United States            Off tee of Solid Waste
                     Environmental Protection      and Emergency Response       EPA/530-SW 89 71
                     A9ency	Washington. DC 20460         November 1989

                     Office of Solid Waste            "                       "	
v/EPA         Environmental
                     Fact  Sheet
                     PROPOSED LAND DISPOSAL
                     RESTRICTIONS -THIRD THIRD

       BACKGROUND
          The Land Disposal Restrictions Program, established by the 1984
       amendments to the Resource Conservation and Recovery Act (RCRA)
       phases in a prohibition against the land disposal of hazardous wastes
       unless they meet specific treatment standards. The statute established
       a strict schedule for implementation of the program for various waste
       groups, which EPA has met in the rules promulgated to date:

          o  Spent solvent- and dioxin-containing wastes, November 7, 1986;

          o  "California list" wastes,* July 8,  1987; and

          o  All other wastes listed as of November 8, 1984:
                 -First Third, August 8,  1988;
                 -Second Third, June 8, 1989.

         The rule proposed today covers the Third Third of RCRA listed and
       characteristic hazardous wastes.* *  Promulgation of this rule by
       May 8, 1990, will complete the last phase of the Land Disposal
       Restrictions Program for all wastes listed as of November 8, 1984 as
       well as for three wastes listed since that time.
        California list" wastes are liquid and nonllquid hazardous wastes containing halogenated
      organic compounds (HOCs) above 1.000 ppm. and liquid hazardous wastes containing
      pofychlortnated biphenyls (PCBs) above 50 ppm. certain toxic metals above specified statutory
      concentrations, or corrosive liquid wastes that have a pH level below 2.


       A characteristic waste Is any solid waste that exhibits one or more of the following
      characteristics: ignitability, corrosivity. reactivity, and toxicity.

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 ACTION
   EPA is proposing:

   o  Treatment standards for approximately 350 listed wastes ("F,"
      "K," "P." and "U" wastes), three newly listed wastes (identified as
      hazardous since November 1984), and all of the characteristic
      wastes;

   o  Alternative treatment standards for multi-source leachate
      (i.e., any liquid, including any suspended components in the
      liquid, that has percolated through or drained from various
      hazardous waste sources);

   o  Prohibitions and effective dates for wastes currently being  *
      placed in underground injection wells; and

   o  Several clarifications of and a modification to the framework of the
      Land Disposal Restrictions Program.

   In the proposed rule, treatment standards are being set either as
specified technologies (e.g., incineration) or concentration levels achiev-
able by best demonstrated available technology (BDAT) for hazardous
constituents. Where technologies are specified as the treatment stan-
dards, alternative treatment technologies are prohibited; if a concentra-
tion level is the treatment standard, any technology not otherwise pro-
hibited may be used to meet the treatment standard.

   EPA has the authority to grant up to a two-year national capacity
variance that extends effective land ban dates in situations where alter-
native capacity is not available.  Based on data from a recently con-
ducted survey of available alternative capacity at treatment, storage,
disposal, and recycling facilities, EPA is proposing two-year extensions of
the effective dates for several waste codes, for mixed (radioactive/hazard-
ous) wastes, and for soil and debris when the relevant treatment is incin-
eration, vitrification, or mercury retorting. After May 8, 1990, all wastes
must  meet BDAT treatment standards, or they are prohibited from land
disposal, unless they are subject to a capacity extension or disposed of in
an approved no-migration unit.

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   Affected industries and generators can petition EPA for a variance
from the promulgated treatment standard in one of several ways:

   o  "No Migration1' Variances - These variances are granted on a
      facility-specific basis. The petitioner must demonstrate no
      migration of hazardous constituents to air, surface water, ground-
      water, or soil for as long as the waste remains hazardous. Each
      no-migration variance decision is made through a separate
      rulemaking.

   o  Case-by-Case Extensions - These variances can extend the
      effective date for a specific restricted waste and generating
      facility for up to one year (renewable once) where treatment
      capacity is unavailable.  Each case-by-case extension is
      addressed through a separate rulemaking.

   o  Treatabilitv Variances - Treatability variances are both national
      and site-specific in scope.  The national treatability variances
      (developed through a separate rulemaking) require demonstrations
      that the waste is significantly different (physically or chemically)
      from that used to set treatment standards, such that existing
      treatment standards cannot be met. The site-specific
      treatability variances are appropriate where site-specific factors
      cause or contribute to difficulty in meeting standards.

MESSAGE
   The land disposal restrictions proposed in this rule will create
changes in hazardous waste management practices for over three
hundred waste codes, as well as characteristic wastes. Although the
conditions set forth by this rule will increase the costs of waste manage-
ment for industry, they should decrease current risks to human health
and the environment. The regulated community and other interested
parties are requested to review the proposed rule and submit their com-
ments and any relevant data to EPA.

CONTACT
   For further information or to order a copy of the Federal Register
notice, please contact the RCRA Hotline Monday through Friday, 8:30
a.m. to 7:30 p.m. EST. The national toll-free number is (800) 424-9346;
for the hearing impaired, it is TDD (800) 553-7672. In Washington, D.C.,
the number is (202) 382-3000 or TDD 475-9652.

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