(a)
Treatment standards. Hazardous debris must be treated prior to land disposal as
follows unless [the] state department of health determines under §
261.3(f)(2) of this chapter 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 this
chapter, 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 Toxicity Characteristic (TC) by § 261.24 of this chapter 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 this
chapter 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 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 this section.
[See
Table 1-Alternative Treatment Standards for Hazardous Debris in 40 CFR section
268.45.]
