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§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 §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 §§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 §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 §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:

(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 §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
                               ``Equivalent          § 268.42(b)
                               Technology''          must be
                               approval under        obtained.\8\
                               §
                               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
   furnace to separate         mechanical            §
   metals from debris.         means,\9\ and,        268.42(b).\8\
                               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
   atmospheres at sufficient   §
   temperature and residence   268.42(b);\8\
   time to vaporize            treated debris must
   hazardous contaminants      be separated from
   from contaminated           treatment residuals
   surfaces and surface        using simple
   pores and to remove the     physical or
   contaminants from the       mechanical
   heating chamber in a        means,\9\ and,
   gaseous exhaust gas.\7\     prior to further
                               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
   surface pores in an         §
   aqueous solution and        268.42(b);\8\
   biodegration of organic     treated debris must
   or nonmetallic inorganic    be separated from
   compounds (i.e.,            treatment residuals
   inorganics that contain     using simple
   phosphorus, nitrogen, or    physical or
   sulfur) in units operated   mechanical
   under either aerobic or     means,\9\ and,
   anaerobic conditions.       prior to further
                               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 electolytic     an ``Equivalent       contaminants.
   oxidation utilizing the     Technology''
   following oxidation         approval under
   reagents (or waste          §
   reagents) or combination    268.42(b);\8\
   of reagents_(1)             treated debris must
   hypochlorite (e.g.,         be separated from
   bleach); (2) chlorine;      treatment residuals
   (3) chlorine dioxide; (4)   using simple
   ozone or UV (ultraviolet    physical or
   light) assisted ozone;      mechanical
   (5) peroxides; (6)          means,\9\ and,
   persulfates; (7)            prior to further
   perchlorates; (8) perman-   treatment, such
   ganates; and/or (9) other   residue must meet
   oxidizing reagents of       the waste-specific
   equivalent destruction      treatment standards
   efficiency.\4\ Chemical     for organic
   oxidation specifically      compounds in the
   includes what is referred   waste contaminating
   to as alkaline              the debris.
   chlorination.              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.
  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
   but excluding for                                 §
   purposes of these debris                          268.42(b),\8\
   treatment standards                               except that this
   Thermal Desorption units.                         requirement does
                                                     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 § 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]



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