vvEPA
United States Office of Solid Waste
Environmental Protection 401 M Street, SW
Agency Washington, D C 20460
EPA/530-SW-87-019A
May 1987
Land Disposal
Restrictions Summary
Volume!
Solvents and Dioxins
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LAND DISPOSAL RESTRICTIONS SUMMARY
VOLUME 1
SOLVENTS AND DIOXINS
Submitted to:
Office of Solid Waste
U.S. Environmental Protection Agency
Washington, DC
May 1987
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CONTENTS
Page
1. Introduction 1
2. Treatment Standards (Section 268.40) 7
How Are the Treatment Stcindards Established? 7
What Is the Best Demonstrated Available 8
Technology (BDAT)?
Setting the Treatment Standards 10
What is the TCLP? 10
3. Variances and Extensions 11
Variance from the Treatment Standard (Section 268.44) 11
Two-Year National Capacity Variance (Section 268.30) 12
Case-by-Case Extensions (Section 268.5) 13
"No Migration" Petitions (Section 268.6) 15
Rulemaking Procedures 15
4. Treatment in Surface Impoundment Exemption 17
(Section 268.4)
5. Prohibition on Dilution (Section 268.3) 19
6. Storage Prohibition (Section 268.50) 21
7. Permit Program 25
Interim Status Facilities 25
Permitted Facilities (Section 270.42) "25
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CONTENTS (continued)
,' . \
8. Testing and Recordkeeping (Section 268.7) 27
Generator Responsibilities 27
Treatment Facility Responsibilities 28
Land Disposal Facility Responsibilities 29
9. Treatment Standards for Solvents (Section 268.41) 31
What Solvent wastes Are Covered Under the F001-FQ05 31
Listing? (Section 268.31)
Basis for the Solvent Treatment Standards 31
Effective Date of Solvent Land Disposal 32
Restrictions (Section 268.30)
10. Treatment Standards for Dioxins (Section 268.41) 35
Effective Date of Dioxin Land Disposal 35
Restrictions (Section 268.-31)
Appendix A Information Requirements for a Petition
for a Variance From the Treatment Standard
Appendix B Information Requirements for a Petition
for a Case-by-Case Extension
i
Appendix C Information Requirements for a Petition
for a "No Migration" Exemption
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1. INTRODUCTION
The Hazardous and Solid Waste Amendments (HSWA) to the
Resource Conservation and Recovery Act (RCRA) were enacted on
November 8, 1984. Among other things, these far-reaching
amendments require EPA to evaluate all hazardous wastes
according to a strict schedule to determine whether land
disposal of these wastes is protective of human health and the
environment. For wastes that are restricted from land
disposal, the amendments require EPA to set levels or methods
of treatment which substantially diminish a waste's toxicity or
reduce the likelihood that a waste's hazardous constituents
will migrate. Beyond specified dates,'restricted wastes which
do not meet the treatment standards (or are otherwise exempt as
discussed in this booklet) are prohibited from land disposal
(see Table 1). According to HSWA, if EPA fails to set
treatment standards for a particular waste by specified
deadlines, that waste is automatically prohibited from land
disposal. These so-called "hammer provisions" provide the
impetus for EPA to keep to the strict schedule.
On November 7, 1986, EPA promulgated the first phase of the
land disposal restrictions. In the November 7, 1986 final
rule, EPA established the framework for implementing the land
disposal restrictions program. EPA also established specific
treatment standards and effective dates for the first category
of wastes subject to the restrictions, F001-F005 spent solvent
wastes, and F020-F023 and F026-F028 dioxin-containing wastes.
This booklet summarizes the November 7, 1986 rulemaking and
describes the key regulatory requirements pertaining to
treatment standards, variances, and extensions. The booklet ^
also outlines the new responsibilities of generators, treatment
facilities, and disposal facilities under the rule. Finally,
it provides an overview of the specific treatment standards
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TABLE, 1-
SCHEDULE FOR'LAND DISPOSAL PROHIBITIONS
November 8, 1986
July 8, 1987
August Qf 1988
November 8, 1988
June 8, 1989
May 8, 1990
Within 6 months of
listing or identification
(these wastes are not subject
to the automatic land disposal
prohibition)
Dioxin-cont am ing wastes
(F020, F021~, F0"22", F023,
F026, F027, F028)
Spent solvents7 (F001, F002,
P003> POO4, POO5)
California list wastes
(Liquid haz a r dous was te s
containing: free cyanides,
PCBs, and certain metals at
or above specified
concentration levels, and
those liquid hazardous wastes
having: a^pH of less than or
equal to 2.0. Also, both
liquid and non-liquid
hazardous"wastes containing
halogenated organic compounds
at or above specified
concentration levels.)
At least one^third of all
listed hazardous wastes
Wastes disposed-of-in
injection wells
Contaminated soil and debris
from CERCLA Section 104 or
106 response actions and RCRA
co r r ective actions
At least two-thirds of all
listed hazardous wastes
All remaining listed
hazardous wastes
All characteristic hazardous
wastes
Newly listed wastes
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for solvent- and dioxin-containing wastes, the first wastes
that EPA has evaluated for the land disposal restrictions. The
booklet is geared to individuals who are familiar with EPA's
hazardous waste regulatory program. While it presents a
summary of the land disposal restrictions program, it is not
intended to be a comprehensive review of all regulatory issues
associated with the November 7 rulemaking. For further
information, contact the RCRA/Superfund Hotline at (800)
424-9346 (toll free) or (202) 382-3000 in the Washington, D.C.
metropolitan area.
In the final rule, EPA defined land disposal to include,
but not be limited to, any. placement of hazardous waste in:
Landfills.
Surface impoundments.
Waste piles.
Injection wells.
Land treatment facilities.
Salt domes or salt bed formations.
Underground mines or caves.
Concrete vaults or bunkers.
The land disposal restrictions rule covers hazardous wastes
placed in land disposal units after the effective dates of the
prohibitions. Wastes disposed of before November 7, 1986 do
not have to be removed from land disposal for treatment.
However, if wastes are removed from land disposal, the wastes
must meet the applicable treatment standards before subsequent
new placement in or on the land, or they must be the subject of
a variance or extension as discussed in this booklet.
Contaminated soil and debris from CERCLA Section 104 and 106
response actions and RCRA corrective actions are not subject to
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the land disposal restrictions rule until November 8, 1988. In
addition, wastes disposed of in underground injection wells are
not subject to the land disposal restrictions until August 8,
1988.
Wastes which are placed into storage prior to the effective
date are not subject to the restrictions on storage. However,"
once taken out of storage, these wastes must meet the
applicable treatment standards prior to land disposal, or they
must be the subject of a variance or extension as discussed in
this booklet.
Wastes may be treated in surface impoundments that meet
minimum technological requirements provided that (among other
things discussed in this booklet) treatment residuals which do
not meet the treatment standards are removed within one year of
placement of the waste in the impoundment.
i
Both interim status and permitted facilities are subject to
the land disposal restrictions rule (these restrictions
supersede 40 CFR 270.4(a) which currently provides that
compliance with a RCRA permit constitutes compliance with
Subtitle C). However, small quantity generators of less than
100 kg/month of hazardous waste (or less than 1 kg/month of
acute hazardous waste) are not subject to the restrictions.
The November 7, 1986, final rule outlines the Agency's
approach to implementing the congressionally mandated
restrictions on land disposal of hazardous waste. The rule
includes:
Procedures for setting treatment standards.
Procedures for obtaining variances from the treatment
standards.
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Procedures for granting nationwide variances from the
effective dates of the land disposal restrictions due to
insufficient alternative treatment capacity.
Procedures for obtaining extensions to the effective
dates of the land disposal restrictions on a
case-by-case basis.
Procedures for petitioning to obtain a variance from the
land disposal restrictions based on a finding that there
will be no migration of hazardous constituents from the
disposal unit or infection zone for as long as the
wastes remain hazardous.
Provisions for allowing restricted wastes to be treated
in surface impoundments.
Provisions for prohibiting dilution as a substitute for
adequate treatment to achieve the treatment standards.
Provisions for prohibiting the storage of restricted
hazardous wastes.
Provisions for modifying permits.
Requirements for testing and recordkeeping.
Specific treatment standards for certain dioxin- and
spent solvent-containing wastes.
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2. TREATMENT STANDARDS (SECTION 263.40)
HSWA prohibits land disposal of restricted wastes unless
EPA determines that continued land disposal is protective of
human health and the environment, or unless the applicable
treatment standards have been met. HSWA requires EPA to set
levels or methods of treatment which substantially diminish the
toxicity of a waste or substantially reduce the likelihood that
hazardous constituents wi]l migrate from a waste. These levels
or methods, referred to as treatment standards, must minimize
short- and long-term threats to human health and the
environment. After the effective dates of the prohibitions,
hazardous wastes that do not comply with the treatment
standards are prohibited from being placed in land disposal
units unless:
EPA has approved a petition demonstrating that hazardous
constituents will not migrate from the land disposal
unit for as long as the wastes remain hazardous.
EPA has granted an extension to the effective date of
the prohibition.
How Are the Treatment Standards Established?
To establish treatment standards, EPA identifies wastes
with similar characteristics (i.e., similar physical and
chemical properties). EPA then categorizes these similar
wastes into broad "waste treatability groups" and subgroups.
The treatability groups take into account differences in the
types and effectiveness of treatment for those particular
wastes. Treatability groups may be formed by grouping wastes
by industries or manufacturing processes which generate wastes
with similar treatability characteristics. EPA then evaluates
identified technologies used to treat the wastes to determine
the best demonstrated available technology (BOAT) for each
waste treatability group.
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What Is the Best Demonstrated Available Technology (BOAT)?
BDAT is the best available method of treatment demonstrated
to be achievable for each waste treatability group. To
establish BOAT for a particular waste treatability group, EPA
first collects and analyzes data on existing treatment
technologies for that waste group that are demonstrated by
full-scale operation. EPA will not consider pilot- and
bench-scale operations in identifying "demonstrated" treatment
technologies.
Once EPA has identified ^demonstrated" technologies, the
Agency then determines whether these technologies may be
considered "available," as based on three criteria:
The technology must be commercially available.
The technology must present less risk to human health
and the environment than land disposal of the untreated
waste.
The technology must provide substantial treatment.
Technologies considered in setting BOAT must be found to be
commercially available (i.e., either the technology itself, or
the services of the technology, may be purchased). A
proprietary or patented treatment technology must be able to be
purchased from the proprietor. If it cannot be purchased, the
technology is considered unavailable and the treatment standard
will be based on the next best technology that is available.
EPA then compares the risks to human health and the
environment associated with treatment of the wastes by the
demonstrated technologies to the risks associated with the land
disposal of untreated wastes. Based on this comparative risk
assessment, those treatment technologies that present greater
risks than land disposal of 'the untreated wastes will be
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considered unavailable, and will be excluded as a basis for
establishing treatment standards.
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If all demonstrated treatment technologies present greater
risks than land disposal for a particular waste, EPA will not
set a treatment standard for that waste. Therefore, the
restricted waste will be prohibited from land disposal (unless
it is the subject of an approved "no migration" petition) until
a new or improved technology emerges that does not pose a
greater risk than land disposal,
EPA will not consider treatment technologies that are
prohibited under RCRA Section 3004(n) because of the potential
for air emissions of hazardous constituents as available for
purposes of establishing treatment standards.
Also, to be considered an available technology, the
technology must provide substantial treatment, that is, it must
substantially diminish the toxicity of the waste or reduce the
likelihood of migration of the waste's hazardous constituents.
This excludes technologies that would provide treatment only
for the sake of treatment without providing substantial
reduction in risk to human health and the environment.
Once the demonstrated available treatment technologies are
identified, EPA then evaluates performance data on these
technologies to determine if the data are representative of
well-designed and well-operated systems. Only data from
well-designed and well-operated systems will be considered in
setting BDAT. These performance data are then analyzed to
determine the best demonstrated available technology.
When treatment data are available for several different
technologies, EPA is using a statistical method known as
analysis of variance to determine the level of performance that
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represents BOAT. EPA is also using a process variability
factor in setting BOAT which takes into account normal
variability in well-designed and well-operated treatment
processes.
Setting the Treatment standards
Once BDAT is identified, EPA then establishes the treatment
standards as either a specific technology (or group of
technologies) or as a performance level (i.e., the
concentration level of hazardous constituents in a waste or
extract of the waste that is representative of treatment by
BDAT; for the November 7, 1986 rule covering solvents and
dioxins, this is expressed as a concentration level of
hazardous constituents in an extract of the waste developed by
using the Toxicity characteristic Leaching Procedure [TCLP]).
Wherever possible, EPA will attempt to set concentration-based
performance standards since they will provide the most
flexibility to the regulated community. Treatment technologies
that are not used in setting treatment standards may still be
used to comply with treatment standards expressed as
performance levels.
What Is the TCLP?
The TCLP is an analytical method used to determine whether
the concentrations of hazardous constituents in a waste extract
or an extract of the treatment residual meet the applicable
treatment standards. EPA promulgated the TCLP for use only in
the solvents and dioxins final rule, and only when treatment
standards are expressed as concentration levels of hazardous
constituents in an extract. EPA may revise the TCLP at some
future date based on public comments received on the June 13,
1986 Organic Toxicity Characteristic proposed rule (51 PR
21648).
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3. VARIANCES AND EXTENSIONS
Under certain conditions, EPA may grant a variance from the
treatment standard, an extension to the effective date of the
land disposal prohibition, or an exemption from the prohibition
for a specific waste at a specific site. In the November 7,
1986 rulemaking, EPA established four types of variances and
extensions:
Variance from the treatment standard.
Two-year national capacity variance.
Case-by-case extension.
"No migration" petition.
Variance from the Treatment Standard (Section 268.44)
EPA established the variance from the treatment standard to
account for wastes that are significantly different from the
wastes evaluated by EPA in setting treatment standards and,
therefore, cannot be treated to meet the applicable treatment
standard; for example, exotic wastes, wastes formed by
inadvertent mixing, and wastes that require the use of
technologies different from those used to set the treatment
standard. If a petitioner can successfully demonstrate that a
waste is significantly different from the wastes in its
treatability group such that it cannot meet the treatment
standard, EPA will grant, a variance from the treatment standard
for that particular'waste. In granting a variance, EPA will
establish a new treatab:lity group for that waste (and all
similar wastes), and set a new treatment standard.
For EPA to grant a variance, the petitioner must not only
successfully demonstrate that the waste is significantly
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different from the wastes evaluated by EPA in setting the
treatment standards, but also demonstrate that the waste cannot
meet the treatment standard. The petitioner must show (by
actual treatment attempts that fail, or by extensive analyses
of the waste) that treatment of the waste by well-designed and
well-operated technologies is unsuccessful in meeting the
specified levels, or that the waste cannot be treated by the
specified technology.
Anyone submitting a petition, for a variance from the
treatment standard must certify that all information in the
petition (see Appendix A) is true, accurate, and complete. In
addition, they must comply with all applicable hazardous waste
management regulations during the petition evaluation process.
In considering variance petitions, EPA first will compare
the physical and chemical characteristics of the petitioner's
waste with the physical and chemical characteristics of the
wastes evaluated by the Agency in setting the treatment
standard. This comparison will enable EPA to reexamine its
treatment standard for the waste. EPA will then determine
whether the petitioner's treatment system (if any) is well
designed and well operated, and whether the system reflects
treatment by BOAT (although the restricted wastes are not
required to be treated by BDAT).
Two-Year National Capacity Variance (Section 268.30)
Certain wastes may continue to be land disposed without
treatment for up to two years ipast the statutory effective
dates of the restrictions rule if EPA determines that adequate
treatment capacity is not available on a nationwide basis. In
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determining the need for a national capacity variance, EPA will
consider, on a nationwide basis, both the capacity of
alternative treatment technologies and the quantity of
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restricted waste generated. If sufficient waste treatment
capacity is available, the restriction on land disposal of that
waste goes into effect on the statutory deadline. If there is
a significant shortage of national capacity to treat all the
restricted waste, EPA may set an alternative effective date
based on the earliest date on which adequate treatment capacity
becomes available*
In determining available capacity, EPA will consider both
permitted and interim status on-line facilities. EPA will also
consider planned facilities and capacity extensions that will
be on-line by the effective date of a land disposal '
prohibition. On-line facilities will include on-site and
off-site facilities, as well as stationary and mobile
facilities. EPA will not consider underground injection in its
capacity determinations until the Agency has determined whether
such injection is fully protective of human health and the
environment.
EPA will compare available treatment capacity nationwide to
the quantities of the restricted waste generated annually
nationwide. Available capacity will include:
Commercially available capacity.
Private facility capacity which can be used to manage
additional waste generated by that facility.
Private facility capacity which can be used to manage
wastes generated by other facilities (i.e., can act as a
commercial facility).
Case-by-Case Extensions (Section 268.5)
In cases where alternative treatment or disposal capacity
cannot reasonably be made available by the effective date of
the land disposal prohibitions, interested parties may petition
EPA for an extension of the effective date on a case-by-case
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basis. EPA may grant a case-by-case extension of up to one
year. This extension is renewable only once.
To be considered for a case-by-case extension, a petitioner
must demonstrate a good faith effort to locate and contract
with hazardous waste treatment, recovery, or dispo'sal
facilities nationwide to manage the waste. A petitioner must
also demonstrate that he has entered into a binding contract to
construct or otherwise provide adequate treatment, recovery,
disposal capacity sufficient to manage the entire volume of
wastes. In addition, a petitioner must demonstrate that, due
to circumstances beyond his control, alternative treatment,
recovery, or disposal capacity cannot reasonably be made
available by the effective date.
Anyone submitting a petition for a case-by-case extension
must certify that all information in the petition-(see Appendix
B) is true, accurate, and complete. In addition, they must
comply with all applicable hazardous waste management
regulations during the petition evaluation process.
If wastes that receive an extension to the effective date
(either a 2-year national variance or a case-by-case extension)
are to be placed in or on the land, then they must be placed in
a facility that is in compliance with the minimum technological
requirements. These requirements, including a double liner,
leachate collection system, and ground-water monitoring system,
apply to new units, replacement units, or lateral expansions of
existing landfills or surface impoundments at existing
facilities. Wastes receiving an extension may also be placed
in such facilities that meet other alternative operating
practices, design features, or siting characteristics
determined by the EPA Administrator to be equally protective of
human health and the environment.
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"No Migration" Petitions (Section 268.6)
EPA will consider allowing land disposal of restricted
wastes if a petitioner can demonstrate, to a reasonable degree
of certainty, that such disposal will not allow migration of
hazardous constituents from the disposal unit or injection zone
for as long as the wastes remain hazardous. In general, a
successful "no migration" petition (see Appendix c for petition
requirements) will allow only land disposal of a specific waste
at a specific unit.
EPA believes that there will be very few instances when "no
migration" demonstrations can be successfully made. However,
candidates for a successful petition include cases where wastes
containing relatively immobile hazardous constituents are
placed in monofills located in arid climates with no
ground-water recharge. Other candidates for "no migration"
petitions are cases where a small amount of compatible waste is
placed in a massive and stable geological formation such as a
salt dome.
Rulemaking Procedures
All variances and extensions are rulemaking procedures.
Variances from the treatment standard, case-by-case extensions,
and "no migration" exemptions are petition processes (the
two-year national capacity variance is solely an EPA
determination). EPA will publish its tentative determination
on a petition in the Federal Register. After a 30-day comment
period, EPA will publish its final decision in the Federal
Register.
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4. TREATMENT IN SURFACE IMPOUNDMENT EXEMPTION (SECTION 268.4)
EPA will allow hazardous wastes to be treated in surface
impoundments under the following conditions:
Treatment residuals not meeting the treatment standards
can remain in a surface impoundment for up to one year.
Beyond that time period, the treatment residuals that do
not meet the treatment standards must be removed and
treated to meet the treatment standards before being
disposed, and may not be placed into another surface
impoundment (treatment residuals that do meet the
treatment standards may remain in the surface
impoundment). In cases where the volume of liquid
wastes annually flowing through an impoundment (or
series of impoundments) is greater^ than the capacity of
the impoundment, this flow-through may constitute annual
removal of the supernatant for the purposes of this
requirement (this will not, however, constitute removal
of any sludge residues requiring annual removal).
The surface impoundment must meet minimum technological
requirements including a double liner, leachate
collection system, and ground-water monitoring system, or
The surface impoundment must meet other alternative
operating practices, design features, or siting
characteristics determined by the EPA Administrator to
be equally protective of human health and the
environment.
A surface impoundment may receive a waiver from the double
liner and leachate collection system requirements if EPA
determines that it meets certain other conditions, including:
It has at least one liner that is not leaking; it is
located more than one-quarter mile from an underground
drinking water source; and it is in compliance with the
applicable ground-water monitoring requirements of RCRA
Section 3005.
or
It is located, designed, and operated so as to ensure
that no hazardous constituents will migrate to ground
water or surface water in the future.
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Owners or operators seeking an exemption for treatment in
surface impoundments must certify to the EPA Regional
Administrator that the impoundment meets the minimum
technological requirements (or is exempt as discussed above),
and must submit a copy of the facility's waste analysis plan.
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5. PROHIBITION ON DILUTION (SECTION 268.3)
The land disposal restrictions rule prohibits the dilution
of restricted wastes as a substitute for adequate treatment to
meet the treatment standards. This provision ensures that no
individual circumvents the intent of EPA's concentration-based
regulations by simply adding material to wastes that do not
meet the treatment standards, rather than treating the wastes.
Dilution as a necessary part of the waste treatment process
is allowed under the final rule. For example, the addition of
an acidic or basic reagent to a waste in a neutralization pond
does not merely dilute the waste into a larger volume of waste;
rather, the addition of the reagent is a necessary part of the
process of chemically altering the waste so as to render it
less hazardous.
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6. STORAGE PROHIBITION (SECTION 268.50)
Under the land disposal restrictions rule, storage of
restricted wastes is prohibited except where storage is solely
for the purpose of accumulating sufficient quantities of wastes
to facilitate proper treatment, recovery, or disposal.
Treatment, storage, and disposal facilities may store
restricted wastes for as long as needed, provided that such
storage is solely for this purpose. However, if the facility
stores a restricted waste for mare than one year, it bears the
burden of proof, in the event of an enforcement action, that
the storage was solely for this purpose (there is no
notification requirement for storage of more than one year).
For storage of less than one year, EPA bears the burden of
proof that such storage was not for the sole purpose of
accumulating sufficient quantities of wastes to facilitate
proper treatment, recovery, or disposal. This prohibition on
storage does not apply to wastes which meet the treatment
standard, wastes which have been granted an extension to the
effective date, and wastes which are the subject of a "no
migration" exemption.
For generators without a RCRA permit or interim status, the
rules governing storage (Section 262.34) have not changed under
the land disposal restrictions rule. Large quantity generators
may store restricted hazardous wastes on-site for 90 days or
less without a permit or interim status. Small quantity
generators of 100 to 1,000 kg of hazardous wastes per month may
accumulate wastes for up to 180 days, or 270 days if the waste
must be transported 200 miles or more to a treatment, storage,
or disposal facility. (The EPA Regional Administrator may
grant a 30-day extension to these' storage limits on a
case-by-case basis.) The land,disposal restrictions now impose
the additional requirement that such storage must be solely for
the purpose of accumulating sufficient quantities of waste to
facilitate proper treatment, recovery, or disposal.
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As prior to the land disposal restrictions, all generator
storage must comply with the applicable standards of RCRA Part
265, including contingency planning, preparedness and
prevention, and personnel training. In addition, generators
must store their wastes in containers or tanks that are clearly
marked with the words "Hazardous Waste" and with the date on
which the tanks or containers enter storage. All container
markings must be clearly visible for inspection.
If compliance with the land disposal restrictions requires
storage beyond 90 days (or 180 days for small quantity
generator waste), generators must obtain RCRA interim status or
i
a RCRA permit. For a generator to qualify for interim status,
the wastes must have been placed into storage in tanks or
containers before the effective date of the restrictions. A
generator must also demonstrate that the additional storage
time is necessary to comply with the land disposal
restrictions. Generators who need to obtain interim status
must submit a Part A application to EPA by the earlier of two
deadlines:
Six months after publication of regulations which first
require the facility to comply with RCRA Part 265.
Thirty days after the date the facility first becomes
subject to the Part 265 standards. This is the most
likely deadline for most generators since a generator
first becomes subject to the permitting requirements
when the accumulation time limit is exceeded.
Interim status granted under these conditions will apply only
to those restricted wastes identified in the Part A application,
Generators who obtain interim status are subject to the
applicable RCRA Part 265 standards. EPA can take corrective
action against these generators pursuant to Section 3008(h) for
failure to comply with these standards. EPA can also require
the generator to submit a Part B permit application.
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The rales governing storage at transfer facilities (Section
263.12) have not changed under the land disposal restrictions.
Transporters may store restricted wastes at a transfer facility
for up to 10 days without a permit or interim status.
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7. PERMIT PROGRAM
Interim Status Facilities
Under RCRA, treatment facilities operating under interim
status may make certain changes to their operations which
enable them to handle new wastes. These changes include:
Accepting new wastes.
Increasing design capacity (if the facilities can
demonstate to EPA that there is a lack of available
capacity).
Changing treatment, storage or disposal processes as
necessary to comply with state or local laws.
To accept new wastes, interim status facilities must revise
their Part A permit applications. TO increase the design
capacity or change a treatment, storage, or disposal process,
an interim status facility must obtain prior approval from
EPA. RCRA limits these changes to facility alterations and
expansions that do not exceed 50 percent of the capital cost of
a comparable new facility.
In a notice published in the Federal Register on December
11, 1986, EPA proposed to give interim status treatment and
storage facilities more flexibility in managing wastes
restricted from land disposal. EPA proposed to allow these
interim status facilities to expand their operations by more
than 50 percent in order to treat or store restricted wastes in
tanks or containers.
Permitted Facilities (Section 270.42)
Prior to the November 7, 1986 land disposal restrictions
rule, permitted treatment facilities did not have the same
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flexibility to make waste management changes as interim status
facilities, 'in the November 7th rulemaking, EPA made some
changes (Section 270.42) which will allow permitted facilities
to treat restricted wastes more promptly and to increase the
availability of treatment capacity. A permitted facility may
now treat restricted wastes not identified in the permit if the
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treatment is such that the treatment residual meets the
applicable treatment standards!. In addition, permitted
f
facilities may treat new wastes as long as such treatment does
not pose substantially different risks from the risks
associated with wastes include^ in the permit. These changes
require an EPA-approved minor permit modification.
EPA proposed in the December 11, 1986 notice,to give
permitted treatment and storage facilities more flexibility in
managing wastes restricted from land disposal. EPA proposed to
allow these permitted facilities, through the minor permit
modification process, to change their operations so as to treat
or store restricted wastes in tanks or containers. The
proposed rule would allow only those changes needed to comply
with the land disposal restrictions rule. These permitted
facilities would be required to submit a major modification
request, which EPA would process at a later date, and to comply
with all applicable requirements of the RCRA Part 264 standards,
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8. TESTING AND RECORDKEEPING (SECTION 268.7)
The testing and recordkeeping requirements of the land
disposal restrictions rule reflect EPA's philosophy of tracking
wastes from generation to ultimate disposal. All restricted
wastes, whether treated and disposed on-site, or sent off-site
to a RCRA treatment or disposal facility or to a non-RCRA
recycling facility (although recycling facilities may be exempt
from RCRA regulation, the wastes they receive and the resulting
residues are regulated -by RCRA and subject to the land disposal
restrictions), are subject to some testing and recordkeeping
requirements. Generators, treatment facilities, and land
disposal facilities each have specific responsibilities under
the land disposal restrictions rule; however, the land disposal
facility bears the ultimate responsibility for ensuring that
only wastes meeting the treatment standards (or wastes that are
subject to an exemption or variance) are land disposed.
Generator Responsibilities
The generator is responsible for testing his waste or an
extract of his waste (developed by using the TCLP), or using
knowledge of his waste, to determine if his waste is restricted
from land disposal. If the generator determines that he is
managing a restricted waste, he is responsible for determining
whether his waste meets the applicable treatment standard. The
generator can also make this determination based either on
knowledge of the waste, or by testing the waste or waste
extract (developed by using the TCLP). If the generator has
used knowledge of his waste (whether it is sent to a treatment
facility or a disposal facility) to determine the applicable
treatment standard, or to determine if the applicable standard
has been met without treatment, he must maintain records (at
the location where the waste is generated) of all supporting
data used to make the determination. As prior to the land
disposal restrictions, the generator must also conduct a waste
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analysis if there is any reason to believe that the waste
composition or the generating process has changed; he cannot
t
rely on his knowledge of the waste in such cases.
If the waste meets the treatment standard, the generator
may transport the waste directly to the disposal facility/
providing a notice-with the following information:
The EPA Hazardous Waste Number(s).
The applicable treatment standard(s).
The manifest number associated with the waste shipment.
The waste analysis data (if available).
The generator must also provide a certification which states
that the waste delivered to the disposal facility meets the
treatment standard, and that the information included in the
notice is true, accurate, and complete. If EPA has granted an
extension to the effective date for a particular waste, it is
the generator's responsibility to notify the land disposal
facility.
For restricted wastes that do not meet the treatment
standard, the generator must send a notice with each shipment
to the treatment facility. The generator must determine the
appropriate treatment standard based on waste analysis data,
knowledge of the waste, or both.
i
Generators who treat and/or dispose of restricted waste
i
on-site must also comply withjthe recordkeeping requirements of
treatment and/or disposal facilities (except for the manifest
number).
Treatment Facility Responsibilities
Treatment facilities are responsible for treating
restricted wastes to the levels specified by the applicable
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treatment standards, or by the specified technology(les). A
treatment facility also is responsible for:
Keeping a copy of the notice and any available waste
analysis data provided by the generator in the treatment
facility's operating record.
Testing the treatment residual using the TCLP (according
to the frequency established in the facility's waste
analysis plan) to determine whether it meets the waste
extract concentration level.
Conducting a waste analysis if there is any reason to
believe that the waste composition or the treatment
process has changed.
Where treatment residuals meet-the treatment standards, the
treatment facility, like the generator who ships waste directly
to a disposal facility, must submit a notice and certification
to the disposal facility. The certification must state that
the treatment standards have been met in accordance with the
prohibition on dilution, and that the information is true,
accurate, and complete.
Where treatment residuals do not meet the treatment
standards and the facility ships the residuals off-site to
another treatment facility for further treatment, the notice
requirements are the same as for the original generator sending
the wastes to the treatment facility.
Land Disposal Facility Responsibilities
Land disposal facilities are responsible for ensuring that
only wastes meeting the treatment standards (or wastes that are
subject to an exemption or variance) are land disposed. In
addition, land disposal facilities must document that the waste
has been treated in accordance with the applicable EPA
treatment standards. The results of any waste analyses must be
placed in the land disposal facility's operating record, along
with a copy of all certifications and notices.
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9. TREATMENT STANDARDS FOR SOLVENTS (SECTION 268.41)
What Solvent Wastes Are Covered Under the F001-F005 Listing?
(Section 268.31)
Only solvent constituents listed in Table CCWE (Table 2 in
this booklet), when used to solubilize (dissolve) or mobilize
other constituents, are considered spent solvents under the
land disposal restrictions rule. A solvent is considered
"spent" when it has been used and is no longer fit for use
without being regenerated, reclaimed, or otherwise
reprocessed. Examples of spent solvents include solvents that
are used as degreasers, cleaners, fabric scourers, diluents,
extractants, and reaction and synthesis media. Manufacturing
process wastes containing F001-F005 solvent constituents are
not spent solvents where the solvent constituents are reactants
and not carriers (solvents) in the process.
Basis for the Solvent Treatment Standards
EPA identified nine treatment technologies that are
demonstrated and commercially available for F001-F005 spent
solvents. Using data that represented only well-designed and
well-operated systems, EPA calculated average performance
values for each specific waste treated with a particular
technology. Where one technology performed better than others,
EPA based the treatment standard on the best technology. If
several technologies performed equally well, EPA averaged the
performance values and multiplied the average value by a
variability factor to dei ive the treatment standard. The
variability factor was calculated in to account for
fluctuations inherent in the normal process of well-designed
and well-operated treatment systems.
EPA established three separate treatability groups for
spent solvent wastes:
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Wastewaters (defined for the purposes of Table CCWE as
solvent-water mixtures containing less than or equal to
1 percent total organic carbon [TOC] by weight).
Methylene chloride-containing wastewaters containing
less than or equal to 1 percent TOC generated from
pharmaceutical plants. |
All other spent solvent y/astes, including wastewaters
containing greater than 1 percent TOC/ solvent-
containing solids, solvent-containing sludges, and
solvent-contaminated soils.
Of the nine demonstrated treatment technologies, the
following four technologies formed the basis for the solvent
treatment standards:
Steam stripping.
Biological treatment.
Activated carbon treatment.
Incineration.
The solvent treatment standards are set as concentration levels
based on the above technologies; EPA is not requiring that
these specific technologies be used to meet the treatment
standards. Table 2 lists the Spent solvent treatment standards
expressed as concentrations in the treatment residual extract.
Effective Date of Solvent Land Disposal Restrictions (Section
268.30) . !
The following spent solvent wastes (F001-F005) have been
granted the maximum two-year national variance. Effective
November 8, 1988, these wastes are prohibited from disposal.
Wastes generated by small quantity generators of 100 to
1,000 kg/month of hazardous wastes.
Wastes resulting from CERCLA response actions and RCRA
corrective actions.
Solvent-water mixtures, solvent-containing sludges or
solids, and solvent-contaminated soil containing less
than one percent total F001-F005 solvent constituents.
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TABLE 2
SOLVENT TREATMENT STANDARDS3
TABLE CCWE
CONSTITUENTS OF
F001-F005
SPENT SOLVENT WASTES
Acetone
n-Butyl Alcohol
Carbon disulfide
Carbon tetrachloride
Chlorobenzene
Cresols (cresylic acid)
Cyclohexanone
1 ,2-Dichlorobenzene
Ethyl acetate
Ethylbenzene
Ethyl ether
Isobutanol
Methanol
Methylene chloride
EXTRACT CONCENTRATIONS
WASTEWATER
0.05
5.00
1.05
0.05
0.15
2.82
0.125
0.65
0.05
0.05
0.05
5.00
0.25
0.20b
(mg/1)
OTHER
0.59
5.00
4.81
0.96
0.05
0.75
0.75
0.125
0.75
0.053
0.75
5.00
0.75
0.96
aFor determining the applicable treatment standard,
wastewaters are defined as solvent-water mixtures containing
less than or equal to 1 percent total organic carbon.
^Treatment standard for wastewaters generated from
pharmaceutical plants is 12.7 mg/1.
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TABLE 2 (CONT.)
(
EXTRACT CONCENTRATIONS (mg/1)
CONSTITUENTS OF
P001-F005
SPENT SOLVENT WASTES WASTEWATER
Methyl ethyl ketone
Methyl isobutyl ketone
Nitrobenzene
Pyridxne
Tetrachloroethylene
Toluene
1,1,1-Trichlorbethane
lfl,2-Trichloro-lf2,2-tnfluoroethane
I
Trichloroethylene
Trichlorofluoromethane
Xylene
0.05
0.05
0.66
1.12
0.079
1.12
1.05
1.05
0.062
0.05
0.05
OTHER
0.75
0.33
0.125
0.33
0.05
0.33
0.41
0.96
0.091
0.96
0.15
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10. TREATMENT STANDARDS FOR DIOXINS (SECTION 268.41)
The treatment standards for dioxin-containing wastes F020,
F021, F022, F023, F026, F027, and F028 are based on
incineration to 99.9999 percent destruction and removal
efficiency. The standards require treatment to a level below
the routinely achievable detection limit of 1 ppb (using Method
8280 in SW-846) in the waste extract for the specific isomers
of tetra-, penta-, and hexachlorodibenzo-p-dioxins and
-dibenzofurans listed in Table CCWE. The treatment standards
for the chlorophenols a'lso require treatment to a level below
the routinely achievable detection'limit in the waste extract
as listed in Table CCWE.
Table 3 shows the dioxin-containing waste treatment
standards expressed as concentrations in the treatment residual
extract.
Effective Date of Dioxin Land Disposal Restrictions
(Section 268.31)
EPA has determined that there is a lack of treatment
capacity nationwide to handle dioxin wastes, therefore EPA has
granted the maximum two-year national variance to the effective
date of the dioxin land disposal restrictions to allow time for
the regulated community to develop the necessary capacity.
Effective November 8, 1988, the F020-F023 and F026-F028
dioxin-containing wastes are prohibited from land disposal.
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TABLE 3
I
DIOXIN TREATMENT STANDARDS
TABLE CCWE
P020-F023 AND F026-F028
DIOXIN-CONTAINING WASTES
EXTRACT
CONCENTRATIONS
HxCDD - All Hexachlorodibenzo-p-dioxins
HxCDF - All Hexachlorodibenzafurans
i
PeCDD - All Pentachloradibenzq-p-dioxins
PeCDF - All Pentachlorodibenzqfurans
I
TCDD - All Tetrachlorodibenzo-p-dioxins
TCDF - All Tetrachlorodibenzofurans
2,4,5-Tri chlorophenol
I
2,4,6-Tr i chlorophenol
2,3,4,6-Tetraclilorophenol
Pentachlorophenol
< 1 ppb
< 1 ppb
< 1 ppb
< 1 ppb
< 1 ppb
< 1 ppb
< 0.05 ppm
< 0.05 ppm
< 0.10 ppm
< 0.01 ppm
ppb 3 ug/1
ppm = mg/1
0503K
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Appendix A
Information Requirements for a Petition
for a Variance From the Treatment Standard
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Appendix A
Information Requirements £or a Petition
for a Variance From the Treatment Standard
A petition from the treatment standard must include the.
following information:
The petitioner's name and address.
The name, address, phone number, and EPA identification
number of the generating 'facility and of the facility
contact person.
A description of the waste generating processes and feed
materials.
A detailed description of the petitioner's waste
(including data and information on the physical and
chemical characteristics of the waste) that EPA can use
to compare the petitioner's waste to the wastes
considered by EPA in developing BDAT.
If the waste has been treated, a description of the
treatment system, including the process design,
operating conditions, and an explanation of why the
treatment standards cannot be achieved using the
treatment system, or an explanation of why the specified
treatment technology is inappropriate for the
petitioner's waste.
If the waste has not been treated, an explanation of why
the petitioner believes the waste will react to
treatment differently from the wastes evaluated by EPA
in developing the treatment standard.
A description of any alternative treatment systems
examined by the petitioner, and, as appropriate, the
concentrations in the treatment residual (using the
TCLP) that can be achieved by applying such treatment to
the waste.
The dates of the sampling and testing.
A description of the methodologies and equipment used to
obtain representative samples.
A description of the sample handling and preparation
techniques.
A description of the tests performed (including results),
A-l
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Appendix B
Information Requirements for a Petitionfor a
Case-by-case Extension to the EffectiveDate
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Appendix B
Information Requirements for a Petition for a
Case-by-Case Extension to the Effective Date
A case-by-case petition must include the following information:
A demonstration that a good faith effort has been made
to locate and contract with hazardous waste treatment,
recovery/ or disposal facilities nationwide to handle
the waste.
A demonstration that the petitioner has entered into a
binding contract to construct or otherwise provide
adequate treatment, recovery, or disposal capacity for
the waste.
A demonstration that, due to circumstances beyond the
petitioner's control, alternative treatment, recovery,
or disposal capacity cannot reasonably be made available
by the effective date of the land disposal restriction.
A demonstration that the capacity being constructed or
otherwise provided will be sufficient to manage the
waste.
A detailed schedule for obtaining all necessary
operating and construction permits and an outline of how
and when alternative capacity will be available.
A demonstration that arrangements have been made for
adequate capacity to manage the waste during the
extension. This demonstration must include an
identification and description of all waste management
sites.
B-l
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Appendix C
Information Requirements for a Petition for a
No Migration" Exemption
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Appendix c
Information Requirements for a Petition for a
"No Migration" Exemption
A "no migration" petition must include the following
information:
The identification and a full characterization of the
specific waste, including a comprehensive chemical and
physical characterization.
The identification and a comprehensive characterization
of the disposal unit, including background air, soil,
and water quality.
A demonstration that all waste and environmental
sampling, test, and analysis data are accurate and
reproducible.
A demonstration that EPA-approved sampling, testing, and
estimation techniques were used.
A demonstration that all simulation models for the
specific waste and disposal site conditions were
calibrated, and that the models were verified by actual
measurements.
Analyses performed to identify and quantify any aspects
that could contribute significantly to uncertainty
regarding the suitability of the site, including the
potential for damage from earthquakes, floods, severe
storms, droughts, or other natural phenomena.
A quality assurance and quality control plan that
addresses all aspects of the "no migration"
demonstration.
C-l
* US GOVERNMENT PMNTEWG OFFICE 1988 - 617-003 - 1302/84276
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