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Part 376: Land Disposal Restrictions

(Statutory Authority: Environmental Conservation Law Section 27-0900 et seq)

[Effective September 5, 2006]

[page 1 of 3]

Pages in this 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.

§376.1 -- General

(a) Purpose, scope and applicability.

(1) This Part identifies hazardous wastes that are restricted from land disposal and defines those limited circumstances under which an otherwise prohibited waste may be land disposed.

(2) Except as specifically provided otherwise in this Part or Part 371 of this Title, the requirements of this Part apply to persons who generate or transport hazardous waste and owners and operators of hazardous waste treatment, storage, and disposal facilities.

(3) Restricted wastes may continue to be land disposed as follows:

(i) Where persons have been granted an extension to the effective date of a prohibition under section 376.3 of this Part or pursuant to 40 CFR section 268.5 and subdivision 376.1(e) with respect to those wastes covered by the extension.

(ii) Where persons have been granted an exemption from a prohibition pursuant to a petition under 40 CFR section 268.6 and subdivision 376.1(f) with respect to those wastes and units covered by the petition:

(iii) wastes that are hazardous only because they exhibit a hazardous characteristic, and which are otherwise prohibited under this Part, 40 CFR Part 148, or Title 7 and 8 of Article 17 of the ECL, are not prohibited if the wastes:

('a') Are disposed into a nonhazardous or hazardous injection well as defined under 40 CFR 144.6(a) and regulated under Title 7 and 8; and

('b') Do not exhibit any prohibited characteristic of hazardous waste identified in Section 371.3 at the point of injection.

(iv) Wastes that are hazardous only because they exhibit a hazardous characteristic, and which are otherwise prohibited under this Part, are not prohibited if the wastes meet any of the following criteria, unless the wastes are subject to a specified method of treatment other than DEACT in section 376.4, or are D003 reactive cyanide:

('a') The wastes are managed in a treatment system which subsequently discharges to a water of New York State pursuant to a SPDES permit issued under Title 7 and 8 or the Clean Water Act; or

('b') The wastes are treated for purposes of the pretreatment requirements of section 307 of the Clean Water Act; or

('c') The wastes are managed in a zero discharge system engaged in Title 7 and 8 or Clean Water Act-equivalent treatment as defined in paragraph 376.3(e)(1); and

('d') The wastes no longer exhibit a prohibited characteristic at the point of land disposal (i.e., placement in a surface impoundment).

(4) The following hazardous wastes are not subject to any provision of Part 376:

(i) Waste generated by conditionally exempt small quantity generators of less than 100 kilograms of non-acute hazardous waste or less than 1 kilogram of acute hazardous waste per calendar month, as defined in subdivision 371.1(f) of this Title;

(ii) Waste pesticides that a farmer disposes of pursuant to subparagraphs 372.1(e)(3)(i), (ii), (iii) and (iv) of this Title;

(iii) Wastes identified or listed as hazardous after November 8, 1984 for which DEC has not promulgated land disposal prohibitions or treatment standards.

(5) The commissioner may authorize an exemption, extension, or variance from any provision of this Part, so long as such action will not result in requirements that are less broad or less stringent than the requirements of 40 CFR Part. 268 (see 370.1(e) of this Title). If an exemption , extension, or variance from the land disposal provisions of 40 CFR Part 268 (see 370.1(e) of this Title has been granted by the EPA Administrator pursuant to 40 CFR sections 268.5, 268.6, 268.42(b), or 268.44, the commissioner must, if such action is to become effective in New York State, subsequently also approve such action, but the commissioner shall not grant approval in any way as to make such action broader in scope, longer in duration, or less stringent than authorized by the person of the obligation to comply with all other applicable provisions of this Part. Applications for exemptions, extensions, or variances by any generator or facility shall be in accordance with the petition provisions of subdivision 373-1.1(e) of this Title.

(6) Severability. If any provision of this Part or its application to any person or circumstances is held invalid, the remainder of this Part, and the application of those provisions to persons or circumstances, other than those to which it is held invalid, shall not be affected thereby.

(7) The requirements of this Part shall not affect the availability of a waiver under section 121(d)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).

(8) De minimis losses of characteristic wastes to wastewaters are not considered to be prohibited wastes and are defined as losses from normal material handling operations (e.g. spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials); minor leaks of process equipment, storage tanks or containers; leaks from well-maintained pump packings and seals; sample purgings; and relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; rinsate from empty containers or from containers that are rendered empty by that rinsing; and laboratory wastes not exceeding one per cent of the total flow of wastewater into the facility's headworks on an annual basis, or with a combined annualized average concentration not exceeding one part per million in the headworks of the facility's wastewater treatment or pretreatment facility.

(9) Reserved.

(10) Universal waste handlers and universal waste transporters (as defined in subdivision 370.2(b) of this Title) are exempt from subdivision 376.1(g) and section 376.5 this Title for the hazardous wastes listed below. These handlers are subject to regulation under Part 374-3 of this Title.

(i) Batteries as described in subdivision 374-3.1(b) of this Title;

(ii) Pesticides as described in subdivision 374-3.1(c) of this Title;

(iii) Thermostats as described in subdivision 374-3.1(d) of this Title; and

(iv) Lamps as described in subdivision 374-3.1(e) of this Title.

(b) Definitions applicable to this Part.

(1) When used in this Part the following terms have the meanings given below:

(i) "Halogenated organic compounds" or "HOCs" means those compounds having a carbon-halogen bond which are listed under Appendix 37 of this Title.

(ii) "Hazardous constituent" or "constituents" means those constituents listed in Appendix 23 of this Title.

(iii) "Land disposal" means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, injection well, or placement in a concrete vault or bunker intended for disposal purposes.

(iv) "Nonwastewaters" are wastes that do not meet the criteria for wastewaters in subparagraph (1)(vi) of this subdivision.

(v) "Polychlorinated biphenyls" or "PCBs" are halogenated organic compounds defined in accordance with paragraph 371.4(e) of this Title and 40 CFR 761.3 (see 370.1(e) of this Title).

(vi) "Wastewaters" are wastes that contain less than 1% by weight total organic carbon (TOC) and less than 1% by weight total suspended solids (TSS).

(vii) "Debris" means solid material exceeding a 60 mm particle size that is intended for disposal and that is: A manufactured object; or plant or animal matter; or natural geologic material. However, the following materials are not debris: Any material for which a specific treatment standard is provided in section 376.4, namely lead acid batteries, cadmium batteries, and radioactive lead solids; Process residuals such as smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission residues; and intact containers of hazardous waste that are not ruptured and that retain at least 75 percent of their original volume. A mixture of debris that has not been treated to the standards provided by subdivision 376.4(g) and other material is subject to regulation as debris if the mixture is comprised primarily of debris, by volume, based on visual inspection.

(viii) "Hazardous debris" means debris that contains a hazardous waste listed in section 371.4 of this Title, or that exhibits a characteristic of hazardous waste identified in section 371.3 of this Title. Any deliberate mixing of prohibited hazardous waste with debris that changes its treatment classification (i.e., from waste to hazardous debris) is not allowed under the dilution prohibition in subdivision 376.1(c) of this Part.

(ix) "Restricted wastes" are hazardous wastes that are prohibited from land disposal by either statute or regulation, regardless of whether subcategories of such wastes are subject to an exemption, extension, or variance.

(x) "Tolling agreements" are contractual agreements as defined in 372.2(b)(7)(i), (ii), and (iii).

(xi) "Spalling", as used in subdivision 376.4(g), means the removal of, but is not limited to, chips, fragments, slabs, pieces, or layers of debris from hazardous debris.

(xii) "Underlying hazardous constituent" means any constituent listed in subdivision 376.4(j) Table UTS - Universal Treatment Standards, except fluoride, selenium, sulfides, vanadium and zinc, which can reasonably be expected to be present at the point of generation of the hazardous waste, at a concentration above the constituent-specific UTS treatment standards.

(xiii) "Inorganic metal-bearing waste" is one for which the Department has established treatment standards for metal hazardous constituents, and which does not otherwise contain significant organic or cyanide content as described in subparagraph 376.1(c)(3)(i), and is specifically listed in appendix 54 of this Title.

(xiv) Soil means unconsolidated earth material composing the superficial geologic strata (material overlying bedrock), consisting of clay, silt, sand, or gravel size particles as classified by the U.S. Natural Resources Conservation Service, or a mixture of such materials with liquids, sludges or solids which is inseparable by simple mechanical removal processes and is made up primarily of soil by volume based on visual inspection. Any deliberate mixing of prohibited hazardous waste with soil that changes its treatment classification (i.e., from waste to contaminated soil) is not allowed under the dilution prohibition in subdivision 376.1(c) of this Part.

(2) All other terms have the meanings given under subdivisions 370.2(b), 371.1(a), (c), and (d) of this Title.

(c) Dilution prohibited as a substitute for treatment.

(1) Except as provided in paragraph (2) of this subdivision, no generator, transporter, handler, owner or operator of a treatment, storage, or disposal facility shall in any way dilute a restricted waste or the residual from treatment of a restricted waste as a substitute for adequate treatment to achieve compliance with section 376.4 of this Part, to circumvent the effective date of a prohibition in section 376.3 of this Part, to otherwise avoid a prohibition in section 376.3 of this Part, or to circumvent a land disposal prohibition imposed by Titles 1, 7 and 9 of Article 27 of the Environmental Conservation Law.

(2) Dilution of wastes that are hazardous only because they exhibit a characteristic in treatment systems which include land-based units which treat wastes subsequently discharged to a water of New York State, pursuant to a SPDES permit issued under Title 7 and 8 of Article 17 of the Environmental Conservation Law, or which treat wastes in a CWA - equivalent treatment system, or which treat wastes for the purposes of pretreatment requirements under section 307 of the CWA is not impermissible dilution for purposes of this subdivision unless a method other than DEACT has been specified in 376.4(a) as the treatment standard, or unless the waste is a D003 reactive cyanide wastewater or nonwastewater.

(3) Combustion of the hazardous waste codes listed in Appendix 54 of this Title is prohibited, unless the waste, at the point of generation, or after any bona fide treatment such as cyanide destruction prior to combustion, can be demonstrated to comply with one or more of the following criteria (unless otherwise specifically prohibited from combustion):

(i) the waste contains hazardous organic constituents or cyanide at levels exceeding the constituent -specific treatment standard found in 376.4(j) of this Part;

(ii) The waste consists of organic, debris - like materials (e.g., wood, paper, plastic, or cloth) contaminated with an inorganic metal - bearing hazardous waste;

(iii) The waste, at point of generation, has reasonable heating value such as greater than or equal to 5000 BTU per pound;

(iv) The waste is co - generated with wastes for which combustion is a required method of treatment;

(v) The waste is subject to Federal and/or State requirements necessitating reduction of organics (including biological agents); or

(vi) The waste contains greater than 1% Total Organic Carbon (TOC).

(4) It is a form of impermissible dilution, and therefore prohibited, to add iron filings or other metallic forms of iron to lead-containing hazardous wastes in order to achieve any land disposal restriction treatment standard for lead. Lead-containing wastes include D008 wastes (wastes exhibiting a characteristic due to the presence of lead), all characteristic wastes containing lead as an underlying hazardous constituent, listed wastes containing lead as a regulated constituent, and hazardous media containing any of the aforementioned lead-containing wastes.

(d) Treatment Surface Impoundment Exemption.

(1) Wastes which are otherwise prohibited from land disposal under this Part may be treated in a surface impoundment or series of impoundments provided that:

(i) Treatment of such wastes occurs in the impoundments and;

(ii) The following conditions are met:

('a') Sampling and testing. For wastes with treatment standards in section 376.4 of this Part and/or prohibition levels in section 376.3 of this Part, or RCRA section 3004(d), the residues from treatment are analyzed, as specified in subdivision 376.1(g) or subdivision 376.3(b) to determine if they meet the applicable treatment standards or, where no treatment standards have been established for the waste, the applicable prohibition levels. The sampling method, specified in the waste analysis plan under subdivision 373-2.2(e) or subdivision 373-3.2(d) of this Title, must be designed such that representative samples of the sludge and the supernatant are tested separately rather than mixed to form homogeneous samples.

('b') Removal. The following treatment residues (including any liquid waste) must be removed at least annually; residues which do not meet the treatment standards promulgated under section 376.4 of this Part; residues which do not meet the prohibition levels established under section 376.3 of this Part or imposed by statute (where no treatment standards have been established); residues which are from the treatment of wastes prohibited from land disposal under section 376.3 of this Part (where no treatment standards have been established and no prohibition levels apply); or residues from managing listed wastes which are not delisted under subdivision 370.3(c) of this Title. If the volume of liquid flowing through the impoundment or series of impoundments annually is greater than the volume of the impoundment or impoundments, this flow-through constitutes removal of the supernatant for the purpose of this requirement.

('c') Subsequent management. Treatment residues may not be placed in any other surface impoundment for subsequent management.

('d') Recordkeeping. Sampling and testing and recordkeeping provisions of subdivision 373-2.2(e) and subdivision 373-3.2(d) of this Title apply.

(iii) The impoundment meets the design requirements of paragraph 373-2.11(b)(3) or 373-3.11(i)(1) of this Title, regardless that the unit may not be new, expanded, or a replacement, and be in compliance with applicable ground water monitoring requirements of sections 373-2.6 and 373-3.6 of this Title unless:

('a') it is exempted pursuant to paragraphs 373-2.11(b)(4) or (5), or paragraphs 373-3.11(i)(3) or (4) of this Title; or

('b') Upon application by the owner or operator, the commissioner, after notice and an opportunity to comment, has granted a waiver of the requirements on the basis that the surface impoundment:

('1') Has at least one liner, for which there is no evidence that such liner is leaking;

('2') Is located more than one-quarter mile from an underground source of drinking water; and

('3') Is in compliance with generally applicable ground water monitoring requirements for facilities with permits; or,

('c') Upon application by the owner or operator, the commissioner, after notice and an opportunity to comment, has granted a modification to the requirements on the basis of a demonstration that the surface impoundment is located, designed, and operated so as to assure that there will be no migration of any hazardous constituent into ground water or surface water at any future time.

(iv) The owner or operator submits to the commissioner a written certification that the requirements of subparagraph 376.1(d)(1)(iii) have been met. The following certification is required:

" I certify under penalty of law that the requirements of 6 NYCRR 376.1(d)(1)(iii) have been met for all surface impoundments being used to treat restricted wastes. 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."

(2) Evaporation of hazardous constituents as the principal means of treatment is not considered to be treatment for purposes of an exemption under this subdivision.

(e) Procedures for case-by-case extensions to an effective date.

(1) Any person who generates, treats, stores, or disposes of a hazardous waste may submit an application to the EPA Administrator pursuant to 40 CFR section 268.5, and to the commissioner for an extension to the effective date of any applicable restriction established under section 376.3 of this Part. Before any extension can take effect, the EPA Administrator must also have approved the application pursuant to 40 CFR section 268.5.

(i) They have made a good-faith effort to locate and contract with treatment, recovery, or disposal facilities nationwide to manage their waste in accordance with the effective date of the applicable restriction established under section 376.3 of this Part;

(ii) They have entered into a binding contractual commitment to construct or otherwise provide alternative treatment, recovery (e.g., recycling), or disposal capacity that meets the treatment standards specified in section 376.4 or, where treatment standards have not been specified, such treatment, recovery, or disposal capacity is protective of human health and the environment.

(iii) Due to circumstances beyond the applicant's control, such alternative capacity cannot reasonably be made available by the applicable effective date. This demonstration may include a showing that the technical and practical difficulties associated with providing the alternative capacity will result in the capacity not being available by the applicable effective date;

(iv) The capacity being constructed or otherwise provided by the applicant will be sufficient to manage the entire quantity of waste that is the subject of the application;

(v) They have prepared a detailed schedule for obtaining required operating and construction permits or an outline of how and when alternative capacity will be available;

(vi) They have arranged for adequate capacity to manage their waste during an extension and has documented in the application the location of all sites at which the waste will be managed; and

(vii) Any waste managed in a surface impoundment or landfill during the extension period will meet the requirements of subparagraph (8)(ii) of this subdivision.

(2) An authorized representative signing an application described under paragraph (1) of this subdivision shall make the following certification:

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the 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."

(3) After receiving an application for an extension, the commissioner may request any additional information which is deemed necessary to evaluate the application.

(4) An extension will apply only to the waste generated at the individual facility covered by the application and will not apply to restricted waste from any other facility.

(5) On the basis of the information referred to in paragraph (1) of this subdivision, after notice and opportunity for comment, the commissioner may grant an extension of up to 1 year from the effective date. The commissioner may renew this extension for up to 1 additional year upon the request of the applicant if the demonstration required in paragraph (1) of this subdivision can still be made. In no event will an extension extend beyond 24 months from the applicable effective date specified in section 376.3 of this Part. The length of any extension authorized will be determined by the commissioner based on the time required to construct or obtain the type of capacity needed by the applicant as described in the completion schedule discussed in subparagraph (1)(v) of this subdivision. The commissioner will give public notice of the intent to approve or deny a petition and provide an opportunity for public comment. The final decision on a petition will be published in the NY STATE REGISTER.

(6) Any person granted an extension under this subdivision must immediately notify the commissioner as soon as that person has knowledge of any change in the conditions certified to in the application.

(7) Any person granted an extension under this subdivision shall submit written progress reports at intervals designated by the commissioner. Such reports must describe the overall progress made toward constructing or otherwise providing alternative treatment, recovery or disposal capacity; must identify any event which may cause or has caused a delay in the development of the capacity; and must summarize the steps taken to mitigate the delay. The commissioner can revoke the extension at any time if the applicant does not demonstrate a good-faith effort to meet the schedule for completion, if the DEC denies or revokes any required permit, if conditions certified in the application change, or for any violation of this title.

(8) Whenever the commissioner establishes an extension to an effective date under this subdivision, during the period for which such extension is in effect:

(i) The storage restrictions under section 376.5 of this Part do not apply; and

(ii) Such hazardous waste may be disposed in a landfill or surface impoundment only if such unit is in compliance with the technical requirements of the following provisions regardless of whether such unit is existing, new, or a replacement or lateral expansion.

('a') The landfill, if in interim status, is in compliance with the requirements of section 373-3.6 and paragraphs 373-3.14(j)(1), (3), and (4) of this Title; or

('b') The landfill, if permitted, is in compliance with the requirements of section 373-2.6 and paragraphs 373-2.14(c)(3), (4) and (5) of this Title; or

('c') The surface impoundment, if in interim status, is in compliance with the requirements of section 373-3.6, paragraphs 373-3.11(i)(1), (3) and (4) of this Title; or

('d') The surface impoundment, if permitted, is in compliance with the requirements of section 373-2.6 and paragraphs 373-2.11(b)(3), (4) and (5) of this Title; or

('e') The surface impoundment, if newly subject to paragraphs 373-2.11(b)(3), (4), and (5) due to the promulgation of additional listings or characteristics for the identification of hazardous waste, is in compliance with the requirements of section 373-2.6 of this Title within 12 months after the promulgation of additional listings or characteristics of hazardous waste, and with the requirements of 373-2.11(b)(3), (4), and (5) of this Title within 48 months after the promulgation of additional listings or characteristics of hazardous waste. If a national capacity variance is granted, pursuant to 376.1(a)(5) of this Part, during the period the variance is in effect, the surface impoundment, if newly subject to paragraphs 373-2.11(b)(3), (4), and (5) due to the promulgation of additional listings or characteristics of hazardous waste, is in compliance with the requirements of section 373-2.6 of this Title within 12 months after the promulgation of additional listings or characteristics of hazardous waste, and with the requirements of 373-2.11(b)(3), (4), and (5) of this Title within 48 months after the promulgation of additional listings or characteristics of hazardous waste; and

('f') For the purpose of implementing clause 376.1(e)(8)(ii)('e'), 12 and 48 month periods specified will run concurrently with EPA established schedules, from the date of the initial promulgation of listings or characteristics by the EPA, as well as national capacity variances, pursuant to this Part and 40 CFR Part 268 (see 370.1(e) of this Title).

(9) Pending a decision on the application the applicant is required to comply with all restrictions on land disposal under this Part once the effective date for the waste has been reached.

(f) Petitions to allow land disposal of a waste prohibited under section 376.3 of this Part.

(1) Any person seeking an exemption from a prohibition under section 376.3 of this Part for the disposal of a restricted hazardous waste in a particular unit or units must submit a petition to the EPA Administrator pursuant to 40 CFR section 268.6, and the commissioner demonstrating, to a reasonable degree of certainty, that there will be no migration of hazardous constituents from the disposal unit for as long as the wastes remain hazardous. Before any extension can take effect, the EPA Administrator must have also approved the application pursuant to 40 CFR section 268.6. The demonstration must include the following components:

(i) An identification of the specific waste and the specific unit for which the demonstration will be made;

(ii) A waste analysis to describe fully the chemical and physical characteristics of the subject waste;

(iii) A comprehensive characterization of the disposal unit site including an analysis of background air, soil, and water quality;

(iv) A monitoring plan that detects migration at the earliest practicable time;

(v) Sufficient information to assure the commissioner that the owner or operator of a land disposal unit receiving restricted waste(s) will comply with other applicable Federal and State laws.

(2) The demonstration referred to in paragraph (1) of this subdivision must meet the following criteria:

(i) All waste and environmental sampling, test, and analysis data must be accurate and reproducible to the extent that state-of-the-art techniques allow;

(ii) All sampling, testing, and estimation techniques for chemical and physical properties of the waste and all environmental parameters must have been approved by the commissioner;

(iii) Simulation models must be calibrated for the specific wastes and site conditions, and verified for accuracy by comparison with actual measurements;

(iv) A quality assurance and quality control plan that addresses all aspects of the demonstration must be approved by the commissioner; and,

(v) An analysis must be performed to identify and quantify any aspects of the demonstration that contribute significantly to uncertainty. This analysis must include an evaluation of the consequences of predictable future events, including, but not limited to, earthquakes, floods, severe storm events, droughts, or other natural phenomena.

(3) Each petition referred to in paragraph (1) of this subdivision must include the following:

(i) A monitoring plan that describes the monitoring program installed at and/or around the unit to verify continued compliance with the conditions of the exemption. This monitoring plan must provide information on the monitoring of the unit and/or the environment around the unit. The following specific information must be included in the plan:

('a') The media monitored in the cases where monitoring of the environment around the unit is required;

('b') The type of monitoring conducted at the unit, in the cases where monitoring of the unit is required;

('c') The location of the monitoring stations;

('d') The monitoring interval (frequency of monitoring at each station);

('e') The specific hazardous constituents to be monitored;

('f') The implementation schedule for the monitoring program;

('g') The equipment used at the monitoring stations;

('h') The sampling and analytical techniques employed; and

('i') The data recording/reporting procedures.

(ii) Where applicable, the monitoring program described in subparagraph (3)(i) of this subdivision must be in place for a period of time specified by the commissioner, as part of the approval of the petition, prior to receipt of prohibited waste at the unit.

(iii) The monitoring data collected according to the monitoring plan specified under subparagraph (3)(i) of this subdivision must be sent to the commissioner according to a format and schedule specified and approved in the monitoring plan, and

(iv) A copy of the monitoring data collected under the monitoring plan specified under subparagraph (3)(i) of this subdivision must be kept on-site at the facility in the operating record.

(v) The monitoring program specified under subparagraph (3)(i) of this subdivision must meet the following criteria:

('a') All sampling, testing, and analytical data must be approved by the commissioner and must provide data that is accurate and reproducible.

('b') All estimation and monitoring techniques must be approved by the commissioner.

('c') A quality assurance and quality control plan addressing all aspects of the monitoring program must be provided to and approved by the commissioner.

(4) Each petition must be submitted to the commissioner.

(5) After a petition has been approved, the owner or operator must report any changes in conditions at the unit and/or the environment around the unit that significantly depart from the conditions described in the exemption and affect the potential for migration of hazardous constituents from the units as follows:

(i) If the owner or operator plans to make changes to the unit design, construction, or operation, such a change must be proposed, in writing, and the owner or operator must submit a demonstration to the commissioner at least 30 days prior to making the change. The commissioner will determine whether the proposed change invalidates the terms of the petition and will determine the appropriate response. Any change must be approved by the commissioner prior to being made.

(ii) If the owner or operator discovers that a condition at the site which was modeled or predicted in the petition does not occur as predicted, this change must be reported, in writing, to the commissioner within 10 days of discovering the change. The commissioner will determine whether the reported change from the terms of the petition requires further action, which may include termination of waste acceptance and revocation of the petition, petition modifications, or other responses.

(6) If the owner or operator determines that there is migration of hazardous constituent(s) from the unit, the owner or operator must:

(i) Immediately suspend receipt of prohibited waste at the unit, and

(ii) Notify the commissioner, in writing, within 10 days of the determination that a release has occurred.

(iii) Following receipt of the notification, the commissioner will determine within 60 days of receiving notification, whether the owner or operator can continue to receive prohibited waste in the unit and whether the exemption is to be revoked. The commissioner shall also determine whether further examination of any migration is warranted under applicable provisions of Subpart 373-2 or 373-3 of this Title.

(7) 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 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."

(8) After receiving a petition, the commissioner may request any additional information that reasonably may be required to evaluate the demonstration.

(9) If approved, the petition will apply to land disposal of the specific restricted waste at the individual disposal unit described in the demonstration and will not apply to any other restricted waste at that disposal unit, or to that specific restricted waste at any other disposal unit.

(10) 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 petition will be published in the NY STATE REGISTER.

(11) The term of a petition granted under this section shall be no longer than the term of the Part 373 permit if the disposal unit is operating under a Part 373 permit, or up to a maximum of 10 years from the date of approval provided under paragraph (7) of this subdivision if the unit is operating under interim status. In either case, the term of the granted petition shall expire upon the termination or denial of a Part 373 permit, or upon the termination of interim status or when the volume limit of waste to be land disposed during the term of petition is reached.

(12) Prior to the commissioner's decision, the applicant is required to comply with all restrictions on land disposal under this Part once the effective date for the waste has been reached.

(13) The petition granted by the commissioner does not relieve petitioners of their responsibilities in the management of hazardous waste under Part 370 through Part 376.

(14) Liquid hazardous wastes containing Polychlorinated biphenyls at concentrations greater than or equal to 50 ppm are not eligible for an exemption under this subdivision.

(g) Testing, tracking, and recordkeeping requirements for generators, treaters, and disposal facilities.

(1) Requirements for generators:

(i) A generator of a hazardous waste must determine if the waste has to be treated before it can be land disposed. This is done by determining if the hazardous waste meets the treatment standards in subdivisions 376.4(a), 376.4(f), 376.4(g), or 376.4(k) of this Part. This determination can be made in either of two ways: testing the waste or using knowledge of the waste. If the generator tests the waste, testing would normally determine the total concentration of hazardous constituents, or the concentration of hazardous constituents in an extract of the waste obtained using Test Method 1311 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, depending on whether the treatment standard for the waste is expressed as a total concentration or concentration of hazardous constituent in the waste's extract. In addition, some hazardous wastes must be treated by particular treatment methods before they can be land disposed. Also, some soils are contaminated by such hazardous wastes that must be treated by particular treatment methods before they can be land disposed. These treatment standards are also found in subdivision 376.4(a) of this Part, and are described in detail in subdivision 376.4(c), Table 1 of this Part. These wastes, and soils contaminated with such wastes, do not need to be tested (however, if they are in a waste mixture, other wastes with concentration level treatment standards would have to be tested). If a generator determines they are managing a waste or a soil contaminated with a waste, that displays a hazardous characteristic of ignitability, corrosivity, reactivity, or toxicity, the generator must comply with the special requirements of subdivision 376.1(h) of this Part in addition to any applicable requirements in this subdivision.

(ii) If the waste or contaminated soil does not meet the treatment standard: With the initial shipment of waste to each treatment or storage facility, the generator must send a one-time written notice to each treatment or storage facility receiving the waste, and place a copy in the file. The notice must include the information in column "subparagraph 376.1(g)(1)(ii)" of the Generator Paperwork Requirements Table in subparagraph 376.1(g)(1)(iv) of this Part. No further notification is necessary until such time that the waste or facility change, in which case a new notification must be sent and a copy placed in the generator's file.

('a') For contaminated soil, the following certification statement should be included, signed by an authorized representative:

I certify under penalty of law that I personally have examined this contaminated soil and it (does/does not) contain listed hazardous waste and (does/does not) exhibit a characteristic of hazardous waste and requires treatment to meet the soil treatment standards as provided by 6 NYCRR paragraph 376.4(k)(3).

('b') Reserved.

(iii) If the waste or contaminated soil meets the treatment standard at the original point of generation:

('a') With the initial shipment of waste to each treatment, storage, or disposal facility, the generator must send a one-time written notice to each treatment, storage, or disposal facility receiving the waste, and place a copy in the file. The notice must include the information indicated in column "subparagraph 376.1(g)(1)(iii)" of the Generator Paperwork Requirements Table in subparagraph 376.1(g)(1)(iv) of this Part, and the following certification statement, signed by an authorized representative:

"I certify under penalty of law that I personally have examined and am familiar with the waste through analysis and testing or through knowledge of the waste to support this certification that the waste complies with the treatment standards specified in 6 NYCRR section 376.4. I believe that the information I submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting a false certification, including the possibility of a fine and imprisonment."

('b') For contaminated soil, with the initial shipment of wastes to each treatment, storage, or disposal facility, the generator must send a one-time written notice to each facility receiving the waste and place a copy in the file. The notice must include the information in column subparagraph 376.1(g)(1)(iii) of the Generator Paperwork Requirements Table in subparagraph 376.1(g)(1)(iv) of this paragraph.

('c') If the waste changes, the generator must send a new notice and certification to the receiving facility, and place a copy in their files. Generators of hazardous debris excluded from the definition of hazardous waste under paragraph 371.1(d)(5) of this Title are not subject to these requirements.

(iv) For reporting, tracking and recordkeeping when exceptions allow certain wastes or contaminated soil that do not meet the treatment standards to be land disposed: There are certain exemptions from the requirement that hazardous wastes or contaminated soil meet treatment standards before they can be land disposed. These include, but are not limited to case-by-case extensions under subdivision 376.1(e) of this Part, disposal in a no-migration unit under subdivision 376.1(f) of this Part, or a national capacity variance or case-by-case capacity variance under section 376.3 of this Part. If a generator's waste is so exempt, then with the initial shipment of waste, the generator must send a one-time written notice to each land disposal facility receiving the waste. The notice must include the information indicated in column "subparagraph 376.1(g)(1)(iv)" of the Generator Paperwork Requirements Table below. If the waste changes, the generator must send a new notice to the receiving facility, and place a copy in their files.

Generator Paperwork Requirements Table

Required Information subparagraph 376.1(g)(1)(ii) subparagraph 376.1(g)(1)(iii) subparagraph 376.1(g)(1)(iv) subparagraph 376.1(g)(1)(ix)
1. EPA Hazardous Waste Numbers and Manifest number of first shipment X X X X
2. Statement: this waste is not prohibited from land disposal X
3. The waste is subject to the LDRs. The constituents of concern for F001-F005, and F039, and underlying hazardous constituents in characteristic wastes, unless the waste will be treated and monitored for all constituents. If all constituents will be treated and monitored, there is no need to put them all on the LDR notice X X
4. The notice must include the applicable wastewater/ nonwastewater category (see subparagraphs 376.1(b)(1)(iv) and (vi)) and subdivisions made within a waste code based on waste-specific criteria (such as D003 reactive cyanide) X X
5. Waste analysis data (when available) X X X
6. Date the waste is subject to the prohibition X
7. For hazardous debris, when treating with the alternative treatment technologies provided by subdivision 376.4(g): the contaminants subject to treatment, as described in paragraph 376.4(g)(2); and an indication that these contaminants are being treated to comply with subdivision 376.4(g). X X
8. For contaminated soil subject to LDRs as provided in 376.4(k)(1), the constituents subject to treatment as described in 376.4(k)(4), and the following statement: This contaminated soil (does/does not) contain listed hazardous waste and (does/does not) exhibit a characteristic of hazardous waste and (is subject to/complies with) the soil treatment standards as provided by 376.4(k)(3) or the universal treatment standards X X
9. A certification is needed (see applicable subdivision for exact wording) X X

(v) If a generator is managing and treating prohibited waste or contaminated soil in tanks, containers, or containment buildings regulated under paragraph 372.2(a)(8) of this Title, to meet applicable LDR treatment standards found in subdivision 376.4(a) of this Part, the generator must develop and follow a written waste analysis plan which describes the procedures they will carry out to comply with the treatment standards. (Generators treating hazardous debris under the alternative treatment standards in Table 1, subdivision 376.4(g) of this Part, however, are not subject to these waste analysis requirements.) The plan must be kept on site in the generator's records, and the following requirements must be met:

('a') The waste analysis plan must be based on a detailed chemical and physical analysis of a representative sample of the prohibited waste(s) being treated, and contain all information necessary to treat the waste(s) in accordance with the requirements of this Part, including the selected testing frequency.

('b') Such plan must be kept in the facility's on-site files and made available to inspectors.

('c') Wastes shipped off-site pursuant to this paragraph must comply with the notification requirements of subparagraph 376.1(g)(1)(iii) of this Part.

(vi) If a generator determines that the waste or contaminated soil is restricted based solely on generator knowledge of the waste, all supporting data used to make this determination must be retained on-site in the generator's files. If a generator determines that the waste is restricted based on testing this waste or an extract developed using the test method 1311 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), and all waste analysis data must be retained on-site in the generator's files.

(vii) If a generator determines that the generator is managing a prohibited waste that is excluded from the definition of hazardous or solid waste or is exempted from hazardous waste regulation under subdivisions 371.1(c) through subdivision 371.1(g) of this Title subsequent to the point of generation (including deactivated characteristic hazardous wastes managed in wastewater treatment systems subject to the Clean Water Act (CWA) as specified in subparagraph 371.1(e)(1)(ii) of this Title, or that are CWA-equivalent, or are managed in an underground injection well regulated by the SDWA and permitted under SPDES), the generator must place a one-time notice describing such generation, subsequent exclusion from the definition of hazardous or solid waste or exemption from hazardous waste regulation, Parts 370 through 374 and Part 376, of this Title, and the disposition of the waste, in the facility's on-site files.

(viii) Generators must retain on-site a copy of all notices, certifications, waste analysis data, and other documentation produced pursuant to this subdivision for at least three years from the date that the waste that is the subject of such documentation was last sent to on-site or off-site treatment, storage, or disposal. The three year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the commissioner. The requirements of this paragraph apply to solid wastes even when the hazardous characteristic is removed prior to disposal, or when the waste is excluded from the definition of hazardous or solid waste under subdivisions 371.1(c) through 371.1(g) of this Title, or exempted from hazardous waste regulations, Parts 370 through 374 and 376, subsequent to the point of generation.

(ix) If a generator is managing a lab pack containing hazardous wastes and wishes to use the alternative treatment standard for lab packs found in paragraph 376.4(c)(3) of this Part:

('a') With the initial shipment of waste to a treatment facility, the generator must submit a notice that provides the information in column "subparagraph 376.1(g)(1)(ix)" in the Generator Paperwork Requirements Table of subparagraph (1)(iv) of this subdivision, and the following certification, which must be signed by an authorized representative:

"I certify under penalty of law that I personally have examined and I am familiar with the waste and that the lab pack contains only wastes that have not been excluded under 6 NYCRR Appendix 38 and that this lab pack will be sent to a combustion facility in compliance with the alternative treatment standards for lab packs in 6 NYCRR paragraph 376.4(c)(3). I am aware that there are significant penalties for submitting a false certification, including the possibility of fine or imprisonment."

A copy of the notice and certification statement must be placed in the generator's files.

('b') No further notification is necessary until such time that the wastes in the lab pack change, or the receiving facility changes, in which case a new notice and certification must be sent and a copy placed in the generator's file.

('c') If the lab pack contains characteristic hazardous wastes (D001-D043), underlying hazardous constituents (as defined in paragraph 376.1(b)(1), of this Part) need not be determined.

('d') The generator must also comply with the requirements in subparagraphs (1)(vi) and (1)(vii) of this subdivision.

(x) Small quantity generators with tolling agreements pursuant to paragraph 372.2(b)(7) of this Title must comply with the applicable notification and certification requirements of paragraph (1) of this subdivision for the initial shipment of the waste subject to the agreement. Such generators must retain on-site a copy of the notification and certification, together with the tolling agreement, for at least three years after termination or expiration of the agreement. The three year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the commissioner.

(2) Treatment facilities must test their wastes according to the frequency specified in their waste analysis plan as required by subdivision 373-2.2(e) (for permitted TSD's) or 373-3.2(d) (for interim status facilities) of this Title. Such testing must be performed as provided in subparagraphs (i), (ii), and (iii) of this paragraph.

(i) For wastes or contaminated soil with treatment standards expressed as concentrations in the waste extract (TCLP ), the owner or operator of the treatment facility must test an extract of the treatment residues, using test method 1311 (the Toxicity Characteristic Leaching Procedure, described 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), to assure that the treatment residues extract meet the applicable treatment standards.

(ii) For wastes or contaminated soil with treatment standards expressed as concentrations in the waste, the owner or operator of the treatment facility must test the treatment residues (not an extract of such residues) to assure that they meet the applicable treatment standards.

(iii) A one time notice must be sent with the initial shipment of waste or contaminated soil to the land disposal facility. A copy of the notice must be placed in the treatment facility's file.

('a') No further notification is necessary until such time that the waste or receiving facility change, in which case a new notice must be sent and a copy placed in the treatment facility's file.

('b') The one-time notice must include these requirements:

Treatment Facility Paperwork Requirements Table

Required Information subdivision 376.1(g)(2)
1. EPA Hazardous Waste Numbers and Manifest Number of first shipment X
2. The waste is subject to the LDRs. The constituents of concern for F001-F005, and F039, and underlying hazardous constituents in characteristic wastes unless the waste will be treated and monitored for all constituents. If all constituents will be treated and monitored, there is no need to put them all on the LDR notice. X
3. The notice must include the applicable wastewater/ nonwastewater category (see 376.1(b)(1)(iv) and (vi)) and subdivisions made within a waste code based on waste-specific criteria (such as D003 reactive cyanide) X
4. Waste analysis data (when available) X
5. For contaminated soil subject to LDRs as provided in 376.4(k)(1), the constituents subject to treatment as described in 376.4(k)(4), and the following statement: "This contaminated soil (does/does not) contain listed hazardous waste and (does/does not) exhibit a characteristic of hazardous waste and (is subject to/complies with) the soil treatment standards as provided by 376.4(k)(3)" X
6. A certification is needed (see applicable subdivision for exact wording) X

(iv) The treatment facility must submit a one-time certification signed by an authorized representative with the initial shipment of waste or treatment residue of a restricted waste to the land disposal facility. The certification must state:

"I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification. Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the treatment process has been operated and maintained properly so as to comply with the treatment standards specified in 6 NYCRR subdivision 376.4(a) without impermissible dilution of the prohibited waste. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment."

A certification is also necessary for contaminated soil and it must state:

"I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification and believe that it has been maintained and operated properly so as to comply with treatment standards specified in 6 NYCRR subdivision 376.4(k) without impermissible dilution of the prohibited wastes. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment."

('a') A copy of the certification must be placed in the treatment facility's on-site files. If the waste or treatment residue changes, or the receiving facility changes, a new certification must be sent to the receiving facility, and a copy placed in the file.

('b') Debris excluded from the definition of hazardous waste under paragraph 371.1(d)(5) of this Title (i.e., debris treated by an extraction or destruction technology provided by Table 1, subdivision 376.4(g), and the debris that the commissioner has determined does not contain hazardous waste), however, is subject to the notification and certification requirements of paragraph (4) of this subdivision rather than the certification requirements of this subparagraph.

('c') For wastes with organic constituents having treatment standards expressed as concentration levels, if compliance with the treatment standards is based in whole or in part on the analytical detection limit alternative specified in paragraph 376.4(a)(4), the certification, signed by an authorized representative, must state the following:

"I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification. Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the nonwastewater organic constituents have been treated by combustion units as specified in subdivision 376.4(c), Table 1. I have been unable to detect the nonwastewater organic constituents, despite having used best good-faith efforts to analyze for such constituents. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment."

('d') For characteristic wastes that are subject to the treatment standards in subdivision 376.4(a) of this Part(other than those expressed as a method of treatment), or subdivision 376.4(k) of this Part, and that contain underlying hazardous constituents as defined in subdivision 376.1(b) of this Part; if these wastes are treated on-site to remove the hazardous characteristic; and are then sent off-site for treatment of underlying hazardous constituents, the certification must state the following:

"I certify under penalty of law that the waste has been treated in accordance with the requirements of 6 NYCRR subdivision 376.4(a) or 376.4(k) to remove the hazardous characteristic. This decharacterized waste contains underlying hazardous constituents that require further treatment to meet treatment standards. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment."

('e') For characteristic wastes that contain underlying hazardous constituents as defined in subdivision 376.1(b) of this Part that are treated on-site to remove the hazardous characteristic and to treat underlying hazardous constituents to levels in subdivision 376.4(j) Universal Treatment Standards of this Part, the certification must state the following:

"I certify under penalty of law that the waste has been treated in accordance with the requirements of 6 NYCRR subdivision 376.4(a) to remove the hazardous characteristic and that underlying hazardous constituents, as defined in 6 NYCRR subdivision 376.1(b) have been treated on-site to meet the 6 NYCRR subdivision 376.4(j) Universal Treatment Standards. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment."

(v) If the waste or treatment residue will be further managed at a different treatment, storage, or disposal facility, the treatment, storage, or disposal facility sending the waste or treatment residue off-site must comply with the notice and certification requirements applicable to generators under this subdivision.

(vi) Where the wastes are recyclable materials used in a manner constituting disposal subject to the provisions of paragraph 374-1.3(a)(2) of this Title regarding treatment standards and prohibition levels, the owner or operator of a treatment facility (i.e., the recycler) is not required to notify the receiving facility, pursuant to subparagraph (2)(iii) of this subdivision. With each shipment of such wastes the owner or operator of the recycling facility must submit a certification described in subparagraph (2)(iv) of this subdivision, and a notice which includes the information listed in subparagraph (2)(iii) of this subdivision (except the manifest number) to the commissioner, or delegated representative. The recycling facility also must keep records of the name and location of each entity receiving the hazardous waste-derived product.

(3) Except where the owner or operator is disposing of any waste that is a recyclable material used in a manner constituting disposal pursuant to paragraph 374-1.3(a)(2) of this Title, the owner or operator of any land disposal facility disposing any waste subject to restrictions under this Part must:

(i) Have copies of the notice and certifications specified in paragraph (1) or (2) of this subdivision.

(ii) Test the waste, or an extract of the waste or treatment residue developed using the test method 1311 (the Toxicity Characteristic Leaching Procedure), described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 (as incorporated by reference in section 370.1(e) of this Title), to assure that the wastes or treatment residues are in compliance with the applicable treatment standards set forth in section 376.4 of this Part. Such testing must be performed according to the frequency specified in the facility's waste analysis plan as required by 373-2.2(e) or 373-3.2(d) of this Title.

(4) Generators or treaters who first claim that hazardous debris is excluded from the definition of hazardous waste under paragraph 371.1(d)(5) of this Title, (i.e., debris treated by an extraction or destruction technology provided by Table 1, subdivision 376.4(g), and debris that the commissioner has determined does not contain hazardous waste) are subject to the following notification and certification requirements:

(i) A one-time notification, including the following information, must be submitted to the commissioner:

('a') The name and address of the authorized Part 360 facility receiving the treated debris;

('b') A description of the hazardous debris as initially generated, including the applicable EPA or NYS Hazardous Waste Number(s); and

('c') For debris excluded under subparagraph 371.1(d)(5)(i) of this Title, the technology from Table 1, subdivision 376.4(g), used to treat the debris.

(ii) The notification must be updated if the debris is shipped to a different facility, and, for debris excluded under subparagraph 371.1(d)(5)(i) of this Title, if a different type of debris is treated or if a different technology is used to treat the debris.

(iii) For debris excluded under subparagraph 371.1(d)(5)(i) of this Title, the owner or operator of the treatment facility must document and certify compliance with the treatment standards in Table 1, subdivision 376.4(g) as follows:

('a') Records must be kept of all inspections, evaluations, and analyses of treated debris that are made to determine compliance with the treatment standards;

('b') Records must be kept of any data or information the treater obtains during treatment of the debris that identifies key operating parameters of the treatment unit, and;

('c') For each shipment of treated debris, a certification of compliance with the treatment standards must be signed by an authorized representative and placed in the facility's files. The certification must state the following:

"I certify under penalty of law that the debris has been treated in accordance with the requirements of 6 NYCRR 376.4(g). I am aware that there are significant penalties for making a false certification, including the possibility of fine and imprisonment."

(5) Generators and treaters who first receive from USEPA or the State a determination that a given contaminated soil subject to LDRs as provided in paragraph 376.4(k)(1) of this Part no longer contains a listed hazardous waste and generators and treaters who first determine that a contaminated soil subject to LDRs as provided in 376.4(k)(1) no longer exhibits a characteristic of hazardous waste must:

(i) Prepare a one-time only documentation of these determinations including all supporting information; and,

(ii) Maintain that information in the facility files and other records for a minimum of three years.

(h) Special rules regarding wastes that exhibit a characteristic

(1) The initial generator of a solid waste must determine each EPA hazardous waste number (waste code) applicable to the waste in order to determine the applicable treatment standards under section 376.4 of this Part. For purposes of Part 376, the waste will carry the waste code for any applicable listing under section 371.4 of this Title. In addition, where the waste exhibits a characteristic, the waste will carry one or more of the characteristic waste codes under section 371.3, except when the treatment standard for the listed waste operates in lieu of the treatment standard for the characteristic waste, as specified in paragraph (2) of this subdivision. If the generator determines that their waste displays a hazardous characteristic (and is not D001 nonwastewaters treated by CMBST, RORGS, or POLYM of subdivision 376.4(c), Table 1 of this Part), the generator must determine the underlying hazardous constituents (as defined in paragraph 376.1(b)(1) of this Part), in the characteristic waste.

(2) Where a prohibited waste is both listed under section 371.4 of this Title and exhibits a characteristic under section 371.3, the treatment standard for the waste code listed in section 371.4 will operate in lieu of the standard for the waste code under section 371.3, provided that the treatment standard for the listed waste includes a treatment standard for the constituent that causes the waste to exhibit the characteristic. Otherwise, the waste must meet the treatment standards for all applicable listed and characteristic waste codes.

(3) In addition to any applicable standards determined from the initial point of generation, no prohibited waste which exhibits a characteristic under section 371.3 may be land disposed unless the waste complies with the treatment standards under section 376.4 of this Part.

(4) Wastes that exhibit a characteristic are also subject to subdivision 376.1(g) requirements, except that once the waste is no longer hazardous, a one-time notification and certification must be placed in the generators' or treaters' files and sent to the commissioner. The notification and certification that is placed in the generators' or treaters' files must be updated if the process or operation generating the waste changes and/or if the Part 360 facility receiving the waste changes. However, the generator or treater need only notify the department on an annual basis if such changes occur. Such notification and certification should be sent to the Department by the end of the calendar year, but no later than December 31.

(i) The notification must include the following information:

('a')The name and address of the authorized Part 360 facility receiving the waste shipment; and

('b') A description of the waste as initially generated, including the applicable EPA Hazardous Waste codes(s), treatability group(s), and underlying hazardous constituents ( as defined in subdivision 376.1(b) of this Part), unless the waste will be treated and monitored for all underlying hazardous constituents. If all underlying hazardous constituents will be treated and monitored, there is no requirement to list any of the underlying hazardous constituents on the notice.

(ii) The certification must be signed by an authorized representative and must state the language found in subparagraph 376.1(g)(2)(iv) to this Part.

('a') If treatment removes the characteristic but does not meet standards applicable to underlying hazardous constituents, then the certification found in clause 376.1(g)(2)(iv)('d') of this Part applies.

§376.2 -- Identification of Hazardous Wastes Restricted From Land Disposal

(a) Hazardous wastes restricted from land disposal:

(1) Hazardous wastes listed or identified in Part 371 or 376 of this Title.

(2) Wastes identified as hazardous based on characteristic alone (i.e., corrosivity, reactivity, ignitability, and Toxicity Characteristic Leaching Procedure (TCLP).

(b) Newly identified or listed hazardous wastes.

(1) In the case of any hazardous waste identified or listed after the promulgation of these regulations, the commissioner shall make a land disposal prohibition determination within 6 months after the date of identification or listing.

(c) Surface impoundment exemptions.

(1) This subdivision defines additional circumstances under which an otherwise prohibited waste may continue to be placed in a surface impoundment.

(2) Wastes which are newly identified or listed after November 8, 1984, and stored in a surface impoundment that is newly subject to Article 27, Title 9 of the ECL as a result of the additional identification or listing, may continue to be stored in the surface impoundment for 48 months after the promulgation of the additional listing or characteristic, not withstanding that the waste is otherwise prohibited from land disposal, provided that the surface impoundment is in compliance with the requirements of section 373-2.6 of this Title within 12 months after promulgation of the new listing or characteristic.

(3) Wastes which are newly identified or listed after November 8, 1984, and treated in a surface impoundment that is newly subject to Article 27, Title 9 of the ECL as a result of the additional identification or listing, may continue to be treated in that surface impoundment, notwithstanding that the waste is otherwise prohibited from land disposal, provided that the surface impoundment is in compliance with the requirements of section 373-2.6 of this Title within 12 months after the promulgation of the new listing or characteristic. In addition, if the surface impoundment continues to treat hazardous waste after 48 months from the promulgation of the additional listing or characteristic, it must then be in compliance with subdivision 376.1(d).

(4) For the purposes of implementing this subdivision, 12 and 48 month periods specified will run concurrently with EPA established schedules, from the date of the initial promulgation of listings or characteristics by the EPA.

§376.3 -- Prohibitions on Land Disposal

(a) Waste specific prohibitions-wood preserving wastes.

(1) The following wastes are prohibited from land disposal: the wastes specified in 6 NYCRR Part 371 of this Title, as EPA Hazardous Waste numbers F032, F034, and F035.

(2) Effective May 12, 1999, the following wastes are prohibited from land disposal: soil and debris contaminated with F032, F034, F035; and radioactive wastes mixed with EPA Hazardous waste numbers F032, F034, and F035.

(3) Between May 12, 1997 and May 12, 1999, soil and debris contaminated with F032, F034, F035; and radioactive waste mixed with F032, F034, and F035 may be disposed in a landfill or surface impoundment only if such unit is in compliance with the requirements specified in subparagraph 376.1(e)(8)(ii) of this Title.

(4) The requirements of paragraphs (1), and (2) of this section do not apply if:

(i) The wastes meet the applicable treatment standards specified in Section 376.4 of this Part;

(ii) Persons have been granted an exemption from a prohibition pursuant to a petition under subdivision 376.1(f) of this Part, with respect to those wastes and units covered by the petition;

(iii) The wastes meet the applicable alternate treatment standards established pursuant to a petition granted under subdivision 376.4(e) of this Part; or

(iv) Persons have been granted an extension to the effective date of a prohibition pursuant to subdivision 376.1(e) of this Part, with respect to those wastes covered by the extension.

(5) To determine whether a hazardous waste identified in this subdivision exceeds the applicable treatment standards specified in subdivision 376.4(a) of this Part, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable Universal Treatment Standard levels of subdivision 376.4(j) of this Part, the waste is prohibited from land disposal, and all requirements of Part 376 are applicable, except as otherwise specified.

(b) Waste specific prohibitions - toxicity characteristic metal wastes.

(1) The following wastes are prohibited from land disposal: the wastes specified in Part 371 of this Title as EPA Hazardous Waste numbers D004 - D011 that are newly identified (i.e. wastes, soil, or debris identified as hazardous by the Toxic Characteristic Leaching Procedure but not the Extraction Procedure), and waste, soil, or debris from mineral processing operations that is identified as hazardous by the specifications at Part 371 of this Title.

(2) The following waste is prohibited from land disposal: Slag from secondary lead smelting which exhibits the Toxicity Characteristic due to the presence of one or more metals.

(3) The following wastes are prohibited from land disposal: newly identified characteristic wastes from elemental phosphorus processing; radioactive wastes mixed with EPA Hazardous wastes D004 - D011 that are newly identified (i.e. wastes, soil, or debris identified as hazardous by the Toxic Characteristic Leaching Procedure but not the Extraction Procedure); or mixed with newly identified characteristic mineral processing wastes, soil, or debris.

(4) Reserved.

(5) The requirements of paragraphs (1) and (2) of this subdivision do not apply if:

(i) The wastes meet the applicable treatment standards specified in section 376.4 of this Part;

(ii) Persons have been granted an exemption from a prohibition pursuant to a petition under subdivision 376.1(f) of this Part, with respect to those wastes and units covered by the petition;

(iii) The wastes meet the applicable alternate treatment standards established pursuant to a petition granted under subdivision 376.4(e) and paragraph 376.1(a)(5) of this Part; or

(iv) Persons have been granted an extension to the effective date of a prohibition pursuant to subdivision 376.1(e) of this Part, with respect to these wastes covered by the extension.

(6) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in subdivision 376.4(a) of this Part, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents (including underlying hazardous constituents in characteristic wastes) in excess of the applicable Universal Treatment Standard levels of subdivision 376.4(j) of this Part, the waste is prohibited from land disposal, and all requirements of Part 376 are applicable, except as otherwise specified.

(c) Waste Specific prohibitions -- chlorinated aliphatic wastes.

(1) The wastes specified in Part 371 of this Title as EPA Hazardous Wastes Numbers K174 and K175, soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal.

(2) The requirements of paragraph (1) of this subdivision do not apply if:

(i) The wastes meet the applicable treatment standards specified in section 376.4 of this Part;

(ii) Persons have been granted an exemption from a prohibition pursuant to a petition under 376.1(f) of this Part, with respect to those wastes and units covered by the petition;

(iii) The wastes meet the applicable treatment standards established pursuant to a petition granted under subdivision 376.4(e) of this Part:

(iv) Hazardous debris has met the treatment standards in subdivision 376.4(a) of this Part or the alternative treatment standards in subdivision 376.4(g) of this Part; or

(v) Persons have been granted an extension to the effective date of a prohibition pursuant to subdivision 376.4(e), with respect to these wastes covered by the extension.

(3) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in subdivision 376.4(a) of this Part, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains regulated constituents in excess of the applicable levels of section 376.4 of this Part, the waste is prohibited from land disposal, and all requirements of Part 376 are applicable, except as otherwise specified.

(4) Disposal of K175 wastes that have complied with all applicable subdivision 376.4(a) of this Part treatment standards must also be macroencapsulated in accordance with subdivision 376.4(g) Table 1 of this Part unless the waste is placed in:

(i) A Part 360 of this Title monofill containing only K175 wastes that meet all applicable subdivision 376.4(a) of this Part treatment standards; or

(ii) A dedicated Part 360 of this Title landfill cell in which all other wastes being co-disposed are at pH less than or equal to 6.0.

(d) Effective Dates for Newly Listed or Identified Wastes.

(1) For any newly listed or identified wastes that have effective or prohibition dates established by EPA that precede the promulgation date in New York State, the effective or prohibition date, for the purposes of Part 376, will be the New York State promulgation date for such wastes.

(2) Any variance, case-by-case extension, or exemption from the Land Disposal Restrictions granted by the EPA, for newly listed or identified wastes, will be addressed in New York State pursuant to paragraph 376.1(a)(5), and, if granted, effective or prohibition dates associated with these variances, extensions, or exemptions will be established by the commissioner.

(e) Waste Specific Prohibitions-Ignitable and Corrosive Characteristic Wastes.

(1) The wastes specified in 6 NYCRR 371.3(b) as D001 (and is not in the High TOC Ignitable Liquids Subcategory), and specified in 371.3(c) as D002, that are managed in systems other than those whose discharge is regulated under Titles 7 and 8 of Article 17 of the ECL, the Clean Water Act (CWA) (see subdivision 370.1(e)), or that inject in Class 1 deep wells regulated under the Safe Drinking Water Act(SDWA) (see subdivision 370.1(e)), or that are zero dischargers that engage in Title 7 and 8 or CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. Title 7 and 8 and/or CWA-equivalent treatment means biological treatment for organic, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or greater than these technologies.

(2) The wastes specified in 371.3(b) as D001 (and is not in the High TOC Ignitable Liquids Subcategory), and specified in 371.3(c) as D002, that are managed in systems defined in 40 CFR 144.6(e) and 146.6(e) (see subdivision 370.1(e)) as Class V injection wells, that do not engage in CWA-equivalent treatment before injection, are prohibited from land disposal.

(f) Waste Specific Prohibitions - newly identified organic toxicity characteristic wastes and newly listed coke by-product and chlorotoluene production wastes.

(1) All hazardous waste listed or identified in Parts 376 or 371 of this Title, which have a disposal prohibition or treatment standard, are prohibited from land disposal, unless treatment standards are met. Debris contaminated with EPA Hazardous Waste numbers F037, F038, K107 through K112, K117, K118, K123 through K126, K131, K132, K136, U328, U353, U359, and soil and debris contaminated with D012 through D043, K141 through K145, and K147 through K151 are prohibited from land disposal. The following wastes that are specified in subdivision 371.3(e), Table 1, of this Title, as EPA Hazardous Waste numbers: D012 through D043 that are not radioactive, or that are managed in systems other than those whose discharge is regulated under the Clean Water Act (CWA) or Title 7 or 8 of Article 17 of the ECL, or that are zero dischargers that do not engage in CWA - equivalent treatment before ultimate land disposal, or that are injected in Class I deep wells regulated under the Safe Drinking Water Act (SDWA), are prohibited from land disposal. CWA - equivalent treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or better than these technologies.

(2) Radioactive wastes that are mixed with D018-D043 that are managed in systems other than those whose discharge is regulated under the Clean Water Act (CWA) or Title 7 or 8 of Article 17 of the ECL, or that inject in Class I deep wells regulated under the Safe Drinking Water Act (SDWA), or that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. CWA-equivalent treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or greater than these technologies. Radioactive wastes mixed with K141-K145, and K147-K151 are also prohibited from land disposal. In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal.

(3) Until September 19, 1996, the wastes included in paragraph (2) of this subdivision may be disposed in a landfill or surface impoundment, only if such unit is in compliance with the requirements specified in subparagraph 376.1(e)(8)(ii) of this Part.

(4) The requirements of paragraphs (1), (2) and (3) of this subdivision do not apply if:

(i) The wastes meet the applicable treatment standards specified in section 376.4 of this Part;

(ii) Persons have been granted an exemption from a prohibition pursuant to a petition under subdivision 376.1(f) of this Part, with respect to those wastes and units covered by the petition;

(iii) The wastes meet the applicable alternate treatment standards established pursuant to a petition granted under subdivision 376.4(e) of this Part; or

(iv) Persons have been granted an extension to the effective date of a prohibition pursuant to subdivision 376.1(e) of this Part, with respect to these wastes covered by the extension.

(5) To determine whether a hazardous waste identified in this subdivision exceeds the applicable treatment standards specified in subdivision 376.4(a) of this Title, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable levels specified in section 376.4 of this Part, the waste is prohibited from land disposal, and all requirements of Part 376 of this Title are applicable, except as otherwise specified.

(g) Waste specific prohibitions - spent aluminum potliners; reactive; and carbamate wastes.

(1) The wastes specified in subdivision 371.4(c) of this Title, as EPA Hazardous Waste numbers K156 through K159, and K161; and in subdivision 371.4(d) of this Title, as EPA Hazardous Waste numbers P127, P128, P185, P188 through P192, P194, P196 through P199, P201 through P205, U271, U278 through U280, U364, U367, U372, U373, U387, U389, U394, U395, U404 and U409 through U411 are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal.

(2) The wastes identified in subdivision 371.3(d) of this Title, as D003 that are managed in systems other than those whose discharge is regulated under the Clean Water Act (CWA), or that inject in Class I deep wells regulated under the Safe Drinking Water Act (SDWA), and SPDES permits issued under Title 7 and 8 of Article 17 of the Environmental Conservation Law or that are zero dischargers that engage in CWA - equivalent treatment before ultimate land disposal, are prohibited from land disposal. This prohibition does not apply to unexploded ordnance and other explosive devices which have been the subject of an emergency response. (Such D003 wastes are prohibited unless they meet the treatment standard of DEACT before land disposal (see subdivision 376.4(a) of this Part)).

(3) The wastes specified in subdivision 371.4(c) of this Title, as EPA Hazardous Waste number K088 are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal.

(4) On April 8, 1998, radioactive wastes mixed with K088, K156 through K159, K161, P127, P128, P185, P188 through P192, P194, P196 through P199, P201 through P205, U271, U278 through U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409 through U411 are prohibited from land disposal. In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal.

(5) Between July 8,1996 and April 8, 1998, the wastes included in paragraphs (1), (3), and (4) of this subdivision may be disposed in a landfill or surface impoundment, only if such unit is in compliance with the requirements specified in subparagraph 376.1(e)(8)(ii) of this Part.

(6) The requirements of paragraphs (1), (2), (3), and (4), of this subdivision do not apply if:

(i) The wastes meet the applicable treatment standards specified in section 376.4 of this Part;

(ii) Persons have been granted an exemption from a prohibition pursuant to a petition under subdivision 376.1(f) of this Part, with respect to those wastes and units covered by the petition;

(iii) The wastes meet the applicable alternate treatment standards established pursuant to a petition granted under subdivision 376.4(e) of this Part;

(iv) Persons have been granted an extension to the effective date of a prohibition pursuant to subdivision 376.1(e) of this Part, with respect to these wastes covered by the extension.

(7) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in subdivision 376.4(a) of this Part, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable section 376.4 levels, the waste is prohibited from land disposal, and all requirements of Part 376 are applicable, except as otherwise specified.

(h) Waste specific prohibitions - soils exhibiting the toxicity characteristic for metals and containing PCB's.

(1) The following wastes are prohibited from land disposal: any volumes of soil exhibiting the toxicity characteristic solely because of the presence of metals (D004-D011) and containing PCBs.

(2) The requirements of paragraph (1) of this subdivision do not apply if:

(i) ('a') The wastes contain halogenated organic compounds in total concentration less than 1,000 mg/kg; and

('b') The wastes meet the treatment standards specified in section 376.4 of this Part for EPA hazardous waste numbers D004 - D011, as applicable: or;

(ii) ('a') The wastes contain halogenated organic compounds in total concentration less than 1,000 mg/kg; and

('b') The wastes meet the alternative treatment standards specified in subdivision 376.4(k) of this Part; or

(iii) Persons have been granted an exemption from a prohibition pursuant to a petition under 376.1(f) of this Part, with respect to those wastes and units covered by the petition; or

(iv) The wastes meet applicable alternative treatment standards established pursuant to a petition granted under subdivision 376.4(e) of this Part:

(i) Waste specific prohibitions- inorganic chemical wastes.

(1) The wastes specified in Part 371 of this Title as EPA Hazardous Wastes Numbers K176, K177, and K178, soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal.

(2) The requirements of paragraph (1) of this subdivision do not apply if:

(i) The wastes meet the applicable treatment standards specified in section 376.4 of this Part;

(ii) Persons have been granted an exemption from a prohibition pursuant to a petition under 376.1(f) of this Part, with respect to those wastes and units covered by the petition;

(iii) The wastes meet the applicable treatment standards established pursuant to a petition granted under subdivision 376.4(e) of this Part:

(iv) Hazardous debris has met the treatment standards in subdivision 376.4(a) of this Part or the alternative treatment standards in subdivision 376.4(g) of this Part; or

(v) Persons have been granted an extension to the effective date of a prohibition pursuant to subdivision 376.4(e), with respect to these wastes covered by the extension.

(3) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in subdivision 376.4(a) of this Part, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains regulated constituents in excess of the applicable levels of section 376.4 of this Part, the waste is prohibited from land disposal, and all requirements of Part 376 are applicable, except as otherwise specified.

§376.4 -- Treatment Standards

(a) Applicability of Treatment Standards.

(1) A prohibited waste identified in the table "Treatment Standards for Hazardous Wastes" may be land disposed only if it meets the requirements found in the table. For each waste, the table identifies one of three types of treatment standard requirements:

(i) All hazardous constituents in the waste or in the treatment residue must be at or below the values found in the table for that waste ("total waste standards"); or

(ii) The hazardous constituents in the extract of the waste or in the extract of the treatment residue must be at or below the values found in the table ("waste extract standards"); or

(iii) The waste must be treated using the technology specified in the table ("technology standard"), which are described in detail in subdivision 376.4(c) of this Part, Table 1-Technology Codes and Description of Technology-Based Standards.

(2) For wastewaters, compliance with concentration level standards is based on maximums for any one day, except for D004 through D011 wastes for which the previously promulgated treatment standards based on grab samples remain in effect. For all nonwastewaters, compliance with concentration level standards is based on grab sampling. For wastes covered by the waste extract standards, the test Method 1311, the Toxicity Characteristic Leaching Procedure 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, must be used to measure compliance. An exception is made for D004 and D008, for which either of two test methods may be used: Method 1311, or Method 1310, the Extraction Procedure Toxicity Test. For wastes covered by a technology standard, the wastes may be land disposed after being treated using that specified technology or an equivalent treatment technology approved by the commissioner under the procedures set forth in paragraph 376.4(c)(2) of this section.

(3) When wastes with differing treatment standards for a constituent of concern are combined for purposes of treatment, the treatment residue must meet the lowest treatment standard for the constituent of concern.

(4) Notwithstanding the prohibitions specified in paragraph (1) of this subdivision, treatment and disposal facilities may demonstrate (and certify pursuant to subparagraph 376.1(g)(2)(iv) of this Part) compliance with the treatment standards for organic constituents specified by a footnote in the table "Treatment Standards for Hazardous Wastes" in this subdivision, provided the following conditions are satisfied:

(i) The treatment standards for the organic constituents were established based on incineration in units operated in accordance with the technical requirements of section 373-2.15 of this Title, or based on combustion in fuel substitution units operating in accordance with applicable technical requirements;

(ii) The treatment or disposal facility has used the methods referenced in subparagraph (4)(i) of this subdivision to treat the organic constituents; and

(iii) The treatment or disposal facility may demonstrate compliance with organic constituents if good-faith analytical efforts achieve detection limits for the regulated organic constituents that do not exceed the treatment standards specified in this subdivision by an order of magnitude.

(5) For characteristic wastes (D001 through D043) that are subject to treatment standards in the following table "Treatment Standards for Hazardous Wastes," and are not managed in a wastewater treatment system that is regulated under the Clean Water Act (CWA), that is CWA-equivalent, or that is injected into a Class I nonhazardous deep injection well, all underlying hazardous constituents (as defined in paragraph 376.1(b)(1) of this Part) must meet Universal Treatment Standards, found in subdivision 376.4(j) of this section, Table Universal Treatment Standards (UTS), prior to land disposal as defined in paragraph 376.1(b)(1) of this Part.

(6) The treatment standards for F001-F005 nonwastewater constituents carbon disulfide, cyclohexanone, and/or methanol apply to wastes which contain only one, two, or three of these constituents. Compliance is measured for these constituents in the waste extract from test Method 1311, the Toxicity Characteristic Leaching Procedure 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. If the waste contains any of these three constituents along with any of the other 25 constituents found in F001-F005, then compliance with treatment standards for carbon disulfide, cyclohexanone, and/or methanol are not required.

(7) Between August 26, 1996 and March 4, 1999 the treatment standards for listed carbamate wastes specified in subdivision 371.4(c) as EPA Hazardous Waste numbers K156-K161, and in subdivision 371.4(d) as EPA Hazardous Waste numbers P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U277-U280, U364-U367, U372-U373, U375-U379, U381-U387, U389-U396, U400-U404, U407, and U409-U411; and soil contaminated with these wastes; may be satisfied by either meeting the constituent concentrations presented in the table "Treatment Standards for Hazardous Wastes" in this section, or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST in subdivision 376.4(c) Table 1, for nonwastewaters; and, biodegradation as defined by the technology code BIODG, carbon adsorption as defined by the technology code, CARBN, chemical oxidation as defined by the technology code CHOXD, or combustion as defined as technology code CMBST in subdivision 376.4(c) Table 1, for wastewaters.

(8) Prohibited D004-D011 mixed radioactive wastes and mixed radioactive listed wastes containing metal constituents, that were previously treated by stabilization to the treatment standards in effect at that time and then put into storage, do not have to be re-treated to meet treatment standards in this section prior to land disposal.

(9) Zinc micronutrient fertilizers that are produced for the general public's use and that are produced from or contain recycled characteristic hazardous wastes (D004-D011) are subject to the applicable treatment standards in 40 CFR 268.41 contained in the 40 CFR, Parts 260 to 299, edition revised as of July 1, 1990.

(10) The treatment standards for the wastes specified in subdivision 371.4(d) of this Title as EPA Hazardous Waste numbers P185, P191, P192, P197, U364, U394, and U395 may be satisfied by either meeting the constituent concentrations presented in the table "Treatment Standards for Hazardous Wastes" in this subdivision, or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST at subdivision 376.4(c) Table 1 of this section, for nonwastewaters; and, biodegradation as defined by the technology code BIODG, carbon adsorption as defined by the technology code CARBN, chemical oxidation as defined by the technology code CHOXD, or combustion as defined as technology code CMBST at subdivision 376.4(c) Table 1 of this section, for wastewaters.

Treatment Standards for Hazardous Wastes

Note: The treatment standards that heretofore appeared in tables in subdivisions 376.4 (b), (c) and (d) of this section have been consolidated into the table "Treatment Standards for Hazardous Wastes" in this subdivision.

(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