7 Del. Admin. Code § 1302-268-A-268.9

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1302-268-A-268.9 - Special Rules Regarding Wastes that Exhibit a Characteristic

(a) 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 Subpart D of this part. This determination may be made concurrently with the hazardous waste determination required in § 262.11 of these regulations. For purposes of Part 268, the waste will carry the waste code for any applicable listed waste (Part 261, Subpart D). In addition, where the waste exhibits a characteristic, the waste will carry one or more of the characteristic waste codes (Part 261, Subpart C), except when the treatment standard for the listed waste operates in lieu of the treatment standard for the characteristic waste, as specified in paragraph (b) of this section. If the generator determines that their waste displays a hazardous characteristic (and is not D001 nonwastewaters treated by CMBST, RORGS, OR POLYM of § 268.42, Table 1), the generator must determine the underlying hazardous constituents (as defined at § 268.2 (i)) in the characteristic waste.

(b) Where a prohibited waste is both listed under Part 261, Subpart D and exhibits a characteristic under Part 261, Subpart C, the treatment standard for the waste code listed in Part 261, Subpart D will operate in lieu of the standard for the waste code under Part 261, Subpart C, 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.

(c) In addition to any applicable standards determined from the initial point of generation, no prohibited waste which exhibits a characteristic under Part 261, Subpart C may be land disposed unless the waste complies with the treatment standards under Subpart D of this part.

(d) Wastes that exhibit a characteristic are also subject to § 268.7 requirements, except that once the waste is no longer hazardous, a one-time notification and certification must be placed in the generator's or treater's on-site files. The notification and certification must be updated if the process or operation generating the waste changes and/or if the Subtitle D facility receiving the waste changes.

(1) The notification must include the following information:

(i) Name and address of the RCRA Subtitle D facility receiving the waste shipment; and

(ii) A description of the waste as initially generated, including the applicable EPA hazardous waste code(s), treatability group(s), and underlying hazardous constituents (as defined in § 268.2(i)), 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.

(iii) The treatment standards applicable to the waste at the point of generation.

(2) The certification must be signed by an authorized representative and must state the language found in § 268.7(b)(4).

(i) If treatment removes the characteristic but does not meet standards applicable to underlying hazardous constituents, then the certification found in § 268.7 (b)(4)(iv) applies.

(ii) [Reserved]

(3) For characteristic wastes whose ultimate disposal will be into a Class I nonhazardous injection well, and compliance with the treatment standards found in § 268.48 for underlying hazardous constituents is achieved through pollution prevention that meets the criteria set out at 40 CFR 148.1(d), the following information must also be included:

(i) A description of the pollution prevention mechanism and when it was implemented if already complete;

(ii)The mass of each underlying hazardous constituent before pollution prevention;

(iii) The mass of each underlying hazardous constituent that must be removed, adjusted to reflect variations in mass due to normal operating conditions; and

(iv) The mass reduction of each underlying hazardous constituent that is achieved.

(e)For decharacterized wastes managed on-site in a wastewater treatment system subject to the Clean Water Act (CWA) or zero-dischargers engaged in CWA-equivalent treatment, compliance with the treatment standards found at § 268.48 must be monitored quarterly, unless the treatment is aggressive biological treatment, in which case compliance must be monitored annually. Monitoring results must be kept in on-site files for 5 years.

(f) For decharacterized wastes managed on-site in a wastewater treatment system subject to the Clean Water Act (CWA) for which all underlying hazardous constituents (as defined in § 268.2), are addressed by a CWA permit, this compliance must be documented and this documentation must be kept in on-site files.

(g) For characteristic wastes whose ultimate disposal will be into a Class I nonhazardous injection well which qualifies for the de minimis exclusion described in § 268.1, information supporting that qualification must be kept in on-site files.

(Amended August 1, 1995, July 23, 1996, August 21, 1997, January 1, 1999, June 2, 2000)

7 Del. Admin. Code § 1302-268-A-268.9

22 DE Reg. 678 (2/1/2019) (Final)