268.40—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 must 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 must be at or below the values found in the table (“waste extract standards”); or
(3)
The waste must be treated using the technology specified in the table (“technology standard”), which are described in detail in § 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 § 260.11, must 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 § 268.42(b).
(c)
When wastes with differing treatment standards for a constituent of concern are combined for purposes of treatment, the treatment residue must meet the lowest treatment standard for the constituent of concern.
(d)
Notwithstanding the prohibitions specified in paragraph (a) of this section, treatment and disposal facilities may demonstrate (and certify pursuant to 40 CFR 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 this section, 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 40 CFR part 264, subpart O, 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 paragraph (d)(1) of this section 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 this section 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 § 268.2(i)) must meet Universal Treatment Standards, found in § 268.48, Table Universal Treatment Standards, prior to land disposal as defined in § 268.2(c) of this part.
(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 § 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 40 CFR 261.32 as EPA Hazardous Waste numbers K156-K161; and in 40 CFR 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 this section, or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST at § 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 § 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 this section prior to land disposal.
(j)
Effective September 4, 1998, the treatment standards for the wastes specified in 40 CFR 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 this section, or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST at § 268.42 Table 1 of this Part, 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 § 268.42 Table 1 of this Part, for wastewaters.
| [Note: NA means not applicable] | |||||
| Wastecode | Waste description and treatment/Regulatory subcategory 1 | Regulated hazardous constituent | Wastewaters | Nonwastewaters | |
|---|---|---|---|---|---|
| Common name | CAS 2number | Concentration 3 in mg/L; or Technology Code 4 | Concentration 5 in mg/kg unless noted as“mg/L TCLP”; orTechnology Code 4 | ||
| D001 9 | Ignitable Characteristic Wastes, except for the § 261.21(a)(1) High TOC Subcategory. | NA | NA | DEACT and meet § 268.48 standards 8; or RORGS; or CMBST | DEACT and meet § 268.48 standards 8; or RORGS; or CMBST |
| High TOC Ignitable Characteristic Liquids Subcategory based on 40 CFR 261.21(a)(1) —Greater than or equal to 10% total organic carbon. (Note: This subcategory consists of nonwastewaters only.) | NA | NA | NA | RORGS; CMBST; or POLYM | |
| D002 9 | Corrosive Characteristic Wastes. | NA | NA | DEACT and meet § 268.48 standards 8 | DEACT and meet § 268.48 standards 8 |
| D002, D004, D005, D006, D007, D008, D009, D010, D011 | Radioactive high level wastes generated during the reprocessing of fuel rods. (Note: This subcategory consists of nonwastewaters only.) | Corrosivity (pH)Arsenic Barium Cadmium Chromium (Total) Lead Mercury Selenium Silver | NA7440-38-2 7440-39-3 7440-43-9 7440-47-3 7439-92-1 7439-97-6 7782-49-2 7440-22-4 | NANA NA NA NA NA NA NA NA | HLVITHLVIT HLVIT HLVIT HLVIT HLVIT HLVIT HLVIT HLVIT |
| D003 9 | Reactive Sulfides Subcategory based on 261.23(a)(5). | NA | NA | DEACT | DEACT |
| Explosives Subcategory based on 261.23(a)(6),(7), and (8). | NA | NA | DEACT and meet § 268.48 standards 8 | DEACT and meet § 268.48 standards 8 | |
| Unexploded ordnance and other explosive devices which have been the subject of an emergency response. | NA | NA | DEACT | DEACT | |
| Other Reactives Subcategory based on 261.23(a)(1). | NA | NA | DEACT and meet § 268.48 standards 8 | DEACT and meet § 268.48 standards 8 | |
| Water Reactive Subcategory based on 261.23(a)(2), (3), and (4). (Note: This subcategory consists of nonwastewaters only). | NA | NA | NA | DEACT and meet § 268.48 standards 8 | |
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| Reactive Cyanides Subcategory based on 261.23(a)(5). | Cyanides (Total) 7 | 57-12-5 | Reserved | 590 | |
| Cyanides (Amenable) 7 | 57-12-5 | 0.86 | 30 | ||
| D004 9 | Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for arsenic based on the toxicity characteristic leaching procedure (TCLP) in SW846. | Arsenic | 7440-38-2 | 1.4 and meet § 268.48 standards 8 | 5.0 mg/L TCLP and meet § 268.48 standards 8 |
| D005 9 | Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for barium based on the toxicity characteristic leaching procedure (TCLP) in SW846. | Barium | 7440-39-3 | 1.2 and meet § 268.48 standards 8 | 21 mg/L TCLP and meet § 268.48 standards 8 |
| D006 9 | Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for cadmium based on the toxicity characteristic leaching procedure (TCLP) in SW846. | Cadmium | 7440-43-9 | 0.69 and meet § 268.48 standards 8 | 0.11 mg/L TCLP and meet § 268.48 standards 8 |
| Cadmium Containing Batteries Subcategory. (Note: This subcategory consists of nonwastewaters only). | Cadmium | 7440-43-9 | NA | RTHRM | |
| Radioactively contaminated cadmium containing batteries. (Note: This subcategory consists of nonwastewaters only) | Cadmium | 7440-43-9 | NA | Macroencapsulation in accordance with 40 CFR 268.45 . | |
| D007 9 | Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for chromium based on the toxicity characteristic leaching procedure (TCLP) in SW846. | Chromium (Total) | 7440-47-3 | 2.77 and meet § 268.48 standards 8 | 0.60 mg/L TCLP and meet § 268.48 standards 8 |
| D008 9 | Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for lead based on the toxicity characteristic leaching procedure (TCLP) in SW846. | Lead | 7439-92-1 | 0.69 and meet § 268.48 standards 8 | 0.75 mg/L TCLP and meet § 268.48 standards 8 |
| Lead Acid Batteries Subcategory (Note: This standard only applies to lead acid batteries that are identified as RCRA hazardous wastes and that are not excluded elsewhere from regulation under the land disposal restrictions of 40 CFR 268 or exempted under other EPA regulations (see 40 CFR 266.80 ). This subcategory consists of nonwastewaters only.) | Lead | 7439-92-1 | NA | RLEAD | |
| Radioactive Lead Solids Subcategory (Note: These lead solids include, but are not limited to, all forms of lead shielding and other elemental forms of lead. These lead solids do not include treatment residuals such as hydroxide sludges, other wastewater treatment residuals, or incinerator ashes that can undergo conventional pozzolanic stabilization, nor do they include organo-lead materials that can be incinerated and stabilized as ash. This subcategory consists of nonwastewaters only.) | Lead | 7439-92-1 | NA | MACRO | |
| D009 9 | Nonwastewaters that exhibit, or are expected to exhibit, the characteristic of toxicity for mercury based on the toxicity characteristic leaching procedure (TCLP) in SW846; and contain greater than or equal to 260 mg/kg total mercury that also contain organics and are not incinerator residues. (High Mercury-Organic Subcategory) | Mercury | 7439-97-6 | NA | IMERC; OR RMERC |
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| Nonwastewaters that exhibit, or are expected to exhibit, the characteristic of toxicity for mercury based on the toxicity characteristic leaching procedure (TCLP) in SW846; and contain greater than or equal to 260 mg/kg total mercury that are inorganic, including incinerator residues and residues from RMERC. (High Mercury-Inorganic Subcategory) | Mercury | 7439-97-6 | NA | RMERC | |
| Nonwastewaters that exhibit, or are expected to exhibit, the characteristic of toxicity for mercury based on the toxicity characteristic leaching procedure (TCLP) in SW846; and contain less than 260 mg/kg total mercury and that are residues from RMERC only. (Low Mercury Subcategory) | Mercury | 7439-97-6 | NA | 0.20 mg/L TCLP and meet § 268.48 standards 8 | |
| All other nonwastewaters that exhibit, or are expected to exhibit, the characteristic of toxicity for mercury based on the toxicity characteristic leaching procedure (TCLP) in SW846; and contain less than 260 mg/kg total mercury and that are not residues from RMERC. (Low Mercury Subcategory) | Mercury | 7439-97-6 | NA | 0.025 mg/L TCLP and meet § 268.48 standards 8 | |
| All D009 wastewaters. | Mercury | 7439-97-6 | 0.15 mg/L TCLP and meet § 268.48 standards 8 | NA | |
| Elemental mercury contaminated with radioactive materials. (Note: This subcategory consists of nonwastewaters only.) | Mercury | 7439-97-6 | NA | AMLGM | |
| Hydraulic oil contaminated with Mercury Radioactive Materials Subcategory. (Note: This subcategory consists of nonwastewaters only.) | Mercury | 7439-97-6 | NA | IMERC | |
| Radioactively contaminated mercury containing batteries. (Note: This subcategory consists of nonwastewaters only) | Mercury | 7439-97-6 | NA | Macroencapsulation in accordance with 40 CFR 268.45 . | |
| D010 9 | Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for selenium based on the toxicity characteristic leaching procedure (TCLP) in SW846. | Selenium | 7782-49-2 | 0.82 and meet § 268.48 standards 8 | 5.7 mg/L TCLP and meet § 268.48 standards 8 |
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| D011 9 | Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for silver based on the toxicity characteristic leaching procedure (TCLP) in SW846. | Silver | 7440-22-4 | 0.43 and meet § 268.48 standards 8 | 0.14 mg/L TCLP and meet § 268.48 standards 8 |
| Radioactively contaminated silver containing batteries. Note: This subcategory consists of nonwastewaters only) | Silver | 7440-22-4 | NA | Macroencapsulation in accordance with 40 CFR 268.45 . | |
| D012 9 | Wastes that are TC for Endrin based on the TCLP in SW846 Method 1311. | Endrin | 72-20-8 | BIODG; or CMBST | 0.13 and meet § 268.48 standards 8 |
| Endrin aldehyde | 7421-93-4 | BIODG; or CMBST | 0.13 and meet § 268.48 standards 8 | ||
| D013 9 | Wastes that are TC for Lindane based on the TCLP in SW846 Method 1311. | alpha-BHC | 319-84-6 | CARBN; or CMBST | 0.066 and meet § 268.48 standards 8 |
| beta-BHC | 319-85-7 | CARBN; or CMBST | 0.066 and meet § 268.48 standards 8 | ||
| delta-BHC | 319-86-8 | CARBN; or CMBST | 0.066 and meet § 268.48 standards 8 | ||
| gamma-BHC (Lindane) | 58-89-9 | CARBN; or CMBST | 0.066 and meet § 268.48 standards 8 | ||
| D014 9 | Wastes that are TC for Methoxychlor based on the TCLP in SW846 Method 1311. | Methoxychlor | 72-43-5 | WETOX or CMBST | 0.18 and meet § 268.48 standards 8 |
| D015 9 | Wastes that are TC for Toxaphene based on the TCLP in SW846 Method 1311. | Toxaphene | 8001-35-2 | BIODG or CMBST | 2.6 and meet § 268.48 standards 8 |
| D016 9 | Wastes that are TC for 2,4-D (2,4-Dichlorophenoxyacetic acid) based on the TCLP in SW846 Method 1311. | 2,4,-D (2,4-Dichlorophenoxyacetic acid) | 94-75-7 | CHOXD, BIODG, or CMBST | 10 and meet § 268.48 standards 8 |
| D017 9 | Wastes that are TC for 2,4,5-TP (Silvex) based on the TCLP in SW846 Method 1311. | 2,4,5-TP (Silvex) | 93-72-1 | CHOXD or CMBST | 7.9 and meet § 268.48 standards 8 |
| D018 9 | Wastes that are TC for Benzene based on the TCLP in SW846 Method 1311. | Benzene | 71-43-2 | 0.14 and meet § 268.48 standards 8 | 10 and meet § 268.48 standards 8 |
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| D019 9 | Wastes that are TC for Carbon tetrachloride based on the TCLP in SW846 Method 1311. | Carbon tetrachloride | 56-23-5 | 0.057 and meet § 268.48 standards 8 | 6.0 and meet § 268.48 standards 8 |
| D020 9 | Wastes that are TC for Chlordane based on the TCLP in SW846 Method 1311. | Chlordane (alpha and gamma isomers) | 57-74-9 | 0.0033 and meet § 268.48 standards 8 | 0.26 and meet § 268.48 standards 8 |
| D021 9 | Wastes that are TC for Chlorobenzene based on the TCLP in SW846 Method 1311. | Chlorobenzene | 108-90-7 | 0.057 and meet § 268.48 standards 8 | 6.0 and meet § 268.48 standards 8 |
| D022 9 | Wastes that are TC for Chloroform based on the TCLP in SW846 Method 1311. | Chloroform | 67-66-3 | 0.046 and meet § 268.48 standards 8 | 6.0 and meet § 268.48 standards 8 |
| D023 9 | Wastes that are TC for o-Cresol based on the TCLP in SW846 Method 1311. | o-Cresol | 95-48-7 | 0.11 and meet § 268.48 standards 8 | 5.6 and meet § 268.48 standards 8 |
| D024 9 | Wastes that are TC for m-Cresol based on the TCLP in SW846 Method 1311. | m-Cresol (difficult to distinguish from p-cresol) | 108-39-4 | 0.77 and meet § 268.48 standards 8 | 5.6 and meet § 268.48 standards 8 |
| D025 9 | Wastes that are TC for p-Cresol based on the TCLP in SW846 Method 1311. | p-Cresol (difficult to distinguish from m-cresol) | 106-44-5 | 0.77 and meet § 268.48 standards 8 | 5.6 and meet § 268.48 standards 8 |
| D026 9 | Wastes that are TC for Cresols (Total) based on the TCLP in SW846 Method 1311. | Cresol-mixed isomers (Cresylic acid) (sum of o-, m-, and p-cresol concentrations) | 1319-77-3 | 0.88 and meet § 268.48 standards 8 | 11.2 and meet § 268.48 standards 8 |
| D027 9 | Wastes that are TC for p-Dichlorobenzene based on the TCLP in SW846 Method 1311. | p-Dichlorobenzene (1,4-Dichlorobenzene) | 106-46-7 | 0.090 and meet § 268.48 standards 8 | 6.0 and meet § 268.48 standards 8 |
| D028 9 | Wastes that are TC for 1,2-Dichloroethane based on the TCLP in SW846 Method 1311. | 1,2-Dichloroethane | 107-06-2 | 0.21 and meet § 268.48 standards 8 | 6.0 and meet § 268.48 standards 8 |
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| D029 9 | Wastes that are TC for 1,1-Dichloroethylene based on the TCLP in SW846 Method 1311. | 1,1-Dichloroethylene | 75-35-4 | 0.025 and meet § 268.48 standards 8 | 6.0 and meet § 268.48 standards 8 |
| D030 9 | Wastes that are TC for 2,4-Dinitrotoluene based on the TCLP in SW846 Method 1311. | 2,4-Dinitrotoluene | 121-14-2 | 0.32 and meet § 268.48 standards 8 | 140 and meet § 268.48 standards 8 |
| D031 9 | Wastes that are TC for Heptachlor based on the TCLP in SW846 Method 1311. | Heptachlor | 76-44-8 | 0.0012 and meet § 268.48 standards 8 | 0.066 and meet § 268.48 standards 8 |
| Heptachlor epoxide | 1024-57-3 | 0.016 and meet § 268.48 standards 8 | 0.066 and meet § 268.48 standards 8 | ||
| D032 9 | Wastes that are TC for Hexachlorobenzene based on the TCLP in SW846 Method 1311. | Hexachlorobenzene | 118-74-1 | 0.055 and meet § 268.48 standards 8 | 10 and meet § 268.48 standards 8 |
| D033 9 | Wastes that are TC for Hexachlorobutadiene based on the TCLP in SW846 Method 1311. | Hexachlorobutadiene | 87-68-3 | 0.055 and meet § 268.48 standards 8 | 5.6 and meet § 268.48 standards 8 |
| D034 9 | Wastes that are TC for Hexachloroethane based on the TCLP in SW846 Method 1311. | Hexachloroethane | 67-72-1 | 0.055 and meet § 268.48 standards 8 | 30 and meet § 268.48 standards 8 |
| D035 9 | Wastes that are TC for Methyl ethyl ketone based on the TCLP in SW846 Method 1311. | Methyl ethyl ketone | 78-93-3 | 0.28 and meet § 268.48 standards 8 | 36 and meet § 268.48 standards 8 |
| D036 9 | Wastes that are TC for Nitrobenzene based on the TCLP in SW846 Method 1311. | Nitrobenzene | 98-95-3 | 0.068 and meet § 268.48 standards 8 | 14 and meet § 268.48 standards 8 |
| D037 9 | Wastes that are TC for Pentachlorophenol based on the TCLP in SW846 Method 1311. | Pentachlorophenol | 87-86-5 | 0.089 and meet § 268.48 standards 8 | 7.4 and meet § 268.48 standards 8 |
| D038 9 | Wastes that are TC for Pyridine based on the TCLP in SW846 Method 1311. | Pyridine | 110-86-1 | 0.014 and meet § 268.48 standards 8 | 16 and meet § 268.48 standards 8 |
| D039 9 | Wastes that are TC for Tetrachloroethylene based on the TCLP in SW846 Method 1311. | Tetrachloroethylene | 127-18-4 | 0.056 and meet § 268.48 standards 8 | 6.0 and meet § 268.48 standards 8 |
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| D040 9 | Wastes that are TC for Trichloroethylene based on the TCLP in SW846 Method 1311. | Trichloroethylene | 79-01-6 | 0.054 and meet § 268.48 standards 8 | 6.0 and meet § 268.48 standards 8 |
| D041 9 | Wastes that are TC for 2,4,5-Trichlorophenol based on the TCLP in SW846 Method 1311. | 2,4,5-Trichlorophenol | 95-95-4 | 0.18 and meet § 268.48 standards 8 | 7.4 and meet § 268.48 standards 8 |
| D042 9 | Wastes that are TC for 2,4,6-Trichlorophenol based on the TCLP in SW846 Method 1311. | 2,4,6-Trichlorophenol | 88-06-2 | 0.035 and meet § 268.48 standards 8 | 7.4 and meet § 268.48 standards 8 |
| D043 9 | Wastes that are TC for Vinyl chloride based on the TCLP in SW846 Method 1311. | Vinyl chloride | 75-01-4 | 0.27 and meet § 268.48 standards 8 | 6.0 and meet § 268.48 standards 8 |
| F001, F002, F003, F004, & F005 | F001, F002, F003, F004 and/or F005 solvent wastes that contain any combination of one or more of the following spent solvents: acetone, benzene, n-butyl alcohol, carbon disulfide, carbon tetrachloride, chlorinated fluorocarbons, chlorobenzene, o-cresol, m-cresol, p-cresol, cyclohexanone, o-dichlorobenzene, 2-ethoxyethanol, ethyl acetate, ethyl benzene, ethyl ether, isobutyl alcohol, methanol, methylene chloride, methyl ethyl ketone, methyl isobutyl ketone, nitrobenzene, 2-nitropropane, pyridine, tetrachloroethylene, toluene, 1,1,1-trichloroethane, 1,1,2-trichloroethane, 1,1,2-trichloro-1,2,2-trifluoroethane,
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