&ERA
United States Office of Solid Waste
Environmental Protection 401 ,M. Street. S.vV.
Agency Washington, O.C. 20460 53Q-SW-88-01 2
Land Disposal
Restrictions Summary
Volume II
California List Wastes
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LAND DISPOSAL RESTRICTIONS SUMMARY
VOLUME 2
CALIFORNIA LIST WASTES
Prepared by:
Office of Solid Waste
U.S. Environmental Protection Agency
Washington, DC
October 1987
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CONTENTS
Page
1. Introduction 1
Congressional Mandate: The Hazardous and Solid Waste 1
Amendments
Phase One: Solvents and Dioxins Land Disposal Restrictions 2
Phase Two: The California List Land Disposal Restrictions 4
ist Land Disposal Restrictions 5
Definition of the California List Hazardous Wastes 5
Physical Form Requirement 6
Hazardous Waste Requirement 6
Concentration Levels Prohibited from Land Disposal 7
Determination of Prohibition Levels 7
Elaboration of the "Paint of Generation" Approach 8
Treatment Standards and Effective Dates 9
Permissible Land Disposal of California List Wastes 10
Modifications to the Regulatory Framework 10
3. Free Cyanides and Metals 11
Definition and Testing Requirements II
Prohibition Levels and Treatment Standards 11
Prohibition Effective Dates and Capacity Determination 12
Part 268 and Related RCRA Subtitle C Requirements 12
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CONTENTS
(Continued)
Page
General Waste Analysis (S264.13 and §265.13) 28
Purpose, Scope and Applicability of Part 268 (§268.1) 28
Case-by-Case Extensions (§268.5) 28
"No Migration" Petitions to Allow Continued Land Disposal 29
(§268.6)
Waste Analysis and Recordkeeping (§268.7) 29
Treatment Standards Expressed as Specified Technologies 29
(§268.42)
Prohibitions on Storage of Restricted Wastes (§268.50) 30
Appendix A — Summary Table of California List Land Disposal
Restrictions
Appendix B — Part 268 Appendix Ill—List of Halogenated
Organic Compounds Regulated Under §268.32
Appendix C — Examples Illustrating Integration of the July
8, 1987 Final Rule with Other Land Disposal
Restrictions Rules
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1. INTRODUCTION
The subject of this booklet is the July 8, 1987 final rule, which
establishes land disposal restrictions for certain "California List"
hazardous wastes and slightly modifies the framework for implementing the
land disposal restrictions. This is the second in a series of booklets
designed to summarize the restrictions on land disposal of hazardous
.iStes. The booklets are geared to individuals who are somewhat familiar
with EPA's hazardous waste regulatory program. While they summarize the
land disposal restrictions program, the booklets are not intended to
provide a comprehensive review of all regulatory issues addressed in the
associated EPA rules.
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. A limited number of the Land Disposal Restrictions booklets, Volumes
I and II, are available.
The remainder of this introduction provides background information on
the July 8, 1987 final rule.
Congressional Mandate: The Hazardous and Solid Waste Amendments
The Hazardous and Solid Waste Amendments (HSWA) to the Resource Con-
servation 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.
When EPA promulgates prohibitions restricting wastes from land disposal,
the amendments require EPA to set levels or methods of treatment which
substantially diminish the waste's toxicity or reduce the likelihood that
the was e's hazardous constituents will migrate. Beyond specified dates,
restricted wastes that do not meet the treatment standards (or are other-
wise 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 the specified deadlines, that waste is automatic-
ally prohibited from land disposal.
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TABLE 1
SCHEDULE FOR LAND DISPOSAL PROHIBITIONS
November 7, 1986
Dioxin-containing wastes
(F020, F021, F022, F023,
F026, F027, F028)
Spent solvents (F001, F002,
F003, F004, F005)
July 8, 1987
California 11st wastes
August 8, 1988
At least one-third of all
listed hazardous wastes
Wastes disposed of In
Injection wells
November 8, 1988
Contaminated soil and debris
from CERCLA Section 104 or
106 response actions, and RCRA
corrective actions
June 8, 1989
At least two-thirds of all
listed hazardous wastes
May 8, 1990
All remaining listed hazard-
ous wastes
All characteristic hazardous
wastes
Within 6 months of listing or
identification (these wastes are
not subject to the automatic
land disposal prohibition)
Newly listed wastes
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Phase One; Solvents and Dloxlns Land Disposal Restrictions
On November 7, 1986, EPA promulgated the first phase of the land
disposal restrictions program (51 FR 40572). This final rule established
the framework for Implementing the land disposal restrictions program and
established specific treatment standards and effective dates for the first
category of wastes subject to the restrictions: spent solvent wastes
(F001-F005), and d1ox1n-conta1n1ng wastes (F020-F023 and F026-F028).
The November 7, 1986 final rule 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, and placement in
concrete vaults or bunkers intended for disposal purposes. The rule covers
hazardous wastes placed in land disposal units after the effective dates of
the prohibitions. Both interim status and permitted facilities are subject
to the land disposal restrictions rule.
Wastes disposed of before November 7, 1986 do not have to be removed
from land disposal for treatment. If wastes are removed from land disposal,
however, they 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.
Contaminated soil and debris from Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA) Section 104 and 106
response actions and RCRA corrective actions are not subject to land
disposal restrictions 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. 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 outlined the Agency's approach to
implementing the congressionally mandated restrictions on land disposal of
hazardous waste. The rule includes procedures to set treatment standards,
obtain variances from the treatment standards, obtain extensions to the
effective dates of the land disposal restrictions on a case-by-case basis,
and obtain a "no migration" variance from the land disposal restrictions.
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It also includes provisions to allow restricted wastes to be treated in
surface impoundments, to prohibit dilution as a substitute for adequate
treatment, to prohibit the storage of restricted hazardous wastes in cer-
tain circumstances, and to modify permits. In addition, the final rule
sets out requirements for testing and recordkeeping, and specific treatment
standards for certain dioxin-containing and spent solvent-containing wastes.
In May 1987, EPA published a booklet entitled Land Disposal
Restrictions Summary. Volume I. Solvents and Dioxins (EPA/530-SW-87-019A).
That booklet summarizes the 1986 rulemaking and describes the key regula-
tory requirements pertaining to treatment standards, variances, and exten-
sions. 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 for solvent- and
dioxin-containing wastes.
Phase Two; The California List Land Disposal Restrictions
The final California list land disposal restrictions rule was
published in the Federal Register on July 8, 1987 (52 FR 25760). The
action was taken in response to RCRA, as amended by HSWA, which requires
EPA to restrict the land disposal of hazardous wastes containing the
California list constituents above certain concentrations.
The final rule promulgates treatment standards and corresponding
effective dates for the California list wastes containing polychlorinated
biphenyls (PCBs) and certain halogenated organic compounds (HOCs). In
addition, it codifies the statutory prohibition on certain corrosive
wastes, establishes methods for determining compliance with the regulatory
requirements, and modifies portions of the land disposal restrictions
framework promulgated in the November 7, 1986 final rule.
Chapter 2 of this booklet summarizes the provisions of the California
list final rule. Chapters 3-6 provide detailed discussions of the land
disposal restrictions for each California list waste. These restrictions
are also summarized in a tabular format in Appendix A. Chapter 7 provides
a discussion of the major modifications to the framework of the land dispo-
sal restrictions program.
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2. SUMMARY OF THE CALIFORNIA LIST LAND DISPOSAL RESTRICTIONS
Definition of the California List Hazardous Wastes
The California list hazardous wastes consist of the following:
o Liquid hazardous wastes, including free liquids associated
with any solid or sludge, containing free cyanides at con-
centrations greater than or equal to 1,000 mg/1.
o Liquid hazardous wastes, including free liquids associated
with any solid or sludge, containing the following metals
(or elements) or compounds of these metals (or elements) at
concentrations greater than or equal to those specified below:
- Arsenic and/or compounds (as As), 500 mg/1
- Cadmium and/or compounds (as Cd), 100 mg/1
- Chromium VI and/or compounds (as Cr VI), 500 mg/1
- Lead and/or compounds (as Pb), 500 mg/1
- Mercury and/or compounds (as Hg), 20 mg/1
- Nickel and/or compounds (as N1), 134 mg/1
- Selenium and/or compounds (as Se), 100 mg/1
- Thallium and/or compounds (as Tl), 130 mg/1.
o Liquid hazardous wastes having a pH less than or equal to two.
o Liquid hazardous wastes containing polychlorinated biphenyls
(PCBs) at concentrations greater than or equal to 50 ppm.
o Hazardous wastes containing halogenated organic compounds (HOCs)
in total concentrations greater than or equal to 1,000 mg/kg.
Collectively, these hazardous wastes are referred to as the California
list because the State of California developed regulations to restrict the
land disposal of hazardous wastes containing these constituents. Congress
subsequently incorporated these prohibitions into the 1984 Amendments to RCRA.
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Physical Form Requirement
o RCRA prohibits the land disposal of California list wastes only
if such wastes exist in liquid form. An exception is HOCs,
which are prohibited from land disposal in both liquid and
nonliquid form.
o EPA has required use of method 9095, "Paint Filter Liquids Test"
(PFLT), found in "Test Methods for Evaluating Solid Wastes,
Physical/Chemical Methods" (EPA Publication SW-846), to determine
whether a California list waste is liquid or nonliquid at the
point of generation.
o The entire waste (not just the liquid portion) is prohibited if
the concentration of California list constituents exceeds the
applicable levels.
Hazardous Waste Requirement
RCRA states that the California list land disposal prohibition
applies to hazardous wastes which:
o Are listed as hazardous under 40 CFR Part 261; OR
o Exhibit one or more of the characteristics of hazardous waste
identified in Part 261, i.e., ignitability, corrosivity, reac-
tivity, or EP toxicity; AND
o Also contain a California list constituent.
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Concentration Levels Prohibited From Land Disposal
o PCBs and other HOCs - The final rule promulgates land disposal
prohibitions and effective dates for liquid hazardous wastes
containing PCBs at concentrations greater than or equal to 50
ppm, and most liquid and nonliquid hazardous wastes containing
HOCs in total concentrations greater than or equal to 1,000
mg/kg.
o Corrosives - EPA codified the statutory prohibition on land
disposal of liquid hazardous wastes with a pH less than or equal
to two.
o Metals and Free Cyanides - The final rule does not establish
prohibition levels, treatment standards, or effective dates for
the California list liquid hazardous wastes containing metals or
free cyanides. A final decision as to more stringent land
disposal prohib.tions for these wastes will be made at a later
date. Until then, the statutory prohibitions established by
Congress will apply.
o HOC-specific treatment standards - Where treatment standards and
prohibition effective dates are promulgated for California list
HOC wastes that are also covered under the November 7, 1986
solvents and dioxins final rule, the treatment standards and
effective dates for the specific HOCs promulgated on
November 7, 1986 apply.
Determination of Prohibition Levels
In establishing the following testing requirements for determining
whether a waste meets the specified prohibition levels, EPA evaluated
whether it was more appropriate to analyze the concentration levels in the
filtrate from the Paint Filter Liquids Test (PFLT) or to analyze the total
constituents in the waste itself.
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o Analysis of a representative sample of the total waste must be
performed to determine pH of liquid hazardous wastes for pur-
poses of the corrosives prohibition.
o Total constituent analysis must be performed on liquid hazardous
wastes containing PCBs.
o Total constituent analysis must be performed on nonliquid and
liquid hazardous wastes containing HOCs.
o Only the filtrate generated from the PFLT currently must be
tested in liquid hazardous wastes containing free cyanides or
the specified metals. When testing the filtrate, EPA recommends
use of the applicable methods in "Test Methods for Evaluating
Solid Waste: Physical/Chemical Methods," EPA Publication No.
SW-846, Third Edition, November, 1986.
o Generators may also determine whether their wastes are
restricted using knowledge of the waste, but must maintain all
supporting data used to make such a determination on-site.
Elaboration on the "Point of Generation" Approach
EPA has adhered to the interpretation in the November 7, 1986
solvents and dioxins rule which states that initial generators are to
determine at the point of generation whether their hazardous wastes are
prohibited from land disposal. Therefore, the following must be done at
the point of generation:
o Determine whether a California list waste is liquid (except HOCs
which may be nonliquid).
o Determine whether the waste exceeds the applicable con-
centrations of hazardous constituents.
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o Initiate generator notification and certification requirements.
Treatment Standards and Effective Dates
Effective July 8, 1987 the following hazardous wastes are prohibited
from land disposal:
o Dilute HOC wastewaters - All liquid hazardous wastes that are
primarily water and contain HOCs in total concentrations greater
than or equal to 1,000 mg/1 and less than 10,000 mg/1 must be
treated to below the 1,000 mg/1 prohibition level prior to land
disposal.
o PCBs - Liquid hazardous wastes containing PCBs at concentrations
greater than or equal to 50 ppm must be treated in accordance
with the technical requirements of the existing TSCA thermal
treatment regulations under 40 CFR Part 761.
o Treatment standards were not established for metals, free cyanides,
and corrosive California list wastes. However, these wastes
must be treated to levels below the statutory prohibition levels
or rendered nonliquid prior to land disposal.
Effective July 8, 1989, the following hazardous wastes are prohibited
from land disposal:
o HOCs - All liquid and nonliquid hazardous wastes containing HOCs
in total concentrations greater than or equal to 1,000 mg/1
(except dilute wastewaters) must be incinerated in accordance
with requirements in 40 CFR Part 264 Subpart 0 or Part 265
Subpart 0. Due to a lack of incineration capacity, EPA promul-
gated a two-year variance; therefore, these wastes may be land
disposed until the July 8, 1989 effective date.
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Permissible Land Disposal of California List Wastes
After July 8, 1987, the only circumstances under which California
list wastes may be land disposed are:
o When California list metal- and free cyanide-containing wastes,
corrosive wastes, and dilute HOC wastewaters have been treated to
a level below the statutory prohibition level or rendered nonliquid
o When California list corrosive wastes have been treated to a pH
greater than two
o When California list PCB and liquid and nonliquid HOC wastes
have been treated by the required technologies or by an
EPA-approved alternative treatment method
o When a California list waste is subject to a two-year national
capacity variance
o When a California list waste has been granted a petition pur-
suant to "no migration" standards
o When a California list waste has been granted a case-by-case
extension of the effective date
o When a California list waste has been granted a variance from
the treatment standard
Modifications to the Regulatory Framework
In addition to addressing the land disposal of California list wastes,
the final rule modifies portions of the land disposal restrictions framework
promulgated as part of the solvents and dioxins final rule on November 7, 1986.
The modified framework applies to both California list wastes and all other
restricted wastes. The modifications are discussed in Chapter 7 of this
booklet.
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3. DETAILED DISCUSSION OF FREE CYANIDES AND METALS
Definition and Testing Requirements
The statutory language of RCRA prohibits disposal of liquid hazardous
waste, including free liquids associated with any solid or sludge contain-
ing free cyanides at concentrations of 1,000 mg/1 or more. EPA is not
currently requiring the use of a particular test to determine free cyanide
concentrations, but is recommending the use of Method 9010, "Cyanides
Amenable to Chlorination" in EPA Publication SW-846. For purposes of
complying with the prohibitions, this test need only be performed on the
filtrate from the Paint Filter Liquids Test.
For purposes of the RCRA prohibition, the California list metals are
defined with reference to the periodic table of elements. This requirement
applies both to Individual constituents and to the relevant metal portion
of any compounds containing such metals. EPA is not currently requiring
the use of a particular test to determine metal concentrations, but is
recommending that the appropriate method in Chapter 3, "Metallic Analytes,"
in EPA Publication SW-846 be used to determine concentrations. For pur-
poses of complying with the prohibitions, only the filtrate from the PFLT
need be tested.
Prohibition Levels and Treatment Standards
The final rule does not establish concentration levels for prohibition
of land disposal of the California list wastes containing free cyanides or
metals. Nor does it establish treatment standards for these wastes. These
determinations will be made in a separate rulemaking at a later date.
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However, on July 8, 1987 the statutory prohibition levels of metal-
bearing and free cyanide-containing wastes automatically became effective.
Therefore, land disposal of these wastes 1s prohibited If the concentra-
tions 1n the PFLT filtrate equals or exceeds the following levels:
Constituent Concentration
Free cyanides 1000 mg/1
Arsenic (As) 500 mg/1
Cadmium (Cd) 100 mg/1
Chromium (CrVI) 500 mg/1
Lead (Pb) 500 mg/1
Mercury (Hg) 20 mg/1
Nickel (N1) 134 mg/1
Selenium (Se) 100 mg/1
Thallium (Tl) 130 mg/1
In order to be land disposed, these wastes must either be treated to
levels below the statutory prohibition level or be rendered nonliquid.
Prohibition Effective Dates and Capacity Determination
No national capacity variance was granted for the California list
metal and free cyanide wastes. To the extent that there are shortages in
capacity, case-by-case extensions may be granted pursuant to the require-
ments Of 40 CFR 268.5.
Part 268 and Related RCRA Subtitle C Requirements
The regulatory framework promulgated on November 7, 1986, 1s appli-
cable to all of the California list wastes, including metal-bearing and
free cyanide-containing wastes. Therefore, the tracking, notification, and
certification requirements in §268.7 and the related waste analysis
requirements in §264.13 and §265.13 apply to these wastes.
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4. DETAILED DISCUSSION OF CORROSIVES
Definition and Testing Requirements
EPA has adopted the statutory definition of corrosive wastes; that is,
liquid wastes having a pH less than or equal to two. As with the other
California list wastes, the PFLT method is used to determine whether the
corrosive waste is a liquid. The final rule requires that corrosive waste
samples (not the PFLT filtrate) be tested 1n accordance with the procedures
specified in 40 CFR 261 22(a)(l) to determine whether their pH is less than
or equal to two. Knowledge of the waste may also be used and all supporting
documentation must be placed in on-site files.
Prohibition Level and Treatment Standard
The Agency codified the statutory prohibition level but did not prom-
ulgate a treatment standard for wastes with a pH less than or equal to two.
Since EPA is not specifying a technology-based treatment standard, corrosive
wastes may be neutralized to a pH greater than two or rendered nonliquid by
chemical fixation or other treatment methods, and be land disposed. If a
waste Is hazardous solely because of the characteristic of corrosivity,
rendering it nonliquid also renders it nonhazardous because the character-
istic of corrosivity based on low pH only applies to aqueous wastes.
Prohibition Effective Date and Capacity Determination
The prohibition on land disposal of corrosive wastes became effective
on July 8, 1987. To the extent that there are shortages in capacity,
case-by-case extensions may be granted pursuant to the requirements of
40 CFR 268.5.
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5. DETAILED DISCUSSION OF POLYCHLORINATED BIPHENYLS (PCBs)
Definition and Testing Requirements
For purposes of the California list final rule, PCBs are defined as
"any chemical substance that is limited to the biphenyl molecule that has
been chlorinated to varying degrees, or any combination of substances which
contain such substance." In addition, inadvertently generated non-Aroclor
PCBs are defined as "the total PCBs calculated following division of the
quantity of monochlorinated biphenyls by 50 and dichlorinated biphenyls by
5." This was inserted in the TSCA regulations in recognition that mono-
chlorinated biphenyls are less toxic and less persistent than dichlorinated
biphenyls, which are themselves less toxic and less persistent than poly-
chlorinated biphenyls with greater than two chlorines.
The final rule requires that once a hazardous waste containing PCBs
is determined to be a liquid using the Paint Filter Liquids Test, then the
total waste (not an extract or filtrate) must be analyzed to determine
compliance with the California list land disposal restrictions.
Hazardous Waste Requirements
Since PCBs are not listed as hazardous wastes under RCRA, PCB-
containing wastes are only subject to the California list prohibitions if
they are mixed with or otherwise contained in wastes that are listed as
hazardous under 40 CFR Part 261, or if the mixture exhibits one or more of
the characteristics of hazardous waste (i.e., ignitability, corrosivity,
reactivity, or EP toxicity).
For example, transformers often contain both PCBs and hazardous
constituents listed in Part 261. However, if the waste containing these
constituents is not a listed or characteristic waste, the California list
prohibition does not apply.
It should be noted that regulations promulgated pursuant to TSCA
currently address the land disposal of PCB wastes which are not mixed with
RCRA hazardous wastes. Several provisions in HSWA, which are not contained
in the existing TSCA or RCRA regulations, also impose restrictions on the
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land disposal of PCB wastes. The final rule integrates a number of the
TSCA requirements into the RCRA framework in order to ensure that where
there is an inconsistency between TSCA and RCRA standards, the more
stringent regulations will govern. For example, liquid wastes containing
PCBs at concentrations greater than or equal to 500 ppm, are not eligible
for a "no migration" exemption.
It should also be noted that liquid hazardous wastes may contain both
PCBs and other hazardous constituents for which EPA has established differ-
ent treatment standards or prohibition effective dates. An example would
be solvent wastes and PCB wastes mixed in a single matrix. In this circum-
stance, the waste must meet the treatment standards for both the spent
solvent wastes and PCB wastes and must do so by the required technology,
incineration.
Prohibition Level and Treatment Standards
EPA codified the statutory 50 ppm prohibition levels for PCB wastes
and established treatment standards that are consistent with existing
requirements under TSCA. Liquid hazardous wastes containing PCBs at con-
centrations greater than or equal to 50 ppm and less than 500 ppm may be
burned in either high efficiency boilers or in incinerators pursuant to the
operating standards set forth under TSCA (see 40 CFR 761.60 and 761.70).
Liquid wastes containing PCBs at concentrations greater than or equal to
500 ppm must be incinerated in accordance with §761.70.
Alternative equivalent methods (e.g., chemical dechlorination) may be
used provided they are approved by the EPA Administrator as being able to
achieve a measure of performance equivalent to that achievable by methods
EPA has specified. Applications for approval of alternative equivalent
methods should be submitted to the EPA Administrator. Where such applica-
tions involve PCB-containing wastes, copies should also be sent to the
Director, Exposure Evaluation Division, Office of Toxic Substances, and to
the Chief, Waste Treatment Branch, Office of Solid Waste.
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Prohibition Effective Date and Capacity Determination
EPA has determined that there is not a nationwide shortage of capac-
ity to treat liquid hazardous wastes containing PCBs at concentrations
greater than or equal to 50 ppm. For the liquid wastes containing PCBs at
concentrations greater than or equal to 500 ppm, the TSCA regulations
already require Incineration. Therefore, the California list prohibitions
::> not add any incremental demand to a capacity analysis. As a result, the
statutory effective date of July 8, 1987 was applied to the California list
PCS wastes. To the extent that isolated shortages of capacity occur,
applicants may apply for case-by-case extensions of the effective date.
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6. HALOGENATED ORGANIC COMPOUNDS (HOCs)
Definition and Testing Requirements
HOCs are compounds with a carbon-halogen bond in their molecular for-
mula. Halogens include the five nonmetallic elements in Group YIIA of the
periodic table: fluorine (F), chlorine (Cl), bromine (BR), iodine (I), and
astatine (At).
In determining whether a hazardous waste contains HOCs in concentra-
tions above the California list prohibition level, only those HOCs which
are listed in Part 268 Appendix III must be included in the calculation.
Appendix III was added to Part 268 in the July 8, 1987 final rule. It con-
sists of all HOCs that EPA currently analyzes in establishing section
3004(m) treatment standards expressed as performance levels for which test
methods exist. The Agency has also added to this Appendix those additional
PCBs covered under the existing TSCA regulations. Part 268 Appendix III is
reproduced in this booklet as Appendix B. In finalizing the HOC prohibi-
tion, EPA reiterated that compounds such as polyvinyl chlorides (PVCs),
even if contained in hazardous wastes, are not within the scope of the
California list prohibitions, because PYCs are not included in Appendix III
to Part 268. Monomeric vinyl chloride, however, is subject to the restric-
tions because it is listed in Part 268 Appendix III.
In testing for HOCs, EPA has required the use of a total constituent
analysis. Thus, a representative sample of the entire waste (not an
extract) must be tested in order to determine the concentrations of the
California list HOCs.
Prohibition Level and Treatment Standards
EPA established incineration as the treatment standard for liquid and
nonliquid hazardous wastes containing HOCs in total concentrations greater
than or equal to 1,000 mg/1 (except dilute HOC wastewaters). The incinera-
tion method must achieve 99.99 percent destruction and removal efficiency
(four 9s ORE), in accordance with the existing requirements of 40 CFR
Part 264 Subpart 0 or 40 CFR Part 265 Subpart 0. If, however, a facility
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demonstrates that a restricted waste, due to physical or chemical proper-
ties that alter its treatabilty, cannot be incinerated in compliance with
these requirements, the facility may petition EPA for a variance from the
treatment standard. Also a facility may petition for approval to use an
alternative equivalent treatment method.
Dilute HOC wastewaters, defined as liquid hazardous wastes that are
primarily water and contain less than one percent HOCs or HOCs in total
concentration less than 10,000 mg/1, need not be incinerated. These dilute
wastewaters must be treated to a level below the 1,000 mg/1 prohibition
level prior to land disposal; however, no particular methods for achieving
this level are specified.
EPA determined in the November 7, 1986 solvents and dioxins final
rule that wastewater treatment technologies such as biological treatment,
activated carbon adsorption, and steam stripping should form the basis for
concentration-based treatment standards applicable to the F001-F005 solvent
wastewaters. Application of these treatment technologies may be effective
for many HOC wastes; however, a generalization that one or all of them
constitutes Best Demonstrated Available Technology (BOAT) for such a wide
variety of compounds is not possible at this time.
It should be noted that if an HOC-containing waste already is subject
to a treatment standard for a specified HOC (e.g., an F001 or F002 spent
solvent, or a prohibited dioxin- or PCB-containing waste), the treatment
standard and effective date for the more specific HOC waste would control.
Where a hazardous waste contains both California list HOCs and non-
HOC constituents (e.g., prohibited levels of a California list metal in
liquid form), the waste would be prohibited from land disposal until it is
in compliance with the treatment standards for both the HOC and the non-HOC
constituents. The general principle here is that where different constitu-
ents are present in the same waste (as opposed to one constituent appearing
on two lists, e.g., an F001-F002 solvent which is also an HOC), all of the
constituents in the waste must be in compliance with, or be treated to comply
with, all specified treatment standards or prohibition levels. Likewise,
the prohibition effective date for each constituent would be applicable,
unless EPA specifically states otherwise in one of its regulations.
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Capacity Determination and Effective Dates
EPA has granted a two-year nationwide variance from the July 8, 1987
statutory effective date for the California list HOC wastes requiring
incineration. These HOC wastes are not subject to the land disposal
restrictions until July 8, 1989. The variance has been granted based on
EPA's determination that, due in large part to the additional demand placed
on incinerators as a result of the November 7, 1986 solvent restrictions,
there is a nationwide lack of incineration capacity.
The dilute HOC wastewaters, however, are prohibited from land disposal
as of July 8, 1987. EPA decided not to grant a national capacity variance
for dilute HOC wastewaters because the Agency's estimates are that these
wastes are generated in low volumes, and most of these wastes are believed
to contain less than the statutory HOC prohibition level. In addition,
there is some available commercial capacity to treat these wastes.
Relationship to Waste-Specific Prohibitions
The California list was intended as a starting point in the land
disposal restrictions. Therefore, where waste-specific data are available,
they are likely to be more reliable since they may more directly address
the characteristics of the specific wastes. Also, EPA prefers to establish
concentration-based treatment standards rather than treatment standards
expressed as specified technologies because this provides the regulated
community with greater flexibility in meeting treatment standards and
encourages the development of more efficient and innovative technologies.
Consistent with these principles, the HOC treatment standards promul-
gated in the California List final rule are only applicable to those HOCs
that are not covered by other land disposal restrictions rulemakings. EPA
has stipulated that treatment standards established for wastes containing
individual California list constituents will supersede the treatment
standards promulgated in the California list final rule. Similarly, the
prohibition effective date established for the more specific HOC waste is
applicable; not the prohibition effective date established in the
California 11st final rule.
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EPA cautions, however, that these principles for waste-specific
versus the more generic wastes only apply where waste-specific treatment
standards and prohibition effective dates exist. The wastes currently
affected by this overlap are the prohibited solvent, dioxin, and PCB
wastes, which are waste-specific subsets of the broad category of HOCs.
Several examples of the Agency's approach in such cases are provided in
Appendix C.
Relationship to California List Prohibition on PCBs
Because PCBs are also halogenated organic compounds, EPA reads the
PCB prohibition as placing an upper limit of 50 ppm on the concentration of
PCBs that may be contained in a liquid hazardous waste which also contains
HOCs and is being land disposed. In such cases, the treatment standards
and prohibition effective dates for the PCB-containing wastes are the more
waste-specific determinations. They therefore supersede the HOC treatment
standards and effective dates. It should be noted, however, that the limi-
tation of 50 ppm is only applicable to liquid hazardous wastes containing
PCBs. Therefore, a nonliquid hazardous waste containing PCBs at concen-
trations greater than or equal to 50 ppm, may be land disposed without
violating the California list PCB prohibition on HOCs, as long as the total
concentration of HOCs does not exceed 1,000 mg/kg.
On the other hand, if the total concentration of HOCs in either a
liquid or nonliquid hazardous waste is greater than or equal to
1,000 mg/kg, the waste is prohibited from land disposal, even if the
concentration of PCBs is below 50 ppm. Also, a nonliquid hazardous waste
containing 400 mg/kg PCBs and 700 mg/kg HOCs other than PCBs (i.e., over
1,000 mg/kg total) is prohibited from land disposal despite the fact that
existing regulations promulgated under TSCA would allow disposal of such
nonliquid PCB wastes in an approved landfill.
Relationship to Dilute Solvent Wastewaters
EPA determined in the November 7, 1986 solvents final rule that
there is a nationwide lack of capacity to treat dilute F001-F005 solvent
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wastewaters. Therefore, these wastes were granted a two-year national
capacity variance until November 8, 1989.
As long as a wastewater is regulated as hazardous because of
F001-F005 solvent constituents, the national capacity variance for
F001-F005 solvent-containing wastewaters will continue to apply. This is
true even if the solvent wastes also contain over 1,000 mg/1 HOCs. EPA has
already addressed these specific solvent wastes on November 7, 1986 and has
indicated in the California list final rule that such waste-specific deter-
minations supersede the California list determinations. However, if the
solvent-HOC hazardous wastewater is not regulated as hazardous by virtue of
being an F001-F005 solvent, then it does not meet the definition of those
wastes addressed in the November 7, 1986 final rule. Therefore, it is
subject to the prohibition effective date promulgated for the dilute HOC
wastewaters. As a result, the hazardous waste would be prohibited effec-
tive July 8, 1987 even if it contains unregulated concentrations of the
constituents specified in the F001-F005 listings.
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7. MODIFICATIONS TO THE LAND DISPOSAL RESTRICTIONS FRAMEWORK
Introduction
The California list final rule makes some modifications to the land
disposal restrictions framework promulgated in the solvents and dioxins
final rule on November 7, 1986 (51 FR 40572). These changes apply to all
wastes subject to the land disposal restrictions. Among these are changes
to strengthen the dilution prohibition, a new prohibition on the evapora-
tion of hazardous constituents for purposes of obtaining a treatment in
surface impoundment exemption, increased flexibility in permit modification
procedures, as well as other changes to the final framework. The major
changes to the framework are discussed below.
Dilution Prohibition (§268.3)
o The California list strengthens the existing prohibition on
dilution of restricted wastes by amending §268.3 to prohibit
dilution as a means of avoiding the land disposal restrictions.
Thus, dilution of wastes to concentrations below the applicable
level is prohibited, as is dilution to circumvent the effective
date of a prohibition.
o Solidification, defined as treatment that renders a hazardous
waste nonliquid, is appropriate treatment in many cases where it
does not merely constitute dilution. Many treatment methods
require the addition of reagents that produce physical or chemi-
cal changes and do not merely dilute the hazardous constituents
into a larger volume of waste so as to lower the constituent
concentration. Where such physical or chemical changes do not
occur, or where the hazardous constituents are not otherwise
immobilized, solidification techniques may be considered to be
dilution as a substitute for adequate treatment within the
meaning of the §268.3 prohibition.
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o Solidification may be appropriate when treatment standards have
not been promulgated. In cases where treatment standards have
been established, solidification will have to achieve those
treatment levels. Where treatment standards have been expressed
as specified technologies, those technologies must be utilized.
o Legitimate aggregation of waste streams to facilitate central-
ized treatment is permissible. Artificial aggregation of
wastes, however, to avoid a land disposal prohibition standard,
or mixing prohibited wastes with substances that do not need to
be treated or which do not aid in treatment, would be considered
impermissible dilution.
Treatment Surface Impoundment Exemption; Evaporation Prohibition (§268.4)
o The July 8, 1987 final rule prohibits evaporation of hazardous
constituents as the principal means of treatment to obtain an
exemption under §268.4 (§268.4 allows treatment of otherwise
prohibited wastes in surface impoundments). Only impoundments
used to treat restricted wastes to reduce their toxicity or
mobility, and not just to transfer hazardous constituents and
their associated risks from the land to the air, are eligible
for the §268.4 exemption. However, evaporation incidental to
properly operated and effective treatment methods is allowed.
o Evaporation of water or other compounds not on the list of
hazardous constituents in 40 CFR 261, Appendix VIII is not
covered by the evaporation prohibition. A treatment process
Involving the evaporation of water as the principal means of
treatment, such as dewatering liquid metal-bearing waste to
facilitate resource recovery, 1s currently eligible for a §268.4
exemption.
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Minor Modifications of Permits and Changes During Interim Status (§270.42
and §270.72)
o The July 8, 1987 final rule allows permitted facilities to use
the minor modification process, under certain conditions, to
obtain approval to change their facilities in order to treat or
store restricted wastes in tanks or containers as necessary to
comply with the land disposal restrictions. Specifically, the
minor permit modification process may be used to obtain approval
to make changes, provided the permittee complies with the
following conditions: first, the owner or operator must submit
a complete major permit modification application; second, the
applicant must demonstrate that changes in a unit to treat or
store restricted wastes 1n tanks or containers are necessary to
comply with the land disposal restrictions; and third, the
applicant must ensure that such units comply with the applicable
Part 265 standards until the major modification request is
granted, or until Part 265 closure and post closure respon-
sibilities are fulfilled.
o Prior to the July 8, 1987 final rule, owners or operators of
Interim status facilities needing expansion by more than 50 per-
cent, in terms of capital investment, were required to defer
such changes until a permit was issued. The California list
final rule changed the regulatory framework by waiving the 50
percent reconstruction limit for interim status facilities.
Such facilities are required to file a revised Part A applica-
tion prior to such changes. Applicants must also demonstrate
that the changes are necessary to comply with the land disposal
restrictions of Part 268. Facilities allowed to expand their
operations by more than 50 percent continue to be subject to the
Part 265 standards.
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General Waste Analysis (§264.13 and §265.13)
o Where no treatment standards have been established, as for some
of the California list wastes, residues not meeting the appli-
cable prohibition levels are subject to the annual removal
requirement for surface impoundments. Waste analysis require-
ments are also revised accordingly.
Purpose, Scope and Applicability of Part 268 (§268.1)
o Section 268.l(d) cross-references an existing regulatory exemp-
tion (40 CFR 262.70) which provides that a farmer disposing of
waste pesticides from his own use on his own farm in accordance
with the disposal instructions on the pesticide label, is not
subject to the land disposal prohibitions.
o The revised definition of "land disposal" clarifies that place-
ment in concrete vaults or bunkers is considered land disposal
only when waste is placed there for disposal purposes.
Case-by-Case Extensions (§268.5)
o Where no treatment standards have been established, applicants
for an extension must demonstrate that the treatment capacity
being provided will meet the underlying statutory standard of
being protective of human health and the environment.
o Section 268.5(h)(2) references the RCRA Section 3005(j)(l) pro-
vision which states that existing interim status surface
impoundments must be in compliance with the minimum technological
requirements applicable to new impoundments by November 8, 1988.
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o The final rule states that a landfill disposing of containerized
liquid hazardous wastes containing PCBs during the period of an
extension, must be 1n compliance with both the TSCA regulations
for chemical waste landfills at 40 CFR 761.75 and the Part 264
and 265 requirements.
"No Migration" Petitions to Allow Continued Land Disposal (§268.6)
o Liquid wastes containing PCBs at concentrations greater than or
equal to 500 ppm are not eligible for a "no migration" exemption.
Waste Analysis and Recordkeeping (§268.7)
o The notice and certification provisions are modified to require
reference to the applicable prohibition levels where no treat-
ment standards are established.
Treatment Standards Expressed as Specified Technologies (§268.42)
o The language in §268.42(b) is modified to indicate that if an
equivalency petition does not have general applicability and
effect, it amounts to an individualized variance, and rulemaking
procedures may not be required. The determination of whether or
not the equivalency petition has general applicability and
effect will be made by the EPA when evaluating each petition.
o The language in §268.42(b) requiring petitioners to demonstrate
that their treatment method does not pose an "unreasonable risk"
is removed. EPA is substituting the RCRA standard which
requires a demonstration that the alternative treatment method
1s "protective of human health and the environment." Since the
equivalency petition 1s made with respect to PCB-containing
wastes also regulated under TSCA, the applicant would also have
to satisfy the "unreasonable risk" standard as required under
the TSCA regulations.
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Prohibitions on Storage of Restricted Wastes (§268.50)
o The exemption from the storage prohibition for wastes that meet
the treatment standards was modified to extend this principle to
wastes for which treatment standards are not specified.
o Section 268.50 was modified to require that California 11st PCB
wastes may only be stored in accordance with 40 CFR 761.65(b)
requirements, and such storage Is limited to one year. For con-
venience, the §761.65(b) requirements have been Incorporated In
S268.50, specifying certain physical characteristics at PCB
storage facilities such as adequate roofing and walls, and
floors with curbing.
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APPENDIX A
SUMMARY TABLE OF CALIFORNIA LIST LAND DISPOSAL RESTRICTIONS
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Constituents and
Prohibition Levels
Effective
Date
Specified Test Methods
Treatment Method Standards
Free Cyanides
(>1,000 mg/1)
Metals (as elements
or compounds) >
Arsenic (500 mg/1)
Cadmium (100 mg/1)
Chromium (500 mg/1)
Lead (500 mg/1)
Mercury (20 mg/1)
Nickel (134 mg/1)
Selenium (100 mg/1)
Thallium (130 mg/1)
Corrosives (pH < 2.0)
PolychloMnated
Blphenyls (>50 pom)
Halogenated Organic Compounds
Dilute Wastewater
(M.OOO mg/1)
Other HOCs (>1,000 mg/kg)
July 8, 1987
July 8, 1987
July 8, 1987
July 8, 1987
July 8, 1987
July 8, 1989
Test PFLT filtrate (r)
Use Method 9010 — "Cyanides
Amenable to Chlor1nat1on
Test," SW-846 (r)
Test PFLT filtrate (r)
Use Chapter 3 - "Metallic
Analytes," SW-846 (r)
Test the total waste, not
filtrate (R)
Test 1n accordance with
40 CFR 261.22(a)(l) (R)
Test the total waste, not
filtrate (R)
Test the total waste, not
filtrate (R)
Stabilization (A)
Alkaline ChloHnatlon (A)
Chlorlnatlon by Sodium Hydroxide
or Sodium Hypochlorlte (A)
Chemical Precipitation (A)
Stabilization (A)
Hexavalent Chromium Reduction (A)
Neutralization to
than 2.0 (A)
Chemical Fixation
a pH of greater
(A)
If less than 500 ppm: Incineration
(761.60) or high efficiency boilers
(761.60) (R).
If > 500 ppm: Incineration In
accordance with 761.70 (R).
Biological Treatment (A)
Activated Carbon Adsorption (A)
Steam Stripping (A)
Test the total waste, not
filtrate (R)
Incineration In accordance with 40
CFR Part 264 Subpart 0 or 265,
_ ^ ^ Subpart 0 (R)
« Restrictions apply only when constituents are contained in liquid hazardous wastes, with the exception of HOCs.—Thl"~
restrictions apply to HOCs contained 1n both liquid and nonllquld hazardous wastes. The prohibition levels and effective
dates for free cyanides and metals are the statutory restrictions established by Congress which are automatically 1n effect.
EPA may decide to establish more stringent prohibition levels.
(R) - Required testing or treatment method (r) - Recommended testing or treatment method
(A) - Available methods identified by EPA 1n the July 8, 1987 Final Rule. Other methods achieving the desired results are also
acceptable at this time.
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APPENDIX B
PART 268 APPENDIX III—LIST OF
HALOGENATED ORGANIC COMPOUNDS REGULATED UNDER §268.32
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Appendix B
PART 268 APPENDIX III—LIST OF
HALOGENATED ORGANIC COMPOUNDS REGULATED UNDER §268.32
In determining the total concentration of HOCs in a hazardous waste
for purposes of the §268.32 land disposal prohibition, the HOCs that must
be included in the calculation are those compounds having a carbon-halogen
bond which are listed in Appendix III to Part 268. The following listing
has been reproduced from Part 268 Appendix III:
Volatiles
Bromodi chloromethane
Bromomethane
Carbon Tetrachloride
Chlorobenzene
2-Chloro-l,3-butadiene
Chlorodibromomethane
Chloroethane
2-Chloroethyl vinyl ether
Chloroform
Chloromethane
3-Chloropropene
l,2-Dibromo-3-chloropropane
1,2-Dibromoethane
Dibromomethane
Trans-l,4-Dichloro-2-butene
Dichlorodifluoromethane
1,1-Dichloroethane
1,2-Dichloroethane
1,1-Dichloroethylene
Trans-l,2-D1Chloroethane
1,2-01chloropropane
Trans-l,3-Dichloropropene
cis-l,3-Dichloropropene
lodomethane
Methylene chloride
1,1,1,2-Tetrachloroethane
1,1,2,2-Tetrachloroethane
Tetrachloroethene
Tribromomethane
1,1,1-Trichloroethane
1,1,2-Trichloroethane
Trichloroethene
Tri chloromonof1uoromethane
1,2,3-Trichloropropane
Vinyl chloride
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Phenoxyacetic Acid Herbicides
2,4-Dichlorophenoxyacetic acid
Aroclor 1016
Aroclor 1221
Aroclor 1232
Aroclor 1242
Silvex
2,4,5-T
PCBs
Aroclor 1248
Aroclor 1254
Aroclor 1260
PCBs not otherwise specified
Dioxins and Furans
Hexachlorodi benzo-p-di oxi ns
Hexachlorodibenzofuran
Pentachlorodibenzo-p-dioxins
Pentachlorodibenzofuran
Tetrachlorodibenzo-p-dioxins
Tetrachlorodibenzofuran
2,3,7,8-Tetrachlorodibenzo-p-dioxin
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APPENDIX C
EXAMPLES ILLUSTRATING INTEGRATION OF THE JULY 8, 1987 FINAL RULE
WITH OTHER LAND DISPOSAL RESTRICTIONS RULES
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Appendix C
EXAMPLES ILLUSTRATING INTEGRATION OF THE JULY 8, 1987 FINAL RULE
WITH OTHER LAND DISPOSAL RESTRICTIONS RULES
The following examples demonstrate EPA's Interpretation of the opera-
tion of the final rule. (These examples assume that none of the exemptions
in sections 268.4, 268.5, and 268.6 apply.)
Example 1; Generator A generates a liquid hazardous waste con-
taining 2,000 ppm HOCs, some of which are F001 hazardous waste solvents.
EPA Interpretation; Effective November 8, 1988, the waste must meet
the applicable treatment standard for the F001 solvent constituents. The
treatment standards and prohibition effective dates for spent solvent
wastes control here because F001 solvents are a subset of HOCs and were
already addressed in the November 7, 1986 final rule. However, §268.30(a)(3)
states that solvent wastes containing less than 1% total F001-F005 constit-
uents as initially generated are prohibited effective November 8, 1988.
Example 2; Generator B generates a nonliquid hazardous waste con-
taining 12,000 ppm HOCs, over 10,000 ppm (1%) of which are F001 solvents.
EPA Interpretation: For the same reasons as the previous
example, the waste must meet the treatment standards for F001 solvents, but
it need not be incinerated to do so. This is because the treatment stan-
dards for F001-F005 solvents are expressed as concentration levels rather
than as a technology. The land disposal prohibition for F001 wastes con-
taining greater than or equal to 1% total F001-F005 solvent constituents
has been in effect since November 8, 1986. This interpretation assumes
that the waste is not generated by a small quantity generator, a CERCLA
response action, or a RCRA corrective action.
Example 3; Generator C, a small quantity generator (SQG) of
100-1,000 kg per month of hazardous waste, generates a spent solvent waste
containing 20,000 ppm of F001 solvents and 25,000 ppm of other HOCs.
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EPA Interpretation: The treatment standard for F001 solvents will
apply as of November 8, 1988 because EPA has determined that there 1s
currently Insufficient nationwide treatment capacity for such spent solvent
wastes generated by SQGs. (See § 268.30(a)(l) of 51 FR 40641.) As the SQG
F001 solvents are a subset of HOCs and were already addressed 1n the
November 7, 1986 final rule, the SQG F001 treatment standards and prohibi-
tion effective date will control.
Example 4: Generator D, a large quantity generator, generates a non-
CERCLA liquid hazardous waste containing 600 ppm PCBs and 11,000 ppm
hazardous waste, spent chlorinated solvents.
EPA Interpretation; The waste must meet the treatment standard and
prohibition effective dates for both solvents and PCBs, and must do so by
incineration. Solvents and PCBs are considered to be different consti-
tuents and, therefore, both sets of treatment standards and prohibition
effective dates (November 8, 1986 and July 8, 1987, respectively) apply.
Examples 1-3 Illustrated that the HOC prohibitions are superseded by prohi-
bitions on more specific types of HOCs. However, 1n this case (Example 4),
solvents are not a subset of PCBs or vice versa.
Example 5A; Generator E, a small quantity generator (100-1,000
kg/mo), generates the same waste as Generator 0 in the previous example.
EPA Interpretation; Because EPA has not found any shortage in
nationwide PCB treatment capacity, EPA ruled that this waste would have to
be incinerated as of July 8, 1987.
Example SB; Same facts as the previous example, except the waste
1s not a liquid.
EPA Interpretation; Only the treatment standards and November 8,
1986 prohibition effective date for the solvent apply because nonliquid
PCB wastes are not prohibited in today's final rule. Therefore, several
treatment options are available In order to meet the solvent standards.
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Example 6: Generator F generates a liquid hazardous waste containing
11,000 mg/1 HOCs and 600 mg/1 lead.
EPA Interpretation: The HOC portion of the waste is not prohibited
until July 8, 1989. The metal portion of the waste 1s prohibited immedi-
ately. Therefore, until July 8, 1989, it is necessary only to treat the
waste such that the metal concentrations are below the established treatment
standards or the waste is no longer a liquid. Once the HOC prohibition
becomes effective, the waste cannot be land disposed until 1t has been
Incinerated. The residue from incineration may be land disposed if 1t is
a nonliquid (e.g., an ash). It may also be land disposed 1f it 1s still a
liquid (e.g., a scrubber water), provided it contains less than 500 ppm
lead (or more stringent levels that may be specified in the future). The
general principle here is that where a waste contains different constituents,
none of which is a subset of another, the waste must meet the treatment
standards and prohibition effective dates for each constituent.
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