Current through Register Vol. 47, No. 17, September 10, 2024
(a)
This part 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 this part or Part 261 of these regulations, the requirements of this part
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 Subpart C of this part
or pursuant to 40 CFR §
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
40 CFR §
268.6, with respect to those wastes and units
covered by the petition;
(3)
[Reserved]
(4) Wastes that are
hazardous only because they exhibit a hazardous characteristic, and which are
otherwise prohibited under this part, 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 § 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 dean Water Act;
or
(iii) The wastes are managed in
a zero discharge system engaged in Clean Water Act-equivalent treatment as
defined in § 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 this part 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 Part 268:
(1) Waste generated by very small quantity
generators, as defined in § 260.10 of these regulations;
(2) Waste pesticides that a farmer disposes
of pursuant to § 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 of 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 § 260.10) are exempt from §
§
268.7 and 268.50 for the hazardous wastes listed below. These handlers are
subject to regulation under Part 273 of these regulations.
(1) Batteries as described in § 273.2(a)
of these regulations;
(2)
Pesticides as described in § 273.2(b) of these regulations;
(3) Mercury-containing devices as described
in § 273.2(c) of these regulations;
(4) Aerosol cans as described in §
273.2(d) of these regulations;
(5)
Lamps as described in § 273.2(e) of these regulations; and
(6) Electronic devices and electronic
components as described in § 273.2(f) of these regulations.
