--- kind: "section" citation: "40 C.F.R. § 268.45" title: "40" number: "268.45" heading: "Treatment standards for hazardous debris." url: "https://uscodex.org/cfr/40/268.45" --- # §268.45. Treatment standards for hazardous debris. - (a) **Treatment standards.** Hazardous debris must be treated prior to land disposal as follows unless EPA determines under [§ 261.3(f)(2)](/cfr/40/261.3.md?p=f-2) of this chapter that the debris is no longer contaminated with hazardous waste or the debris is treated to the waste-specific treatment standard provided in this subpart for the waste contaminating the debris: - (1) **General.** Hazardous debris must be treated for each “contaminant subject to treatment” defined by [paragraph (b)](#b) of this section using the technology or technologies identified in Table 1 of this section. - (2) **Characteristic debris.** Hazardous debris that exhibits the characteristic of ignitability, corrosivity, or reactivity identified under §§ [261.21](/cfr/40/261.21.md), [261.22](/cfr/40/261.22.md), and [261.23](/cfr/40/261.23.md) of this chapter, respectively, must be deactivated by treatment using one of the technologies identified in Table 1 of this section. - (3) **Mixtures of debris types.** The treatment standards of Table 1 in this section must be achieved for each type of debris contained in a mixture of debris types. If an immobilization technology is used in a treatment train, it must be the last treatment technology used. - (4) **Mixtures of contaminant types.** Debris that is contaminated with two or more contaminants subject to treatment identified under [paragraph (b)](#b) of this section must be treated for each contaminant using one or more treatment technologies identified in Table 1 of this section. If an immobilization technology is used in a treatment train, it must be the last treatment technology used. - (5) **Waste PCBs.** Hazardous debris that is also a waste PCB under [40 CFR part 761](/cfr/40/part761.md) is subject to the requirements of either [40 CFR part 761](/cfr/40/part761.md) or the requirements of this section, whichever are more stringent. - (b) **Contaminants subject to treatment.** Hazardous debris must be treated for each “contaminant subject to treatment.” The contaminants subject to treatment must be determined as follows: - (1) **Toxicity characteristic debris.** The contaminants subject to treatment for debris that exhibits the Toxicity Characteristic (TC) by [§ 261.24](/cfr/40/261.24.md) of this chapter are those EP constituents for which the debris exhibits the TC toxicity characteristic. - (2) **Debris contaminated with listed waste.** The contaminants subject to treatment for debris that is contaminated with a prohibited listed hazardous waste are those constituents or wastes for which treatment standards are established for the waste under [§ 268.40](/cfr/40/268.40.md). - (3) **Cyanide reactive debris.** Hazardous debris that is reactive because of cyanide must be treated for cyanide. - (c) **Conditioned exclusion of treated debris.** Hazardous debris that has been treated using one of the specified extraction or destruction technologies in Table 1 of this section and that does not exhibit a characteristic of hazardous waste identified under [subpart C](/cfr/40/subpartC.md), [part 261](/cfr/40/part261.md), of this chapter after treatment is not a hazardous waste and need not be managed in a subtitle C facility. Hazardous debris contaminated with a listed waste that is treated by an immobilization technology specified in Table 1 is a hazardous waste and must be managed in a subtitle C facility. - (d) **Treatment residuals—** - (1) **General requirements.** Except as provided by paragraphs [(d)(2)](#d-2) and [(d)(4)](#d-4) of this section: - (i) Residue from the treatment of hazardous debris must be separated from the treated debris using simple physical or mechanical means; and - (ii) Residue from the treatment of hazardous debris is subject to the waste-specific treatment standards provided by subpart D of this part for the waste contaminating the debris. - (2) **Nontoxic debris.** Residue from the deactivation of ignitable, corrosive, or reactive characteristic hazardous debris (other than cyanide-reactive) that is not contaminated with a contaminant subject to treatment defined by [paragraph (b)](#b) of this section, must be deactivated prior to land disposal and is not subject to the waste-specific treatment standards of [subpart D](/cfr/40/subpartD.md) of this part. - (3) **Cyanide-reactive debris.** Residue from the treatment of debris that is reactive because of cyanide must meet the treatment standards for D003 in “Treatment Standards for Hazardous Wastes” at [§ 268.40](/cfr/40/268.40.md). - (4) **Ignitable nonwastewater residue.** Ignitable nonwastewaster residue containing equal to or greater than 10% total organic carbon is subject to the technology specified in the treatment standard for D001: Ignitable Liquids. - (5) **Residue from spalling.** Layers of debris removed by spalling are hazardous debris that remain subject to the treatment standards of this section. ## Notes ### Amendments [57 FR 37277, Aug. 18, 1992, as amended at 59 FR 48103, Sept. 19, 1994; 63 FR 28738, May 26, 1998; 71 FR 40279, July 14, 2006] ### Authority Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924. ### Amendments [57 FR 37277, Aug. 18, 1992, as amended at 59 FR 48103, Sept. 19, 1994; 63 FR 28738, May 26, 1998; 71 FR 40279, July 14, 2006]