40 C.F.R. § 268.41
Treatment standards expressed as concentrations in waste extract
For the requirements previously found in this section and for treatment standards in Table CCWE—Constituent Concentrations in Waste Extracts, refer to § 268.40.
Notes of Decisions
Cited in 4
cases, 1990–1996 · leading case: United States of Am., United States of Am., State of Louisiana, Intervenor-Appellee v. Marine Shale Processors, Cross-Appellee, 81 F.3d 1329 (5th Cir. 1996).
United States of Am., United States of Am., State of Louisiana, Intervenor-Appellee v. Marine Shale Processors, Cross-Appellee, 81 F.3d 1329 (5th Cir. 1996). “See 40 C.F.R. § 268.41 (a) (1994), superseded, Final Rule, Land Disposal Restrictions Phase II, 59 Fed.”
Chem. Waste Mgmt., Inc. v. United States Env't Prot. Agency, 976 F.2d 2 (D.C. Cir. 1992). “Implementing this preference, the rule amends 40 C.F.R. § 268.41 (a) as follows: “Compliance with [the allowable waste concentrations established herein] is required based upon grab samples.”
Am. Petroleum Inst. v. United States Env't Prot. Agency, 906 F.2d 729 (D.C. Cir. 1990). “Land Treatment EPA’s First-Third Rule established BDATs for the petroleum refining wastes with the waste codes K048-K052, as set forth in 40 C.F.R. §§ 268.41 . 2 The standards chosen by EPA are based on incineration and solvent extraction technology.”
United States v. Marine Shale Processors (5th Cir. 1996). “At the times relevant to this litigation, 40 C.F.R. § 268.41 (a) stated that “[c]ompliance with these concentrations is required based on grab samples.”
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