[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR264.314]
[Page 348-349]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 264_STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT,
STORAGE, AND DISPOSAL FACILITIES--Table of Contents
Subpart N_Landfills
Sec. 264.314 Special requirements for bulk and containerized liquids.
(a) Bulk or non-containerized liquid waste or waste containing free
liquids may be placed in a landfill prior to May 8, 1985 only if:
(1) The landfill has a liner and leachate collection and removal
system that meet the requirements of Sec. 264.301(a); or
(2) Before disposal, the liquid waste or waste containing free
liquids is treated or stabilized, chemically or physically (e.g., by
mixing with a sorbent solid), so that free liquids are no longer
present.
(b) Effective May 8, 1985, 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.
(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
9095 (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 Sec. 260.11 of this chapter.
(d) 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) Has 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 Sec. 264.316 and is
disposed of in accordance with Sec. 264.316.
(e) Sorbents used to treat free liquids to be disposed of in
landfills must be
[[Page 349]]
nonbiodegradable. Nonbiodegradable sorbents are: materials listed or
described in paragraph (e)(1) of this section; materials that pass one
of the tests in paragraph (e)(2) of this section; or materials that are
determined by EPA to be nonbiodegradable through the part 260 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 non bio de grad a ble 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) Effective November 8, 1985, 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 Sec. 144.3 of this chapter.)
[47 FR 32365, July 26, 1982, as amended at 50 FR 18374, Apr. 30, 1985;
50 FR 28748, July 15, 1985; 57 FR 54460, Nov. 18, 1992; 58 FR 46050,
Aug. 31, 1993; 60 FR 35705, July 11, 1995]