
K159 All others July 8,
1996.
K160 Mixed with radioactive wastes Apr. 8,
1998.
K160 All others July 8,
1996.
K161 Mixed with radioactive wastes Apr. 8,
1998.
K161 All others July 8,
1996.
P001 All Aug. 8,
1990.
P002 All Aug. 8,
1990.
P003 All Aug. 8,
1990.
P004 All Aug. 8,
1990.
P005 All Aug. 8,
1990.
P006 All Aug. 8,
1990.
P007 All Aug. 8,
1990.
P008 All Aug. 8,
1990.
P009 All Aug. 8,
1990.
P010 Wastewater Aug. 8,
1990.
P010 Nonwastewater May 8,
1992.
P011 Wastewater Aug. 8,
1990.
P011 Nonwastewater May 8,
1992.
P012 Wastewater Aug. 8,
1990.
P012 Nonwastewater May 8,
1992.
P013 (barium) Nonwastewater Aug. 8,
1990.
P013 All others June 8,
1989.
P014 All Aug. 8,
1990.
P015 All Aug. 8,
1990.
P016 All Aug. 8,
1990.
P017 All Aug. 8,
1990.
P018 All Aug. 8,
1990.
P020 All Aug. 8,
1990.
P021 All June 8,
1989.
P022 All Aug. 8,
1990.
P023 All Aug. 8,
1990.
P024 All Aug. 8,
1990.
P026 All Aug. 8,
1990.
P027 All Aug. 8,
1990.
P028 All Aug. 8,
1990.
P029 All June 8,
1989.
P030 All June 8,
1989.
P031 All Aug. 8,
1990.
P033 All Aug. 8,
1990.
P034 All Aug. 8,
1990.
P036 Wastewater Aug. 8,
1990.
P036 Nonwastewater May 8,
1992.
P037 All Aug. 8,
1990.
P038 Wastewater Aug. 8,
1990.
P038 Nonwastewater May 8,
1992.
P039 All June 8,
1989.
P040 All June 8,
1989.
P041 All June 8,
1989.
P042 All Aug. 8,
1990.
P043 All June 8,
1989.
P044 All June 8,
1989.
P045 All Aug. 8,
1990.
P046 All Aug. 8,
1990.
P047 All Aug. 8,
1990.
P048 All Aug. 8,
1990.
P049 All Aug. 8,
1990.
P050 All Aug. 8,
1990.
P051 All Aug. 8,
1990.
P054 All Aug. 8,
1990.
P056 All Aug. 8,
1990.
P057 All Aug. 8,
1990.
P058 All Aug. 8,
1990.
P059 All Aug. 8,
1990.
P060 All Aug. 8,
1990.
P062 All June 8,
1989.
P063 All June 8,
1989.
P064 All Aug. 8,
1990.
P065 Wastewater Aug. 8,
1990.
P065 Nonwastewater May 8,
1992.
P066 All Aug. 8,
1990.
P067 All Aug. 8,
1990.
P068 All Aug. 8,
1990.
P069 All Aug. 8,
1990.
P070 All Aug. 8,
1990.
P071 All June 8,
1989.
P072 All Aug. 8,
1990.
P073 All Aug. 8,
1990.
P074 All June 8,
1989.
P075 All Aug. 8,
1990.
P076 All Aug. 8,
1990.
P077 All Aug. 8,
1990.
P078 All Aug. 8,
1990.
P081 All Aug. 8,
1990.
P082 All Aug. 8,
1990.
P084 All Aug. 8,
1990.
P085 All June 8,
1989.
P087 All May 8,
1992.
P088 All Aug. 8,
1990.
P089 All June 8,
1989.
P092 Wastewater Aug. 8,
1990.
P092 Nonwastewater May 8,
1992.
P093 All Aug. 8,
1990.
P094 All June 8,
1989.
P095 All Aug. 8,
1990.
P096 All Aug. 8,
1990.
P097 All June 8,
1989.
P098 All June 8,
1989.
P099 (silver) Wastewater Aug. 8,
1990.
P099 All others June 8,
1989.
P101 All Aug. 8,
1990.
P102 All Aug. 8,
1990.
P103 All Aug. 8,
1990.
P104 (silver) Wastewater Aug. 8,
1990.
P104 All others June 8,
1989.
P105 All Aug. 8,
1990.
P106 All June 8,
1989.
P108 All Aug. 8,
1990.
P109 All June 8,
1989.
P110 All Aug. 8,
1990.
P111 All June 8,
1989.
P112 All Aug. 8,
1990.
P113 All Aug. 8,
1990.
P114 All Aug. 8,
1990.
P115 All Aug. 8,
1990.
P116 All Aug. 8,
1990.
P118 All Aug. 8,
1990.
P119 All Aug. 8,
1990.
P120 All Aug. 8,
1990.
P121 All June 8,
1989.
P122 All Aug. 8,
1990.
P123 All Aug. 8,
1990.
P127 Mixed with radioactive wastes Apr. 8,
1998.
P127 All others July 8,
1996.
P128 Mixed with radioactive wastes Apr. 8,
1998.
P128 All others July 8,
1996.
P185 Mixed with radioactive wastes Apr. 8,
1998.
P185 All others July 8,
1996.
P188 Mixed with radioactive wastes Apr. 8,
1998.
P188 All others July 8,
1996.
P189 Mixed with radioactive wastes Apr. 8,
1998.
P189 All others July 8,
1996.
P190 Mixed with radioactive wastes Apr. 8,
1998.
P190 All others July 8,
1996.
P191 Mixed with radioactive wastes Apr. 8,
1998.
P191 All others July 8,
1996.
P192 Mixed with radioactive wastes Apr. 8,
1998.
P192 All others July 8,
1996.
P194 Mixed with radioactive wastes Apr. 8,
1998.
P194 All others July 8,
1996.
P196 Mixed with radioactive wastes Apr. 8,
1998.
P196 All others July 8,
1996.
P197 Mixed with radioactive wastes Apr. 8,
1998.
P197 All others July 8,
1996.
P198 Mixed with radioactive wastes Apr. 8,
1998.
P198 All others July 8,
1996.
P199 Mixed with radioactive wastes Apr. 8,
1998.
P199 All others July 8,
1996.
P201 Mixed with radioactive wastes Apr. 8,
1998.
P201 All others July 8,
1996.
P202 Mixed with radioactive wastes Apr. 8,
1998.
P202 All others July 8,
1996.
P203 Mixed with radioactive wastes Apr. 8,
1998.
P203 All others July 8,
1996.
P204 Mixed with radioactive wastes Apr. 8,
1998.
P204 All others July 8,
1996.
P205 Mixed with radioactive wastes Apr. 8,
1998.
P205 All others July 8,
1996.
U001 All Aug. 8,
1990.
U002 All Aug. 8,
1990.
U003 All Aug. 8,
1990.
U004 All Aug. 8,
1990.
U005 All Aug. 8,
1990.
U006 All Aug. 8,
1990.
U007 All Aug. 8,
1990.
U008 All Aug. 8,
1990.
U009 All Aug. 8,
1990.
U010 All Aug. 8,
1990.
U011 All Aug. 8,
1990.
U012 All Aug. 8,
1990.
U014 All Aug. 8,
1990.
U015 All Aug. 8,
1990.
U016 All Aug. 8,
1990.
U017 All Aug. 8,
1990.
U018 All Aug. 8,
1990.
U019 All Aug. 8,
1990.
U020 All Aug. 8,
1990.
U021 All Aug. 8,
1990.
U022 All Aug. 8,
1990.
U023 All Aug. 8,
1990.
U024 All Aug. 8,
1990.
U025 All Aug. 8,
1990.
U026 All Aug. 8,
1990.
U027 All Aug. 8,
1990.
U028 All June 8,
1989.
U029 All Aug. 8,
1990.
U030 All Aug. 8,
1990.
U031 All Aug. 8,
1990.
U032 All Aug. 8,
1990.
U033 All Aug. 8,
1990.
U034 All Aug. 8,
1990.
U035 All Aug. 8,
1990.
U036 All Aug. 8,
1990.
U037 All Aug. 8,
1990.
U038 All Aug. 8,
1990.
U039 All Aug. 8,
1990.
U041 All Aug. 8,
1990.
U042 All Aug. 8,
1990.
U043 All Aug. 8,
1990.
U044 All Aug. 8,
1990.
U045 All Aug. 8,
1990.
U046 All Aug. 8,
1990.
U047 All Aug. 8,
1990.
U048 All Aug. 8,
1990.
U049 All Aug. 8,
1990.
U050 All Aug. 8,
1990.
U051 All Aug. 8,
1990.
U052 All Aug. 8,
1990.
U053 All Aug. 8,
1990.
U055 All Aug. 8,
1990.
U056 All Aug. 8,
1990.
U057 All Aug. 8,
1990.
U058 All June 8,
1989.
U059 All Aug. 8,
1990.
U060 All Aug. 8,
1990.
U061 All Aug. 8,
1990.
U062 All Aug. 8,
1990.
U063 All Aug. 8,
1990.
U064 All Aug. 8,
1990.
U066 All Aug. 8,
1990.
U067 All Aug. 8,
1990.
U068 All Aug. 8,
1990.
U069 All June 30,
1992.
U070 All Aug. 8,
1990.
U071 All Aug. 8,
1990.
U072 All Aug. 8,
1990.
U073 All Aug. 8,
1990.
U074 All Aug. 8,
1990.
U075 All Aug. 8,
1990.
U076 All Aug. 8,
1990.
U077 All Aug. 8,
1990.
U078 All Aug. 8,
1990.
U079 All Aug. 8,
1990.
U080 All Aug. 8,
1990.
U081 All Aug. 8,
1990.
U082 All Aug. 8,
1990.
U083 All Aug. 8,
1990.
U084 All Aug. 8,
1990.
U085 All Aug. 8,
1990.
U086 All Aug. 8,
1990.
U087 All June 8Table 2 -- Summary of Effective Dates of Land Disposal Restrictions for Contaminated Soil and Debris (CSD)
Restricted hazardous waste in CSD Effective
date
1. Solvent-(F001-F005) and dioxin-(F020-F023 Nov. 8,
and F026-F028) containing soil and debris from 1990.
CERCLA response or RCRA corrective actions
2. Soil and debris not from CERCLA response Nov. 8,
or RCRA corrective actions contaminated with 1988.
less than 1% total solvents (F001-F005) or
dioxins (F020-F023 and F026-F028)
3 All soil and debris contaminated with First Aug. 8,
Third wastes for which treatment standards are 1990.
based on incineration
4. All soil and debris contaminated with Second June 8,
Third wastes for which treatment standards are 1991.
based on incineration
5. All soil and debris contaminated with Third May 8,
Third wastes or, First or Second Third "soft 1992.
hammer" wastes which had treatment standards
promulgated in the Third Third rule, for which
treatment standards are based on incineration,
vitrification, or mercury retorting, acid
leaching followed by chemical precipitation, or
thermal recovery of metals; as well as all
inorganic solids debris contaminated with
D004-D011 wastes, and all soil and debris
contaminated with mixed RCRA/radioactive wastes
6. Soil and debris contaminated with D012-D043, Dec. 19,
K141-K145, and K147-151 wastes 1994.
7. Debris (only) contaminated with F037, F038, Dec. 19,
K107-K112, K117, K118, K123-K126, K131, K132,
K136, U328, U353, U359 1994.
8. Soil and debris contaminated with K156-K161, July 8,
P127, P128, P188-P192, P194, P196-P199, 1996.
P201-P205, U271, U277-U280, U364-U367, U372,
U373, U375-U379, U381-U387, U389-U396, U400-U404,
U407, and U409-U411 wastes
9. Soil and debris contaminated with K088 wastes Oct. 8,
1997.
10. Soil and debris contaminated with radioactive April 8,
wastes mixed with K088, K156-K161, P127, P128, 1998.
P188-P192, P194, P196-P199, P201-P205, U271,
U277-U280, U364-U367, U372, U373, U375-U379,
U381-U387, U389-U396, U400-U404, U407, and
U409-U411 wastes
11. Soil and debris contaminated with F032, May 12,
F034, and F035 1997.
12. Soil and debris contaminated with newly Aug. 24,
identified D004-D011 toxicity characteristic 1998.
wastes and mineral processing wastes.
13. Soil and debris contaminated with mixed May 26,
radioactive newly identified D004-D011 2000.
characteristic wastes and mineral processing
wastes.
Note: Appendix VII is provided for the convenience of the reader.R315-268-51. Appendix VIII to Rule R315-268 - LDR Effective Dates of Injected Prohibited Hazardous Wastes.
Table
National Capacity LDR Variances for UIC Wastes a
Waste code Waste category Effective
date
F001-F005 All spent F001-F005 solvent Aug. 8,
containing less than 1 percent 1990.
total F001-F005 solvent constituents
D001 (except All Feb. 10,
High TOC 1994.
Ignitable
Liquids
Subcategory) c
D001 (High Nonwastewater Sept. 19,
TOC 1995.
Ignitable
Characteristic
Liquids
Subcategory)
D002 b All May 8,
1992.
D002 c All Feb. 10,
1994.
D003 All May 8,
(cyanides) 1992.
D003 All May 8,
(sulfides) 1992.
D003 All May 8,
(explosives, 1992.
reactives)
D007 All May 8,
1992.
D009 Nonwastewater May 8,
1992.
D012 All Sept. 19,
1995.
D013 All Sept. 19,
1995.
D014 All Sept. 19,
1995.
D015 All Sept. 19,
1995.
D016 All Sept. 19,
1995.
D017 All Sept. 19,
1995.
D018 All, including mixed with Apr. 8,
radioactive wastes 1998.
D019 All, including mixed with Apr. 8,
radioactive wastes 1998.
D020 All, including mixed with Apr. 8,
radioactive wastes 1998.
D021 All, including mixed with Apr. 8,
radioactive wastes 1998.
D022 All, including mixed with Apr. 8,
radioactive wastes 1998.
D023 All, including mixed radioactive Apr. 8,
wastes 1998.
D024 All, including mixed radioactive Apr. 8,
wastes 1998.
D025 All, including mixed radioactive Apr. 8,
wastes 1998.
D026 All, including mixed radioactive Apr. 8,
wastes 1998.
D027 All, including mixed radioactive Apr. 8,
wastes 1998.
D028 All, including mixed radioactive Apr. 8,
wastes 1998.
D029 All, including mixed radioactive Apr. 8,
wastes 1998.
D030 All, including mixed radioactive Apr. 8,
wastes 1998.
D031 All, including mixed radioactive Apr. 8,
wastes 1998.
D032 All, including mixed radioactive Apr. 8,
wastes 1998.
D033 All, including mixed radioactive Apr. 8,
wastes 1998.
D034 All, including mixed radioactive Apr. 8,
wastes 1998.
D035 All, including mixed radioactive Apr. 8,
wastes 1998.
D036 All, including mixed radioactive Apr. 8,
wastes 1998.
D037 All, including mixed radioactive Apr. 8,
wastes 1998.
D038 All, including mixed radioactive Apr. 8,
wastes 1998.
D039 All, including mixed radioactive Apr. 8,
wastes 1998.
D040 All, including mixed radioactive Apr. 8,
wastes 1998.
D041 All, including mixed radioactive Apr. 8,
wastes 1998.
D042 All, including mixed radioactive Apr. 8,
wastes 1998.
D043 All, including mixed radioactive Apr. 8,
wastes 1998.
F007 All June 8,
1991.
F032 All, including mixed radioactive May 12,
wastes 1999.
F034 All, including mixed radioactive May 12,
wastes 1999.
F035 All, including mixed radioactive May 12,
wastes 1999.
F037 All Nov. 8,
1992.
F038 All Nov. 8,
1992.
F039 Wastewater May 8,
1992.
K009 Wastewater June 8,
1991.
K011 Nonwastewater June 8,
1991.
K011 Wastewater May 8,
1992.
K013 Nonwastewater June 8,
1991.
K013 Wastewater May 8,
1992.
K014 All May 8,
1992.
K016 (dilute) All June 8,
1991.
K049 All Aug. 8,
1990.
K050 All Aug. 8,
1990.
K051 All Aug. 8,
1990.
K052 All Aug. 8,
1990.
K062 All Aug. 8,
1990.
K071 All Aug. 8,
1990.
K088 All Jan. 8,
1997.
K104 All Aug. 8,
1990.
K107 All Nov. 8,
1992.
K108 All Nov. 9,
1992.
K109 All Nov. 9,
1992.
K110 All Nov. 9,
1992.
K111 All Nov. 9,
1992.
K112 All Nov. 9,
1992.
K117 All June 30,
1995.
K118 All June 30,
1995.
K123 All Nov. 9,
1992.
K124 All Nov. 9,
1992.
K125 All Nov. 9,
1992.
K126 All Nov. 9,
1992.
K131 All June 30,
1995.
K132 All June 30,
1995.
K136 All Nov. 9,
1992.
K141 All Dec. 19,
1994.
K142 All Dec. 19,
1994.
K143 All Dec. 19,
1994.
K144 All Dec. 19,
1994.
K145 All Dec. 19,
1994.
K147 All Dec. 19,
1994.
K148 All Dec. 19,
1994.
K149 All Dec. 19,
1994.
K150 All Dec. 19,
1994.
K151 All Dec. 19,
1994.
K156 All July 8,
1996.
K157 All July 8,
1996.
K158 All July 8,
1996.
K159 All July 8,
1996.
K160 All July 8,
1996.
K161 All July 8,
1996.
NA Newly identified mineral processing May 26,
wastes from titanium dioxide 2000.
production and mixed radioactive/
newly identified D004-D011
characteristic wastes and mineral
processing wastes.
P127 All July 8,
1996.
P128 All July 8,
1996.
P185 All July 8,
1996.
P188 All July 8,
1996.
P189 All July 8,
1996.
P190 All July 8,
1996.
P191 All July 8,
1996.
P192 All July 8,
1996.
P194 All July 8,
1996.
P196 All July 8,
1996.
P197 All July 8,
1996.
P198 All July 8,
1996.
P199 All July 8,
1996.
P201 All July 8,
1996.
P202 All July 8,
1996.
P203 All July 8,
1996.
P204 All July 8,
1996.
P205 All July 8,
1996.
U271 All July 8,
1996.
U277 All July 8,
1996.
U278 All July 8,
1996.
U279 All July 8,
1996.
U280 All July 8,
1996.
U328 All Nov. 9,
1992.
U353 All Nov. 9,
1992.
U359 All Nov. 9,
1992.
U364 All July 8,
1996.
U365 All July 8,
1996.
U366 All July 8,
1996.
U367 All July 8,
1996.
U372 All July 8,
1996.
U373 All July 8,
1996.
U375 All July 8,
1996.
U376 All July 8,
1996.
U377 All July 8,
1996.
U378 All July 8,
1996.
U379 All July 8,
1996.
U381 All July 8,
1996.
U382 All July 8,
1996.
U383 All July 8,
1996.
U384 All July 8,
1996.
U385 All July 8,
1996.
U386 All July 8,
1996.
U387 All July 8,
1996.
U389 All July 8,
1996.
U390 All July 8,
1996.
U391 All July 8,
1996.
U392 All July 8,
1996.
U395 All July 8,
1996.
U396 All July 8,
1996.
U400 All July 8,
1996.
U401 All July 8,
1996.
U402 All July 8,
1996.
U403 All July 8,
1996.
U404 All July 8,
1996.
U407 All July 8,
1996.
U409 All July 8,
1996.
U410 All July 8,
1996.
U411 All July 8,
1996.
aWastes that are deep well disposed on-site receive a
six-month variance, with restrictions effective in
November 1990.
bDeepwell injected D002 liquids with a pH less than 2 shall
meet the California List treatment standards on August 8, 1990.
cManaged in systems defined in 40 CFR 144.6(e) and 144.6(e) as
Class V injection wells, that do not engage in CWA-equivalent
treatment before injection.
Note: This table is provided for the convenience of the reader.R315-268-56. Appendix IX to Rule R315-268 - Extraction Procedure (EP) Toxicity Test Method and Structural Integrity Test (Method 1310B).
Note: The EP (Method 1310B) is published in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in Section R315-260-11.
R315-268-57. Appendix XI to Rule R315-268-Metal Bearing Wastes Prohibited from Dilution in a Combustion Unit According to Subsection R315-268-3(c).
Metal Bearing Wastes Prohibited From Dilution in a Combustion Unit According to Subsection R315-268-3(c) 1
Table
Waste Waste description
code
D004 Toxicity Characteristic for Arsenic.
D005 Toxicity Characteristic for Barium.
D006 Toxicity Characteristic for Cadmium.
D007 Toxicity Characteristic for Chromium.
D008 Toxicity Characteristic for Lead.
D009 Toxicity Characteristic for Mercury.
D010 Toxicity Characteristic for Selenium.
D011 Toxicity Characteristic for Silver.
F006 Wastewater treatment sludges from electroplating
operations except from the following processes:
(1) sulfuric acid anodizing of aluminum; (2) tin
plating carbon steel; (3) zinc plating (segregated
basis) on carbon steel; (4) aluminum or zinc-
plating on carbon steel; (5) cleaning/stripping
associated with tin, zinc and aluminum plating on
carbon steel; and (6) chemical etching and milling
of aluminum.
F007 Spent cyanide plating bath solutions from
electroplating operations.
F008 Plating bath residues from the bottom of plating
baths from electroplating operations where cyanides
are used in the process.
F009 Spent stripping and cleaning bath solutions from
electroplating operations where cyanides are used
in the process.
F010 Quenching bath residues from oil baths from metal
treating operations where cyanides are used in the
process.
F011 Spent cyanide solutions from salt bath pot cleaning
from metal heat treating operations.
F012 Quenching waste water treatment sludges from metal
heat treating operations where cyanides are used in
the process.
F019 Wastewater treatment sludges from the chemical
conversion coating of aluminum except from
zirconium phosphating in aluminum car washing when
such phosphating is an exclusive conversion coating
process.
K002 Wastewater treatment sludge from the production of
chrome yellow and orange pigments.
K003 Wastewater treatment sludge from the production of
molybdate orange pigments.
K004 Wastewater treatment sludge from the production of
zinc yellow pigments.
K005 Wastewater treatment sludge from the production of
chrome green pigments.
K006 Wastewater treatment sludge from the production of
chrome oxide green pigments, anhydrous and
hydrated.
K007 Wastewater treatment sludge from the production of
iron blue pigments.
K008 Oven residue from the production of chrome oxide
green pigments.
K061 Emission control dust/sludge from the primary
production of steel in electric furnaces.
K069 Emission control dust/sludge from secondary lead
smelting.
K071 Brine purification muds from the mercury cell
processes in chlorine production, where separately
prepurified brine is not used.
K100 Waste leaching solution from acid leaching of
emission control dust/sludge from secondary lead
smelting.
K106 Sludges from the mercury cell processes for making
chlorine.
P010 Arsenic acid H 3 AsO 4
P011 Arsenic oxide As 2 O 5
P012 Arsenic trioxide
P013 Barium cyanide
P015 Beryllium
P029 Copper cyanide Cu(CN)
P074 Nickel cyanide Ni(CN) 2
P087 Osmium tetroxide
P099 Potassium silver cyanide
P104 Silver cyanide
P113 Thallic oxide
P114 Thallium (l) selenite
P115 Thallium (l) sulfate
P119 Ammonium vanadate
P120 Vanadium oxide V 2 O 5
P121 Zinc cyanide.
U032 Calcium chromate.
U145 Lead phosphate.
U151 Mercury.
U204 Selenious acid.
U205 Selenium disulfide.
U216 Thallium (I) chloride.
U217 Thallium (I) nitrate.
1A combustion unit is defined as any thermal technology
subject to Sections R315-264-340 through 351; 40 CFR 265.340
through 352, which are adopted by reference; and/or Sections
R315-266-100 through 112.KEY: hazardous waste
Date of Enactment or Last Substantive Amendment: 2016
Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-106
Document Information
- Effective Date:
- 3/9/2016
- Publication Date:
- 02/01/2016
- Type:
- Notices of Proposed Rules
- Filed Date:
- 01/14/2016
- Agencies:
- Environmental Quality, Waste Management and Radiation Control, Waste Management
- Rulemaking Authority:
Section 19-6-105
Section 19-6-106
- Authorized By:
- Scott Anderson, Director
- DAR File No.:
- 40113
- Summary:
Rule R315-268 replaces Rule R315-13. It also adopts changes in federal rules relating to the definition of solid waste, electronic manifests, cathode ray tubes, coal combustion residuals, carbon dioxide exclusion, corrections and clarifications, and burden reduction changes. All of these changes are required to maintain an approved state program or are required by Utah statue.
- CodeNo:
- R315-268
- CodeName:
- Land Disposal Restrictions
- Link Address:
- Environmental QualityWaste Management and Radiation Control, Waste ManagementRoom Second Floor 195 N 1950 WSALT LAKE CITY, UT 84116-3097
- Link Way:
Ralph Bohn, by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov
- AdditionalInfo:
- More information about a Notice of Proposed Rule is available online. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2016/b20160201.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version. Text to be deleted is struck through and surrounded by brackets ([example]). ...
- Related Chapter/Rule NO.: (1)
- R315-268. Land Disposal Restrictions