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
                               ZSSSSSSS

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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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