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.