(which relates to the applicability of certain storage prohibitions).
- in the second sentence, after "handlers" add "and transporters"
- after "273" add "and section 22(a)-449(c)-113(b) of the Regulations of Connecticut State Agencies"
- delete "and"
- delete the period and replace with "; and"
- add a new paragraph (5) as follows: "(5) Used electronics as described in section 22a-449(c) -113(b) of the Regulations of Connecticut State Agencies."
- delete "or staging pile"
- delete "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" and replace with "(A) with the initial shipment of waste the generator shall send a one-time written notice which conforms to the requirements of 40 CFR 268.7(a)(2), to each treatment or storage facility receiving the waste. If the generator's waste changes so that the initial notice is no longer accurate or is incorrect, with the initial shipment of each such changed waste, the generator shall send a new one-time written notice to each treatment or storage facility receiving the waste. If the generator changes the treatment or storage facility to which it sends its waste, with the initial shipment of waste to such facility, the generator shall send a new one-time written notice regardless of whether the treatment or storage facility has received such waste in the past; and (B) with the initial shipment of contaminated soil the generator shall send a one-time written notice and certification that conforms to the requirements of 40 CFR 268.7(a)(2) and 40 CFR 268.7(a)(2)(i), to each treatment or storage facility receiving the contaminated soil. If the generator's contaminated soil changes so that the initial notice and certification are no longer accurate or are incorrect, with the initial shipment of each such changed contaminated soil, the generator shall send a new one-time written notice and certification to each treatment or storage facility receiving the contaminated soil. If the generator changes the treatment or storage facility to which it sends its contaminated soil, with the initial shipment of contaminated soil to such facility, the generator shall send a new one-time written notice and certification, regardless of whether the treatment or storage facility has received such contaminated soil in the past.
If the waste or contaminated soil changes so that it is no longer subject to 40 CFR 268.7(a)(2) but is subject to the requirements of 40 CFR 268.7(a)(3), (4), (7) or (9), the generator shall comply with the notification and certification requirements of each applicable regulation. The generator shall retain a copy of each notice required by this paragraph in its files at the location where the waste or contaminated soil is generated.
Each notice required by 40 CFR 268.7(a)(2) "
- delete "No further notifications 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."
- delete "to each treatment, storage or disposal facility receiving the waste, and place a copy in the file. The notice" and replace with "and certification, that conforms to the requirements of 40 CFR 268.7(a)(3)(i), to each treatment, storage, or disposal facility receiving the waste. If the generator's waste changes so that the initial notice or certification is no longer accurate or is incorrect, with the initial shipment of each such changed waste, the generator shall send a new one-time written notice and certification to each treatment, storage or disposal facility receiving the waste. If the generator changes the treatment, storage or disposal facility to which it sends its waste, with the initial shipment of waste to such facility, the generator shall send a new one-time written notice and certification regardless of whether the treatment, storage or disposal facility has received such waste in the past. If a generator's waste changes so that it is no longer subject to 40 CFR 268.7(a)(3) but is subject to the requirements of 40 CFR 268.7(a)(2), (4), (7)or (9), the generator shall comply with the notification and certification requirements of each applicable regulation. The generator shall retain a copy of each notice and certification required by this paragraph in its files at the location where the waste is generated.
Each notice required by 40 CFR 268.7(a)(3)(i) "
- delete "wastes" and replace with "contaminated soil"
- delete "receiving the waste and place a copy in the file." and replace with "receiving the contaminated soil. If the contaminated soil changes so that the initial notice is no longer accurate or is incorrect, with the initial shipment of each such changed contaminated soil, the generator shall send a new one-time written notice to each treatment, storage or disposal facility receiving the contaminated soil. If the generator changes the treatment, storage or disposal facility to which it sends its contaminated soil, with the initial shipment of contaminated soil to such facility, the generator shall send a new one-time written notice regardless of whether the treatment, storage or disposal facility has received such contaminated soil in the past. If the contaminated soil changes so that it is no longer subject to 40 CFR 268.7(a)(3), but is subject to the requirements of 40 CFR 268.7(a)(2), (4), (7) or (9), the generator shall comply with the notification and certification requirements of each applicable regulation. The generator shall retain a copy of each notice required by this paragraph in its files at the location where the contaminated soil is generated.
Each notice required by 40 CFR 268.7(a)(3)(ii) "
- delete "If the waste changes, the generator must send a new notice and certification to the receiving facility, and place a copy in their files."
- delete "when exceptions allow certain wastes or contaiminated soil that do not meet the treatment standards to be land dispsosed: there" and replace with "there"
- delete "with the initial shipment of waste, the generator must send a onetime written notice to each land disposal facility receiving the waste. The notice" and replace with "with the initial shipment of waste or contaminated soil, the generator shall send a one-time written notice which conforms to the notice requirements of 40 CFR 268.7(a)(4) to each facility receiving its waste or contaminated soil. If the basis for an exemption changes, with the initial shipment of the waste or contaminated soil after each such change, the generator shall send a new onetime written notice to each facility receiving the waste or contaminated soil that conforms to the requirements of 40 CFR 268.7(a)(4). If the generator changes the facility to which it sends its waste or contaminated soil, with the initial shipment of waste or contaminated soil to such facility, the generator shall send a new one-time written notice that conforms to the requirements of 40 CFR 268.7(a)(4), regardless of whether the facility has received such waste or contaminated soil in the past. If a generator's waste or contaminated soil changes so that it is no longer subject to 40 CFR 268.7(a)(4) but is subject to the requirements of 40 CFR 268.7(a)(2), (3), (7) or (9), the generator shall comply with the notification and certification requirements of each applicable regulation. The generator shall retain a copy of each notice required by this paragraph in its files at the location where the waste or contaminated soil is generated.
Each notice required by 40 CFR 268.7(a)(4) "
- delete "If the waste changes, the generator must send a new notice to the receiving facility, and place a copy in their files."
- delete "in the facility's on-site files" and replace with "on-site in the generator's file"
- delete "to a treatment facility" and replace with "to a treatment, storage or disposal facility"
- delete the paragraph in its entirety and replace with the following: "(ii) If the wastes in the lab pack change so that the initial notice provided under 40 CFR 268.7(a)(9)(i) is no longer accurate or is incorrect, with the initial shipment of each lab pack containing changed wastes, the generator shall send a new one-time written notice and certification, that complies with the requirements of 40 CFR 268.7(a)(9)(i), to each treatment, storage or disposal facility receiving the waste. If the generator changes the treatment, storage or disposal facility to which it sends a lab pack containing hazardous waste, with the initial shipment of the lab pack to such facility, the generator shall send a new one-time written notice and certification, that complies with the requirements of 40 CFR 268.7(a)(9)(i), regardless of whether the treatment, storage or disposal facility has received lab pack wastes from the generator in the past. If the lab pack waste changes so that it is no longer subject to 40 CFR 268.7(a)(9), but is subject to the requirements of 40 CFR 268.7(a)(2), (3), (4), or (7), the generator shall comply with the notification and certification requirements of each applicable regulation. The generator shall retain a copy of each notice required by this paragraph in its files at the location where the lab pack waste is generated."
- delete "A one-time notice must be sent" and replace with "The owner or operator of a treatment facility must send a one-time notice"
- delete "placed" and replace with "retained"
- delete the paragraph in its entirety and replace with the following: "(i) If the treatment facility's waste or contaminated soil changes so that the initial notice provided under 40 CFR 268.7(b)(3) is incorrect or is no longer accurate, with the initial shipment of any such changed waste or contaminated soil, the owner or operator shall send a new one-time written notice, that complies with the requirements of 40 CFR 268.7(b)(3)(ii), to each land disposal facility receiving the waste or contaminated soil. If the treatment facility changes the land disposal facility to which it sends its waste or contaminated soil, with the initial shipment of waste or contaminated soil to such facility, the owner or operator shall send a new one-time written notice, that complies with the requirements of 40 CFR 268.7(b)(3)(ii), regardless of whether the land disposal facility has received waste or contaminated soil from the owner or operator of the treatment facility in the past. If the waste or contaminated soil changes so that it is no longer subject to 40 CFR 268.7(b)(3), but is subject to other applicable requirements, the owner or operator of the treatment facility shall comply with each applicable notification and certification requirement. The treatment facility shall maintain a copy of each notice required by this paragraph in the operating record for the treatment facility."
- delete "must be placed" and replace with "required by 40 CFR 268.7(b)(4) shall be retained"
- delete "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." and replace with "if the waste or treatment residue of a restricted waste changes so that the initial certification provided by the owner or operator of the treatment facility is incorrect or is no longer accurate, with the initial shipment of any such changed waste or residue, the owner or operator shall send a new onetime written certification, that complies with the requirements of 40 CFR 268.7(b)(4), to each land disposal facility receiving the waste or residue. If the owner or operator of the treatment facility changes the land disposal facility to which it sends its waste or treatment residue of a restricted waste, with the initial shipment of such changed waste or residue, the owner or operator shall send a new one-time written certification, that complies with the requirements of 40 CFR 268.7(b)(4), regardless of whether the land disposal facility has received such waste or residue in the past. If the waste or treatment residue of a restricted waste changes so that it is no longer subject to 40 CFR 268.7(b)(4), but is subject to other applicable requirements, the owner or operator of the treatment facility shall comply with each applicable notification and certification requirement. The treatment facility shall maintain a copy of each certification required by this paragraph in the operating record for the treatment facility."
- delete "§ 261.3(e)" and replace with " 40 CFR 261.3(f) "
- delete "261.3(e)" and replace with "261.3(f)"
- delete the paragraph in its entirety and replace with " (1) A one time notification shall be sent to the commissioner. Each such notice shall include the following information:
- delete "261.2(e)(1)" and replace with "261.3(f)"
- delete "261.3(e)(1)" and replace with "261.3(f)"
- delete "in the facility" and replace with "in the generator's or the facility's"
- delete "§§ 268.32-268.33 [reserved]" and replace with the following: "Section 268.32 Waste specific prohibitions-Soils exhibiting the toxicity characteristic for metals and containing PCBS.
Section 268.33 Waste specific prohibitions-Chlorinated aliphatic wastes.
- delete Aor that inject in Class I deep wells regulated under the Safe Drinking Water Act (SDWA),"
- delete "or that are injected in Class I deep wells regulated under the Safe Drinking Water Act (SDWA),"
- delete "or that inject in Class I deep wells regulated under the Safe Drinking Water Act (SDWA),"
- delete "or that inject in Class I deep wells regulated under the Safe Drinking Water Act (SDWA),"
- delete "or that is injected into a Class I nonhazardous deep injection well"
- revise the entry for waste code F039 by adding 1,2,3,4,6,7,8-heptachlorodibe-nzo-p-dioxin (1,2,3,4,6,7,8-HpCDD), 1,2,3,4,6,7,8-heptachlorodibenzofuran (1,2,3,4,6,7,8-HpCDF), 1,2,3,4,7,8,9-heptachlorodibenzofuran (1,2,3,4,7,8,9-HpCDF), 1,2,3,4,6,7,8,9-octachlorodibenzo-p-dioxin (OCDD), 1,2,3,4,6,7,8,9-octa-chlorodibenzofuran (OCDF), in alphabetical order and add new entries for K174 and K175 in alphanumeric order as follows:
Waste Code | Waste Description and Treatment/Regulatory Subcategory1 | Regulated Hazardous Constituent | Wastewaters | Nonwastewaters | |
Common Name | CAS2 Number | Concentration in mg/l3; or Technology Code | Concentration in mg/l3 unless noted as "mg/l TCLP"; or Technology Code | ||
* * | * * * * * | * * * * | * * | * * * * | * * * * |
* * * * | * * | * * * * | * * * * | ||
1,2,3,4,6,7,8-Heptachlorodibenzo-p-dioxin (1,2,3,4,6,7,8-HpCDD) | 35822-46-9 | 0.000035 | 0.0025 | ||
1,2,3,4,6,7,8-Heptachlorodibenzofuran (1,2,3,4,6,7,8-HpCDF) | 67562-39-4 | 0.000035 | 0.0025 | ||
1,2,3,4,7,8,9-Heptachlorodibenzofuran (1,2,3,4,7,8,9-HpCDF) | 55673-89-7 | 0.000035 | 0.0025 | ||
1,2,3,4,6,7,8,9-Octachlorodibenzo-p-dioxin (OCDD) | 3268-87-9 | 0.000063 | 0.005 | ||
1,2,3,4,6,7,8,9-Octachlorodibenzofuran (OCDF) | 39001-02-0 | 0.000063 | 0.005 | ||
* * | * * * * * | * * * * | * * | * * * * | * * * * |
K174 | Wastewater treatment sludges from the Production of ethylene dichloride or vinyl Chloride monomer (including sludges that Result form co-mingled ethylene dichloride or vinyl chloride monomer wastewater and other wastewater). | 1,2,3,4,6,7,8- Heptachlorodibenzo-p-dioxin (1,2,3,4,6,7,8-HpCDD) | 35822-46-9 | 0.000035 or CMBST11 | 0.0025 or CMBST11 |
1,2,3,4,6,7,8- Heptachlorodibenzofuran (1,2,3,4,6,7,8-HpCDF) | 67562-39-4 | 0.000035 or CMBST11 | 0.0025 or CMBST11 | ||
1,2,3,4,7,8,9- Heptachlorodibenzofuran (1,2,3,6,7,8,9-HpCDF) | 55673-89-7 | 0.000035 or CMBST11 | 0.0025 or CMBST11 | ||
HxCDDs (All Hexachlorodibenzo-p-dioxins) | 34465-46-8 | 0.000063 or CMBST11 | 0.001 or CMBST11 | ||
HxCDFs (All Hexachlorodibenzofurans) | 55684-94-1 | 0.000063 or CMBST11 | 0.001 or CMBST11 | ||
(1,2,3,4,6,7,8,9- Octachlorodibenzo-p-dioxin (OCDD) | 3268-87-9 | 0.000063 or CMBST11 | 0.005 or CMBST11 | ||
(1,2,3,4,6,7,8,9- Octachlorodibenzofuran (OCDF) | 39001-02-0 | 0.000063 or CMBST11 | 0.005 or CMBST11 | ||
PeCDDs (All Pentachlorodibenzo-p-dioxins) | 36088-22-9 | 0.000063 or CMBST11 | 0.001 or CMBST11 | ||
PeCDFs (All Pentachlorodibenzofurans) | 30402-15-4 | 0.000063 or CMBST11 | 0.001 or CMBST11 | ||
TCDDs (All tetrachlorodibenzo-p-dioxins) | 41903-57-5 | 0.000063 or CMBST11 | 0.001 or CMBST11 | ||
TCDFs (All tetrachlorodibenzofurans) | 55722-27-5 | 0.000063 or CMBST11 | 0.001 or CMBST11 | ||
Arsenic | 7440-38-2 | 1.4 | 5.0 mg/L TCLP | ||
K175 | Wastewater treatment sludge from the Production of vinyl chloride monomer using Mercuric chloride catalyst in an acetylene- Based process. | Mercury12 | 7438-97-6 | NA | 0.025 mg/L TCLP |
PH12 | 0.15 | PH[LESS THAN EQUAL TO] 6.0 | |||
All K175 wastewaters | Mercury | 7438-97-6 | 0.15 | NA | |
* * | * * * * * | * * * | * * | * * * | * * * * |
- in the second column entitled "Waste Description and Treatment/Regulatory Subcategory" add the following to the end of the entries for Waste Codes K156, K157 and K158: "(This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.)"
- at the end of the table add the following footnote in numeric order: "12disposal of K175 wastes that have complied with all applicable 40 CFR 268.40 treatment standards must also be macroencapsulated in accordance with 40 CFR 268.45 Table 1 unless the waste is placed in:
- delete footnote 9 and delete all references in the 40 CFR 268.40 table to footnote 9
- at the end of the paragraph add the following: "At a minimum, public notice as used in this paragraph shall include notice of the petition in a newspaper having substantial circulation in the municipality in which the site-specific variance is sought. The public comment period for any such petition shall, at a minimum, be thirty (30) days. If there is substantial public interest in a petition, the commissioner at his discretion may provide for additional public participation regarding the petition."
- add to the subgroup "Organic Constituents" the following entries in alphabetical order:
REGULATED CONSTIUTENT Common Name | CAS1 Number | Wastewater Standard | Nonwastewater Standard |
Concentration in mg/l2 | Concentration in mg/kg3 unless noted at "mg/l" TCLP" | ||
* * * * | * * | * * * | * * * * |
1,2,3,4,6,7,8-Heptachlorodibenzo-p- dioxin (1,2,3,4,6,7,8-HpCDD) | 35822-46-9 | 0.000035 | 0.0025 |
1,2,3,4,6,7,8-Heptachlorodibenzofuran (1,2,3,4,6,7,8-HpCDF) | 67562-39-4 | 0.000035 | 0.0025 |
1,2,3,4,7,8,9-Heptachlorodibenzofuran (1,2,3,4,7,8,9-HpCDF) | 55673-89-7 | 0.000035 | 0.0025 |
* * * * | * * | * * * | * * * * |
1,2,3,4,6,7,8,9-Octachlorodibenzo-p-dioxin (OCDD) | 3268-87-9 | 0.000063 | 0.005 |
1,2,3,4,6,7,8,9-Octachlorodibenzofuran (OCDF) | 39001-02-0 | 0.000063 | 0.005 |
* * * * | * * | * * * | * * * * |
Total PCBs (sum of all PCB isomers, or all Arcolors) except this standard shall not apply to soil exhibiting a hazardous characteristic due to D004 - D011 only. | 1336-36-3 | 0.10 | 10 |
* * * * | * * | * * * | * * * * |
- under the subgroup "Organic Constituents" delete the entry for 2,4,6-Tribro-mophenol in its entirety
- at the end of the table delete the editorial note following the footnotes
- delete "and are present" and replace with "and that are present"
- at the end of the paragraph add the following: " PCBs are not a constituent subject to treatment in any given volume of soil which exhibits the toxicity characteristic solely because of the presence of metals."
- delete "APPENDIX I-III [Reserved]" and replace with the following: "APPENDIX I-II [Reserved]
Appendix III to 40 CFR 268 -List of Halogenated Organic Compounds Regulated Under 40 CFR 268.32
In determining the concentration of HOCs in a hazardous waste for purposes of the 40 CFR 268.32 land disposal prohibition, the Department has defined the HOCs that must be included in a calculation as any compounds having a carbon-halogen bond which are listed in this Appendix (see 40 CFR 268.2) . Appendix III to 40 CFR 268 consists of the following compounds:
- add the following wastestream in alphanumeric order (by the first column):
Waste code | Waste category | Effective date |
* * * * U048 . . . . . . . * * * * | * * * * All . . . . . . . * * * * | * * * * Aug. 8, 1990. * * * * |
Notwithstanding the provisions incorporated by reference in subdivisions (1) and (2) of this subsection, the treatment, storage or disposal of hazardous waste by underground injection is prohibited.
In addition to the provisions of subsections 22a-449(c) -108(a) and (b) of the Regulations of Connecticut State Agencies, a person shall also comply with all applicable state requirements, including, but not limited to, sections 22a-133k-1 to 22a-133k-3, inclusive, of the Regulations of Connecticut State Agencies.
Conn. Agencies Regs. § 22a-449(c)-108