40 C.F.R. § 268.33

Waste specific prohibitions—chlorinated aliphatic wastes

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(a) Effective May 8, 2001, the wastes specified in 40 CFR part 261 as EPA Hazardous Wastes Numbers K174, and K175, soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal.

(b) The requirements of paragraph (a) of this section do not apply if:

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

(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;

(3) The wastes meet the applicable treatment standards established pursuant to a petition granted under § 268.44;

(4) Hazardous debris has met the treatment standards in § 268.40 or the alternative treatment standards in § 268.45; or

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

(c) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in § 268.40, the initial generator must test a 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 regulated constituents in excess of the applicable levels of subpart D of this part, the waste is prohibited from land disposal, and all requirements of part 268 are applicable, except as otherwise specified.

(d) Disposal of K175 wastes that have complied with all applicable 40 CFR 268.40 treatment standards must also be macroencapsulated in accordance with 40 CFR 268.45 Table 1 unless the waste is placed in:

(1) A Subtitle C monofill containing only K175 wastes that meet all applicable 40 CFR 268.40 treatment standards; or

(2) A dedicated Subtitle C landfill cell in which all other wastes being co-disposed are at pH≤6.0.

[65 FR 67127, Nov. 8, 2000]

Notes of Decisions

Cited in 2 cases, 1991–1994 · leading case: Hatco Corp. v. W.R. Grace & Co.—Conn., 849 F. Supp. 931 (D.N.J. 1994).

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Hatco Corp. v. W.R. Grace & Co.—Conn., 849 F. Supp. 931 (D.N.J. 1994). “40 C.F.R. § 268.33 (g) (1988). 23 . The Court is disturbed by the fact that Hateo did not pin down accurate K024 concentrations prior to excavation and the imposition of the land ban.”

United States v. Prod. Plated Plastics, Inc., 762 F. Supp. 722 (W.D. Mich. 1991). “The plan requires that wastes be treated “at a licensed hazardous waste management facility that will render the waste acceptable for disposal in accordance with the land ban restrictions specified in 1988 40 C.F.R. § 268.33 and 268.40.” Approved Closure Plan, Modification 12.”

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