or RCRA corrective action) containing less than 1 percent total F001-F005 solvent constituents listed in Table CCWE of § 268.41 of this part; or

(4) The solvent waste is a residue from treating a waste described in paragraphs (a)(1), (a)(2), or (a)(3) of this section; or the solvent waste is a residue from treating a waste not described in paragraphs (a)(1), (a)(2), or (a)(3) of this section provided such residue belongs to a different treatability group than the waste as initially generated and wastes belonging to such a treatability group are described in paragraph (a)(3) of this section.

(b) Effective November 8, 1988, the F001-F005 solvent wastes listed in paragraphs (a) (1), (2), (3), or (4) of this section are prohibited from land disposal.

(c) Effective November 8, 1990, the F001-F005 solvent wastes which are contaminated soil and debris resulting from a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or a corrective action required under subtitle C of the Resource Conservation and Recovery Act (RCRA) and the residues from treating these wastes are prohibited from land disposal. Between November 8, 1988, and November 8, 1990, these wastes may be disposed in a landfill or surface impoundment only if such unit is in compliance with the requirements specified in § 268.5(h)(2).

(d) The requirements of paragraphs (a), (b), and (c) of this section do not apply if:

(1) The wastes meet the standards of subpart D of this part; or

(2) Persons have been granted an exemption from a prohibition pursuant to a petition under § 268.6, with respect to those wastes and units covered by the petition; or

(3) Persons have been granted an extension to the effective date of a prohibition pursuant to § 268.5, with respect to those wastes and units covered by the extension.

[53 FR 31216, Aug. 17, 1988]

§ 268.31 Waste specific prohibitionsDioxin-containing wastes.

(a) Effective November 8, 1988, the dioxin-containing wastes specified in 40 CFR 261.31 as EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, F027, and F028, are prohibited from land disposal unless the following condition applies:

(1) The F020-F023 and F026-F028 dioxin-containing waste is contaminated soil and debris resulting from a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or a corrective action taken under subtitle C of the Resource Conservation and Recovery Act (RCRA).

(b) Effective November 8, 1990, the F020-F023 and F026-F028 dioxin-containing wastes listed in paragraph (a)(1) of this section are prohibited from land disposal.

(c) Between November 8, 1988, and November 8, 1990, wastes included in paragraph (a)(1) of this section may be disposed in a landfill or surface impoundment only if such unit is in compliance with the requirements specified in § 268.5(h)(2) and all other applicable requirements of parts 264 and 265 of this chapter.

(d) The requirements of paragraphs (a) and (b) of this section do not apply if:

(1) The wastes meet the standards of subpart D of this part; or

(2) Persons have been granted an exemption from a prohibition pursuant to a petition under § 268.6, with respect to those wastes and units covered by the petition; or

(3) Persons have been granted an extension to the effective date of a prohibition pursuant to § 268.5, with respect to those wastes covered by the extension.

[53 FR 31216, Aug. 17, 1988]

§ 268.32 Waste specific prohibitions-California list wastes.

(a) Effective July 8, 1987, the following hazardous wastes are prohibited from land disposal (except in injection wells):

(1) Liquid hazardous wastes having a pH less than or equal to two (2.0);

(d) The requirements of paragraphs (a) and (e) of this section do not apply until:

(1) July 8, 1989 where the wastes are contaminated soil or debris not resulting from a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or a corrective action taken under Subtitle C of the Resource Conservation and Recovery Act (RCRA). Between July 8, 1987 and July 8, 1989, the wastes may be disposed in a landfill or surface impoundment only if such disposal is in compliance with the requirements specified in § 268.5(h)(2).

(2) November 8, 1990 where the wastes are contaminated soil or debris resulting from a response action taken under section 104 or 106 of CERCLA or a corrective action taken under Subtitle C of RCRA. Between November 8, 1988, and November 8, 1990, the wastes may be disposed in a landfill or surface impoundment only if such unit is in compliance with the requirements specified in § 268.5(h)(2).

(e) Effective November 8, 1988, the following hazardous wastes are prohibited from land disposal (subject to any regulations that may be promulgated with respect to disposal in injection wells):

(1) Liquid hazardous wastes that contain HOCS in total concentration greater than or equal to 1,000 mg/1 and are not prohibited under paragraph (a)(3) of this section; and

(2) Nonliquid hazardous wastes containing HOCS in total concentration greater than or equal to 1,000 mg/kg and are not wastes described in paragraph (d) of this section.

(f) Between July 8, 1987 and November 8, 1988, the wastes included in paragraphs (e)(1) and (e)(2) of this section may be disposed in a landfill or

surface impoundment only if such unit is in compliance with the requirements specified in § 268.5(h)(2).

(g) The requirements of paragraphs (a), (d), and (e) of this section do not apply if:

(1) Persons have been granted an exemption from a prohibition pursuant to a petition under § 268.6, with respect to those wastes and units covered by the petition (except for liquid hazardous wastes containing polychlorinated biphenyls at concentrations greater than or equal to 500 ppm which are not eligible for such exemptions); or

(2) Persons have been granted an extension to the effective date of prohibition pursuant to § 268.5, with respect to those wastes covered by the extension; or

(3) The wastes meet the applicable standards specified in subpart D of this part or, where treatment standards are not specified, the wastes are in compliance with the applicable prohibitions set forth in this section or RCRA section 3004(d).

(h) The prohibitions and effective dates specified in paragraphs (a)(3), (d), and (e) of this section do not apply where the waste is subject to a part 268 subpart C prohibition and effective date for a specified HOC (such as a hazardous waste chlorinated solvent, see e.g., § 268.30(a)).

(i) To determine whether or not a waste is a liquid under paragraphs (a) and (e) of this section and under RCRA section 3004(d), the following test must be used: Method 9095 (Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods," EPA Publication No. SW-846. (Incorporated by reference, see § 260.11(a) of this chapter.)

(j) Except as otherwise provided in this paragraph, the waste analysis and recordkeeping requirements of § 268.7 are applicable to wastes prohibited under this part or RCRA section 3004(d):

(1) The initial generator of a liquid hazardous waste must test his waste (not an extract or filtrate) in accordance with the procedures specified in § 261.22(a)(1), or use knowledge of the waste, to determine if the waste has a

pH less than or equal to two (2.0). If the liquid waste has a pH less than or equal to two (2.0), it is restricted from land disposal and all requirements of part 268 are applicable, except as otherwise specified in this section.

(2) The initial generator of either a liquid hazardous waste containing polychlorinated biphenyls (PCBs) or a liquid or nonliquid hazardous waste containing halogenated organic compounds (HOCs) must test his waste (not an extract or filtrate), or use knowledge of the waste, to determine whether the concentration levels in the waste equal or exceed the prohibition levels specified in this section. If the concentration of PCBs or HOCs in the waste is greater than or equal to the prohibition levels specified in this section, the waste is restricted from land disposal and all requirements of part 268 are applicable, except as otherwise specified in this section.

[52 FR 25790, July 8, 1987, as amended at 52 FR 41296, Oct. 27, 1987; 53 FR 31216, Aug. 17, 1988; 54 FR 36972, Sept. 6, 1989]

§ 268.33 Waste specific prohibitions—First Third Wastes

(a) Effective August 8, 1988, the wastes specified in 40 CFR 261.32 as EPA Hazardous Waste Nos. F006 (nonwastewater), K001, K004 wastes specified in § 268.43(a), K008 wastes specified in § 268.43(a), K016, K018, K019, K020, K021 wastes specified in § 268.43(a), K022 (nonwastewater), K024, K025 nonwastewaters specified

in

§ 268.43(a), K030, K036 (nonwastewater), K037, K044, K045, nonexplosive K046 (nonwastewater), K047, K060 (nonwastewater), K061 (nonwastewaters containing less than 15% zinc), K062, non CaS0, K069 (nonwastewaters), K086 (solvent washes), K087, K099, K100 nonwastewaters specified in § 268.43(a), K101 (wastewater), K101 (nonwastewater, low arsenic subcategory-less than 1% total arsenic), K102 (wastewater), K102 (nonwastewater, low arsenic subcategory-less than 1% total arsenic), K103, and K104 are prohibited from land disposal (except in an injection well).

(1) Effective August 8, 1988 and continuing until August 7, 1990, K061 wastes containing 15% zinc or greater

are prohibited from land disposal pursuant to the treatment standards specified in § 268.41 applicable to K061 wastes that contain less than 15% zinc.

(b) Effective August 8, 1990, the waste specified in 40 CFR 261.32 as EPA Hazardous Waste Nos. K071 is prohibited from land disposal.

(c) Effective August 8, 1990, the wastes specified in 40 CFR 268.10 having a treatment standard in subpart D of this part based on incineration and which are contaminated soil and debris are prohibited from land disposal.

(d) Between November 8, 1988 and August 8, 1990, wastes included in paragraphs (b) and (c) of this section may be disposed of in a landfill or surface impoundment only if such unit is in compliance with the requirements specified in § 268.5(h)(2).

(e) The requirements of paragraphs (a), (b), (c), and (d) of this section do not apply if:

(1) The wastes meet the applicable standards specified in subpart D of this part; or

(2) Persons have been granted an exemption from a prohibition pursuant to a petition under § 268.6, with respect to those wastes and units covered by the petition; or

(3) Persons have been granted an extension to the effective date of a prohibition pursuant to § 268.5, with respect to those wastes covered by the extension.

(f) Between August 8, 1988, and May 8, 1990, the wastes specified in § 268.10 for which treatment standards under subpart D of this part have not been promulgated, including those wastes which are subject to the statutory prohibitions of RCRA section 3004(d) or codified prohibitions under § 268.32 of this part, but not including wastes subject to a treatment standard under § 268.42 of this part, are prohibited from disposal in a landfill or surface impoundment unless a demonstration and certification have been submitted to § 268.8.

(g) To determine whether a hazardous waste listed in § 268.10 exceeds the applicable treatment standards specified in § 268.41 and § 268.43, the initial generator must test a representative sample of the waste extract or the

entire waste depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable subpart D levels, the waste is prohibited from land disposal and all requirements of part 268 are applicable, except as otherwise specified.

[53 FR 31217, Aug. 17, 1988, as amended at 54 FR 36972, Sept. 6, 1989; 55 FR 23935, June 13, 1990; 56 FR 3878, Jan. 31, 1991]

(a) Effective June 8, 1989, the following wastes specified in 40 CFR 261.31 as EPA Hazardous Waste Nos. F010; F024; the wastes specified in 40 CFR 261.32 as EPA Hazardous Waste Nos. K005, K007; K009 (nonwastewaters), K010; K023; K027; K028; K029 (nonwastewaters); K036 (wastewaters); K038; K039; K040; K043; K093; K094; K095 (nonwastewaters); K096 (nonwastewaters); K113; K114; K115; K116; and the wastes specified in 40 CFR 261.33 as EPA Hazardous Waste Nos. P013; P021; P029; P030; P039; P040; P041; P043; P044; P062; P063; P071; P074; P085; P089; P094: P097; P098; P099; P104; P106; P109; P111; P121; U028; U058; U069; U087; U088; U102; U107; U221; U223; and U235 are prohibited from land disposal.

(b) Effective June 8, 1989, the following wastes specified in 40 CFR 261.32 as EPA Hazardous Waste Nos. K009 (wastewaters), K011 (nonwastewaters), K013 (nonwastewaters), and K014 (nonwastewaters) are prohibited from land disposal except when they are underground injected pursuant to 40 CFR 148.14(f) and 148.15(d).

(c) Effective July 8, 1989, the wastes specified in 40 CFR 261.31 as EPA Hazardous Waste Nos. F006-cyanide (nonwastewater); F008; F009; F011 (wastewaters) and F012 (wastewaters) are prohibited from land disposal.

(1) Effective July 8, 1989, the following waste specified in 40 CFR 261.31 as EPA Hazardous Waste No. F007 is prohibited from land disposal except when it is underground injected pursuant to 40 CFR 148.14(f).

(2) Effective July 8, 1989 and continuing until December 8, 1989, F011 (nowastewaters) and F012 (nonwastewaters) are prohibited from land disposal pursuant to the treatment standards specified in §§ 268.41 and 268.43 applicable to F007, F008, and F009 nonwastewaters. Effective December 8, 1989 F011 (nowastewaters) and F012 (nonwastewaters) are prohibited from land disposal pursuant to the treatment standards specified in §§ 268.41 and 268.43 applicable to F011 (nonwastewaters) and F012 (nonwastewaters).

(d) Effective June 8, 1991, the wastes specified in this section having a treatment standard in subpart D of this part based on incineration, and which are contaminated soil and debris are prohibited from land disposal.

(e) Between June 8, 1989 and June 8, 1991, (for wastes F007, F008, F009, F011, and F012 between June 8, 1989 and July 8, 1989) wastes included in paragraphs (c) and (d) of this section may be disposed in a landfill or surface impoundment, regardless whether such unit is a new, replacement, or lateral expansion unit, only if such unit is in compliance with the technical requirements specified in § 268.5(h)(2).

(f) The requirements of paragraphs (a), (b), (c), and (d) of this section do not apply if:

(1) The wastes meet the applicable standards specified in subpart D of this part; or

(2) Persons have been granted an exemption from a prohibition pursuant to a petition under § 268.6, with respect to those wastes and units covered by the petition.

(g) The requirements of paragraphs (a), (b), and (c) of this section do not apply if persons have been granted an extension to the effective date of a prohibition pursuant to § 268.5, with respect to those wastes covered by the extension.

(h) Between June 8, 1989 and May 8, 1990, the wastes specified in § 268.11 for which treatment standards under subpart D of this part are not applicable, including California list wastes subject to the statutory prohibitions of RCRA section 3004(d) or codified prohibitions under § 268.32, are prohibited from disposal in a landfill or

surface impoundment unless the wastes are the subject of a valid demonstration and certification pursuant to § 268.8.

in

(i) To determine whether a hazardous waste listed in §§ 268.10, 268.11, and 268.12 exceeds the applicable treatment standards specified §§ 268.41 and 268.43, the initial generator must test a representative sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable subpart D levels, the waste is prohibited from land disposal and all requirements of part 268 are applicable, except as otherwise specified. [54 FR 26648, June 23, 1989]

§ 268.35 Waste specific

Third Third wastes.

K017;

prohibitions

(a) Effective August 8, 1990, the following wastes specified in 40 CFR 261.31 as EPA Hazardous Waste Numbers F002 (1,1,2-trichloroethane), F005 (benzene), F005 (2-ethoxy ethanol) F005 (2-nitropropane), F006 (wastewaters), F019, F025, and F039 (wastewaters); the wastes specified in 40 CFR 261.32 as EPA Hazardous Waste Numbers K002; K003; K004 (wastewaters); K005 (wastewaters); K006; K008 (wastewaters); K011 (wastewaters); K013 (wastewaters); K014 (wastewaters); K015 (nonwastewaters); K021 (wastewaters); K022 (wastewaters); K025 (wastewaters); K026; K029 (wastewaters); K031 (wastewaters); K032; K033; K034; K035; K041; K042; K046 (wastewaters, reactive nonwastewaters); K048 (wastewaters); (wastewaters); (wastewaters); K051 (wastewaters); (wastewaters); (wastewaters); K061 (wastewaters) and (high zinc subcategory > 15% zinc); K069 (wastewaters, calcium sulfate nonwastewaters); K073, K083; K084 (wastewaters); K085; K095 (wastewaters); K096 (wastewaters); K097; K098; K100 (wastewaters); K101 (wastewaters); K102 (wastewaters); K105; and K106 (wastewaters); the wastes specified in 40 CFR 261.33(e) as

K049

K052

K050

K060

EPA Hazardous Waste Numbers P001; P002; P003; P004; P005; P006; P007; P008; P009; P010 (wastewaters); P011 (wastewaters); P012 (wastewaters); P014; P015; P016; P017; P018; P020; P022; P023; P024; P026; P027; P028; P031; P033; P034; P036 (wastewaters); P037; P038 (wastewaters); P042; P045; P046; P047; P048; P049; P050; P051; P054; P056; P057; P058; P059; P060; P064; P065 (wastewaters); P066; P067; P068; P069; P070; P072; P073; P075; P076; P077; P078; P081; P082; P084; P088; P092 (wastewaters); P093; P095; P096; P101; P102; P103; P105; P108; P110; P112; P113; P114; P115; P116; P118; P119; P120; P122; and P123; and the wastes specified in 40 CFR 261.33(f) as EPA Hazardous Waste Numbers U001; U002; U003; U004; U005; U006; U007; U008; U009; U010; U011; U012; U014; U015; U016; U017; U018; U019; U020; U021; U022; U023; U024; U025; U026; U027; U029; U030; U031; U032; U033; U034; U035; U036; U037; U038; U039; U041; U042; U043; U044; U045; U046; U047; U048; U049; U050; U051; U052; U053; U055; U056; U057; U059; U060; U061; U062; U063; U064; U066; U067; U068; U070; U071; U072; U073; U074; U075; U076; U077; U078; U079; U080; U081; U082; U083; U084; U085; U086; U089; U090; U091; U092; U093; U094; U095; U096; U097; U098; U099; U101; U103; U105; U106; U108; U109; U110; U111; U112; U113; U114; U115; U116; U117; U118; U119; U120; U121; U122; U123; U124; U125; U126; U127; U128; U129; U130; U131; U132; U133; U134; U135; U136 (wastewaters); U137; U138; U140; U141; U142; U143; U144; U145; U146; U147; U148; U149; U150; U151 (wastewaters); U152; U153; U154; U155; U156; U157; U158; U159; U160; U161; U162; U163; U164; U165; U166; U167; U168; U169; U170; U171; U172; U173; U174; U176; U177; U178; U179; U180; U181; U182; U183; U184; U185; U186; U187; U188; U189; U191; U192; U193; U194; U196; U197; U200; U201; U202; U203; U204; U205; U206; U207; U208; U209; U210; U211; U213; U214; U215; U216; U217; U218; U219; U220; U222; U225; U226; U227; U228; U234; U236; U237; U238; U239; U240; U243; U244; U246; U247; U248; U249; and the following wastes identified as hazardous based on a characteristic alone: