--- kind: "section" citation: "40 C.F.R. § 265.314" title: "40" number: "265.314" heading: "Special requirements for bulk and containerized liquids." url: "https://uscodex.org/cfr/40/265.314" --- # §265.314. Special requirements for bulk and containerized liquids. - (a) The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited. - (b) Containers holding free liquids must not be placed in a landfill unless: - (1) All free-standing liquid, - (i) has been removed by decanting, or other methods, - (ii) has been mixed with sorbent or solidified so that free-standing liquid is no longer observed; or - (iii) had been otherwise eliminated; or - (2) The container is very small, such as an ampule; or - (3) The container is designed to hold free liquids for use other than storage, such as a battery or capacitor; or - (4) The container is a lab pack as defined in [§ 265.316](/cfr/40/265.316.md) and is disposed of in accordance with [§ 265.316](/cfr/40/265.316.md). - (c) To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the following test must be used: Method 9095B (Paint Filter Liquids Test) as described in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, as incorporated by reference in [§ 260.11](/cfr/40/260.11.md) of this chapter. - (d) **The date for compliance with paragraph (a) of this section is November 19, 1981.** The date for compliance with [paragraph (c)](#c) of this section is March 22, 1982. - (e) Sorbents used to treat free liquids to be disposed of in landfills must be nonbiodegradable. Nonbiodegradable sorbents are: materials listed or described in [paragraph (e)(1)](#e-1) of this section; materials that pass one of the tests in [paragraph (e)(2)](#e-2) of this section; or materials that are determined by EPA to be nonbiodegradable through the [Part 260](/cfr/40/part260.md) petition process. - (1) **Nonbiodegradable sorbents.** - (i) Inorganic minerals, other inorganic materials, and elemental carbon (e.g., aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas (illite), vermiculites, zeolites; calcium carbonate (organic free limestone); oxides/hydroxides, alumina, lime, silica (sand), diatomaceous earth; perlite (volcanic glass); expanded volcanic rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoal/activated carbon); or - (ii) High molecular weight synthetic polymers (e.g., polyethylene, high density polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber, cross-linked allylstyrene and tertiary butyl copolymers). This does not include polymers derived from biological material or polymers specifically designed to be degradable; or - (iii) **Mixtures of these nonbiodegradable materials.** - (2) **Tests for nonbiodegradable sorbents.** - (i) **The sorbent material is determined to be nonbiodegradable under ASTM Method G21-70 (1984a)—** Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi; or - (ii) **The sorbent material is determined to be nonbiodegradable under ASTM Method G22-76 (1984b)—** Standard Practice for Determining Resistance of Plastics to Bacteria; or - (iii) **The sorbent material is determined to be non-biodegradable under OECD test 301B—** [CO2 Evolution (Modified Sturm Test)]. - (f) The placement of any liquid which is not a hazardous waste in a landfill is prohibited unless the owner or operator of such landfill demonstrates to the Regional Administrator or the Regional Administrator determines that: - (1) The only reasonably available alternative to the placement in such landfill is placement in a landfill or unlined surface impoundment, whether or not permitted or operating under interim status, which contains, or may reasonably be anticipated to contain, hazardous waste; and - (2) Placement in such owner or operator's landfill will not present a risk of contamination of any “underground source of drinking water” (as that term is defined in [40 CFR 270.2](/cfr/40/270.2.md)). ## Notes ### Amendments [45 FR 33232, May 19, 1980, as amended at 47 FR 12318, Mar. 22, 1982; 47 FR 32369, July 26, 1982; 50 FR 18374, Apr. 30, 1985; 50 FR 28750, July 15, 1985; 51 FR 19177, May 28, 1986; 57 FR 54461, Nov. 18, 1992; 58 FR 46050, Aug. 31, 1993; 60 FR 35705, July 11, 1995; 70 FR 34585, June 14, 2005; 71 FR 16912, Apr. 4, 2006; 71 FR 40276, July 14, 2006; 75 FR 13006, Mar. 18, 2010] ### Authority Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925, 6935, 6936, 6937, and 6939g. ### Source Source: 45 FR 33232, May 19, 1980, unless otherwise noted. ### Amendments [45 FR 33232, May 19, 1980, as amended at 47 FR 12318, Mar. 22, 1982; 47 FR 32369, July 26, 1982; 50 FR 18374, Apr. 30, 1985; 50 FR 28750, July 15, 1985; 51 FR 19177, May 28, 1986; 57 FR 54461, Nov. 18, 1992; 58 FR 46050, Aug. 31, 1993; 60 FR 35705, July 11, 1995; 70 FR 34585, June 14, 2005; 71 FR 16912, Apr. 4, 2006; 71 FR 40276, July 14, 2006; 75 FR 13006, Mar. 18, 2010]