United States
Environmental Protection
Agency
Office of Solid Waste
401 M. Street, S.W.
Washington, D.C. 20460
EPA/530-SW-87-020
May 1987
&EPA
Questions and Answers on Land
Disposal Restrictions for Solvents
and Dioxins
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Questions and Answers on Land
Disposal Restrictions for Solvents
and Dioxins
EPA Contract 68-01-7266
May 1987
Prepared for
Land Disposal Restrictions Branch
Office of Solid Waste
U.S. Environmental Protection Agency
Washington, DC 20460
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CONTENTS
Page
INTRODUCTION. .'..... j. .... : ' •
QUESTIONS AND ANSWERS - ' •
i
Scope and Applicability. . * . . .. _, . , -./ . . .. e . i
Definitions-* . . - . , .'_ ........ _. , . .' . . . . . . _. 5
Treatment/Best Demonstrated Available Technologies . 7
Small Quantity Generators. . .. ... . . . , . * . . . . 10
CERCLA Response Actron/RCRA Corrective Action
Wastes. ^ . _ ^ ^ H, ... . . „ . _ , . .
. .
. , _. .
, ...
. ^ ,,.-..-. . - , . ^. , ^ , ., . . ^ . . 13
Solvents, . .. ^ ,^ „ ^. ,
Dijoxlns. ^ -. ^ ,-. , . ^
^sting :and_Recordkeepinge ^ •-,-.-.'.
•Variance, from -±fe« Trea-tment . Stand ar.d
No.-aa±gra±ion ^eiition. ... . „ , . . .
Ease-by-case -extensi-ons, . . , ,. „ + . .. . .... . . , , 27
-Storage. .....=,:. .,»...,..., . . . . 28
Miscellaneous^ * . . » ... . -.',.., . -. ' , . . . . f . 3^
APPENDIX .
Addresses and Telephone Numbers of EPA Regional Offices
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INTRODUCTION
In 1976, Congress enacted the Resource Conservation and
Recovery Act (RCRA) to protect human health and the environment
from improper waste management practices. On November 8, 1984,
the Hazardous and Solid Waste Amendments (HSWA). were signed into
law, imposing substantial new responsibilities on those who manage
hazardous waste. Among other things, the amendments prohibit
land disposal of untreated hazardous wastes beyond specified
dates, unless a petitioner demonstrates to the Administrator of
the Environmental Protection Agency (EPA) that there will be no
migration of hazardous constituents from the land disposal unit
for as long as the waste remains hazardous. These prohibitions
are intended to protect the .environment from contamination by
the continued land disposal of hazardous wastes.
HSWA also directs EPA to develop treatment standards for all
hazardous wastes. These treatment- standards are based on tech-
nologies that substantially reduce the toxicity of the waste or
the likelihood of migration of hazardous constituents from the
waste. Wastes and treatment residuals that meet these treatment
. standards are not subject to the land disposal prohibitions.
On November. 7, 1986, EPA promulgated a final rule which
establishes a regulatory framework to implement the land disposal
prohibitions (51 FR"405727. This framework includes, among other
things, the procedures for:
0 Setting treatment standards for hazardous wastes based
•on the levels achievabl-e by" current technology.
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* Granting nationwide capacity"extensions .from the statutory
effective dates due to insufficient alternative treatment
capacity.
0 Granting case-by-case extensions to the effective dates
due to insufficient capacity and based on a demonstration
that a binding contractual agreement has been made to .
assure that capacity will be made available.
0 Evaluating petitions demonstrating that, continued land
disposal of hazardous wastes is protective of human health
and the environment.
"Evaluating^petitions for a variance from the treatment
standards in cases where a particular waste is significantly
different from wastes considered when determining the
treatment standards.
In addition, the rule establishes treatment standards and
effective dates for the first class of hazardous wastes to be
prohibited: certain dioxin-containing wastes and spent solvent \
wastes. Since its promulgation, the Agency has received a number
of questions concerning interpretation and applicability of the
land disposal restrictions final rule. Many of these questions
have been similar or duplicates of one another. This document
-presents a summary of the most frequently asked questions and
the appropriate responses.
Some of the questions contained in this volume concern the
application of regulations to specific situations. Because the
regulations are complex, their applicability can depend heavily
upon individual circumstances. The reader should, therefore,
avoid reading more into the responses than has been provided.
EPA staff are prepared to respond to specific questions regarding
the.applicability of the November 7, 1986 rule. For information
call the RCRA Hotline, toll-free, at 800-424-9346 (202/382-3000
in the Washington, D.C, metropolitan area). Contact the EPA
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Regional Offices for additional information, and for guidance
on specific wastes or sites. The addresses and telephone numbers
of the EPA Regional Offices are listed in the Appendix of
this document.
The answers provided in this document reflect land disposal
prohibition requirements covered by the Federal rules promulgated
on November T, 1986. The regulated community should note, however,
that compliance with applicable Federal requirements does not
relieve an individual from compliance with applicable State
requirements.
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SCOPE AND APPLICABILITY ••••'•
0: What specific solvent and dioxin wastes are covered bv the
November 7, 1986 final rule? Y
A: Under this final rule, EPA promulgated specific treatment
standards and effective dates for solvent-containing hazardous'
wastes numbered F001, F002,.F003, F004, and F005, .and dioxin-
containing hazardous wastes numbered F020, F021, F.022, F023
F026, F027, and F028. •
Q: The "California list" is expected to be promulgated as the
next phase of Land Disposal Restrictions in July 1987. What
ei:fect will these additional regulations have on the
November 7, 1986 final rule?
A: Promulgation of the "California list" will increase the number'
and types of waste streams that are subject to the provisions
of: the November 7, 1986 final rule. Petition procedures for
ca.se-by-case extensions, treatability variances, no^migration
petitions, and other provisions of the November 7, 1986 final
rule will apply to these waste-s unless otherwise stated in
the California list final rule. in addition, the Agency has
proposed (December 11, 1986, 51 FR 44714) to extend the
effective date of the Land Disposal Restrictions for certain
California^list wastes due to insufficient nationwide treat-
men^ capacity. To the extent there is an overlap of regulatory
requirements between the November 7, 1986 final rule and the
?a jfofnia,lis^rule' the standards established in the November
7, 1986 rule will supersede the California list standards.
Q: Can EPA extend the effective date of the land disposal restric-
tions beyond the 2-year national capacity extension provided
under the statute?
A: Yes. ^Although the Agency does not have the authority to grant
a national capacity extension for more than 2 years, EPA can
grant case-by-case extensions of an effective date after that
time. The Agency will consider applications for a one year
extension of the effective date (renewable once) if the
applicant demonstrates that a binding contract has been
entered into to construct or otherwise provide alternative
capacity that cannot reasonably be made available by the
applicable effective date due to circumstances beyond the
applicant's control.
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Q: Are injection wells covered under the November 7, 1986 final
rule?
A: No. Congress established a separate schedule for making
determinations regarding the prohibition of disposal of
solvent, dicxin, and California list hazardous wastes
in injection wells. The statutory deadline for disposal of
these hazardous wastes in injection wells is August 8, 1988.
Qj Does the November 1, 1986 rule for solvents and dioxins apply
to the disposal of lab packs?
A: Yes. If a lab pack contains restricted wastes, the entire
lab pack is subject to the land disposal restrictions. Thus,
a lab pack may not be land disposed unless the solvents or
other restricted wastes are removed before land disposal,
the solvents in the lab pack meet the treatment standard, or
a successful petition demonstration .has been made under
§268.6 (i.e., a "no-migration" petition).
Q: Do the Land Disposal Restrictions apply to disposal of
restricted wastes in on-site land disposal facilities?
A: Yes. All restricted wastes must meet the treatment standards
(or be the subject of a successful "no-migration" petition)
before being placed in or on the land regardless of whether
the land disposal facility is located on- or.off-site.
Q: Who has the ultimate responsibility for.determining whether
restricted wastes meet the applicable treatment standard
prior to land disposal?
A- The disposal facility has the ultimate responsibility for veri-
fying that only wastes meeting the treatment standards_are
land disposed. The land disposal facility must maintain all
documentation that the wastes are in compliance with the
applicable treatment standards. However, generators that^
send wastes directly to land disposal and treatment facili-
ties have the obligation to certify in writing that restricted
wastes (or residuals from treatment of restricted wastes) meet
the applicable, treatment standards.
Q: Is "the ash or residue resulting from incineration of restricted
wastes subject:to the treatment standards?
A: Yes. Residuals from treatment of restricted wastes must
meet.the treatment standards if these residuals are
to be placed in or on the land.
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Q: Does the November 7, 1986 final rule require that wastes
subject to the 2-year nationwide capacity extension be placed
. in units that meet the minimum technological requirements?
A: No. Such wastes may be placed in units that do not meet the
minimum technological requirements provided that the 'facility .•
meets the requirements of Parts 264 and 265 for any new,
expanded, or replacement units the facility may have.
Q: Are the "P" and "U" listed solvent wastes (i.e. ,- 40 CFR 261. .
33(e) and (f)) corresponding to the F001-F005 waste streams
subject to the November 1, 1986 rule? -
A: No. The statute does not require EPA to set treatment..standards
for the commercial chemical products and off-specification
species ("P" and "U" hazardous wastes) corresponding to the •
F001-F005 solvent-containing wastes by the November 8, 1986
deadline. The Agency will evaluate the "P" and "U" solvent wastes
in accordance with the final schedule for land disposal
prohibitions which was promulgated on May 28, 1986 (51 FR 19300) .
Q: What is the effect of the November 1, 1986 rule on reclamation
or other recycling of restricted hazardous wastes?
A: Restricted wastes may continue to be recovered or reclaimed.
However, while the reclamation operation itself is currently
exempt from regulation under RCRA, storage of restricted
wastes prior to reclamation is still subject to the provisions
specified in §268.50 of the final rule. Still bottoms and
other residues from reclamation of restricted wastes remain
subject to the land disposal restrictions.
Q: If restricted wastes are excavated and removed after the
November 8, 1986 effective date, are they subject to restrictions
although they were originally placed in the ground prior to
November 8,1986?
A: The Agency interprets the land disposal restrictions adopted .
in the November 7, 1986 rule as applying prospectively to
the affected hazardous wastes. Where restricted wastes land
disposed prior to the applicable effective date are removed,
subsequent placement of such wastes in or on the land would
be subject to the prohibitions and treatment provisions. .
If, however, the excavated wastes constitute contaminated
soil and debris from CERCLA 104 and 106 response actions or
RCRA corrective actions, the wastes are subject to a two-year
.statutory exemption. Futhermore, a two-year nationwide
capacity extension to the November 8, 1986 effective date
was-provided to CERCLA and RCRA corrective action wastes
other than soil and debris. . .
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Q: What happens when a State rule requires more stringent treatment
methods than are mandated ,by the Federal rule (e.g., California's
standard for defining an empty container does not allow 1 inch
of material left in the container as does the Federal .standard)?
A: State requirements which are determined to be more restrictive
than Federal requirements are fully enforceable and may be
enforced by both Federal and State authorities. State require-
ments that are broader in scope than Federal requirements
(i.e., there are no Federal analogs) are enforceable only by
State authorities. When Federal and State requirements are
mutually exclusive (e.g., a Federal requirement is promulgated
that is incompatable with a current State regulation), the
Federal requirements govern.
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DEFINITIONS .
Q: Is\the 1 percent cut-off for solvent wastes granted a 2-year
.nationwide capacity extension from the effective date based
on volume or weight?
A: The percentage of total F001-F005 solvent constituents is by
weight. , :. •
Q: How does the Agency define RCRA and CERCLA co-ntaminated soil
and debris? . • .
A: CERCLA and RCRA contaminated soil and debris wastes include,
but are not limited to., soils, dirt, and rock as well as
materials such as contaminated wood, tree stumps, clothing,
equipment, building materials, storage containers, and
liners. The Agency will define soils when it proposes the
land disposal restrictions for CERCLA and RCRA contaminated
soil and debris.
Q: Do open detonation and open'burning constitute forms of land
•disposal?
A: No. The final rule states that open detonation and open burn-
ing of explosive wastes do not constitute land disposal. These
methods are primarily treatment processes that typically
result in by-products which are no longer reactive, and,
therefore, are not considered hazardous. However, in cases
where explosive wastes are mixed with F001-F005 solvents
or other restricted wastes before being open detonated or :
burned, the residues must meet or be treated to the applicable
treatment standards if they are to remain in or on the land
(except where the explosive wastes are mixed with an F003
waste and the residues no longer exhibit the characteristic
of ignitability).
Q: What is the definition of land disposal?
A: For the purposes of land disposal restrictions, the statute
specifically defines land disposal to include, but not be
limited to, any placement of hazardous waste in a landfill,
surface impoundment, waste pile, injection well, land treatment
facility, salt dome or salt bed formation, or underground
mine or cave (RCRA section 3004(k), 42 U.S. C. 6924(k)).. The
Agency also considers placement in concrete vaults or bunkers
intended for disposal purposes as methods of waste management
subject to the land disposal restrictions.
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Q: What materials are considered residue after incineration?
A: Any materials derived from the incineration process—ash
and scrubber water. ,
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TREATMENT/BEST DEMONSTRATED AVAILABLE TECHNOLOGIES
Q: How are treatment standards based on the Best Demonstrated
Available Technology (BOAT) developed?
A:. To be considered a "demonstrated" treatment technology, a full
scale facility must be known to be in operation for;the waste
or similar wastes. The determination of "available" treatment
technologies is based on a showing that the technology does
not pose greater risks than land disposal, that it provides
substantial treatment, and that if the technology is a pro-
prietary or patented process it can be purchased from the
proprietor. Once the demonstrated available treatment tech-
nologies have been determined for a waste treatabillty group,
the Agency^collects data (from literature and sampling)
representing treatment performance and-information on the de- '
.sign and operation of the treatment systems. Identification
of BOAT results from a statistical-analysis of performance
data from well-designed and well-operated treatment units.
Q: Is there a provision for changing the treatment standards if
new treatment technologies are developed? ,
A: Yes. If a new technology is shown to be more effective in
reducing the concentration of hazardous constituents in the
waste (or the waste extract) than the existing technology
upon which the treatment standard has been based, the Agency
may revise the treatment standard. Such a revision would
follow the normal regulatory amendment process (i.e., publish
a proposal for public comment before taking final action). :
0: How did EPA collect the data upon which the treatment standards
for solvents and didxins were based?
A: The majority of the performance data evaluated by EPA in
developing BOAT for F001-F005 solvents were from full-scale .
operations. The Agency included some pilot-^ and : bench-scale
data from treatment technologies which are also demonstrated
on a full scale basis. With respect to dioxin-containing
wastes, the Agency evaluated existing data from the field
demonstration of EPA's Mobile Incineration System and other
available data of incineration at 99.9999% destruction and
removal efficiency.
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Qs
A-
is dilution which occurs as part, of * treatment process pcobiM ted-
under the November 7\ L986 final. rule's ;
No. Treatment which necessarily involves some degree, of
dilution (such as biological treatment or steam stripping)
is accentable" under, the Land .Disposal Restrictions. Also,
mixing wastes together prior to- treatment is not considered
dilution? Dilution is prohibited if it is ..conducted ^ lieu
of adequate treatment for purposes of attaining the applicable
treatment standards. : •
0: Does the November 7, 1986 final rule require treatment
restricted spent se-lvent wastes by the technology EPA used,
in setting its treatment standards?
A- The November 7, I9&& rule sets treatment .standards as measures -
' o? performance; the rule does not require the Regulated community
to utilize a prescribed technology to meet a treatment standard.
Therefore, wastes may be treated by any technology whl^Js;
capable of achieving the treatment standard , or^tay already
meet the treatment standards; as generated. Appendix II to - ...
?he November 7, 1986 final riale describes the treatment tech- -
noloaies which were used in Developing the treatment standards.
^information™ treatment technologies capable of acting-
the treatment standard is available in the BDAT development
document in the RCRA Docket*
Q: is solidification considered an" acceptable method of treating
restricted wastes?
A: Yes. Wherever possible, the Agency will establish treatment •
standards as performance standards rather than requiring a- -,.
specific treatment method. In such cases, any method (other
than inappropriate solidification practices that would be^
considered dilution to avoid^ adequate treatment) -whjch can
meet the treatment standard is acceptable. When the Agency
has specified a technology as the treatment standard, the
. applicable wastes must be treated using the specified tech-
nology. It should be noted that for many organics, solidi-
fication/stabilization is not effective in *nmobi ^J^ossible
constituents of concern, and therefore it may not be possible
to meet -the treatment standards using these treatment methods.
Solidification may, nonetheless, be a necessary prerequisite
to iSmd disposal to comply with the prohibition against free
liquids in landfills (40 CFR 264.SI4 and ^65.314) .
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.0:
A:
Do innovative technologies have to be permitted?
The Agency has recently proposed regulations (to be codified-
in.Subpart X of Part 264) which provide the mechanisms for
obtaining permits for innovative and miscellaneous technol-
ogies (51 PR 40726, November 7, 1986). These proposed rules
establish environmental performance standards to be met by
such miscellaneous units for which no specific design or oper-
ating standards exist elsewhere in Part 264* The proposed
rules also propose changes to Part 270, establishing the
mechanisms for applying for and receiving permits under Sub-
part X of Part 264. When the Subpart X rules are promulgated,
innovative technologies used to treat hazardous wastes will
have to be permitted. .-
Will all treatment technologies require Subpart X permits?
No. All treatment of hazardous waste is required to have a
RCRA permit according to the existing provisions in Part 264
( i«e»y Subparts I, j, K or O) unless exceptions exist (e.g.,
treatment in totally enclosed systems, treatment in wastewater
treatment units, etc). Subpart X regulations (when promulgated)
will be used to permit hazardous waste management technologies
not covered by the existing design or performance standards
addressed elsewhere in the RCRA regulations (e.g., incineration
standards of Subpart Q) . '—•
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SMALL QUANTITY GENERATORS
Q: Are small quantity generators (SQGs) of 100-1000 kilograms
per month of hazardous wastes subject to the November 8,
1986 effective date?
A: No. While these generators are subject to the land disposal
restrictions regulations in general, SQGs have, beeri granted a
2-year nationwide capacity extension to the effective date.
Therefore, the effective date for F001-F005 spent solvent
wastes generated by these small quantity generators is
November 8, 1988. During the period from November 8, 1986
to November 8, 1988, SQGs may dispose of restricted wastes
only at land disposal facilities which meet the minimum
technological requirements for any new, expanded, or replace-
ment units which may be present.
Q: Does the 2-year -nationwide capacity extension granted to SQG
wastes apply if the waste is accepted by a transfer facility?
A: Yes. The 2-year capacity extension is applicable to these
wastes as long as it can be clearly demonstrated that the
wastes were generated by SQGs. In order for the capacity ex-
tension to apply when wastes are consolidated by the transfer
facility, the transfer facility must be able to identify with
certainty that each container of waste was generated by a SQG.
Where' wastes are removed frpm containers and consolidated into
a single load, the transfer facility must be able to ascertain
that aljL the waste included in a load was generated by SQGs.
Q:
A.
Are SQG wastes which are combined for transport considered
large quantity wastes?
No. These wastes remain SQG wastes. Proper certification
will be required to demonstrate to the disposal facility
that these wastes are SQG wastes.
Q: Are SQGs of less than 100 kilograms per month of non-acute
hazardous waste subject to the Land Disposal Restrictions
regulations?
A: No. These generators are conditionally exempt from regulation
under RCRA; therefore, they are not subject to the Land Dis-
posal Restrictions.
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CERCLA RESPONSE ACTION/RCRA CORRECTIVE ACTION WASTES
Q: Are contaminated soil and debris generated from CERCLA response
actions and RCRA corrective actions subject to the November 8,
1986 effective date? .
A: Contaminated soil and debris from CERCLA Section 104 and 106
response actions and RCRA corrective actions are provided
a 24-month statutory exemption (i.e., until November 8, 1988)
from the land disposal restriction provisions under HSWA.
Q: Does the statutory exemption cover soil and debris-generated
during non-Federally ordered cleanups such as- State-ordered
or State-funded cleanups?
A: No. Only the wastes that result from CERCLA Fund-financed ac-
tions (section 104) , exercise of CERCLA's enforcement authority
(section 106), and RCRA corrective actions are covered under
the exemption. Wastes that result from State-ordered, State-
funded, or private party-funded responses taken under the
authority of CERCLA or RCRA or exclusive of this authority
are not included in the statutory exemption.
Q: Are RCRA and CERCLA wastes other than contaminated soil and
debris also provided a statutory exemption?
A: No. However/ these wastes are not prohibited from la.nd dis-
posal until November 8., 1988 under the provisions of the
November 7, 1986 final rule. The Agency determined that
there is insufficient capacity to handle these wastes; there-
fore, EPA promulgated a two-year extension of the effective
. date. - • : .•'•...••• ' ;
Q: Is a non-Federally ordered cleanup of F001-F005 wastes (non-
soil and debris) covered under any exemption?
A: Potentially. It could be exempted from the November 8, 1986
effective date if the waste contains less than 1% total F001-
F005 solvent constituents. However, the waste does not qualify
for the CERCLA or RCRA corrective action exemption discussed
above.
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Q: Are wastes that are cleaned up during closure of a permitted
facility subject to Land Disposal Restrictions?
A: Yes. However, if closure of the facility was dictated in a
Corrective Action Order issued by EPA, the waste is subject
to the 2-year nationwide capacity extension$for CERCLA.and-.
RCRA corrective action wastes (i.e., non-soil and debris)..
Also, where wastes from a facility closure are disposed in
situ (e.g., not removed from the land disposal unit or placed
in a different uniti they are not subject to -the land disposal
restrictions*
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TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP)
Q:. .What is the current regulatory status of the Toxicity Character-
istic Leaching Procedure (TCLP)?
A: EPA promulgated the TCLP in the November 7, 1986 rule;specifi-.-
cally for evaluation of the solvent and dioxin-containing
wastes. The TCLP, as promulgated, included improvements and
modifications based on comments received on:the proposed
Toxicity Characteristic rule (51 FR 21648, June 13, 1986),
as well as on the land disposal restrictions proposed rule
(51 PR 1602, January 14, 1986). EPA will malce decisions
regarding the applicability of the TCLP to other restricted
wastes according to the final schedule for land disposal
restrictions which was promulgated on: May 28, 1986. On June 13,
1986 (51.FR 21648), the Agency proposed to .amend the Extraction
Procedure (EP) Toxicity Characteristic by (1) expanding the
characteristic to include 38 additional compounds, (2) applying
compound-specific dilution/attenuation factors generated
from a groundwater transport model, and (3) introducing the
TCLP to replace the current EP protocol. The Agency expects
to promulgate the Toxicity Characteristic by late 1987.
QJ For what purpose is the Toxicity Characteristic Leaching
Procedure (TCLP) used?
AJ Under the November 7, 1.986 final rule, the Agency requires
that when a waste extract is tested the TCLP is used to
determine whether a waste requires treatment. Futhermore,
it serves as a monitoring technique to determine whether a
treated Waste meets the applicable treatment standard.
Q: Are any revisions being considered to improve upon the appli-
cability of the TCLP to oily wastes?
A: The_Agency^believes it is important that the TCLP be capable
of indicating the movement of oily material since these
materials have been known to migrate from wastes. In view
of this concern, the Agency is continuing to investigate
if the TCLP's filtration regime should be altered to better
predict movement of the oily phase of a waste. Upon completion
of these evaluations, EPA may propose modifications to the TCLP
specifically for wastes containing oily or other non-aqueous
liquids. •
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SOLVENTS
Q: What solvents are covered under the F001-F005- spent solvent
listings? .
A- A solvent waste must meet the following criteria in order to
be covered by the spent solvent listings (i.e.,.EPA Hazardous
Waste Nos. F001, F002, F003, F004, and F005):
0 the waste must be generated from solvents that are used-
for their "solvent" properties (i.e., to solubilize
(dissolve) or mobilize other constituents),
0 with respect to spent solvent mixtures/blendsr the
mixture must contain, before use, a total of ten
percent or more (by volume) of one or more of the
solvents listed in-FQ01, F002, FOQ4, or F005.
Q:
A:
Q:
Q:
A:
When does a solvent become "spent"?
A solvent is considered spent when it has been used and is no
longer fit for use without being regenerated, reclaimed, or
otherwise reprocessed.
Are solvent-based paints covered under the F001-F005 solvent
listings? i. '
The spent solvent listings do not cover manufacturing process
wastes contaminated with solvents when the solvents were used
as reactants or ingredients in the formulation of commercial
chemical products. Therefore, waste solvent-based paints are
not within the scope of the F001-F005 spent solvent listings
because the solvents are ingredients in the paint*
Are solvent mixtures as defined by the December 31, 1985, _
solvent mixture rule (50 FR 53315) that is, mixtures containing
a total of 10 percent or mo-re (by volume) of one or more of
the listed solvents, subject to the November 7, 1986 final rule?
Yes. Pursuant to section 3.004(g)(4) of RGRA, EPA is re-qu-irei
to make" determinations within six months whether tcr subject
newly identified or listed hazardous wastes to the land
disposal restrictions (the Statute does not impose an automatic
prohibition if the Agency misses the deadline). In accordance
with this section, the Agency included F001-F005 spent solvent
mixtures in the November 7, 1986 final rule.
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Q: How can I determine whether, my spent solvent wastes should be
treated to the levels.specified in Table CCWE for "wastewater"
or "all other spent solvent wastes"?
A: For the purposes of defining applicability of the treatment
standards for wastewaters containing F001-F005 spent solvents/
wastewaters are defined as solvent-water mixtures containing
total organic carbon (TOC) of one percent or less. Waste-
waters containing^ greater than one percent TOC must meet the
treatment standard for "all other spent solvent wastes."
Q: What test method should be used to determine if there is a
greater than 1% total F001-F005 solvent concentration in a
waste?
A:. A total organic carbon analysis can be used, or, alternatively,
individual tests can be run to determine, the concentration of
each of the F001-F005 constituents present or expected to be
present in the wastes. The individual concentrations are then,
summed to determine if the 1% threshold is exceeded. Unfortun-
ately, there is no single test to measure all of the F001-FOQ5
constituents.
Q: What treatment technologies were used as the basis for the
treatment standards for F001-FOO5 solvent-containing wastes?
A: Treatment standards for solvent-containing "wastewater" were
based on either a combination of biological treatment, steam
stripping, and activated carbon technologies or on the tech-
nologies individually. The treatment standards for "all other
spent solvent wastes" were based on incineration. Appendix II
to the November 7, 1986 rule provides a table containing the
treatment technologies upon which specific treatment standards
were developed.
Q: Does the November 7, 1986 final rule apply to spent solvent-
contaminated solids (e.g., rags and metal chips)?
A: Yes, provided the solids are contaminated with a F001-F005
spent solvent.
Q: Does the November 8, 1986 effective date apply to solvent-
contaminated solids regardless of total solvent content?
A: No. The November 7, 1986 final rule does not apply immediately
to those F001-F005 spent solvent wastes (including solvent-
wastewaters, solids, sludges, and soil) that contain less
than 1% solvents. A 2-year extension to the effective date
has been granted due to insufficient alternative capacity
to treat wastes containing less than 1% solvents.
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Q: Are solvent mixtures having a total of .less than 10% F001, F002,
F004, or F005 constituents (before use) regulated under the
November 7, 1986. final rule? .
A: No. Solvent mixtures are not covered under the F001-F005
listings unless the total of all F001, F002, F004, and F005
constituents meet the ten percent threshold. Therefore,
these wastes are not subject to the November 7, 1986 final
rule. These solvent mixtures, however, may be regulated under
RCRA if they exhibit one or more of the characteristics of
hazardous waste (i.e. , .corrosivity , ignitability, EPtoxicity,
or reactivity). The Agency will evaluate characteristic haz-
ardous wastes for the purpose of land disposal restriction
decisions by May 8, 1990.
Q: Are spent solvents that are shipped off-site to incinerators
or recycling operations subject to the November 7, 1986 final
rule?
A: Yes. Under the November 7, 1986 final rule, solvent wastes
are determined to be restricted from land disposal at the point
of generation. Therefore, the generator is required to
notify the treatment facility of the appropriate treatment
standard, assuming the waste as generated does not meet the
treatment standard, and is not otherwise exempt from restriction
A:
If treatment standards are achieved for a solvent waste , can
the generator or owner/operator petition the Agency to delist
.the treatment residual?
Yes. A generator or owner/operator may decide to submit a
petition to EPA for a delisting, pursuant to the provisions
of 40 CFR 260.22. The generator or owner/operator may choose
to submit a delisting petition to the Agency either before or
after the restricted waste has been treated to the Part 268
Subpart D treatment standard, as well as, after denial of any
of the exceptions to achieving the treatment standard, if the
petitioner believes that the waste or the treatment residual
meets the delisting criteria (40 CFR 260.22). Delisted
wastes are no longer considered hazardous and may be disposed
of in a Subtitle D facility. It should be noted that most
wastes regulated under the November 7, 1986 final rule contain
substances other than solvents, and delisting petitions must
address those hazardous constituents that can reasonably be
expected to be in a particular waste. During the period that
the delisting petition is being considered by the Agency, the
petitioner must comply with Land Disposal Restrictions.
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Are. there any circumstances where dilution of solvent wastes
is allowed?
Yes. If dilution is a legitimate step in a properly operated
treatment process (e._g_._f if a waste is mixed with other wastes
prior to incineration)/ or if a treatment method includes the
addition of reagents to physically or chemically change the
waste (and does not merely dilute hazardous constituents into
a larger volume of waste so as to lower the constituent
concentration)., then dilution is allowed. For spent solvent
wastes which are exclusively F003 wastes, mixing with a
solid waste is an approved method to render these wastes
nonhazardous, provided that such mixing results in a residue
which is no longer ignitable.
0:
A:
Are solvents used as a reactant in a process regulated under
the November 7, 1986 final rule?
No. Manufacturing process wastes are not F001-F005 spent
solvent wastes and, therefore, are not regulated under the
final rule. Prohibitions on the land disposal of these
wastes will be promulgated consistent with the May 28, 1986
schedule (51 PR 19300}. '•...•-
Q":
A:
Are^the residuals (still bottoms) from the recycling or distil-
lation of listed solvents subject to the November 8, 1986
effective date?
Residuals from solvent recycling operations that accept re-
stricted wastes are subject to the November 8, 1986 effective
date, and thus, must meet the applicable treatment standard
before being disposed of in a Subtitle C facility.
0:
A:
Are wastewaters contaminated with F001-F005 restricted
wastes covered under the November 7, 1986 rule?
Yes. Mixtures of FOOI-F005 wastes are subject to the regu-
lations. However, certain mixtures are not listed hazardous
wastes and so are not presently restricted (see 40 CFR 261.3(a)
(2)(iv)(A) and (B». Hazardous wastewaters containing less
than 1% total F001-F005 constituents are subject to the
2-year nationwide capacity extension*
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Q:
A:
Q: Can restricted wastes be treated to below the 1%;threshold -
and land disposed without meeting the treatment standard?
A: No. If you are required to treat your waste and the treatment
residual does not meet the applicable treatment standard,
these residuals do not qualify for the nationwide extension
of the effective date for solvent wastes containing less than
1% solvent. The waste must be treated to the applicable treat-
men?sland'ard or you may apply for a trea.tat>ility valance in
cases where the waste cannot be treated to the standard.
Q: is a cutting oil that-has been contaminated with a spent solvent
subject to the November 7, 1986 rule?
A- Yes. Because of the "mixture rule" in 40 CFR 261.3, the entire
waste is subject to the restrictions if it is to be placed in
or on the 1and.
If an F003 waste no longer exhibits the characteristic of
ignitability is it subject to the November 7, 1986 rule?
If an F003 waste is mixed with a solid waste so^thatJ.t no
longer exhibits the characteristic of ^^ability the
waste is considered nonhazardous (see 40 CFR 261.3(a)(2)(111))
and, as such, is not subject to the land disposal restrictions,
lowever, unmixed F003 wastes that are incinerated or otherwise
treated must meet the treatment standard, even though these
wastes may no longer exhibit the characteristic of ignitability
S2"e?iJed from rule" (40 CFR 261.3( c) (2) ) states that the
residue from treatment of a hazardous waste remains a hazardous
waste. Thus, the residual from treatment of an F003 waste
remains ^hazardous waste and, must meet the applicable treat-
ment standard.
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DIOXINS
Q: What is the regulatory status of listed dioxin-containing
wastes (i.e., EPA Hazardous Waste Nos. F020, F021, F022,
F023, F026, F027, F028)?
A: These wastes are subject to the 2-year nationwide capacity
extension and can be land disposed until November 8, 1988,
in accordance with the existing rules on management of dioxin,
wastes. After this time, generators of dioxin-containing
wastes may find it necessary to .apply for a case-by-case
extension of the effective date due to lack of permitted
dioxin treatment facilities.
Q: Are restricted dioxin-containing wastes which contain chloro-
phenols/ as constituents subject only to the treatment standard
of 1.0 ppb?
A: No. All listed dioxin-containing wastes must be treated to
a level below 1 ppb in the waste extract. Dioxin wastes
which contain chlorophenols also must be treated below the
following;detection limits (in the waste extract) for the
applicable chlorophenols:
0 2/4,5-trichlorophenol - 50 ppb
0 2, 4, 6-trichlorophenol - 50 ppb
0 2,3,4,6-tetrachlorophenol - 100 ppb
0 pentachlorophenol - 10 ppb
Q: Do the land disposal restrictions for dioxin-containing wastes
supersede the dioxin-listing rule (50 FR 1978)?
A: Not immediately. Land disposal of these wastes will be
prohibited after November 8, 1988 (except for wastes meeting
the treatment standards or otherwise exempt from the
prohibition). All prohibitions established under the dioxin-
listing rule remain in effect even if the wastes meet the
treatment standard.
Do the dioxin regulations apply to all isomers of the affected
dioxins? .
A: The regulations apply to all constituents listed in Appendix
VII to Part 261 identified by the hazardous waste codes
FQ20,:FC21, F022, FQ23, F026, F027r and F028.
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Q: What test procedure should be used for detecting 1 ppb of
dioxin? ......
A: One ppb is the routinely achievable detection limit using
test method 8280 in SW-846. This procedure is 'also described
in Appendix X of 40 CFR Part 261.
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• '•• TESTING AWE -RECOSiJKEEPTNG ;
Q: Is the information required on the manifest for shipments of
restricted hazardous waste adequate- for notification purposes
under the Land Disposal Restrictions? .
A: No. Along with the waste shipment and the manifest, you
must send a notice which includes the EPA .Hazardous Waste
Number, the applicable treatment standard, the manifest
number associated with the shipment of waste, and the waste
analysis data (if available). (see §268.7)
Q: Is a notice required for each, transfer of restricted wastes
, off-site? ' ' • .- '" •'/'' -. •
A: Yes. Each shipment of restricted wastes that is sent to off-
site treatment or disposal must be accompanied by a notice.
Q: What actions must be taken by a generator to:determine the ,
appropriate treatment standard for a restricted hazardous
waste?
As The generator may identify the applicable treatment standard
based on waste analysis data, knowledge of the waste, or both.
Where this determination is based solely on the generator's
knowledge of the waste, the generator is required to maintain
all supporting data used to make this determination in his
files.
Q: Is testing required for each batch of waste that is produced
by a generator?
A: No. The generator may determine if his waste requires further
treatment prior to land disposal either through knowledge of
the hazardous constituents in the waste or through analysis
of the hazardous constituents in the TCLP generated waste
extract. A waste analysis must be conducted if there is a
reason to believe that the composition of the waste has
changed or if the treatment process has changed.
0: Is a generator required to notify a recycler that a restricted
waste is being shipped for recycling?
A: Yes. A recycler is a treatment facility, therefore, a generator
must notify the recycler according to the requirements in
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Q- What must a generator do who produces a waste which meets_the
treatment standard and can be land disposed without off-site
treatment?
A: In this case, the generator must submit, to the land disposal
facility, a notice and a certification stating that the waste
meets the applicable treatment standards as outlined in
§268.7(a)(2).
Q: What additional recordkeeping is required for on-site
treatment and disposal of restricted wastes?
A: An on-site treatment facility must, maintain:
' « the information contained in the notice required by a gener-
ator under §268.7(a) (1;) , except for the manifest number, and
as an on-site disposal facility, the facility must maintain:
0 the information contained in the notice required under
§268.7(a)(2), except for the manifest number, in cases where
the waste meets the treatment standards and can be land dis-
posed without further treatment, or
• the information contained in the notice required by a treat-
ment facility under §268.7(b)(1), except for the manifest
number,'whichever is applicable.
Q: What additional documentation must an off-site disposal
facility which accepts restricted waste maintain?
A: An off-site disposal facility must maintain:
0 waste analysis data obtained through testing of the
waste and
0 a copy of the notice and certification required by
the owner/operator of a treatment facility under
§268.7(b)(1) and (2) or
0 a copy of the notice and certification required by
the generator in cases where the wastes meet the
treatment standard and can be land disposed without
further treatment §268.7(a)(2) or
0 records of the quantities (and date of placement) for
each shipment of hazardous waste placed in the unit
under an extension of the effective date (a case-by-case
extension or a 2-year extension of the effective date)
or a no-migrat-ion petition and a copy of. the notice
under §268.7(a)(3). •
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Q: What additional documentation is an off-site treatment facility
responsible for maintaining when accepting restricted wastes?
A: An off-site treatment facility must maintain:
0 a copy of the notice required by a generator under
§268r7(a)(1).
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VARIANCE FROM THE TREATMENT STANDARD
Q: Who may submit a petition for a variance from the treatment
standard?
A: Generators or owner/operators of treatment facilities may
petition the Agency for a variance from the treatment standard.
Wastes may be granted a variance due to physical and chemical
characteristics that are significantly different from the
wastes evaluated by EPA in setting the treatment standards.
In such cases, it may not be possible to treat a restricted
waste to the applicable treatment standards.
Q: Where can instructions for applying for a variance from the
treatment standard be found? .
A: Guidance on petitions for a variance from the treatment standard
is being developed by the Agency :and is expected to be available
within the next few months.
Q: Should petitions for a variance from the treatment standard
be submitted to EPA Regional Offices?
A: No. EPA Headquarters will be evaluating petitions for a.
variance from the treatment standard (as well as "no-migration"
petitions and case-by-case extension petitions). The Agency
will be handling these variances as a rulemaking procedure
subject to notice in the Federal Register and a public comment
period. In the December 11, 1986 California list proposed rule
(51 FR 44714), the Agency has proposed adopting a simplified
(non-rulemaking) procedure for granting variances from the
treatment standard.
Q: What options are available to a facility if a waste mixture
contains several .constituents regulated under the November 7,
1986 rule, and, after treatment, only some of these constituents
meet the treatment standards?
A: The facility has the option of applying for a variance from the
treatment standard, if the waste mixture differs significantly
from those wastes evaluated by the Agency in determining the
treatment standards for the affected constituents or the
facility must further treat the residues.
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Q: Must the facility comply with the land disposal restriction
rules while a variance from the treatment standard is being
considered by the Agency?
A: Yes. In accordance with §,268.44(g)', during the petition
review process\, the applicant is required to comply with all
restrictions on land disposal under Part 268 once the effective
date for the waste has been reached.
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NO-MIGRATION PETITION
Q: Who will review "no-migration" petitions?
A: The Agency is requiring that applicants submit petitions to
the Administrator. Where possible, the Agency intends^to pro-
cess Part B permit applications and "no-migration" petitions
concurrently. However, if review of Part B applications or
"no-migration" petitions is unduly delayed by concurrent re-
views, the Agency will process such applications separately.
Applications for "no-migration" petitions will be reviewed
at EPA Headquarters, while EPA Regional offices or authorized
States are responsible for issuing Part B permits. EPA Head-
quarters will coordinate reviews with appropriate Regional and
State staff responsible for reviewing Part B applications for
the same facility. !
Q: What must be demonstrated in a "no-migration" petition?
A: The statutory standard for evaluation of "no-migration" peti-
tions requires that the applicable land disposal method may
not be determined to be protective of human health and the
environment unless it has been demonstrated, to a reasonable
degree of certainty, that there will be no migration of haz-
ardous constituents from the disposal unit or injection zone
for as long as the wastes remain hazardous (RCRA section,
3004(d), 42 U.S.C. 2964(d)(D). The Agency will soon be
issuing guidance to the regulated community concerning what
information must be submitted to the Agency by the petitioner.
The Agency also is encouraging those facilities that are con-
sidering submitting a "no-migration" petition to meet with
appropriate Agency representatives in a pre-application con-
ference. It is expected, however, that demonstration of "no-
migration" will be difficult, but not impossible, to achieve.
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CASE-BY-CASE EXTENSIONS
Q: Are there any provisions for those cases where a waste was
not granted a national capacity extension and alternative
capacity cannot be found by the effective date?
A: Yes. Any person who generates or manages a restricted hazard^
ous waste may submit an application to the Administrator for a
case-by-ease extension of the applicable effective date. The
applicant must demonstrate that a binding contract has been
entered into to construct or otherwise provide alternative
capacity that cannot reasonably be made available by the
applicable effective date due to circumstances beyond the
applicant's control.
Q: Can an association apply for a case-by-case extension for the
wastes of its members?
A: Yes. However, all of the members covered by the extension
request must demonstrate that a binding contract has been
entered into to construct or otherwise provide alternative
capacity that cannot reasonably be made available by the
•applicable effective date due to circumstances beyond their
control.
Q: Is there a deadline for submitting applications for case-by-
case extensions?
A: There is no deadline for submitting these applications to
the Administrator. However, case-by-case extensions cannot
extend beyond 48 months from the statutory land disposal
restriction dates.
Q: Will there be guidance on preparing applications for a case-
by-case extension of the effective date?
A: Yes. The Agency expects to have a guidance document available
within the next few months.
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STORAGE
Q: Can restricted wastes be stored prior to treatment or
disposal?
As Under the November 7, 1986 rule, the storage of hazardous
wastes restricted from land disposal is prohibited except
where storage is needed to accumulate sufficient quantities
to allow for proper recovery, treatment, and disposal.
Q: How long can a large quantity generator store restricted
hazardous wastes?
A: A generator may store restricted hazardous wastes on-site
within the time limits of 40 CFR 262.34 (i.e., 90 days)
without a permit or interim, status provided the storage is
solely for the purpose of the accumulation of such quantities
of hazardous waste as necessary to facilitate proper recovery,
treatment, or disposal.
Q: What if a large quantity generator needs to store restricted
hazardous wastes for more than 90 days?
A: A generator who stores waste for longer than the 90-day limit
must have a RCRA permit or interim status. The generator may
apply .for facility interim status as long as the storage is
necessary to comply with the land disposal restrictions. ^ A
generator who needs to obtain interim status should submit a
Part A application to the Agency (as provided in 40 CFR Part
270) within 30 days after the 90-day accumulation period ends
and must demonstrate that ifc was "in existence."
Q: How does a generator meet the "in existence" condition?
A: A generator who is accumulating restricted hazardous wastes
in tanks or containers on or before the effective date of
a regulation under Part 268 is "in existence."
Q: Do small quantity generators (SQGs) generating between 100-
1000 kg of wastes per month need to apply for interim status
if their waste accumulation will exceed 180 days?
A: Yes. SQGs must apply for interim status by submitting a Part A
application if they intend ;to store wastes for longer than
180 days (270 days if the wastes must be transported more
than 200 miles). As with the large quantity generators, the
SQGs must submit a Part A application within 30 days after
the appropriate accumulation period (180 or 270 days) ends
and must demonstrate that it was "in existence."
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Q: When.does the date start with respect to storage of restricted
wastes?
A: This starts as soon as the first volume of waste is placed in
a container or tank for storage.
Q: Can any extensions be granted to a generator who stores
restricted wastes for longer than 90 days?
A: Yes. A 30-day extension may be granted on a case-by-case
basis due to unforeseen, temporary, and uncontrollable
circumstances.
Q: How long can a hazardous waste treatment, storage, and disposal
(TSD) facility store restricted wastes?
As Under the November 7, 1986 final rule, owners and operators
of hazardous waste treatment, storage, and disposal facilities'
may store restricted wastes as needed to accumulate sufficient
quantities to allow for proper recovery, treatment, and
disposal. However, where storage occurs beyond one year, the
owner/operator bears the burden of proving, in the event of
an enforcement action, that such storage is solely for the
purpose of accumulating sufficient quantities to allow for
proper recovery, treatment, or disposal. For periods less
than or equal to one year, the burden of demonstrating whether
or not a facility is in compliance with the storage provisions
is on the Agency.
Q: Can an owner/operator of a hazardous waste treatment, storage,
or disposal facility store restricted waste in land-based
units?
A: No. ,Under the storage prohibitions, these facilities may
only store restricted wastes in containers and tanks provided
that each container or tank is clearly marked to identify its
content and the date the hazardous waste entered storage.
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•MISCELLANEOUS
Q:
A:
Following the 2-year variance that applies to solvent-containing
wastewaters, will Land Disposal Restrictions supersede require-
ments effective under the National Pollution Discharge Elimination
System (NPDES)?
No, NPDES permit requirements will not be superseded by the
land disposal restrictions. Compliance with land disposal
restriction requirements does not relieve facility owners of
the obligation to comply with all other Federal, State, and
local environmental requirements, including the requirements
of the Clean Water Act.
0: Is there a directory which |lists facilities able to handle
wastes subject to the November 7, 1986 final rule?
A: Yes. EPA's "Directory of Commericai Hazardous Wnste Treatment
and Recycling Facilities" (December 1985) provides a listing
of commercial hazardous waste management facilities, along
with information on the type of commercial services offered,
and types of wastes managed. It, however, does not constitute
a list of approved facilities. It is available through the
National Technical Information Service (NTIS) as PB86 #178431/AS
or may be obtained by telephoning the RCRA hotline at 800-424-
9346 (202-382-3000 in the Washington, D.C. metropolitan area).
Q: What options are available ;to a waste generator if a disposal
facility which was previously used suddenly refuses to accept
wastes for disposal?
A: The waste generator will need to attempt to locate an alternative
treatment, recovery, or disposal facility to manage his waste
in accordance with the applicable hazardous waste management
standards. If storage of waste "will exceed 90 days (for a largp
quantity generator), the generator may either request an
extension to the 90-day period pursuant to 40 CFR 262.34(bj,
or if necessary, apply for facility interim status. Where
applicable, the generator may also apply for a case-by-case
extension of the effective date. 4
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Q: What is the focus of the Agency's National Enforcement Strategy
for the Land Disposal Restrictions?
A: The focus for 1987 will be on inspection. All disposal ,
facilities are inspected annually. All treatment and storage
facilities are required to be inspected every other year.
Thus, all disposal facilities and one-half of all treatment
and storage facilities will be inspected for compliance with
the Land Disposal Restrictions. Generators will also be
inspected; the Agency will be checking to see that wastes
are being sent to the proper facilities, and that the necessary
recordkeeping is kept. The Agency plans to increase generator
inspections so that 25% of all generators are inspected
annually. •
Q: Can a new treatment process be employed under interim status?
A: Yes, a new treatment process can be introduced at an interim
status facility as long as the conditions of §270.72 are met.
Prior to such change, the facility must submit a revised
Part A application and a justification for the change to EPA
for approval. EPA may approve the change if the facility has
demonstrated that it is necessary to comply with Federal,
State, or local requirements. However, the extent of changes
to.an interim status facility is limited in that capital
expenditures may not exceed 50% of the cost of a new facility.
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APPENDIX .- ADDRESSES^ AND TELEPHONE NUMBERS OF EPA REGIONAL OFFICES
Region I
Environmental Protection Agency
John F. Kennedy Federal Building
Room 2203
Boston, MA 02203
617-565-3715
Reg ion VI
Environmental Protection
1201 Elm Street
Dallas, TX 75270
214-767-2600
Agency
Region II
Environmental Protection Agency
26 Federal Plaza
New York, NY 10278
212-264-2525
Region VII
Environmental Protection Agency
726 Minnesota Avenue
Kansas City, KS 66101
913-236-2800
Region III
Environmental Protection Agency
841 Chestnut Street
Philadelphia", PA 19107
215-597-9800
Region VIII
Environmental Protection Agency
One Denver Place
Suite 1300
Denver, CO 80202
303-293-1 &Q3 , ,-,-.
Region IV
Environmental Protection Agency
345 Courtland Street, NE
Atlanta, GA 30365
404-347-4727
Region IX
Environmental Protection Agency
215 Fremont Street
San Francisco, CA 94105
415-974-8071
Region V
Environmental Protection Agency
230 South Dearborn Street
Chicago, IL 60604
312-353-2000
Region X
Environmental Protection
1200 Sixth Avenue
Seattle, WA 98101
206-442-5810
Agency
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