EPA RCRA Hazardous Waste Management
Part 268: Land disposal restrictions – EPA RCRA Hazardous Waste Management

EPA RCRA Hazardous Waste Management 268.7: § 268.7 Testing, tracking, and recordkeeping requirements for generators, reverse distributors, treaters, and disposal facilities

Generators must determine, by testing or knowledge (concurrently with 262.11 if they wish), whether each waste meets the treatment standards of 268.40, 268.45 or 268.49. If it does not (or they do not determine), with the initial shipment to each treatment or storage facility they send a one-time written notice containing the items in the Generator Paperwork Requirements Table and keep a copy; if it meets the standards at generation they send a one-time notice and the signed certification that it complies with Subpart D; soils and changed wastes need their own notices; wastes land disposed under exemptions need the notice with the exemption stated. Generators treating prohibited waste in tanks, containers or containment buildings under 262.15 to 262.17 to meet the standards must follow a written waste analysis plan based on a representative analysis and kept on site. Knowledge-based determinations need supporting data on file; wastes excluded or exempted after generation need a one-time notice in the file describing the exclusion and disposition; generators keep all notices, certifications, analyses and documentation for three years from the last shipment of the waste (extended during enforcement); lab packs sent for incineration under 268.42(c) need a notice and a certification that no Appendix IV wastes are included; SQGs with tolling agreements under 262.20(e) notify on the initial shipment and keep the notice and agreement for three years after it ends. Treatment facilities must test treatment residues (TCLP extracts or total concentrations as the standard requires) at the waste analysis plan frequency and send the land disposal facility a one-time notice and the signed certification that treatment met the standards without impermissible dilution (with variants for analytical detection limits, decharacterised wastes with underlying hazardous constituents and UTS treatment), acting as generators when sending residues elsewhere; recyclers of materials used in a manner constituting disposal certify too. Land disposal facilities must hold the notices and certifications and test the waste or its extract at the waste analysis plan frequency. Debris excluded under 261.3(f) and soils found no longer to contain listed waste or exhibit a characteristic need one-time notifications or documentation, certification per shipment for treated debris, and three-year records.

Maintained by Gerard Blokdyk

Other controls in Part 268: Land disposal restrictions – EPA RCRA Hazardous Waste Management

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