Code of Federal Regulations (alpha)

CFR /  Title 40  /  Part 268  /  Sec. 268.45 Treatment standards for hazardous debris.

(a) Treatment standards. Hazardous debris must be treated prior to land disposal as follows unless EPA determines under Sec. 261.3(f)(2) of this chapter that the debris is no longer contaminated with hazardous waste or the debris is treated to the waste-specific treatment standard provided in this subpart for the waste contaminating the debris:

(1) General. Hazardous debris must be treated for each ``contaminant subject to treatment'' defined by paragraph (b) of this section using the technology or technologies identified in Table 1 of this section.

(2) Characteristic debris. Hazardous debris that exhibits the characteristic of ignitability, corrosivity, or reactivity identified under Sec. Sec. 261.21, 261.22, and 261.23 of this chapter, respectively, must be deactivated by treatment using one of the technologies identified in Table 1 of this section.

(3) Mixtures of debris types. The treatment standards of Table 1 in this section must be achieved for each type of debris contained in a mixture of debris types. If an immobilization technology is used in a treatment train, it must be the last treatment technology used.

(4) Mixtures of contaminant types. Debris that is contaminated with two or more contaminants subject to treatment identified under paragraph (b) of this section must be treated for each contaminant using one or more treatment technologies identified in Table 1 of this section. If an immobilization technology is used in a treatment train, it must be the last treatment technology used.

(5) Waste PCBs. Hazardous debris that is also a waste PCB under 40 CFR part 761 is subject to the requirements of either 40 CFR part 761 or the requirements of this section, whichever are more stringent.

(b) Contaminants subject to treatment. Hazardous debris must be treated for each ``contaminant subject to treatment.'' The contaminants subject to treatment must be determined as follows:

(1) Toxicity characteristic debris. The contaminants subject to treatment for debris that exhibits the Toxicity Characteristic (TC) by Sec. 261.24 of this chapter are those EP constituents for which the debris exhibits the TC toxicity characteristic.

(2) Debris contaminated with listed waste. The contaminants subject to treatment for debris that is contaminated with a prohibited listed hazardous waste are those constituents or wastes for which treatment standards are established for the waste under Sec. 268.40.

(3) Cyanide reactive debris. Hazardous debris that is reactive because of cyanide must be treated for cyanide.

(c) Conditioned exclusion of treated debris. Hazardous debris that has been treated using one of the specified extraction or destruction technologies in Table 1 of this section and that does not exhibit a characteristic of hazardous waste identified under subpart C, part 261, of this chapter after treatment is not a hazardous waste and need not be managed in a subtitle C facility. Hazardous debris contaminated with a listed waste that is treated by an immobilization technology specified in Table 1 is a hazardous waste and must be managed in a subtitle C facility.

(d) Treatment residuals--(1) General requirements. Except as provided by paragraphs (d)(2) and (d)(4) of this section:

(1) General requirements. Except as provided by paragraphs (d)(2) and (d)(4) of this section:

(i) Residue from the treatment of hazardous debris must be separated from the treated debris using simple physical or mechanical means; and

(ii) Residue from the treatment of hazardous debris is subject to the waste-specific treatment standards provided by subpart D of this part for the waste contaminating the debris.

(2) Nontoxic debris. Residue from the deactivation of ignitable, corrosive, or reactive characteristic hazardous debris (other than cyanide-reactive) that is not contaminated with a contaminant subject to treatment defined by paragraph (b) of this section, must be deactivated prior to land disposal and is not subject to the waste-specific treatment standards of subpart D of this part.

(3) Cyanide-reactive debris. Residue from the treatment of debris that is reactive because of cyanide must meet the treatment standards for D003 in ``Treatment Standards for Hazardous Wastes'' at Sec. 268.40.

(4) Ignitable nonwastewater residue. Ignitable nonwastewaster residue containing equal to or greater than 10% total organic carbon is subject to the technology specified in the treatment standard for D001: Ignitable Liquids.

(5) Residue from spalling. Layers of debris removed by spalling are hazardous debris that remain subject to the treatment standards of this section.

Table 1--Alternative Treatment Standards For Hazardous Debris \1\------------------------------------------------------------------------

Performance and/or

Technology description design and operating Contaminant

standard restrictions \2\------------------------------------------------------------------------A. Extraction Technologies:

1. Physical Extraction

a. Abrasive Blasting: Glass, Metal, All Debris: None.

Removal of contaminated Plastic, Rubber:

debris surface layers Treatment to a

using water and/or air clean debris

pressure to propel a surface.\3\.

solid media (e.g., steel Brick, Cloth,

shot, aluminum oxide Concrete, Paper,

grit, plastic beads). Pavement, Rock,

Wood: Removal of at

least 0.6 cm of the

surface layer;

treatment to a

clean debris

surface.\3\.

b. Scarification, Same as above....... Same as above.

Grinding, and Planing:

Process utilizing

striking piston heads,

saws, or rotating

grinding wheels such that

contaminated debris

surface layers are

removed.

c. Spalling: Drilling or Same as above....... Same as above.

chipping holes at

appropriate locations and

depth in the contaminated

debris surface and

applying a tool which

exerts a force on the

sides of those holes such

that the surface layer is

removed. The surface

layer removed remains

hazardous debris subject

to the debris treatment

standards.

d. Vibratory Finishing: Same as above....... Same as above.

Process utilizing

scrubbing media, flushing

fluid, and oscillating

energy such that

hazardous contaminants or

contaminated debris

surface layers are

removed.\4\

e. High Pressure Steam and Same as above....... Same as above.

Water Sprays: Application

of water or steam sprays

of sufficient

temperature, pressure,

residence time,

agitation, surfactants,

and detergents to remove

hazardous contaminants

from debris surfaces or

to remove contaminated

debris surface layers.

2. Chemical Extraction

a. Water Washing and All Debris: Brick, Cloth,

Spraying: Application of Treatment to a Concrete, Paper,

water sprays or water clean debris Pavement, Rock,

baths of sufficient surface \3\; Wood: Contaminant

temperature, pressure, Brick, Cloth, must be soluble to

residence time, Concrete, Paper, at least 5% by

agitation, surfactants, Pavement, Rock, weight in water

acids, bases, and Wood: Debris must solution or 5% by

detergents to remove be no more than 1.2 weight in emulsion;

hazardous contaminants cm (\1/2\ inch) in if debris is

from debris surfaces and one dimension contaminated with a

surface pores or to (i.e., thickness dioxin-listed

remove contaminated limit,\5\ except waste,\6\ an

debris surface layers. that this thickness ``Equivalent

limit may be waived Technology''

under an approval under Sec.

``Equivalent 268.42(b) must be

Technology'' obtained.\8\

approval under Sec.

268.42(b);\8\

debris surfaces

must be in contact

with water solution

for at least 15

minutes.

b. Liquid Phase Solvent Same as above....... Brick, Cloth,

Extraction: Removal of Concrete, Paper,

hazardous contaminants Pavement, Rock,

from debris surfaces and Wood: Same as

surface pores by applying above, except that

a nonaqueous liquid or contaminant must be

liquid solution which soluble to at least

causes the hazardous 5% by weight in the

contaminants to enter the solvent.

liquid phase and be

flushed away from the

debris along with the

liquid or liquid solution

while using appropriate

agitation, temperature,

and residence time.\4\

c. Vapor Phase Solvent Same as above, Same as above.

Extraction: Application except that brick,

of an organic vapor using cloth, concrete,

sufficient agitation, paper, pavement,

residence time, and rock and wood

temperature to cause surfaces must be in

hazardous contaminants on contact with the

contaminated debris organic vapor for

surfaces and surface at least 60 minutes.

pores to enter the vapor

phase and be flushed away

with the organic

vapor.\4\

3. Thermal Extraction

a. High Temperature Metals For refining Debris contaminated

Recovery: Application of furnaces, treated with a dioxin-

sufficient heat, debris must be listed waste:\5\

residence time, mixing, separated from Obtain an

fluxing agents, and/or treatment residuals ``Equivalent

carbon in a smelting, using simple Technology''

melting, or refining physical or approval under Sec.

furnace to separate mechanical 268.42(b).\8\

metals from debris. means,\9\ and,

prior to further

treatment, such

residuals must meet

the waste-specific

treatment standards

for organic

compounds in the

waste contaminating

the debris.

b. Thermal Desorption: All Debris: Obtain All Debris: Metals

Heating in an enclosed an ``Equivalent other than mercury.

chamber under either Technology''

oxidizing or nonoxidizing approval under Sec.

atmospheres at sufficient 268.42(b);\8\

temperature and residence treated debris must

time to vaporize be separated from

hazardous contaminants treatment residuals

from contaminated using simple

surfaces and surface physical or

pores and to remove the mechanical

contaminants from the means,\9\ and,

heating chamber in a prior to further

gaseous exhaust gas.\7\ treatment, such

residue must meet

the waste-specific

treatment standards

for organic

compounds in the

waste contaminating

the debris.

Brick, Cloth,

Concrete, Paper,

Pavement, Rock,

Wood: Debris must

be no more than 10

cm (4 inches) in

one dimension

(i.e., thickness

limit),\5\ except

that this thickness

limit may be waived

under the

``Equivalent

Technology''

approval.B. Destruction Technologies:

1. Biological Destruction All Debris: Obtain All Debris: Metal

(Biodegradation): Removal an ``Equivalent contaminants.

of hazardous contaminants Technology''

from debris surfaces and approval under Sec.

surface pores in an 268.42(b);\8\

aqueous solution and treated debris must

biodegradation of organic be separated from

or nonmetallic inorganic treatment residuals

compounds (i.e., using simple

inorganics that contain physical or

phosphorus, nitrogen, or mechanical

sulfur) in units operated means,\9\ and,

under either aerobic or prior to further

anaerobic conditions. treatment, such

residue must meet

the waste-specific

treatment standards

for organic

compounds in the

waste contaminating

the debris.

Brick, Cloth,

Concrete, Paper,

Pavement, Rock,

Wood: Debris must

be no more than 1.2

cm (\1/2\ inch) in

one dimension

(i.e., thickness

limit),\5\ except

that this thickness

limit may be waived

under the

``Equivalent

Technology''

approval.

2. Chemical Destruction

a. Chemical Oxidation: All Debris: Obtain All Debris: Metal

Chemical or electrolytic an ``Equivalent contaminants.

oxidation utilizing the Technology''

following oxidation approval under Sec.

reagents (or waste 268.42(b);\8\

reagents) or combination treated debris must

(1) be separated from

hypochlorite (e.g., treatment residuals

bleach); (2) chlorine; using simple

(3) chlorine dioxide; (4) physical or

ozone or UV (ultraviolet mechanical

light) assisted ozone; means,\9\ and,

(5) peroxides; (6) prior to further

persulfates; (7) treatment, such

perchlorates; (8) residue must meet

permanganates; and/or (9) the waste-specific

other oxidizing reagents treatment standards

of equivalent destruction for organic

efficiency.\4\ Chemical compounds in the

oxidation specifically waste contaminating

includes what is referred the debris.

to as alkaline Brick, Cloth,

chlorination. Concrete, Paper,

Pavement, Rock,

Wood: Debris must

be no more than 1.2

cm (\1/2\ inch) in

one dimension

(i.e., thickness

limit),\5\ except

that this thickness

limit may be waived

under the

``Equivalent

Technology''

approval.

b. Chemical Reduction: Same as above....... Same as above.

Chemical reaction

utilizing the following

reducing reagents (or

waste reagents) or

combination of reagents:

(1) sulfur dioxide; (2)

sodium, potassium, or

alkali salts of sulfites,

bisulfites, and

metabisulfites, and

polyethylene glycols

(e.g., NaPEG and KPEG);

(3) sodium hydrosulfide;

(4) ferrous salts; and/or

(5) other reducing

reagents of equivalent

efficiency.\4\

3. Thermal Destruction: Treated debris must Brick, Concrete,

Treatment in an be separated from Glass, Metal,

incinerator operating in treatment residuals Pavement, Rock,

accordance with Subpart O using simple Metal: Metals other

of Parts 264 or 265 of physical or than mercury,

this chapter; a boiler or mechanical except that there

industrial furnace means,\9\ and, are no metal

operating in accordance prior to further restrictions for

with Subpart H of Part treatment, such vitrification.

266 of this chapter, or residue must meet Debris contaminated

other thermal treatment the waste-specific with a dioxin-

unit operated in treatment standards listed waste.\6\

accordance with Subpart for organic Obtain an

X, Part 264 of this compounds in the ``Equivalent

chapter, or Subpart P, waste contaminating Technology''

Part 265 of this chapter, the debris. approval under Sec.

but excluding for 268.42(b),\8\

purposes of these debris except that this

treatment standards requirement does

Thermal Desorption units. not apply to

vitrification.C. Immobilization

Technologies:

1. Macroencapsulation: Encapsulating None.

Application of surface material must

coating materials such as completely

polymeric organics (e.g., encapsulate debris

resins and plastics) or and be resistant to

use of a jacket of inert degradation by the

inorganic materials to debris and its

substantially reduce contaminants and

surface exposure to materials into

potential leaching media. which it may come

into contact after

placement

(leachate, other

waste, microbes).

2. Microencapsulation: Leachability of the None.

Stabilization of the hazardous

debris with the following contaminants must

reagents (or waste be reduced.

reagents) such that the

leachability of the

hazardous contaminants is

reduced: (1) Portland

cement; or (2) lime/

pozzolans (e.g., fly ash

and cement kiln dust).

Reagents (e.g., iron

salts, silicates, and

clays) may be added to

enhance the set/cure time

and/or compressive

strength, or to reduce

the leachability of the

hazardous

constituents.\5\

3. Sealing: Application of Sealing must avoid None.

an appropriate material exposure of the

which adheres tightly to debris surface to

the debris surface to potential leaching

avoid exposure of the media and sealant

surface to potential must be resistent

leaching media. When to degradation by

necessary to effectively the debris and its

seal the surface, sealing contaminants and

entails pretreatment of materials into

the debris surface to which it may come

remove foreign matter and into contact after

to clean and roughen the placement

surface. Sealing (leachate, other

materials include epoxy, waste, microbes).

silicone, and urethane

compounds, but paint may

not be used as a sealant.------------------------------------------------------------------------\1\ Hazardous debris must be treated by either these standards or the

waste-specific treatment standards for the waste contaminating the

debris. The treatment standards must be met for each type of debris

contained in a mixture of debris types, unless the debris is converted

into treatment residue as a result of the treatment process. Debris

treatment residuals are subject to the waste-specific treatment

standards for the waste contaminating the debris.\2\ Contaminant restriction means that the technology is not BDAT for

that contaminant. If debris containing a restricted contaminant is

treated by the technology, the contaminant must be subsequently

treated by a technology for which it is not restricted in order to be

land disposed (and excluded from Subtitle C regulation).\3\ ``Clean debris surface'' means the surface, when viewed without

magnification, shall be free of all visible contaminated soil and

hazardous waste except that residual staining from soil and waste

consisting of light shadows, slight streaks, or minor discolorations,

and soil and waste in cracks, crevices, and pits may be present

provided that such staining and waste and soil in cracks, crevices,

and pits shall be limited to no more than 5% of each square inch of

surface area.\4\ Acids, solvents, and chemical reagents may react with some debris

and contaminants to form hazardous compounds. For example, acid

washing of cyanide-contaminated debris could result in the formation

of hydrogen cyanide. Some acids may also react violently with some

debris and contaminants, depending on the concentration of the acid

and the type of debris and contaminants. Debris treaters should refer

to the safety precautions specified in Material Safety Data Sheets for

various acids to avoid applying an incompatible acid to a particular

debris/contaminant combination. For example, concentrated sulfuric

acid may react violently with certain organic compounds, such as

acrylonitrile.\5\ If reducing the particle size of debris to meet the treatment

standards results in material that no longer meets the 60 mm minimum

particle size limit for debris, such material is subject to the waste-

specific treatment standards for the waste contaminating the material,

unless the debris has been cleaned and separated from contaminated

soil and waste prior to size reduction. At a minimum, simple physical

or mechanical means must be used to provide such cleaning and

separation of nondebris materials to ensure that the debris surface is

free of caked soil, waste, or other nondebris material.\6\ Dioxin-listed wastes are EPA Hazardous Waste numbers FO20, FO21,

FO22, FO23, FO26, and FO27.\7\ Thermal desorption is distinguished from Thermal Destruction in that

the primary purpose of Thermal Desorption is to volatilize

contaminants and to remove them from the treatment chamber for

subsequent destruction or other treatment.\8\ The demonstration ``Equivalent Technology'' under Sec. 268.42(b)

must document that the technology treats contaminants subject to

treatment to a level equivalent to that required by the performance

and design and operating standards for other technologies in this

table such that residual levels of hazardous contaminants will not

pose a hazard to human health and the environment absent management

controls.\9\ Any soil, waste, and other nondebris material that remains on the

debris surface (or remains mixed with the debris) after treatment is

considered a treatment residual that must be separated from the debris

using, at a minimum, simple physical or mechanical means. Examples of

simple physical or mechanical means are vibratory or trommel screening

or water washing. The debris surface need not be cleaned to a ``clean

debris surface'' as defined in note 3 when separating treated debris

from residue; rather, the surface must be free of caked soil, waste,

or other nondebris material. Treatment residuals are subject to the

waste-specific treatment standards for the waste contaminating the

debris. [57 FR 37277, Aug. 18, 1992, as amended at 59 FR 48103, Sept. 19, 1994; 63 FR 28738, May 26, 1998; 71 FR 40279, July 14, 2006]