Current through Register Vol. 47, No. 17, September 10, 2024
(a)
Treatment standards. Hazardous debris must be treated prior to
land disposal as follows unless the Director determines under §
261.3(f)(2) of these regulations that the debris is no longer contaminated with
hazardous waste or the debris is treated to the waste-specific treatment
standard provided in this subpart for the waste contaminating the debris:
(1)
General. Hazardous debris
must be treated for each "contaminant subject to treatment" defined by
paragraph (b) of this section using the technology or technologies identified
in Table 1 of this section.
(2)
Characteristic debris. Hazardous debris that exhibits the
characteristic of ignitability, corrosivity, or reactivity identified under
§
§ 261.21, 261.22, and 261.23 of these regulations, respectively,
must be deactivated by treatment using one of the technologies identified in
Table 1 of this section.
(3)
Mixtures of debris types. The treatment standards of Table 1 in
this section must 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
must 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 paragraph (b) of this section must be treated for
each contaminant using one or more treatment technologies identified in Table 1
of this section. If an immobilization technology is used in a treatment train,
it must 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 this section, whichever are
more stringent
(b)
Contaminants subject to treatment. Hazardous debris must be
treated for each "contaminant subject to treatment" The contaminants subject to
treatment must be determined as follows:
(1)
Toxicity characteristic debris. The contaminants subject to
treatment for debris that exhibits the Toricity Characteristic (TC) by §
261.24 of these regulations 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 §
268.40.
(3)
Cyanide reactive
debris. Hazardous debris that is reactive because of cyanide must 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 this section and that does not exhibit a characteristic of
hazardous waste identified under Subpart C, Part 261, of these regulations
after treatment is not a hazardous waste and need not be managed in a Subtitle
C facility. Hazardous debris contaminated with a listed waste that is treated
by an immobilization technology specified in Table 1 is a hazardous waste and
must be managed in a Subtitle C facility.
(d)
Treatment residuals
(1)
General requirements. Except
as provided by paragraphs (d)(2) and (d)(4) of this section:
(i) Residue from the treatment of hazardous
debris must 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 Subpart D of this part 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 paragraph (b) of this section, must
be deactivated prior to land disposal and is not subject to the waste-specific
treatment standards of Subpart D of this part.
(3)
Cyanide-reactive debris.
Residue from the treatment of debris that is reactive because of cyanide must
meet the treatment standards for D003 in "Treatment Standards for Hazardous
Wastes" at § 268.40.
(4)
Ignitable nonwastewater residue. Ignitable nonwastewater 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 this section.
Table 1. -- Alternative Treatment Standards For Hazardous
Debris
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