Current through Register Vol. 47, No. 17, September 10, 2024
(a) Requirements for generators and reverse
distributors:
(1) A generator of hazardous
waste must 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 § 268.40, § 268.45, or § 268.49. This
determination can be made concurrently with the hazardous waste determination
required in § 262.11 of these regulations, 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 for Evaluating Solid
Waste, Physical/Chemical Methods," EPA Publication SW 846, (as referenced in
§ 260.11 of these regulations), 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
must send the waste to a RCRA-permitted hazardous waste treatment facility,
where the waste treatment facility must comply with the requirements of §
264.13 of these regulations and paragraph (b) of this section. In addition,
some hazardous wastes must 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 § 268.40, and are
described in detail in § 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 must comply with the
special requirements of § 268.9 of this part in addition to any applicable
requirements in this section.
(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 the waste must
be treated, with the initial shipment of waste to each treatment or storage
facility, the generator must send a one-time written notice to each treatment
or storage facility receiving the waste, and place a copy in the file. The
notice must include the information in column "268.7(a)(2)" of the Generator
Paperwork Requirements Table in § 268.7(a)(4) of this section.
(Alternatively, if the generator chooses not to make the determination of
whether the waste must be treated, the notification must include the EPA
Hazardous Waste Numbers and Manifest Number of the first shipment and must
state "This hazardous waste may or may not be subject to the LDR treatment
standards. The treatment facility must make the determination.") No further
notification is necessary until such time that the waste or facility change, in
which case a new notification must be sent and a copy placed in the generator's
file.
(i) For contaminated soil, the
following certification statement should be included,
signed by an authorized representative:
I certify under penalty of law that I personally have
examined this contaminated soil and it [does/does not] contain listed hazardous
waste and [does/does not] exhibit a characteristic of hazardous waste and
requires treatment to meet the soil treatment standards as provided by
268.49(c).
(ii)
[Reserved]
(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 must 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 must include the information indicated in column
"268.7(a)(3)" of the Generator Paperwork Requirements Table in §
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
6 CCR
1007-3, Part 268, Subpart D. 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 must send a one-time written notice to each facility receiving the
waste and place a copy in the file. The notice most include the information in
columm "268.7(a)(3)" of the Generator Paperwork Requirements Table in
§268.7(a)(4).
(iii) If the
waste changes, the generator must 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 § 261.3(f) of
these regulations 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
40 CFR §
268.5, disposal in a no-migration unit under
§ 268.6, or a national capacity variance or case-by-case capacity variance
under Subpart C of this part. If a generator's waste is so exempt, then with
the initial shipment of waste, the generator must send a one-time written
notice to each land disposal facility receiving the waste. The notice must
include the information indicated in column "268.7(a)(4)" of the Generator
Paperwork Requirements Table below. If the waste changes, the generator must
send a new notice to the receiving facility, and place a copy in their files.
Generator Paperwork Requirements
Table
|
Required Information
|
§ 268.7(a)(2)
|
§ 268.7(a)(3)
|
§ 268. (a)(4)
|
§ 268.(a)(9)
|
|
1. EPA Hazardous Waste Numbers and Manifest
Number of first shipment
|
X
|
X
|
X
|
X
|
|
2. Statement: This waste is not prohibited from
land disposal
|
X
|
|
3. The waste is subject to 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
|
X
|
X
|
|
4. The notice must include the applicable
wastewater/nonwastewater category (see §
§ 268.2(d) and (f)) and
subdivisions made within a waste code based on waste-specific criteria (such as
D003 reactive cyanide)
|
X
|
X
|
|
5. Waste analysis data (when available).
|
X
|
X
|
X
|
|
6. Date the waste is subject to the
prohibition
|
X
|
|
7. For hazardous debris, when treating with the
alternative treatment technologies provided by § 268.45: the containments
subject to treatment, as Described in § 268.45(b): and an indication that
these contaminants are being treated to comply with § 268.45
|
X
|
X
|
|
8. For contaminated soil subject to LDRs as
provided in § 268.49(a) the constituents subject to treatment as described
in § 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 § 268.49(c) or the universal treatment
- standards.
|
X
|
X
|
|
9. A certification is needed (see applicable
section for exact wording)
|
X
|
X
|
(5) If a generator is managing and treating
prohibited waste or contaminated soil in tanks, containers, or containment
buildings regulated under §§ 262.15, 262.16, or 262.17 of these
regulations to meet applicable LDR treatment standards found at § 268.40,
the generator must 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 of § 268.45, however, are not subject to
these waste analysis requirements.) The plan must be kept on site in the
generator's records, and the following requirements must be met:
(i) The waste analysis plan must 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 this part, including
the selected testing frequency.
(ii) Such plan must be kept in the facility's
on-site files and made available to inspectors.
(iii) Wastes shipped off-site pursuant to
this paragraph must comply with the notification requirements of §
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 must 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 § 260.11 of these regulations, and all waste analysis data must be
retained on-site in the generator's files.
(7) If a generator determines that he/she is
managing a prohibited waste that is excluded from the definition of hazardous
or solid waste or is exempted from Subtitle C regulation, under §
§
261.2 through 261.6 of these regulations 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 §
261.4(a)(2), or are CWA-equivalent), he/she must place a one-time notice
describing such generation, subsequent exclusion from the definition of
hazardous or solid waste or exemption from RCRA Subtitle C regulation, and the
disposition of the waste, in the facility's onsite files.
(8) Generators must retain on-site a copy of
all notices, certifications, waste analysis data, and other documentation
produced pursuant to this section 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 this paragraph 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 §
§
261.2 through 261.6 of these regulations, or exempted from Subtitle C
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 § 268.42(c):
(i) With the initial shipment of waste to a
treatment facility, the generator must submit a notice that provides the
information in column "§ 268.7(a)(9)" in the Generator Paperwork
Requirements Table of paragraph (a)(4) of this section, and the following
certification. The certification, which must be signed by an authorized
representative and must be placed in the generator's files, must 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
6 CCR
1007-3, Part 268 and that this lab pack will be sent
to a combustion facility in compliance with the alternative treatment standards
for lab packs at § 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 must be sent and a copy placed in the generator' s
file.
(iii) If the lab pack
contains characteristic hazardous wastes (D001-D043), underlying hazardous
constituents (as defined in § 268.2(i)) need not be determined.
(iv) The generator must also comply with the
requirements in paragraphs (a)(6) and (a)(7) of this section.
(10) Small quantity generators
with tolling agreements pursuant to § 262.20(e) of these regulations must
comply with the applicable notification and certification requirements of
paragraph (a) of this section for the initial shipment of the waste subject to
the agreement. Such generators must 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 must test their wastes according to the frequency specified in their
waste analysis plans as required by § 264.13 (for permitted TSDs) or
§ 265.13 (for interim status facilities). Such testing must be performed
as provided in paragraphs (b)(1), (b)(2) and (b)(3) of this section.
(1) For wastes or contaminated soil with
treatment standards expressed in the waste extract (TCLP), the owner or
operator of the treatment facility must 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 § 260.11 of these regulations), 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 must test the treatment residues (not an
extract of such residues) to assure that they meet the applicable treatment
standards.
(3) A one-time notice
must be sent with the initial shipment of waste or contaminated soil to the
land disposal facility. A copy of the notice must 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 must be sent and a copy placed in the treatment
facility's file.
(ii) The one-time
notice must include these requirements:
Treatment Facility Paperwork Requirements
Table
|
Required Information
|
§ 268.7(b)
|
|
1. EPA Hazardous Waste Numbers and Manifest
Number of first shipment
|
X
|
|
2. The waste is subject to 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
|
X
|
|
3. The notice must include the applicable
wastewater/nonwastewater category (see §
§ 268.2(d) and (f)) and
subdivisions made within a waste code based on waste-specific criteria (such as
D003 reactive cyanide)
|
X
|
|
4. Waste analysis data (when available)
|
X
|
|
5. For contaminated soil subject to LDRs as
provided in § 268.49(a). the constituents subject to treatment as
described in § 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 § 268.49(c).
|
X
|
|
6. A certification is needed (see applicable
section for exact wording)
|
X
|
(4) The treatment facility must 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 must 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
6 CCR
1007-3, § 268.40 without impermissible dilution
of the prohibited waste. I am aware that 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 must 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 § 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 must 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 must be
sent to the receiving facility, and a copy placed in the file.
(ii) Debris excluded from the definition of
hazardous waste under § 261.3(f) of these regulations (i.e., debris
treated by an extraction or destruction technology provided by Table 1, §
268.45, and debris that the Director has determined does not contain hazardous
waste), however, is subject to the notification and certification requirements
of paragraph (d) of this section rather than the certification requirements of
this paragraph.
(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 § 268.40(d),
the certification, signed by an authorized representative, must 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 § 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 § 268.40 (other than those expressed
as a method of treatment), or § 268.49, and that contain underlying
hazardous constituents as defined in § 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
must state the following:
I certify under penalty of law that the waste has been
treated in accordance with the requirements of
6 CCR
1007-3, § 268.40 or § 268.49 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 in § 268.2(i) that
are treated on-site to remove the hazardous characteristic to treat underlying
hazardous constituents to levels in § 268.48 Universal Treatment
Standards, the certification must state the following:
I certify under penalty of law that the waste has been
treated in accordance with the requirements of
6 CCR
1007-3, § 268.40 to remove the hazardous
characteristic and that underlying hazardous constituents, as defined in §
268.2(i) have been treated on-site to meet the § 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 must comply with the
notice and certification requirements applicable to generators under this
section.
(6) Where the wastes are
recyclable materials used in a manner constituting disposal subject to the
provisions of § 267.20(b) regarding treatment standards and prohibition
levels, the owner or operator of a treatment facility (i.e., the recycler)
must, for the initial shipment of waste, prepare a one-time certification
described in paragraph (b)(4) of this section, and a one-time notice which
includes the information listed in paragraph (b)(3) of this section (except the
manifest number). The certification and notification must be placed in the
facility's on-site files. If the waste or the receiving facility changes, a new
certification and notification must be prepared and placed in the on-site
files. In addition, the recycling facility must 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 § 267.20(b),
the owner or operator of any land disposal facility disposing any waste subject
to restrictions under this part must:
(1) Have
copies of the notice and certifications specified in paragraph (a) or (b) of
this section.
(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 § 260.11 of these regulations), to assure
that the wastes or treatment residues are in compliance with the applicable
treatment standards set forth in Subpart D of this part. Such testing must be
performed according to the frequency specified in the facility's waste analysis
plan as required by § 264.13 or § 265.13 of these
regulations.
(d)
Generators or treaters who first claim that hazardous debris is excluded from
the definition of hazardous waste under § 261.3(f) of these regulations
(i.e., debris treated by an extraction or destruction technology provided by
Table 1, § 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 must be submitted to the Director including the following
information:
(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
§ 261.3(f)(1) of these regulations, the technology from Table 1, §
268.45, used to treat the debris.
(2) The notification must be updated if the
debris is shipped to a different facility, and, for debris excluded under
§ 261.3(f)(1) of these regulations, if a different type of debris is
treated or if a different technology is used to treat the debris.
(3) For debris excluded under §
261.3(f)(1) of these regulations, the owner or operator of the treatment
facility must document and certify compliance with the treatment standards of
Table 1, § 268.45, as follows:
(i)
Records must be kept of all inspections, evaluations, and analyses of treated
debris that are made to determine compliance with the treatment
standards;
(ii) Records must 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 must
be signed by an authorized representative and placed in the facility's files.
The certification must state the following: "I certify under penalty of law
that the debris has been treated in accordance with the requirements of §
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 EPA or an authorized state a determination that
a given contaminated soil subject to LDRs as provided in § 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 §
268.49(a) no longer exhibits a characteristic of hazardous waste must:
(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.
