(a) Applicability. You must comply with LDRs
prior to placing soil that exhibits a characteristic of hazardous waste, or
exhibited a characteristic of hazardous waste at the time it was generated,
into a land disposal unit. The following chart describes whether you must
comply with LDRs prior to placing soil contaminated by listed hazardous waste
into a land disposal unit:
|
If LDRs... ________
|
And If LDRs...____
|
And If...
|
Then You...
|
|
applied to the listed waste when it
contaminated the soil*
|
apply to the listed waste now
|
must comply with LDRs
|
|
didn't apply to the listed waste when it
contaminated the soil*
|
apply to the listed waste now
|
the soil is determined to contain the listed
waste when the soil is first generated
|
must comply with LDRs
|
|
didn't apply to the listed waste when it
contaminated the soil*
|
apply to the listed waste now
|
the soil is determined not to contain the
listed waste when the soil is first generated
|
needn't comply with LDRs
|
|
didn't apply to the listed waste when it
contaminated the soil*
|
don't apply to the listed waste now
|
needn't comply with LDRs
|
* For dates of LDR applicability, see Part 268 Appendix
VII. To determine the date any given listed hazardous waste contaminated any
given volume of soil, use the last date any given listed hazardous waste was
placed into any given land disposal unit or. in the case of an accidental
spill, the date of the spill.
(b) Prior to land disposal, contaminated soil
identified by paragraph (a) of this section as needing to comply with LDRs must
be treated according to the applicable treatment standards specified in
paragraph (c) of this section or according to the Universal Treatment Standards
specified in § 268.48 applicable to the contaminating listed hazardous
waste and/or the applicable characteristic of hazardous waste if the soil is
characteristic. The treatment standards specified in paragraph (c) of this
section and the Universal Treatment Standards may be modified through a
treatment variance approved in accordance with
40 CFR
268.44.
(c)
Treatment standards for
contaminated soils. Prior to land disposal, contaminated soil identified
by paragraph (a) of this section as needing to comply with LDRs must be treated
according to all the standards specified in this subsection or according to the
Universal Treatment Standards specified in § 268.48.
(1)
All soils. Prior to land
disposal, all constituents subject to treatment must be treated as follows:
(i) For non-metals except carbon disulfide,
cyclohexanone, and methanol, treatment must achieve 90 percent reduction in
total constituent concentrations, except as provided by paragraph (c)(1)(iii)
of this section.
(ii) For metals
and carbon disulfide, cyclohexanone, and methanol, treatment must achieve 90
percent reduction in constituent concentrations as measured in leachate from
the treated media (tested according to the TCLP) or 90 percent reduction in
total constituent concentrations (when a metal removal treatment technology is
used), except as provided by paragraph (c)(1)(iii) of this section.
(iii) When treatment of any constituent
subject to treatment to a 90 percent reduction standard would result in a
concentration less than 10 times the Universal Treatment Standard for that
constituent, treatment to achieve constituent concentrations less than 10 times
the universal treatment standard is not required. Universal Treatment Standards
are identified in § 268.48 Table UTS.
(2)
Soils that exhibit the
characteristic of ignitability, corrosivity or reactivity. In addition
to the treatment required by paragraph (c)(1) of this section, prior to land
disposal, soils that exhibit the characteristic of ignitability, corrosivity,
or reactivity must be treated to eliminate these characteristics.
(3)
Soils that contain nonanalyzable
constituents. In addition to the treatment requirements of paragraphs
(c)(1) and (2) of this section, prior to land disposal, the following treatment
is required for soils that contain nonanalyzable constituents:
(i) For soil that contains only analyzable
and nonanalyzable organic constituents, treatment of the analyzable organic
constituents to the levels specified in paragraphs (c)(1) and (2) of this
section; or,
(ii) For soil that
contains only nonanalyzable constituents, treatment by the method(s) specified
in § 268.42 for the waste contained in the soil.
(d)
Constituents subject to
treatment. When applying the soil treatment standards in subsection (c)
of this Subpart, constituents subject to treatment are any constituents listed
in § 268.48, Table UTS-Universal Treatment Standards that are reasonably
expected to be present in any given volume of contaminated soil, except
fluoride, selenium, sulfides, vanadium and zinc, and are present at
concentrations greater than ten times the universal treatment
standard.
(e)
Management of
treatment residuals. Treatment residuals from treating contaminated soil
identified by paragraph (a) of this section as needing to comply with LDRs must
be managed as follows:
(1) Soil residuals are
subject to the treatment standards of this section;
(2) Non-soil residuals are subject to:
(i) For soils contaminated by listed
hazardous waste, the RCRA Subtitle C standards applicable to the listed
hazardous waste; and
(ii) For
soils that exhibit a characteristic of hazardous waste, if the non-soil
residual also exhibits a characteristic of hazardous waste, the treatment
standards applicable to the characteristic hazardous waste.
Notes
6 CCR 1007-3-268.49
37
CR 24, December 25, 2014, effective 3/2/2015
38
CR 11, June 10, 2015, effective 6/30/2015
39
CR 05, March 10, 2016, effective
3/30/2016
39
CR 11, June 10, 2016, effective
6/30/2016
40
CR 06, March 25, 2017, effective
4/14/2017
40
CR 11, June 10, 2017, effective
6/30/2017
40
CR 21, November 10, 2017, effective
11/30/2017
41
CR 06, March 25, 2018, effective
4/14/2018
41
CR 11, June 10, 2018, effective
6/30/2018
41
CR 24, December 25, 2018, effective
1/14/2019
42
CR 06, March 25, 2019, effective
4/14/2019
42
CR 06, March 25, 2019, effective
5/30/2019
42
CR 11, June 10, 2019, effective
6/30/2019
43
CR 12, June 25, 2020, effective
7/15/2020
44
CR 06, March 25, 2021, effective
4/14/2021
44
CR 11, June 10, 2021, effective
6/30/2021
44
CR 24, December 25, 2021, effective
1/14/2022
45
CR 11, June 10, 2022, effective
6/30/2022
45
CR 17, September 10, 2022, effective
9/10/2022
45
CR 17, September 10, 2022, effective
9/30/2022
45
CR 23, December 10, 2022, effective
1/30/2023
