---
kind: "section"
citation: "40 C.F.R. § 264.555"
title: "40"
number: "264.555"
heading: "Disposal of CAMU-eligible wastes in permitted hazardous waste landfills."
url: "https://uscodex.org/cfr/40/264.555"
---

# §264.555. Disposal of CAMU-eligible wastes in permitted hazardous waste landfills.

- (a) The Regional Administrator with regulatory oversight at the location where the cleanup is taking place may approve placement of CAMU-eligible wastes in hazardous waste landfills not located at the site from which the waste originated, without the wastes meeting the requirements of RCRA [40 CFR part 268](/cfr/40/part268.md), if the conditions in [paragraphs (a)(1) through (3)](#a-1..a-3) of this section are met:
  - (1) The waste meets the definition of CAMU-eligible waste in § [264.552(a)(1)](/cfr/40/264.552.md?p=a-1) and [(2)](/cfr/40/264.552.md?p=a-2).
  - (2) The Regional Administrator with regulatory oversight at the location where the cleanup is taking place identifies principal hazardous constitutes in such waste, in accordance with § [264.552(e)(4)(i)](/cfr/40/264.552.md?p=e-4-i) and [(ii)](/cfr/40/264.552.md?p=e-4-ii), and requires that such principal hazardous constituents are treated to any of the following standards specified for CAMU-eligible wastes:
    - (i) The treatment standards under [§ 264.552(e)(4)(iv)](/cfr/40/264.552.md?p=e-4-iv); or
    - (ii) Treatment standards adjusted in accordance with § [264.552(e)(4)(v)(A)](/cfr/40/264.552.md?p=e-4-v-A), [(C)](/cfr/40/264.552.md?p=e-4-v-C), [(D)](/cfr/40/264.552.md?p=e-4-v-D) or [(E)(1)](/cfr/40/264.552.md?p=e-4-E-1); or
    - (iii) Treatment standards adjusted in accordance with [§ 264.552(e)(4)(v)(E)(2)](/cfr/40/264.552.md?p=e-4-v-E-2), where treatment has been used and that treatment significantly reduces the toxicity or mobility of the principal hazardous constituents in the waste, minimizing the short-term and long-term threat posed by the waste, including the threat at the remediation site.
  - (3) The landfill receiving the CAMU-eligible waste must have a RCRA hazardous waste permit, meet the requirements for new landfills in Subpart N of this part, and be authorized to accept CAMU-eligible wastes; for the purposes of this requirement, “permit” does not include interim status.
- (b) The person seeking approval shall provide sufficient information to enable the Regional Administrator with regulatory oversight at the location where the cleanup is taking place to approve placement of CAMU-eligible waste in accordance with [paragraph (a)](#a) of this section. Information required by [§ 264.552(d)(1) through (3)](/cfr/40/264.552.md?p=d-1..d-3) for CAMU applications must be provided, unless not reasonably available.
- (c) The Regional Administrator with regulatory oversight at the location where the cleanup is taking place shall provide public notice and a reasonable opportunity for public comment before approving CAMU eligible waste for placement in an off-site permitted hazardous waste landfill, consistent with the requirements for CAMU approval at [§ 264.552(h)](/cfr/40/264.552.md?p=h). The approval must be specific to a single remediation.
- (d) Applicable hazardous waste management requirements in this part, including recordkeeping requirements to demonstrate compliance with treatment standards approved under this section, for CAMU-eligible waste must be incorporated into the receiving facility permit through permit issuance or a permit modification, providing notice and an opportunity for comment and a hearing. Notwithstanding [40 CFR 270.4(a)](/cfr/40/270.4.md?p=a), a landfill may not receive hazardous CAMU-eligible waste under this section unless its permit specifically authorizes receipt of such waste.
- (e) For each remediation, CAMU-eligible waste may not be placed in an off-site landfill authorized to receive CAMU-eligible waste in accordance with [paragraph (d)](#d) of this section until the following additional conditions have been met:
  - (1) The landfill owner/operator notifies the Regional Administrator responsible for oversight of the landfill and persons on the facility mailing list, maintained in accordance with [40 CFR 124.10(c)(1)(ix)](/cfr/40/124.10.md?p=c-1-ix), of his or her intent to receive CAMU-eligible waste in accordance with this section; the notice must identify the source of the remediation waste, the principal hazardous constituents in the waste, and treatment requirements.
  - (2) Persons on the facility mailing list may provide comments, including objections to the receipt of the CAMU-eligible waste, to the Regional Administrator within 15 days of notification.
  - (3) The Regional Administrator may object to the placement of the CAMU-eligible waste in the landfill within 30 days of notification; the Regional Administrator may extend the review period an additional 30 days because of public concerns or insufficient information.
  - (4) CAMU-eligible wastes may not be placed in the landfill until the Regional Administrator has notified the facility owner/operator that he or she does not object to its placement.
  - (5) If the Regional Administrator objects to the placement or does not notify the facility owner/operator that he or she has chosen not to object, the facility may not receive the waste, notwithstanding [40 CFR 270.4(a)](/cfr/40/270.4.md?p=a), until the objection has been resolved, or the owner/operator obtains a permit modification in accordance with the procedures of [§ 270.42](/cfr/40/270.42.md) specifically authorizing receipt of the waste.
  - (6) As part of the permit issuance or permit modification process of [paragraph (d)](#d) of this section, the Regional Administrator may modify, reduce, or eliminate the notification requirements of this paragraph as they apply to specific categories of CAMU-eligible waste, based on minimal risk.
- (f) Generators of CAMU-eligible wastes sent off-site to a hazardous waste landfill under this section must comply with the requirements of [40 CFR 268.7(a)(4)](/cfr/40/268.7.md?p=a-4); off-site facilities treating CAMU-eligible wastes to comply with this section must comply with the requirements of [§ 268.7(b)(4)](/cfr/40/268.7.md?p=b-4), except that the certification must be with respect to the treatment requirements of [paragraph (a)(2)](#a-2) of this section.
- (g) For the purposes of this section only, the “design of the CAMU” in [40 CFR 264.552(e)(4)(v)(E)](/cfr/40/264.552.md?p=e-4-v-E) means design of the permitted Subtitle C landfill.

## Notes

### Amendments

[67 FR 3028, Jan. 22, 2002, as amended at 71 FR 40274, July 14, 2006]

### Authority

Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, and 6939g.

### Source

Source: 45 FR 33221, May 19, 1980, unless otherwise noted.

### Amendments

[67 FR 3028, Jan. 22, 2002, as amended at 71 FR 40274, July 14, 2006]
