(a) Requirements
for generators and reverse distributors:
(1)
A generator of hazardous waste shall 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 Sections
R315-268-40,
R315-268-45,
or
R315-268-49.
This determination can be made concurrently with the hazardous waste
determination required in Section
R315-262-11,
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 of Evaluating Solid Waste, Physical/Chemical Methods," EPA
Publication SW-846, incorporated by reference, see Section
R315-260-11, 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 shall send the waste to a hazardous waste
treatment facility permitted under Section
19-6-108,
where the waste treatment facility shall comply with the requirements of
Section
R315-264-13
and Subsection R315-268-7(b). In addition, certain hazardous wastes shall be
treated by particular treatment methods before they can be land disposed and
soils contaminated by such hazardous wastes. These treatment standards are also
found in Section
R315-268-40
and are described in detail in Section
R315-268-42,
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 shall comply with the special requirements of Section
R315-268-9
in addition to any applicable requirements in Section R315-268-7.
(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 shall be treated, with the initial shipment
of waste to each treatment or storage facility, the generator shall send a
one-time written notice to each treatment or storage facility receiving the
waste, and place a copy in the file. The notice shall include the information
in column "268-7(a)(2)" of the Generator Paperwork Requirements Table in
Subsection R315-268-7(a)(4). Alternatively, if the generator chooses not to
make the determination of whether the waste shall be treated, the notification
shall include the EPA Hazardous Waste Numbers and Manifest Number of the first
shipment and shall state "This hazardous waste may or may not be subject to the
LDR treatment standards. The treatment facility shall make the determination."
No further notification is necessary until such time that the waste or facility
change, in which case a new notification shall be sent and a copy placed in the
generator's file.
(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 shall
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 shall include the
information indicated in column "268-7(a)(3)" of the Generator Paperwork
Requirements Table in Subsection R315-268-7(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 Sections
R315-268-40
through
R315-268-49.
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 shall send a one-time written notice to each facility
receiving the waste and place a copy in the file. The notice shall include the
information in column "268-7(a)(3)" of the Generator Paperwork Requirements
Table in Subsection R315-268-7(a)(4).
(iii) If the waste changes, the generator
shall 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 Subsection
R315-261-3(f)
are not subject to these requirements.
(4) For reporting, tracking, and
recordkeeping if 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 Section
R315-268-5,
disposal in a no-migration unit under Section
R315-268-6,
or a national capacity variance or case-by-case capacity variance under
Sections
R315-268-20
through
R315-268-39.
If a generator's waste is so exempt, then with the initial shipment of waste,
the generator shall send a one-time written notice to each land disposal
facility receiving the waste. The notice shall include the information
indicated in column "268-7(a)(4)" of the Generator Paperwork Requirements Table
below. If the waste changes, the generator shall send a new notice to the
receiving facility, and place a copy in their files.
TABLE 1
Generator Paperwork Requirements
|
Required information
|
268-7 (a)(2)
|
268-7 (a)(3)
|
268-7 (a)(4)
|
268-7 (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 each
constituent. If each constituent will be treated and monitored, there is no
need to put each of them on the LDR notice
|
X
|
X
|
|
|
|
4. The notice shall include the applicable wastewater
or nonwastewater category (see Section
R315-268-2(d)
and
R315-268-2(f)
) and subdivisions made within a waste code based on waste-specific criteria,
such as D003 reactive cyanide
|
X
|
X
|
|
|
|
5. Waste analysis data, if available
|
X
|
X
|
X
|
|
|
6. Date the waste is subject to the
prohibition
|
|
|
X
|
|
|
7. For hazardous debris, if treating with the
alternative treatment technologies provide by Section
R315-268-45:
the contaminants subject to treatment, as described in Section
R315-268-45(b);
and an indication that these contaminants are being treated to comply with
Section
R315-268-45
|
X
|
|
|
X
|
|
8. For contaminated soil X subject to LDRs as
provided in Subsection
R315-268-49(a),
the constituents subject to treatment as described in Subsection
R315-268-49(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 Subsection
R315-268-49(c)
or the universal treatment standards"
|
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 Sections
R315-262-15,
R315-262-16,
and
R315-262-17
to meet applicable LDR treatment standards found at Section
R315-268-40,
the generator shall develop and follow a written waste analysis plan which
describes the procedures it will carry out to comply with the treatment
standards. Generators treating hazardous debris under the alternative treatment
standards of Table 1 to Section
R315-268-45,
however, are not subject to these waste analysis requirements. The plan shall
be kept on site in the generator's records, and the following requirements
shall be met:
(i) The waste analysis plan
shall be based on a detailed chemical and physical analysis of a representative
sample of the prohibited waste(s) being treated, and contain the information
necessary to treat the wastes in accordance with the requirements of Rule
R315-268, including the selected testing frequency.
(ii) Such plan shall be kept in the
facility's on-site files and made available to inspectors.
(iii) Wastes shipped off-site pursuant to
Subsection R315-268-7(a) shall comply with the notification requirements of
Subsection R315-268-7(a)(3).
(6) If a generator determines that the waste
or contaminated soil is restricted based solely on his knowledge of the waste,
the supporting data used to make this determination shall 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 Section
R315-260-11, and the
waste analysis data shall be retained on-site in the generator's
files.
(7) If a generator
determines that he is managing a prohibited waste that is excluded from the
definition of hazardous or solid waste or is exempted from regulation under
Sections
R315-261-2
through
R315-261-6
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 Subsection
R315-261-4(a)(2)
or that are CWA-equivalent, or are managed in an underground injection well
regulated by the SDWA, he shall place a one-time notice describing such
generation, subsequent exclusion from the definition of hazardous or solid
waste or exemption from regulation under Sections
R315-261-2
through
R315-261-6,
and the disposition of the waste, in the facility's on-site files.
(8) Generators shall retain on-site a copy of
the notices, certifications, waste analysis data, and other documentation
produced pursuant to Section R315-268-7 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 Subsection R315-268-7(a) apply to solid wastes
even if the hazardous characteristic is removed prior to disposal, or if the
waste is excluded from the definition of hazardous or solid waste under
Sections
R315-261-2
through
R315-261-6,
or exempted from hazardous waste 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 Subsection
R315-268-42(c):
(i) With the initial shipment of waste to a
treatment facility, the generator shall submit a notice that provides the
information in column "268-7(a)(9)" in the Generator Paperwork Requirements
Table of Subsection R315-268-7(a)(4), and the following certification. The
certification, which shall be signed by an authorized representative and shall
be placed in the generator's files, shall 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 Rule R315-268 and that
this lab pack will be sent to a combustion facility in compliance with the
alternative treatment standards for lab packs at Subsection
R315-268-42(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 shall
be sent and a copy placed in the generator's file.
(iii) If the lab pack contains characteristic
hazardous wastes, D001-D043 excluding D009, underlying hazardous constituents,
as defined in Subsection
R315-268-2(i)
need not be determined.
(iv) The
generator shall also comply with the requirements in Subsections
R315-268-7(a)(6) and R315-268-7(a)(7).
(10) Small quantity generators with tolling
agreements pursuant to Subsection
R315-262-20(e)
shall comply with the applicable notification and certification requirements of
Subsection R315-268-7(a) for the initial shipment of the waste subject to the
agreement. Such generators shall 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 shall test their wastes according to the frequency specified in
their waste analysis plans as required by Section
R315-264-13,
for permitted TSDs, or Section
R315-265-13,
for interim status facilities. Such testing shall be performed as provided in
Subsections R315-268-7(b)(1), R315-268-7(b)(2) and R315-268-7(b)(3).
(1) For wastes or contaminated soil with
treatment standards expressed in the waste extract, TCLP, the owner or operator
of the treatment facility shall 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," E PA Publication SW-846 as incorporated by reference in Section
R315-260-11, 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 shall test the treatment residues,
not an extract of such residues, to assure that they meet the applicable
treatment standards.
(3) A one-time
notice shall be sent with the initial shipment of waste or contaminated soil to
the land disposal facility. A copy of the notice shall 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 shall be sent and a copy placed in the
treatment facility's file.
(ii) The
one-time notice shall include these requirements:
TABLE 2
Treatment Facility Paperwork Requirements
|
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 each
constituent. If each constituent will be treated and monitored, there is no
need to put each of them on the LDR notice.
|
X
|
|
3. The notice shall include the applicable wastewater
or nonwastewater category, see Subsections
R315-268-2(d)
and
R315-268-2(f)
) an subdivisions made within a waste code based on waste-specific criteria,
such as D003 reactive cyanide
|
X
|
|
4. Waste analysis data, if available
|
X
|
|
5. For contaminated soil subject to LDRs as provided
in Subsection
R315-268-49(a),
the constituents subject to treatment as described in Subsection
R315-268-49(d)
and the following statement, "this contaminated soil, does/does not, exhibit a
characteristic of hazardous waste and, is subject to/complies with, the soil
treatment standards as provided by Subsection
R315-268-49(c)
".
|
X
|
|
6. A certification is needed, see applicable section
for exact wording
|
X
|
(4) The treatment facility shall 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 shall 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 Section
R315-268-40
without impermissible dilution of the prohibited waste. I am aware 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 shall 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 Section
R315-268-49
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 shall 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 shall
be sent to the receiving facility, and a copy placed in the file.
(ii) Debris excluded from the definition of
hazardous waste under Subsection
R315-261-3(f)
that is debris treated by an extraction or destruction technology provided by
Table 1, Section
R315-268-45,
and debris that the Director has determined does not contain hazardous waste,
however, is subject to the notification and certification requirements of
Subsection R315-268-7(d) rather than the certification requirements of
Subsection R315-268-7(b).
(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
Subsection
R315-268-40(d),
the certification, signed by an authorized representative, shall 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 Section
R315-268-42,
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 Section
R315-268-40,
other than those expressed as a method of treatment, or Section
R315-268-49,
and that contain underlying hazardous constituents as defined in Subsection
R315-268-2(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 shall state the following:
I certify under penalty of law that the waste has been
treated in accordance with the requirements of Section
R315-268-40
or
R315-268-49
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
Subsection
R315-268-2(i)
that are treated on-site to remove the hazardous characteristic to treat
underlying hazardous constituents to levels in Section
R315-268-48
Universal Treatment Standards, the certification shall state the following:
I certify under penalty of law that the waste has been
treated in accordance with the requirements of Section
R315-268-40
to remove the hazardous characteristic and that underlying hazardous
constituents, as defined in Subsection
R315-268-2(i)
have been treated on-site to meet the Section
R315-268-48
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 shall comply with the notice and certification requirements applicable
to generators under Section R315-268-7.
(6) Where the wastes are recyclable materials
used in a manner constituting disposal subject to Subsection
R315-266-20(b)
regarding treatment standards and prohibition levels, the owner or operator of
a treatment facility, that is the recycler, shall, for the initial shipment of
waste, prepare a one-time certification described in Subsection
R315-268-7(b)(4), and a one-time notice which includes the information in
Subsection R315-268-7(b)(3), except the manifest number. The certification and
notification shall be placed in the facility's on-site files. If the waste or
the receiving facility changes, a new certification and notification shall be
prepared and placed in the on-site files. In addition, the recycling facility
shall also keep records of the name and location of each entity receiving the
hazardous waste-derived product.
(d) Generators or treaters who
first claim that hazardous debris is excluded from the definition of hazardous
waste under Subsection
R315-261-3(f)
that is debris treated by an extraction or destruction technology provided by
Table 1, Section
R315-268-45,
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, including the
following information, shall be submitted to the Director:
(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 Numbers;
and
(iii) For debris excluded under
Subsection
R315-261-3(f)(1),
the technology from Table 1, Section
R315-268-45,
used to treat the debris.
(2) The notification shall be updated if the
debris is shipped to a different facility, and, for debris excluded under
Subsection
R315-261-2(f)(1),
if a different type of debris is treated or if a different technology is used
to treat the debris.
(3) For debris
excluded under Subsection
R315-261-3(f)(1),
the owner or operator of the treatment facility shall document and certify
compliance with the treatment standards of Table 1, Section
R315-268-45,
as follows:
(i) Records shall be kept of each
inspection, evaluation, and analyses of treated debris that are made to
determine compliance with the treatment standards;
(ii) Records shall 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 shall be signed by an
authorized representative and placed in the facility's files. The certification
shall state the following: "I certify under penalty of law that the debris has
been treated in accordance with the requirements of Section
R315-268-45.
I am aware that there are significant penalties for making a false
certification, including the possibility of fine and imprisonment."
