NY.gov Portal State Agency Listing Search all of NY.gov
D E C banner
D E C banner

Disclaimer

The New York State Department of Environmental Conservation has added a link to a translation service developed by Microsoft Inc., entitled Bing Translator, as a convenience to visitors to the DEC website who speak languages other than English.

Additional information can be found at DEC's Language Assistance Page.

Part 376 Land Disposal Restrictions (Section 376.4(b) to Appendix 54)

[page 3 of 3]

Pages in this Part
Part: 1 (Section 376.1 to Section 376.4(a))
Part: 2 ("Treatment Standards for Hazardous Wastes" Table)
Part: 3 (Section 376.4(b) to Appendix 54)

Contents:

Sec.

§376.4 -- Treatment Standards

(b) Treatment Standards Expressed As Concentrations In Waste Extract.

(1) For the requirements previously found in this paragraph and for treatment standards in Table CCWE-Constituent Concentrations in Waste extracts, refer to subdivision 376.4(a) of this section.

(c) Treatment standards expressed as specified technologies.

Note: For the requirements previously found in this subdivision in Table 2-Technology-Based Standards By RCRA Waste Code, and Table 3-Technology-Based Standards for Specific Radioactive Hazardous Mixed Waste, refer to subdivision 376.4(a) of this section.

(1) The following wastes in the table in subdivision 376.4(a) of this section titled "Treatment Standards for Hazardous Wastes," for which standards are expressed as a treatment method rather than a concentration level, must be treated using the technology or technologies specified in the table entitled "Technology Codes and Description of Technology-Based Standards" in this subdivision.

(Note: Regulations in Parts 200, 201, 212, 219, 225, 227 and 257 may also apply.)

Table 1

Five Letter Technology Codes and Description of Technology-Based Standards

ADGAS: Venting of compressed gases into an absorbing or reacting media (i.e., solid or liquid) -- venting can be accomplished through physical release utilizing valves/piping; physical penetration of the container; and/or penetration through detonation.

AMLGM: Amalgamation of liquid, elemental mercury contaminated with radioactive materials utilizing inorganic reagents such as copper, zinc, nickel, gold, and sulfur that result in a nonliquid, semi-solid amalgam and thereby reducing potential emissions of elemental mercury vapors to the air.

BIODG: Biodegradation of organics or non-metallic inorganics (i.e., degradable inorganics that contain the elements of phosphorus, nitrogen, and sulfur) in units operated under either aerobic or anaerobic conditions such that a surrogate compound or indicator parameter has been substantially reduced in concentration in the residuals (e.g.,Total Organic Carbon can often be used as an indicator parameter for the biodegradation of many organic constituents that cannot be directly analyzed in wastewater residues).

CARBN: Carbon adsorption (granulated or powdered) of non-metallic inorganics, organo-metallics, and/or organic constituents, operated such that a surrogate compound or indicator parameter has not undergone breakthrough (e.g., Total Organic Carbon can often be used as an indicator parameter for the adsorption of many organic constituents that cannot be directly analyzed in wastewater residues). Breakthrough occurs when the carbon has become saturated with the constituent (or indicator parameter) and substantial change in adsorption rate associated with that constituent occurs.

CHOXD: Chemical or electrolytic oxidation utilizing the following oxidation reagents (or waste reagents) or combinations of reagents: 1) hypochlorite (e.g., bleach); 2) chlorine; 3) chlorine dioxide; 4) ozone or UV (ultraviolet light) assisted ozone; 5) peroxides; 6) persulfates; 7) perchlorates; 8) permangantes; and/or 9) other oxidizing reagents of equivalent efficiency, performed in units operated such that a surrogate compound or indicator parameter has been substantially reduced in concentration in the residuals (e.g., Total Organic Carbon can often be used as an indicator parameter for the oxidation of many organic constituents that cannot be directly analyzed in wastewater residues). Chemical oxidation specifically includes what is commonly referred to as alkaline chlorination.

CHRED: Chemical reduction utilizing the following reducing reagents (or waste reagents) or combinations of reagents: 1) sulfur dioxide; 2) sodium, potassium, or alkali salts of sulfites, bisulfites, metabisulfites, and polyethylene glycols (e.g., NaPEG and KPEG); 3) sodium hydrosulfide; 4) ferrous salts; and/or 5) other reducing reagents of equivalent efficiency, performed in units operated such that a surrogate compound or indicator parameter has been substantially reduced in concentration in the residuals (e.g., Total Organic Halogens can often be used as an indicator parameter for the reduction of many halogenated organic constituents that cannot be directly analyzed in wastewater residues). Chemical reduction is commonly used for the reduction of hexavalent chromium to the trivalent state.

CMBST: High temperature organic destruction technologies, such as combustion in incinerators, boilers, or industrial furnaces operated in accordance with applicable requirements of section 373-2.15, section 373-3.15 or section 374-1.8 of this Title, and in other units operated in accordance with applicable technical operating requirements; and certain non - combustive technologies, such as the Catalytic Extraction Process.

DEACT: Deactivation to remove the hazardous characteristics of a waste due to its ignitability, corrosivity, and/or reactivity.

FSUBS: Fuel substitution in units operated in accordance with applicable technical operating requirements.

HLVIT: Vitrification of high level mixed radioactive wastes in units in compliance with all applicable radioactive protection requirements under control of the Nuclear Regulatory Commission.

IMERC: Incineration of wastes containing organics and mercury in units operated in accordance with the technical operating requirements of section 373-2.15 to Part 373-2 and section 373-3.15 to Part 373-3. All wastewater and nonwastewater residues derived from this process must then comply with the corresponding treatment standards per waste code with consideration of any applicable subcategories (e.g., High or Low Mercury Subcategories).

INCIN: Incineration in units operated in accordance with the technical operating requirements of section 373-2.15 to Part 373-2 and section 373-3.15 to Part 373-3.

LLEXT: Liquid-liquid extraction (often referred to as solvent extraction) of organics from liquid wastes into an immiscible solvent for which the hazardous constituents have a greater solvent affinity, resulting in an extract high in organics that must undergo either incineration, reuse as a fuel, or other recovery/reuse and a raffinate (extracted liquid waste) proportionately low in organics that must undergo further treatment as specified in the standard.

MACRO: Macroencapsulation with surface coating materials such as polymeric organics (e.g., resins and plastics) or with a jacket of inert inorganic materials to substantially reduce surface exposure to potential leaching media. Macroencapsulation specifically does not include any material that would be classified as a tank or container according to paragraph 370.2(b) of this Title.

NEUTR: Neutralization with the following reagents (or waste reagents) or combinations of reagents: 1) acids; 2) bases; or 3) water (including wastewaters) resulting in a pH greater than 2 but less than 12.5 as measured in the aqueous residuals.

NLDBR: No land disposal based on recycling.

POLYM: Formation of complex high-molecular weight solids through polymerization of monomers in high-TOC D001 non-wastewaters which are chemical components in the manufacture of plastics.

PRECP: Chemical precipitation of metals and other inorganics as insoluble precipitates of oxides, hydroxides, carbonates, sulfides, sulfates, chlorides, fluorides, or phosphates. The following reagents (or waste reagents) are typically used alone or in combination: 1) lime (i.e., containing oxides and/or hydroxides of calcium and/or magnesium; 2) caustic (i.e., sodium and/or potassium hydroxides; 3) soda ash (i.e., sodium carbonate); 4) sodium sulfide; 5) ferric sulfate or ferric chloride; 6) alum; or 7) sodium sulfate. Additional floculating, coagulation, or similar reagents/processes that enhance sludge dewatering characteristics are not precluded from use.

RBERY: Thermal recovery of Beryllium

RCGAS: Recovery/reuse of compressed gases including techniques such as reprocessing of the gases for reuse/resale; filtering/adsorption of impurities; remixing for direct reuse or resale; and use of the gas as a fuel source.

RCORR: Recovery of acids or bases utilizing one or more of the following recovery technologies: 1) distillation (i.e., thermal concentration); 2) ion exchange; 3) resin or solid adsorption; 4) reverse osmosis; and/or 5) incineration for the recovery of acid -- Note: this does not preclude the use of other physical phase separation or concentration techniques such as decantation, filtration (including ultrafiltration), and centrifugation, when used in conjunction with the above listed recovery technologies.

RLEAD: Thermal recovery of lead in secondary lead smelters.

RMERC: Retorting or roasting in a thermal processing unit capable of volatilizing mercury and subsequently condensing the volatilized mercury for recovery. The retorting or roasting unit (or facility) must be subject to one or more of the following: (a) a National Emissions Standard for Hazardous Air Pollutants (NESHAP) for mercury; (b) a Best Available Control Technology (BACT) or a Lowest Achievable Emission Rate (LAER) standard for mercury imposed pursuant to a Prevention of Significant Deterioration (PSD) permit; or (c) a state permit that establishes emission limitations (within meaning of Section 302 of the Clean Air Act) for mercury. All wastewater and nonwastewater residues derived from this process must then comply with the corresponding treatment standards per waste code with consideration of any applicable subcategories (e.g., High or Low Subcategories).

RMETL: Recovery of metals or inorganics utilizing one or more of the following direct physical/removal technologies: 1) ion exchange; 2) resin or solid (i.e., zeolites) adsorption; 3) reverse osmosis; 4) chelation/solvent extraction; 5) freeze crystalization; 6) ultrafiltration; and/or 7) simple precipitation (i.e., crystallization) -- Note: this does not preclude the use of other physical phase separation or concentration techniques such as decantation, filtration (including ultrafiltration), and centrifugation, when used in conjunction with the above listed recovery technologies.

RORGS: Recovery of organics utilizing one or more of the following technologies: 1) distillation; 2) thin film evaporation; 3) steam stripping; 4) carbon adsorption; 5) critical fluid extraction; 6) liquid-liquid extraction; 7) precipitation/crystallization (including freeze crystallization); or 8) chemical phase separation techniques (i.e., addition of acids, bases, demulsifiers, or similar chemicals); -- Note: this does not preclude the use of other physical phase separation techniques such as decantation, filtration (including ultrafiltration), and centrifugation, when used in conjunction with the above listed recovery technologies.

RTHRM: Thermal recovery of metals or inorganics from nonwastewaters in units identified as industrial furnaces according to 370.2(b) of this Title.

RZINC: Resmelting for the purpose of recovery of zinc in high temperature metal recovery units.

STABL: Stabilization with the following reagents (or waste reagents) or combinations of reagents: 1) Portland cement; or 2) lime/pozzolans (e.g., fly ash and cement kiln dust) -- this does not preclude the addition of reagents (e.g., iron salts, silicates, and clays) designed to enhance the set/cure time and/or compressive strength, or to overall reduce the leachability of the metal or inorganic.

SSTRP: Steam stripping of organics from liquid wastes utilizing direct application of steam to the wastes operated such that liquid and vapor flow rates, as well as, temperature and pressure ranges have been optimized, monitored, and maintained. These operating parameters are dependent upon the design parameters of the unit such as, the number of separation stages and the internal column design. Thus, resulting in a condensed extract high in organics that must undergo either incineration, reuse as a fuel, or other recovery/reuse and an extracted wastewater that must undergo further treatment as specified in the standard.

WETOX: Wet air oxidation performed in units operated such that a surrogate compound or indicator parameter has been substantially reduced in concentration in the residuals (e.g., Total Organic Carbon can often be used as an indicator parameter for the oxidation of many organic constituents that cannot be directly analyzed in wastewater residues).

WTRRX: Controlled reaction with water for highly reactive inorganic or organic chemicals with precautionary controls for protection of workers from potential violent reactions as well as precautionary controls for potential emissions of toxic/ignitable levels of gases released during the reaction.

Note 1: When a combination of these technologies (i.e., a treatment train) is specified as a single treatment standard, the order of application is specified in subdivision 376.4(c) Table 2, by indicating the five letter technology code that must be applied first, then the designation "fb." (an abbreviation for "followed by"), then the five letter technology code for the technology that must be applied next, and so on.

Note 2: When more than one technology (or treatment train) are specified as alternative treatment standards, the five letter technology codes (or the treatment trains) are separated by a semicolon (;) with the last technology preceded by the word "OR". This indicates that any one of these BDAT technologies or treatment trains can be used for compliance with the standard.

(2) Any person may submit an application to the EPA Administrator, pursuant to 40 CFR §268.42(b) and the commissioner demonstrating that an alternative treatment method can achieve a measure of performance equivalent to that achieved by methods specified for wastes in paragraphs (1), (3) and (4) of this subdivision, or specified for hazardous debris in Table 1 of subdivision 376.4(g). Applicants must submit information demonstrating that their treatment method is in compliance with federal, state and local requirements and is protective of human health and the environment. On the basis of such information and any other available information, the commissioner may approve the use of the alternative treatment method if the department finds that the alternative treatment method provides a measure of performance equivalent to that achieved by methods specified for wastes in paragraphs (1),(3) and (4) of this subdivision, or specified for hazardous debris in Table 1 of subdivision 376.4(g). Any approval must be stated in writing and may contain such provisions and conditions as the commissioner deems appropriate. The person to whom such approval is issued must comply with all limitations contained in such a determination. Before the approval can take effect, the EPA Administrator must also have approved the application pursuant to 40 CFR section 268.42(b).

(3) As an alternative to the otherwise applicable section 376.4 treatment standards, lab packs are eligible for land disposal provided the following requirements are met:

(i) the lab packs comply with the applicable provisions of subdivision 373-2.14(l) and 373-3.14(i) of this Title;

(ii) the lab pack does not contain any of the wastes listed in Appendix 38.

(iii) the lab packs are incinerated in accordance with the requirements of section 373-2.15 or 373-3.15 of this Title; and

(iv) any incinerator residues from lab packs containing D004, D005, D006, D007, D008, D010, and D011 are treated in compliance with the applicable treatment standards specified for such wastes in section 376.4.

(4) Radioactive hazardous mixed wastes are subject to the treatment standards in subdivision 376.4(a). Where treatment standards are specified for radioactive mixed wastes in the Table of Treatment Standards, those treatment standards will govern. Where there is no specific treatment standard for radioactive mixed waste, the treatment standard for the hazardous waste (as designated by EPA waste code) applies. Hazardous debris containing radioactive waste is subject to the treatment standards specified in subdivision 376.4(g).

(Note: Parts 380, 381, 382 and 383 of this Title may apply to final disposition of the treated radioactive hazardous mixed wastes or treated hazardous debris containing radioactive waste.)

(d) Treatment standards expressed as waste concentrations. For the requirements previously found in this subdivision and for treatment standards in Table CCW - Constituent Concentrations in Wastes, refer to subdivision 376.4(a).

(e) Variance from a Treatment Standard.

(1) Based on a petition filed by a generator or treater of hazardous waste with the EPA Administrator, pursuant to 40 CFR section 268.44 and the commissioner, the commissioner may approve a variance from an applicable treatment standard if:

(i) It is not physically possible to treat the waste to the level specified in the treatment standard, or by the method specified as the treatment standard. To show that this is the case, the petitioner must demonstrate that because the physical or chemical properties of the waste differ significantly from waste analyzed in developing the treatment standard, the waste cannot be treated to the specified level or by the specified method; or

(ii) It is inappropriate to require the waste to be treated to the level specified in the treatment standard or by the method specified as the treatment standard, even though such treatment is technically possible. To show that this is the case, the petitioner must either demonstrate that:

('a') Treatment to the specified level or by the specified method is technically inappropriate (for example, resulting in combustion of large amounts of mildly contaminated environmental media); or

('b') For remediation waste only, treatment to the specified level or by the specified method is environmentally inappropriate because it would likely discourage aggressive remediation.

(iii) The EPA Administrator must also have approved the variance pursuant to 40 CFR section 268.44.

(2) Each petition must be submitted in accordance with the procedures in 6 NYCRR Part 370.3(a).

(3) Each petition must include the following statement signed by the petitioner or an authorized representative:

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this petition and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."

(4) After receiving a petition for variance from a treatment standard, the commissioner may request any additional information or samples which he may require to evaluate the petition. Additional copies of the complete petition may be requested as needed.

(5) The commissioner will give public notice in the NY STATE REGISTER of the intent to approve or deny a petition and provide an opportunity for public comment. The final decision on a variance from a treatment standard will be published in the NY STATE REGISTER.

(6) A generator, treatment facility, or disposal facility that is managing a waste covered by a variance from the treatment standards must comply with the waste analysis requirements for restricted wastes found under subdivision 376.1(g).

(7) During the petition review process, the applicant is required to comply with all restrictions on land disposal under this Part.

(8) Based on a petition filed by a generator or treater of hazardous waste with the EPA Administrator, pursuant to 40 CFR section 268.44 and the commissioner, the commissioner or his or her delegated representative may approve a site-specific variance from an applicable treatment standard if:

(i) It is not physically possible to treat the waste to the level specified in the treatment standard, or by the method specified as the treatment standard. To show that this is the case, the petitioner must demonstrate that because the physical or chemical properties of the waste differ significantly from waste analyzed in developing the treatment standard, the waste cannot be treated to the specified level or by the specified method; or

(ii) It is inappropriate to require the waste to be treated to the level specified in the treatment standard or by the method specified as the treatment standard, even though such treatment is technically possible. To show that this is the case, the petitioner must either demonstrate that:

('a') Treatment to the specified level or by the specified method is technically inappropriate (for example, resulting in combustion of large amounts of mildly contaminated environmental media where the treatment standard is not based on combustion of such media); or

('b') For remediation waste only, treatment to the specified level or by the specified method is environmentally inappropriate because it would likely discourage aggressive remediation.

(iii) For contaminated soil only, treatment to the level or by the method specified in the soil treatment standards would result in concentrations of hazardous constituents that are below (i.e., lower than) the concentrations necessary to minimize short- and long-term threats to human health and the environment. Treatment variances approved under this paragraph must:

('a') at a minimum, impose alternative land disposal restriction treatment standards that, using a reasonable maximum exposure scenario:

('1') for carcinogens, achieve constituent concentrations that result in the total excess risk to an individual exposed over a lifetime generally falling within a range from 10-4 to 10-6; and

('2') for constituents with non-carcinogenic effects, achieve constituent concentrations that an individual could be exposed to on a daily basis without appreciable risk of deleterious effect during a lifetime.

('b') not consider post-land-disposal controls.

(iv) For contaminated soil only, treatment to the level or by the method specified in the soil treatment standards would result in concentrations of hazardous constituents that are below (i.e., lower than) natural background concentrations at the site where the contaminated soil will land disposed.

(v) Public notice and a reasonable opportunity for public comment must be provided before granting or denying a petition.

(vi) The EPA Administrator must also have approved the variance pursuant to 40 CFR section 268.44.

(9) Each application for a site-specific variance from a treatment standard must include the information in 6 NYCRR Part 370.3(a)(2).

(10) After receiving an application for a site-specific variance from a treatment standard, the commissioner may request any additional information or samples which may be required to evaluate the application.

(11) A generator, treatment facility, or disposal facility that is managing a waste covered by a site-specific variance from a treatment standard must comply with the waste analysis requirements for restricted wastes found under subdivision 376.1(g) of this Part.

(12) During the application review process, the applicant for a site-specific variance must comply with all restrictions on land disposal under this Part.

(13) For all variances, the petitioner must also demonstrate that compliance with any given treatment variance is sufficient to minimize threats to human health and the environment posed by land disposal of the waste. In evaluating this demonstration, the State may take into account whether a treatment variance should be approved if the subject waste is to be used in a manner constituting disposal pursuant to section 374-1.3 of this Title.

(f) PCB Disposal.

(1) PCB wastes regulated as hazardous waste by New York State solely due to the presence of PCBs pursuant to subdivision 371.4(e) of this Title, shall be disposed of in accordance with the provisions of 40 CFR Part 761 (as incorporated by reference in subdivision 370.1(e) of this Title), except;

(i) As listed in Part 371, waste B002, from any source other than a spill, may not be stabilized or mixed with any substance to conform with any provision of 40 CFR Part 761 (see 370.1(e) of this Title) regarding land disposal.

(g) Treatment standards for hazardous debris.

(1) Treatment standards. Hazardous debris must be treated, as follows, prior to land disposal, unless DEC determines under subparagraph 371.1(d)(5)(ii) of this Title that the debris is no longer contaminated with hazardous waste, or that the debris is treated to the waste-specific treatment standard provided in this section for the waste contaminating the debris:

(i) General. Hazardous debris must be treated for each "contaminant subject to treatment" defined by paragraph (2) of this subdivision using the technology or technologies identified in Table 1 of this subdivision.

(ii) Characteristic debris. Hazardous debris that exhibits the characteristic of ignitability, corrosivity, or reactivity identified under subdivisions 371.3(b), (c), and (d) of this Title, respectively, must be deactivated by treatment using one of the technologies identified in Table 1 of this subdivision.

(iii) Mixtures of debris types. The treatment standards of Table 1 in this subdivision 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.

(iv) Mixtures of contaminant types. Debris that is contaminated with two or more contaminants subject to treatment identified under paragraph (2) of this subdivision must be treated for each contaminant using one or more applicable treatment technologies identified in Table 1 of this subdivision. If an immobilization technology is used in a treatment train, it must be the last treatment technology used.

(v) PCBs. Hazardous debris that is also a hazardous PCB under Part 371 of this Title or a waste PCB under 40 CFR Part 761 (see subdivision 370.1(e)), is subject to the requirements of subdivision 376.4(f), 40 CFR Part 761 (see subdivision 370.1(e)), or the requirements of this subdivision, whichever are more stringent.

(2) 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:

(i) Toxicity characteristic debris. The contaminants subject to treatment for debris that exhibits the Toxicity Characteristic (TC) by subdivision 371.3(e) of this Title are those EP constituents for which the debris exhibits the TC toxicity characteristic.

(ii) 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 subdivision 376.4 (a).

(iii) Cyanide reactive debris. Hazardous debris that is reactive due to the presence of cyanide must be treated for cyanide.

(3) Conditioned exclusion of treated debris. Hazardous debris which has been treated using one of the specified extraction or destruction technologies in Table 1 of this subdivision and which does not exhibit a characteristic of hazardous waste identified under section 371.3 of this Title after treatment is not a hazardous waste and need not be managed in a Part 373 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 Part 373 facility.

(4) Treatment residuals:

(i) General requirements. Except as provided by paragraphs (4)(ii) and (4)(iv) of this subdivision:

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

('b') Residue from the treatment of hazardous debris is subject to the waste-specific treatment standards provided by section 376.4 of this Part for the waste contaminating the debris.

(ii) 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 (2) of this subdivision, must be deactivated prior to land disposal and is not subject to the waste-specific treatment standards of section 376.4 of this Part.

(iii) Cyanide-reactive debris. Residue from the treatment of debris that is reactive due to the presence of cyanide must meet the treatment standards for D003 in "Treatment Standards for Hazardous Wastes" at subdivision 376.4(a) of this section.

(iv) Ignitable nonwastewater residue. Ignitable nonwastewater residue containing equal to or greater than 10 percent total organic carbon is subject to the technology specified in the treatment standard for D001: Ignitable Liquids in "Treatment Standards for Hazardous Wastes" at subdivision 376.4(a) of this section.

(v) 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 Debris1
Technology description Performance and/or design and operating standard Contaminant restrictions2
A. Extraction Technologies:
1. Physical Extraction
a. Abrasive Blasting: Removal of contaminated debris surface layers using water and/or air pressure to propel a solid media (e.g., steel shot, aluminum oxide grit, plastic beads). Glass, Metal, Plastic, Rubber: Treatment to a clean debris surface.3Brick, Cloth, Concrete, Paper, Pavement, Rock, Wood: Removal of at least 0.6 cm of the surface layer; treatment to a clean debris surface.3 All Debris: None.
b. Scarification, Grinding, and Planing: Process utilizing striking piston heads, saws, or rotating grinding wheels such that contaminated debris surface layers are removed. Same as above Same as above
c. Spalling: Drilling or 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. Same as above Same as above
d. Vibratory Finishing: Process utilizing scrubbing media, flushing fluid, and oscillating energy such that hazardous contaminants or contaminated debris surface layers are removed.4 Same as above Same as above
e. High Pressure Steam and 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 Same as above Same as above.
2. Chemical Extraction
a. Water Washing and Spraying: Application of water sprays or water baths of sufficient temperature, pressure, residence time, agitation, surfactants, acids, bases, and detergents to remove hazardous contaminants from debris surfaces and surface pores or to remove contaminated debris surface layers. All Debris: Treatment to a clean debris surface3;
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 an "Equivalent Technology" approval under 376.4(c)(2);8 debris surfaces must be in contact with water solution for at least 15 minutes
Brick, Cloth, Concrete, Paper, Pavement, Rock, Wood: Contaminant must be soluble to at least 5% by weight in water solution or 5% by weight in emulsion; if debris is contaminated with a dioxin-listed waste,6 an "Equivalent Technology" approval under 376.4(c)(2) must be obtained.8
b. Liquid Phase Solvent Extraction: Removal of hazardous contaminants from debris surfaces and surface pores by applying a nonaqueous liquid or liquid solution which causes the hazardous contaminants to enter the 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 Same as above Brick, Cloth, Concrete, Paper, Pavement, Rock, Wood: Same as above, except that contaminant must be soluble to at least 5% by weight in the solvent.
c. Vapor Phase Solvent Extraction: Application of an organic vapor using sufficient agitation, residence time, and temperature to cause hazardous contaminants on contaminated debris surfaces and surface pores to enter the vapor phase and be flushed away with the organic vapor.4 Same as above, except that brick, cloth, concrete, paper, pavement, rock and wood surfaces must be in contact with the organic vapor for at least 60 minutes. Same as above.
3. Thermal Extraction
a. High Temperature Metals Recovery: Application of sufficient heat, residence time, mixing, fluxing agents, and/or carbon in a smelting, melting, or refining furnace to separate metals from debris.
For refining furnaces, treated debris must be separated from treatment residuals using simple physical or mechanical 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. Debris contaminated with a dioxin-listed waste:5 Obtain an "Equivalent Technology" approval under 376.4(c)(2).8
b. Thermal Desorption: Heating in an enclosed chamber under either oxidizing or nonoxidizing atmospheres at sufficient temperature and residence time to vaporize hazardous contaminants from contaminated surfaces and surface pores and to remove the contaminants from the heating chamber in a gaseous exhaust gas.7 All Debris: Obtain an "Equivalent Technology" approval under 376.4(c)(2);8 treated debris must be separated from treatment residuals using simple physical or mechanical means,9 and, 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
All Debris: Metals other than mercury.
B. Destruction Technologies:
1. Biological Destruction (Biodegradation): Removal of hazardous contaminants from debris surfaces and surface pores in an aqueous solution and biodegration of organic or nonmetallic inorganic compounds (i.e., inorganics that contain phosphorus, nitrogen, or sulfur) in units operated under either aerobic or anaerobic conditions. All Debris: Obtain an "Equivalent Technology" approval under 376.4(c)(2);8 treated debris must be separated from treatment residuals using simple physical or mechanical means,9 and, 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
All Debris: Metal contaminants.
2. Chemical Destruction
a. Chemical Oxidation: Chemical or electrolytic oxidation utilizing the following oxidation reagents (or waste reagents) or combination of reagents-(1) hypochlorite (e.g., bleach); (2) chlorine; (3) chlorine dioxide; (4) ozone or UV (ultraviolet light) assisted ozone; (5) peroxides; (6) persulfates; (7) perchlorates; (8) permanganates; and/or (9) other oxidizing reagents of equivalent destruction efficiency.4 Chemical oxidation specifically includes what is referred to as alkaline chlorination. All Debris: Obtain an "Equivalent Technology" approval under 376.4(c)(2);8 treated debris must be separated from treatment residuals using simple physical or mechanical means,9 and, 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
All Debris: Metal contaminants.
b. Chemical Reduction: 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 Same as above Same as above.
3. Thermal Destruction: Treatment in an incinerator operating in accordance with sections 373-2.15 and 373-3.15 of this Title; a boiler or industrial furnace operating in accordance with section 374-1.8 of this Title, or other thermal treatment unit operated in accordance with section 373-2.24 of this Title, or section 373-3.16 of this Title, but excluding for purposes of these debris treatment standards Thermal Desorption units. Treated debris must be separated from treatment residuals using simple physical or mechanical means,9 and, prior to further treatment, such residue must meet the waste-specific treatment standards for organic compounds in the waste contaminating the debris. Brick, Concrete, Glass, Metal, Pavement, Rock, Metal: Metals other than mercury, except that there are no metal restrictions for vitrification.
Debris contaminated with a dioxin-listed waste.6 Obtain an "Equivalent Technology" approval under 376.4(c)(2),8 except that this requirement does not apply to vitrification.
C. Immobilization Technologies:
1. Macroencapsulation: Application of surface coating materials such as polymeric organics (e.g., resins and plastics) or use of a jacket of inert inorganic materials to substantially reduce surface exposure to potential leaching media.
Encapsulating material must completely encapsulate debris and be resistant to degradation by the debris and its contaminants and materials with which it may come into contact after placement (leachate, other waste, microbes). None.
2. Microencapsulation: Stabilization of the debris with the following reagents (or waste 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 Leachability of the hazardous contaminants must be reduced. None.
3. Sealing: Application of an appropriate material which adheres tightly to the debris surface to avoid exposure of the surface to potential leaching media. When necessary to effectively seal the surface, sealing entails pretreatment of the debris surface to remove foreign matter and to clean and roughen the surface. Sealing materials include epoxy, silicone, and urethane compounds, but paint may not be used as a sealant Sealing must avoid exposure of the debris surface to potential leaching media and sealant must be resistent to degradation by the debris and its contaminants and materials with which it may come into contact after placement (leachate, other waste, microbes). None.

FOOTNOTE: 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.

FOOTNOTE: 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 Title 9, Article 27 (ECL) regulation).

FOOTNOTE: 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.

FOOTNOTE: 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.

FOOTNOTE: 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.

FOOTNOTE: 6 Dioxin-listed wastes are EPA Hazardous Waste numbers FO20, FO21, FO22, FO23, FO26, and FO27.

FOOTNOTE: 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.

FOOTNOTE: 8 The demonstration "Equivalent Technology" under paragraph 376.4(c)(2) 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.

FOOTNOTE: 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.

(h) Alternative treatment standards based on HTMR.

For the treatment standards previously found in this subdivision, refer to subdivision 376.4(a) of this Part.

(i) Reserved

(j) Universal Treatment Standards

(1) Table UTS identifies the hazardous constituents, along with the nonwastewater and wastewater treatment standard levels, that are used to regulate most prohibited hazardous wastes with numerical limits. For determining compliance with treatment standards for underlying hazardous constituents as defined in 376.1(b)(1)(xii), these treatment standards may not be exceeded. Compliance with these treatment standards is measured by an analysis of grab samples, unless otherwise noted in the following Table UTS.

Note: NA means not applicable.

376.4(j) Table UTS - Universal Treatment Standards
Regulated Constituent-common name CAS1 Wastewater Standard. Concentration in mg/l2 Nonwastewater standard. Concentration in mg/kg3 unless noted as "mg/l TCLP"
I. Organic Constituents:
Acenaphthylene 208-96-8 0.059 3.4
Acenaphthene 83-32-9 0.059 3.4
Acetone 67-64-1 0.28 160
Acetonitrile 75-05-8 5.6 38
Acetophenone 96-86-2 0.010 9.7
2-Acetylaminofluorene 53-96-3 0.059 140
Acrolein 107-02-8 0.29 NA
Acrylamide 79-06-1 19 23
Acrylonitrile 107-13-1 0.24 84
Aldicarb sulfone6 1646-88-4 0.056 0.28
Aldrin 309-00-2 0.021 0.066
4-Aminobiphenyl 92-67-1 0.13 NA
Aniline 62-53-3 0.81 14
Anthracene 120-12-7 0.059 3.4
Aramite 140-57-8 0.36 NA
alpha-BHC 319-84-6 0.00014 0.066
beta-BHC 319-85-7 0.00014 0.066
delta-BHC 319-86-8 0.023 0.066
gamma-BHC 58-89-9 0.0017 0.066
Barban6 101-27-9 0.056 1.4
Bendiocarb6 22781-23-3 0.056 1.4
Benomyl6 17804-35-2 0.056 1.4
Benzene 71-43-2 0.14 10
Benz(a)anthracene 56-55-3 0.059 3.4
Benzal chloride 98-87-3 0.055 6.0
Benzo(b)fluoranthene (difficult to distinguish from benzo(k)fluoranthene) 205-99-2 0.11 6.8
Benzo(k)fluoranthene (difficult to distinguish from benzo(b)fluoranthene 207-08-9 0.11 6.8
Benzo(g,h,i) perylene 191-24-2 0.0055 1.8
Benzo(a)pyrene 50-32-8 0.061 3.4
Bromodichloromethane 75-27-4 0.35 15
Bromomethane/Methyl bromide 74-83-9 0.11 15
4-Bromophenyl phenyl ether 101-55-3 0.055 15
n-Butyl alcohol 71-36-3 5.6 2.6
Butylate6 2008-41-5 0.042 1.4
Butyl benzyl phthalate 85-68-7 0.017 28
2-sec-Butyl-4, 6-dinitrophenol/Dinoseb 88-85-7 0.066 2.5
Carbaryl6 63-25-2 0.006 0.14
Carbenzadim6 10605-21-7 0.056 1.4
Carbofuran6 1563-66-2 0.006 0.14
Carbofuran phenol6 1563-38-8 0.056 1.4
Carbon disulfide 75-15-0 3.8 4.8 mg/l TCLP
Carbon tetrachloride 56-23-5 0.057 6.0
Carbosulfan6 55285-14-8 0.028 1.4
Chlordane (alpha and gamma isomers) 57-74-9 0.0033 0.26
p-Chloroaniline 106-47-8 0.46 16
Chlorobenzene 108-90-7 0.057 6.0
Chlorobenzilate 510-15-6 0.10 NA
2-Chloro-1, 3-butadiene 126-99-8 0.057 0.28
Chlorodibromomethane 124-48-1 0.057 15
Chloroethane 75-00-3 0.27 6.0
bis(2-Chloroethoxy)methane 111-91-1 0.036 7.2
bis(2-Chloroethyl)ether 111-44-4 0.033 6.0
Chloroform 67-66-3 0.046 6.0
bis(2-Chloroisopropyl)ether 39638-32-9 0.055 7.2
p-Chloro-m-cresol 59-50-7 0.018 14
2-Chloroethyl vinyl ether 110-75-8 0.062 NA
Chloromethane/Methyl chloride 74-87-3 0.19 30
2-Chloronaphthalene 91-58-7 0.055 5.6
2-Chlorophenol 95-57-8 0.044 5.7
3-Chloropropylene 107-05-1 0.036 30
Chrysene 218-01-9 0.059 3.4
o-Cresol 95-48-7 0.11 5.6
m-Cresol (difficult to distinguish from p-cresol) 108-39-4 0.77 5.6
p-Cresol (difficult to distinguish from m-cresol) 106-44-5 0.77 5.6
m-Cumenyl methylcarbamate6 64-00-6 0.056 1.4
Cyclohexanone 108-94-1 0.36 0.75 mg/l TCLP
o, p'-DDD 53-19-0 0.023 0.087
p, p'-DDD 72-54-8 0.023 0.087
o, p'-DDE 3424-82-6 0.031 0.087
p, p'-DDE 72-55-9 0.031 0.087
o, p'-DDT 789-02-6 0.0039 0.087
p, p'-DDT 50-29-3 0.0039 0.087
Dibenz(a,h)anthracene 53-70-3 0.055 8.2
Dibenz(a,e)pyrene 192-65-4 0.061 NA
1,2-Dibromo-3-chloropropane 96-12-8 0.11 15
1,2-Dibromoethane/Ethylene dibromide 106-93-4 0.028 15
Dibromomethane 74-95-3 0.11 15
m-Dichlorobenzene 541-73-1 0.036 6.0
o-Dichlorobenzene 95-50-1 0.088 6.0
p-Dichlorobenzene 106-46-7 0.090 6.0
Dichlorodifluoromethane 75-71-8 0.23 7.2
1,1-Dichloroethane 75-34-3 0.059 6.0
1, 2-Dichloroethane 107-06-2 0.21 6.0
1, 1-Dichloroethylene 75-35-4 0.025 6.0
trans-1, 2-Dichloroethylene 156-60-5 0.054 30
2, 4-Dichlorophenol 120-83-2 0.044 14
2, 6-Dichlorophenol 87-65-0 0.044 14
2, 4-Dichlorophenoxyacetic acid/2, 4-D 94-75-7 0.72 10
1,2-Dichloropropane 78-87-5 0.85 18
cis-1,3-Dichloropropylene 10061-01-5 0.036 18
trans-1,3-Dichloropropylene 10061-02-6 0.036 18
Dieldrin 60-57-1 0.017 0.13
Diethyl phthalate 84-66-2 0.20 28
p-Dimethylaminoazobenzene 60-11-7 0.13 NA
2-4-Dimethyl phenol 105-67-9 0.036 14
Dimethyl phthalate 131-11-3 0.047 28
Di-n-butyl phthalate 84-74-2 0.057 28
1,4-Dinitrobenzene 100-25-4 0.32 2.3
4,6-Dinitro-o-cresol 534-52-1 0.28 160
2,4-Dinitrophenol 51-28-5 0.12 160
2,4-Dinitrotoluene 121-14-2 0.32 140
2,6-Dinitrotoluene 606-20-2 0.55 28
Di-n-octyl phthalate 117-84-0 0.017 28
Di-n-propylnitrosamine 621-64-7 0.40 14
1,4-Dioxane 123-91-1 12.0 170
Diphenylamine (difficult to distinguish from diphenylnitrosamine) 122-39-4 0.92 13
Diphenylnitrosamine (difficult to distinguish from diphenylamine) 86-30-6 0.92 13
1,2-Diphenylhydrazine 122-66-7 0.087 NA
Disulfoton 298-04-4 0.017 6.2
Dithiocarbamates (total)6 137-30-4 0.028 28
Endosulfan I 959-98-8 0.023 0.066
Endosulfan II 33213-65-9 0.029 0.13
Endosulfan sulfate 1031-07-8 0.029 0.13
Endrin 72-20-8 0.0028 0.13
Endrin aldehyde 7421-93-4 0.025 0.13
EPTC6 759-94-4 0.042 1.4
Ethyl acetate 141-78-6 0.34 33
Ethyl benzene 100-41-4 0.057 10
Ethyl cyanide/Propanenitrile 107-12-0 0.24 360
Ethyl ether 60-29-7 0.12 160
bis(2-Ethylhexyl)phthalate 117-81-7 0.28 28
Ethyl methacrylate 97-63-2 0.14 160
Ethylene oxide 75-21-8 0.12 NA
Famphur 52-85-7 0.017 15
Fluoranthene 206-44-0 0.068 3.4
Fluorene 86-73-7 0.059 3.4
Formetanate hydrochloride6 23422-53-9 0.056 1.4
Heptachlor 76-44-8 0.0012 0.066
Heptachlor epoxide 1024-57-3 0.016 0.066
1,2,3,4,6,7,8-Heptachlorodibenzo-p-dioxin (1,2,3,4,6,7,8-HpCDD) 35822-46-9 0.000035 0.0025
1,2,3,4,6,7,8-Heptachlorodibenzofuran (1,2,3,4,6,7,8-HpCDF) 67562-39-4 0.000035 0.0025
1,2,3,4,7,8,9-Heptachlorodibenzofuran (1,2,3,4,7,8,9-HpCDF) 55673-89-7 0.000035 0.0025
Hexachlorobenzene 118-74-1 0.055 10
Hexachlorobutadiene 87-68-3 0.055 5.6
Hexachlorocyclopentadiene 77-47-4 0.057 2.4
HxCDDs (All Hexachlorodibenzo-p- dioxins) NA 0.000063 0.001
HxCDFs (All Hexachlorodibenzo- furans) NA 0.000063 0.001
Hexachloroethane 67-72-1 0.055 30
Hexachloropropylene 1888-71-7 0.035 30
Indeno (1,2,3-c,d) pyrene 193-39-5 0.0055 3.4
Iodomethane 74-88-4 0.19 65
Isobutyl alcohol 78-83-1 5.6 170
Isodrin 465-73-6 0.021 0.066
Isosafrole 120-58-1 0.081 2.6
Kepone 143-50-0 0.0011 0.13
Methacrylonitrile 126-98-7 0.24 84
Methanol 67-56-1 5.6 0.75 mg/l TCLP
Methapyrilene 91-80-5 0.081 1.5
Methiocarb6 2032-65-7 0.056 1.4
Methomyl6 16752-77-5 0.028 0.14
Methoxychlor 72-43-5 0.25 0.18
3-Methylcholanthrene 56-49-5 0.0055 15
4,4-Methylene bis(2-chloroaniline) 101-14-4 0.50 30
Methylene chloride 75-09-2 0.089 30
Methyl ethyl ketone 78-93-3 0.28 36
Methyl isobutyl ketone 108-10-1 0.14 33
Methyl methacrylate 80-62-6 0.14 160
Methyl methansulfonate 66-27-3 0.018 NA
Methyl parathion 298-00-0 0.014 4.6
Metolcarb6 1129-41-5 0.056 1.4
Mexacarbate6 315-18-4 0.056 1.4
Molinate6 2212-67-1 0.042 1.4
Naphthalene 91-20-3 0.059 5.6
2-Naphthylamine 91-59-8 0.52 NA
o-Nitroaniline 88-74-4 0.27 14
p-Nitroaniline 100-01-6 0.028 28
Nitrobenzene 98-95-3 0.068 14
5-Nitro-o-toluidine 99-55-8 0.32 28
o-Nitrophenol 88-75-5 0.028 13
p-Nitrophenol 100-02-7 0.12 29
N-Nitrosodiethylamine 55-18-5 0.40 28
N-Nitrosodimethylamine 62-75-9 0.40 2.3
N-Nitroso-di-n-butylamine 924-16-3 0.40 17
N-Nitrosomethylethylamine 10595-95-6 0.40 2.3
N-Nitrosomorpholine 59-89-2 0.40 2.3
N-Nitrosopiperidine 100-75-4 0.013 35
N-Nitrosopyrrolidine 930-55-2 0.013 35
1,2,3,4,6,7,8,9-Octachlorodibenzo-p-dioxin (OCDD) 3268-87-9 0.000063 0.005
1,2,3,4,6,7,8,9-Octachlorodibenzofuran (OCDF) 39001-02-0 0.000063 0.005
Oxamyl6 23135-22-0 0.056 0.28
Parathion 56-38-2 0.014 4.6
Total PCBs (Sum of all PCB isomers, or all Aroclors)8 1336-36-3 0.10 10
Pebulate6 1114-71-2 0.042 1.4
Pentachlorobenzene 608-93-5 0.055 10
PeCDDs (All Pentachlorodibenzo-p- dioxins) NA 0.000063 0.001
PeCDFs (All Pentachlorodibenzo-furans) NA 0.000035 0.001
Pentachloroethane 76-01-7 0.055 6.0
Pentachloronitrobenzene 82-68-8 0.055 4.8
Pentachlorophenol 87-86-5 0.089 7.4
Phenacetin 62-44-2 0.081 16
Phenanthrene 85-01-8 0.059 5.6
Phenol 108-95-2 0.039 6.2
Phorate 298-02-2 0.021 4.6
Phthalic acid 100-21-0 0.055 28
Phthalic anhydride 85-44-9 0.055 28
Physostigmine6 57-47-6 0.056 1.4
Physostigmine salicylate6 57-64-7 0.056 1.4
Promecarb6 2631-37-0 0.056 1.4
Pronamide 23950-58-5 0.093 1.5
Propham6 122-42-9 0.056 1.4
Propoxur6 114-26-1 0.056 1.4
Prosulfocarb6 52888-80-9 0.042 1.4
Pyrene 129-00-0 0.067 8.2
Pyridine 110-86-1 0.014 16
Safrole 94-59-7 0.081 22
Silvex/2,4,5-TP 93-72-1 0.72 7.9
1,2,4,5-Tetrachlorobenzene 95-94-3 0.055 14
TCDDs (All Tetrachlorodi-benzo-p- dioxins) NA 0.000063 0.001
TCDFs (All Tetrachlorodibenzofurans) NA 0.000063 0.001
1,1,1,2-Tetrachloroethane 630-20-6 0.057 6.0
1,1,2,2-Tetrachloroethane 79-34-5 0.057 6.0
Tetrachloroethylene 127-18-4 0.056 6.0
2,3,4,6-Tetrachlorophenol 58-90-2 0.030 7.4
Thiodicarb6 59669-26-0 0.019 1.4
Thiophanate-methyl6 23564-05-8 0.056 1.4
Toluene 108-88-3 0.080 10
Toxaphene 8001-35-2 0.0095 2.6
Triallate6 2303-17-5 0.042 1.4
Tribromomethane/Bromoform 75-25-2 0.63 15
1,2,4-Trichlorobenzene 120-82-1 0.055 19
1,1,1-Trichloroethane 71-55-6 0.054 6.0
1,1,2-Trichloroethane 79-00-5 0.054 6.0
Trichloroethylene 79-01-6 0.054 6.0
Trichloromonofluoromethane 75-69-4 0.020 30
2,4,5-Trichlorophenol 95-95-4 0.18 7.4
2,4,6-Trichlorophenol 88-06-2 0.035 7.4
2,4,5-Trichlorophenoxyacetic acid/2,4,5-T 93-76-5 0.72 7.9
1,2,3-Trichloropropane 96-18-4 0.85 30
1,1,2-Trichloro-1,2,2-trifluoroethane 76-13-1 0.057 30
Triethylamine6 101-44-8 0.081 1.5
tris-(2,3-Dibromopropyl) phosphate 126-72-7 0.11 0.10
Vernolate6 1929-77-7 0.042 1.4
Vinyl chloride 75-01-4 0.27 6.0
Xylenes-mixed isomers (sum of o-, m-, and p-xylene concentrations) 1330-20-7 0.32 30
II. Inorganic Constituents:
Antimony 7440-36-0 1.9 1.15 mg/l TCLP
Arsenic 7440-38-2 1.4 5.0 mg/l TCLP
Barium 7440-39-3 1.2 21 mg/l TCLP
Beryllium 7440-41-7 0.82 1.22 mg/l TCLP
Cadmium 7440-43-9 0.69 0.11 mg/l TCLP
Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP
Cyanides (Total)4 57-12-5 1.2 590
Cyanides (Amenable)4 57-12-5 0.86 30
Fluoride5 16984-48-8 35 NA
Lead 7439-92-1 0.69 0.75 mg/l TCLP
Mercury-Nonwastewater from Retort 7439-97-6 NA 0.20 mg/l TCLP
Mercury-All Others 7439-97-6 0.15 0.025 mg/l TCLP
Nickel 7440-02-0 3.98 11.0 mg/l TCLP
Selenium7 7782-49-2 0.82 5.7 mg/l TCLP
Silver 7440-22-4 0.43 0.14 mg/l TCLP
Sulfide5 18496-25-8 14 NA
Thallium 7440-28-0 1.4 0.20 mg/l TCLP
Vanadium5 7440-62-2 4.3 1.6 mg/l TCLP
Zinc5 7440-66-6 2.61 4.3 mg/l TCLP

1 CAS means Chemical Abstract Services. When the waste code and/or regulated constituents are described as a combination of a chemical with its salts and/or esters, the CAS number is given for the parent compound only.

2 Concentration standards for wastewaters are expressed in mg/l and are based on analysis of composite samples.

3 Except for Metals (EP or TCLP) and Cyanides (Total and Amenable) the nonwastewater treatment standards expressed as a concentration were established, in part, based upon incineration in units operated in accordance with the technical requirements of section 373-2.15 or 373-3.15 of this Title, or based upon combustion in fuel substitution units operating in accordance with applicable technical requirements. A facility may comply with these treatment standards according to provisions in paragraph 376.4(a)(4) of this Part. All concentration standards for nonwastewaters are based on analysis of grab samples.

4 Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters are to be analyzed using Method 9010 or 9012, found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, as incorporated by reference in subdivision 370.1(e)of this Title, with a sample size of 10 grams and a distillation time of one hour and 15 minutes.

5 These constituents are not "underlying hazardous constituents" in characteristic wastes, according to the definition in subparagraph 376.1(b)(1)(xii).

6 Between August 26, 1998 and March 4, 1999, these constituents are not "underlying hazardous constituents" as defined in subparagraph 376.1(b)(xii).

7 This constituent is not an underlying hazardous constituent as defined at subdivision 376.1(b) of this Part because its UTS level is greater than its TC level, thus a treated selenium waste would always be characteristically hazardous, unless it is treated to below its characteristic level.

8 This standard is temporarily deferred for soil exhibiting a hazardous characteristic due to D004-D011 only.

(k) Alternative LDR treatment standards for contaminated soil.

(1) Applicability. You must comply with LDRs prior to placing soil that exhibits a characteristic of hazardous waste, or exhibited a characteristic of hazardous waste at the time it was generated, into a land disposal unit. The following chart describes whether you must comply with LDRs prior to placing soil contaminated by listed hazardous waste into a land disposal unit:

Compliance with LDR prior to land disposal of hazardous waste contaminated soil
If LDRs... And If LDRs... And If ... Then You...
applied to the listed waste when it contaminated the soil* apply to the listed waste now must comply with LDRs
didn't apply to the listed waste when it contaminated the soil* apply to the listed waste now the soil is determined to contain the listed waste when the soil is first generated must comply with LDRs
didn't apply to the listed waste when it contaminated the soil* apply to the listed waste now the soil is determined not to contain the listed waste when the soil is first generated needn't comply with LDRs
didn't apply to the listed waste when it contaminated the soil* don't apply to the listed waste now needn't comply with LDRs
* For dates of LDR applicability, see 40 CFR Part 268 Appendix VII, as incorporated by reference in subdivision 370.1(e) of this Title. To determine the date any given listed hazardous waste contaminated any given volume of soil, use the last date any given listed hazardous waste was placed into any given land disposal unit or, in the case of an accidental spill, the date of the spill.

(2) Prior to land disposal, contaminated soil identified by paragraph (1) of this subdivision as needing to comply with LDRs must be treated according to the applicable treatment standards specified in paragraph (3) of this subdivision or according to the Universal Treatment Standards specified in subdivision 376.4(j) of this section applicable to the contaminating listed hazardous waste and/or the applicable characteristic of hazardous waste if the soil is characteristic. The treatment standards specified in paragraph (3) of this subdivision and the Universal Treatment Standards may be modified through a treatment variance approved in accordance with subdivision 376.4(e) of this section.

(3) Treatment standards for contaminated soils. Prior to land disposal, contaminated soil identified by paragraph (1) of this subdivision as needing to comply with LDRs must be treated according to all the standards specified in this paragraph or according to the Universal Treatment Standards specified in subdivision 376.4(j) of this section.

(i) All soils. Prior to land disposal, all constituents subject to treatment must be treated as follows:

('a') For non-metals except carbon disulfide, cyclohexanone and methanol, treatment must achieve 90 percent reduction in total constituent concentrations, except as provided by clause (3)(i)('c')of this paragraph.

('b') For metals and carbon disulfide, cyclohexanone and methanol, treatment must achieve 90 percent reduction in constituent concentrations as measured in leachate from the treated media (tested according to the TCLP) or 90 percent reduction in total constituent concentrations (when a metal removal treatment technology is used), except as provided by clause (3)(i)('c')of this paragraph.

('c') When treatment of any constituent subject to treatment to a 90 percent reduction standard would result in a concentration less than 10 times the Universal Treatment Standard for that constituent, treatment to achieve constituent concentrations less than 10 times the Universal Treatment Standard is not required. Universal Treatment Standards are identified in subdivision 376.4(j) of this section, Table UTS.

(ii) Soils that exhibit the characteristic of ignitability, corrosivity or reactivity. In addition to the treatment required by subparagraph (i) of this paragraph, prior to land disposal, soils that exhibit the characteristic of ignitability, corrosivity, or reactivity must be treated to eliminate these characteristics.

(iii) Soils that contain nonanalyzable constituents. In addition to the treatment requirements of subparagraphs (i) and (ii) of this paragraph, prior to land disposal, the following treatment is required for soils that contain nonanalyzable constituents:

('a') For soil that contains only analyzable and nonanalyzable organic constituents, treatment of the analyzable organic constituents to the levels specified in subparagraphs (i) and (ii) of this paragraph; or,

('b') For soil that contains only nonanalyzable constituents, treatment by the method(s) specified in subdivision 376.4(c) of this section for the waste contained in the soil.

(4) Constituents subject to treatment. When applying the soil treatment standards in paragraph (3) of this subdivision, constituents subject to treatment are any constituents listed in subdivision 376.4(j) of this section, Table UTS--Universal Treatment Standards that are reasonably expected to be present in any given volume of contaminated soil, except fluoride, selenium, sulfides, vanadium and zinc, and are present at concentrations greater than ten times the universal treatment standard. PCBs are not a constituent subject to treatment in any given volume of soil which exhibits the toxicity characteristic solely because of the presence of metals.

(5) Management of treatment residuals. Treatment residuals from treating contaminated soil identified by paragraph (1) of this subdivision as needing to comply with LDRs must be managed as follows:

(i) Soil residuals are subject to the treatment standards of this subdivision;

(ii) Non-soil residuals are subject to:

('a') For soils contaminated by listed hazardous waste, the hazardous waste management standards applicable to the listed hazardous waste; and

('b') For soils that exhibit a characteristic of hazardous waste, if the non-soil residual also exhibits a characteristic of hazardous waste, the treatment standards applicable to the characteristic hazardous waste.

§376.5 - Prohibitions on Storage

(a) Prohibitions on storage of restricted wastes.

(1) Except as provided in this section, the storage of hazardous wastes restricted from land disposal under subdivision 376.3 or RCRA section 3004 is prohibited, unless the following conditions are met:

(i) A generator stores such waste in tanks, containers, or containment buildings on-site solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and the generator complies with all storage requirements of Part 372, Subparts 373-1, 373-2, and 373-3 of this Title.

(ii) An owner/operator of a hazardous waste treatment, storage, or disposal facility stores such wastes in tanks, containers, or containment buildings solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and:

('a') Each container or tank is clearly marked to identify its contents and the date each period of accumulation begins, and:

('b') An owner/operator must maintain in the operating record of the facility the contents and beginning accumulation date for each tank and container, and must comply with all operating record requirements of subdivision 373-2.5(c) and 373.3.5(c) of this Title.

(iii) A transporter stores manifested shipments of such wastes at a transfer facility for 10 days or less.

(2) An owner/operator of a treatment, storage or disposal facility may store restricted wastes for up to one year unless the Department can demonstrate that such storage was not solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal.

(3) An owner/operator of a treatment, storage or disposal facility may store restricted wastes beyond one year; however, the burden of proving that such storage was solely for the purpose of accumulation as stated in subparagraph (1)(ii) of this subdivision becomes the owner/operator's responsibility.

(4) If a generator's waste is exempted from a land disposal prohibition by an approved petition under subdivision 376.1(f), an approved case by case extension under subdivision 376.1(e), or a national capacity variance under RCRA section 3004(h)(2) the prohibition in paragraph (1) of this subdivision does not apply during the period of such exemption, extension, or national capacity variance.

(5) The prohibition in paragraph (1) of this section does not apply to hazardous wastes which meet the treatment standards specified in subdivision 376.4(b), (c), and (d) of this Part or the treatment standards specified under the variance in subdivision 376.4(e) or where treatment standards have not been specified, is in compliance with the applicable prohibitions specified in subdivision 376.3(b) or RCRA section 3004.

(6) Liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 50 ppm must be stored at a facility that meets the requirements of 40 CFR 761.65(b) of the Federal regulations (see 370.1(e) of this Title), and Parts 370 thru 376 of this Title, and must be removed from storage and treated or disposed as required by this Part within one year of the date when such wastes are first placed into storage. The provision of paragraph (3) of this subdivision does not apply to such PCB wastes prohibited under subdivision 376.3(b) of this Part.

(7) The prohibition and requirements in this subdivision do not apply to hazardous remediation wastes stored in a staging pile approved pursuant to subdivision 373-2.19(c) of this Title.

APPENDICES--20,35 AND 36-RESERVED

§Appendix 37--List of Halogenated Organic Compounds Regulated under subdivision 376.3(h) of this Title.

Appendix III to 40 CFR Part 268, as of July 1, 2002 is incorporated by reference as if fully set forth herin (see subdivision 370.1(e) of this Title).

§Appendix 38--Wastes Excluded From Lab Packs Under the Alternative Treatment Standards of paragraph 376.4(c)(3)

Hazardous waste with the following EPA Hazardous Waste Codes may not be placed in lab packs under the alternative lab pack treatment standards of paragraph 376.4(c)(3): D009, F019, K003, K004, K005, K006, K062, K071, K100, K106, P010, P011, P012, P076, P078, U134, U151.

§Appendix 39--Reserved.

§Appendix 40--Recommended Technologies to Achieve Deactivation of Characteristics in Subdivision 376.4(c)

Appendix VI to 40 CFR Part 268, as of July 1, 2002 is incorporated by reference as if fully set forth herein (see subdivision 370.1(e) of this Title).

§Appendix 54--Metal bearing wastes prohibited from dilution in a combustion unit according to paragraph 6 NYCRR 376.1(c)(3) of this Title.

Appendix XI to 40 CFR Part 268, as of July 1, 2002, is incorporated by reference as if fully set forth herein (see subdivision 370.1(e) of this Title).