United States Solid Waste and
Env™™,a, Proton Emergency Response EP*S30-SW.90-OJ3
"
Ma7l990~
\>EPA Environmental
Fact Sheet
MILESTONE! FIFTH RULEMAKING
FINALIZES LAND DISPOSAL
RESTRICTIONS
i-....0" Ma? 8. 1990, the Administrator of the Environmental Protection Aaencv tPPA i
land to"' program, hazardous
BACKGROUND
Act^RcS4 SSSfT*8^ ^^ source Conservadon and Recovery
Act IKCRA) Congress Instructed the Agency to ban untreated wastes
from land disposal because It was concerned about taprowr la^d
had to establish treatment standards for all
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most harmful. Running on a Ught schedule, the Agency has met all of
the Congressionally mandated dates.
On November 8 1986. the first prohibitions were established for haz-
ardous wastes of particular concern to the public—certain spent sol-
vents and dioxin-bearing wastes.
The second group of hazardous waste singled out by Congress is
collectively known as the "California List." "California List" wastes are
liquid and nonliquid hazardous wastes containing halogenated or-
ganic compounds (HOCs) above 1,000 ppm, and liquid hazardous
wastes containing polychlorinated biphenyls (PCBs) above 50 ppm,
certain toxic metals above specified statutory concentrations, or cor-
rosive liquid wastes that have a pH level below two. These wastes were
regulated on July 8, 1987.
All other wastes listed and identified as of November 8, 1984 were
divided into thirds and scheduled for regulation based on their intrin-
sic toxicity and volume generated. Restrictions were imposed on the
First Third on August 8, 1988, on the Second Third on June 8, 1989
and on the Third Third on May 8, 1990.
These five rulemakings prohibit land disposal of untreated hazardous
waste in any surface impoundment, landfill, waste pile, injection well,
land treatement facility, salt dome formation, underground mine or
cave, or other enclosure intended for disposal purposes. Hazardous
wastes that do not meet treatment standards may be land disposed
only if they are disposed of in approved no-migration units.
As required by the 1984 amendments, each regulation established
treatment standards relevant to the hazardous wastes covered by the
rule. In general, the Agency sets treatment standards as maximum
concentration levels of hazardous constituents in treated waste based
on the performance of best demonstrated available technologies
(BOAT). Treatment standards are also expressed as specific technolo-
gies when data is inadequate to set concentration levels or when it is
determined that one method (such as incineration) is the most appro-
priate way to manage the waste.
The Agency may grant treatability variances to accommodate cases
where the standard cannot be achieved because unique properties of
the waste interfere with treatability. In addition, EPA may grant an
extension of the effective date due to the lack of sufficient capacity to
manage hazardous wastes. The Agency has granted two-year national
capacity variances to the statutory deadlines when current or alterna-
tive treatment, recovery, and disposal capacity has not been adequate
for waste management needs. Variances for specific wastes have been
granted on a case-by-case basis depending on treatment technology,
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ACTIONS
Solvents and Dloxins (November 8, 1986)
"California List" Wastes (July 8, 1987)
SiSSS^ *?"** "^^S^B^
761 ^ ' 3nd require t116™31 treatment under 40
First Third of the Scheduled Wastes (August 8, 1988)
3
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and
S«ond Third ol iti. Scheduled Wastes (June S 19891
or e characteristic
cyanid Meds a ^^K T^ "onwastewaters and reactive
prior to land disposal. cnaracteristic also must be met
CONCLUSION
22i^jssis^??9sr^ for ^ ^^ usted «•
CONTACT
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