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.