vv EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 99Q3.1
TITLE:
Policy for Managing Leachate at PCB Landfills
APPROVAL DATE:
EFFECTIVE DATE:
ORIGINATING OFFICE:
0 FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
OSWER OSWER OSWER
fE DIRECTIVE DIRECTIVE Di
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United States Environmental Protection Agency
Washington. DC 20460
OSWER Directive Initiation Request
1. Directive Number
9903.1
2. Originator Information
Name of Contact Person
John A. Moore
Telephone Code
3. Title
Policy for Managing Leachate at PCB Landfills
4. Summary of Directive (include brief statement of purpose)
This policy guidance sets forth requirements which apply to owners and
operators of TSCA approved landfills with regard to the management of PCB-
containing leachates.
5. Keywords
PCB, leachate, TSCA §761.75 (b)(7)
5a. Does This Directive Supersede Previous Directive(s)?
b. Does It Supplement Previous Directive(s)?
X No
No
Yes What directive (number, title)
Yes What directive (number, title)
Draft Level
A - Signed by AA/DAA
X B •- Signed by Office Director
C - For Review & Comment
D - In Oevelopmen
8. Document to be distributed to States by Headquarters?
X
Yes
No
This Request Meets OSWER Directives System Format Standards.
9. Signature of Lead Office Directives Coordinator
10. Name and Title of Approving Official
Date
Date
EPA Form 1315-17 (Rev. 5-87) Previous editions are obsolete.
OSWER OSWER OSWER 0
VE DIRECTIVE DIRECTIVE DIRECTIVE
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C. 20460
JAN I 6I98T .
PCSTICIOCS ANO TOXIC SUMTA
MEMORANDUM
SUBJECT: Policy for Managing Leachate at PCS Landfills
FROM: John A. Moore C)
Assistant Administrator
for Pesticides
and Toxic Substances (TS-788)
TO: Regional Administrators
This policy guidance sets forth requirements which apply to
owners and operators of TSCA approved landfills with regard to
the management of PCB-containing leachates. There has been
considerable discussion of this issue among offices in
Headquarters and the Regions and legitimate points of view have
been put forward on all sides of the issue. However, it is
necessary for the Agency to have a consistent policy on this
matter and therefore, as National Program Manager for the TSCA
PCB regulatory program, I am issuing this policy guidance
applicable to all EPA PCB permits. ;
I. SUMMARY
Leachate from TSCA approved landfills is properly regulated
under §761.75(b)(7) of the PCB regulations. The Regions have the
discretion to establish requirements for leachate management
which are tailored to the characteristics of the leachates
present at specific sites. This approach should ensure that
leachates will receive both prompt and environmentally sound
attention.
This guidance explains the basic framework for implementing
leachate management under TSCA as an aspect of the approval of
chemical waste landfills t-y the Regional Administrators.
A.'ter a brief discussion about leachate generation and its
characteristics, the memorandum discusses the guiding regulations
and policies which underlie the Agency's approach to managing
leachate.
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Under $761.75(b)(7), leachates generated at TSCA approved
landfills are to be treated to acceptable limits for discharge
in accordance with State or Federal permits (typically NPDES or
SPDES), or disposed of by other State or federally approved
methods. This provision is a signal to apply an "integrative"
approach to leachate management which accounts not only for the
TSCA regulation of the PCS content of leachates, but also for
other potentially applicable State and Federal requirements
under the Clean Water Act (CWA) and the Resource Conservation
and Recovery Act (RCRA). Also, the potential complexity and
variability of leachate composition demands a flexible,
site-specific approach to the regulation of leachate
management. Effective integration of the applicable regulatory
programs, as well as site-specific management requirements, can
be best implemented through the inclusion of leachate management
provisions in the conditions of approval for TSCA landfills.
These conditions provide the enforceable standards governing
leachate management at a permitted landfill site. The Regions
should include appropriate leachate management provisions in the
conditions of approval for TSCA landfills that are now in the
permitting process or will be permitted in the future. In
addition, existing landfill approvals should be modified to
incorporate such conditions. These modifications ought to be
accomplished without having to "re-permit" facilities; i.e.,
these modifications are not significant enough to warrant
commencement of new permitting procedures. Regions should plan
to carry out the necessary modifications of existing landfill
approvals within one year from the date of issuance of this
guidance.
The Agency's policy on leachate management requires:
(1) That leachate be "characterized," i.e., subjected to
sufficient physical and chemical analysis in order to develop all
the information that is necessary to treat or dispose of the
leachater (2^ that based on the leachate's characterization and
on reference to available technical information, appropriate
treatment processes or disposal methods be selected to accomplish
environmentally sound management; (3) that treatment processes
accomplish necessary separation of PCBs from aqueous phases in
accordance with any applicable effluent guidelines or pre-
treatment standards in the facility's Clean Water Act permits;
(4) that the management of the PCS-containing phases of leachate
be designed in all cases to maximize the separation of PCBs from
aqueous phases into organic phases; (5) that treatment residuals
and organic phases (especially those containing >50 ppm PCBs) be
disposed of by high-temperature incineration to the extent
possible, except when the material's characterization suggests
that incineration is inappropriate; and (6) that any PCB-
containing treatment residuals (sludges or slurries) or PCS-
containing phases which ara not incinerated be stabilized in
accordance with OSWER guidance on the "Liquids in Landfills Ban"
.•>rior to being placed in chemical waste Landfills. Maximum
integration and consistency with RCRA management standards for
azardous 'j>/astes is on ~s- er.t al element of this colicv.
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OPTS recognizes that some technical aspects of this subject
may require further development. The composition of leachate can
be variable and complex, and the available treatment technologies
are numerous and evolving. Upon request, OPTS will provide the
Regions with assistance concerning .these technical aspects, as
well as assistance in drafting leachate management provisions in
particular circumstances.
II. FRAMEWORK FOR LEACHATE MANAGEMENT
A. Leachate Characteristics
Leachate is generated at a landfill when water and other
liquids percolate through a disposal site. Leachate may have its
source in the liquid fraction of materials placed in the
landfill, but intrusions by precipitation, surface waters, or
groundwater may also contribute to the volume of leachate
generated. As these liquids percolate through the site, they
transport with them various soluble and leach able components from
materials buried at the site. The design of the landfill (its
susceptibility to precipitation, run-on, or run-off), the nature
and location of the substances placed in the landfill, and the '
design of the leachate collection system all play a role in.
determining the quality and quantity of leachate generated. It
is known that the composition of leachate can be highly variable
from one site to another. Even at a particular site, there are
biological, physical, and chemical transformations which can
cause the leachate composition to vary greatly over time.
Because of the diversity of constituents which can appear in the
leachate drawn from chemical waste landfills, a leachate
treatment system at a particular site must be designed to deal
effectively with the various constituents in the matrix in which
they appear. The management of leachate, therefore, is a site-
specific undertaking necessitating a flexible regulatory
approach.
B- Applicable Regulatory Authority—40 CFR §761.75(b)(7)
An examination of the PCS regulations and the rulemaking
records leads to the conclusion that 40 CFR §761.75(b)(7)
provides the authority for regulating the management (treatment
and disposal) of PCB leachates. With regard to leachate
collected at TSCA approved chemical waste landfills, this
provision specifies that:
"The leawhate should be treated to acceptable limits for
discharge in accordance with a State or Federal permit or
disposed of by another State or federally approved method."
•This language confers upon the Agency the discretion to
approve, through landfill approval conditions, appropriate
treatment processes and disposal rnethods for leachates (and any
treatr.ent residuals). It is assured that this discretion will be
exercised in a manner 'which affords sound environmental
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protection by integrating other applicable State and Federal
regulatory programs. Generally, this connotes integration of
TSCA PCS management with any applicable Clean Water Act (CWA)
facility standards (e.g./ effluent guidelines or pretreatment
standards) for discharges to waterways or publicly owned
treatment works, as well as hazardous waste management standards
under the Resource Conservation and Recovery Act (RCRA) where
hazardous wastes are also involved.
Further regulatory support for addressing leachate
management through approval conditions is found within 40 CFR
761.75(c)(3)(ii), which confers upon the Regional Administrators
the authority to include in a landfill approval "... any other
requirements or provisions that the Regional Administrator finds
are necessary to ensure that operation of the chemical waste
landfill does not present an unreasonable risk to health and the
environment from PCBs." The control of leachate management
.through approval conditions is necessary to ensure that landfill
operations will not present such risks.
At the heart of this policy on leachate management is the'
premise that §761.75(b)(7) of the PCS disposal regulations
confers upon the Regional Administrators the discretion to
approve appropriate treatment processes and disposal methods for
leachates and treatment residuals. Appropriate processes and
methods are those that will enable the facility owner or operator
to comply with any applicable requirements under other State and
Federal regulatory programs (e.g., CWA and RCRA) as well as the
goals under TSCA for the sound environmental management of
PCBs. Significantly, PCB-containing leachates from TSCA-approved
landfills are not regulated directly as PCS wastes under
§761.60(a); nor are they necessarily subject to §761.60(a)
requirements when removed from the landfill cell by required
leachate collection systems. Rather, these materials are subject
co the treatment and disposal requirements set out in the
landfill approval conditions. The rationale for this approach to
leachate management is as follows:
/ 1. Leachate matrices may be quite complex and
variable, so subjecting such materials to disposal
requirements which are based only on PCB concentration
..->' could produce results that are neither feasible nor
ervironmentally sound. Were §761.60(a) the sole
authority governing leachate nanagement, any leachate
. c^- residual with >50 ppm PCBs would be subject to
•"' incineration requirements, regardless of its
suitability for incineration. These materials may
require considerable treatment before they will be in a
form suited for incineration, and for some .materials,
effective treatment may be that which stabilizes it in
preparation for landfiiling. In any case, utilizing
5761.75(b)(7) as the authority for approving treatment
processes avoids the administrative burdens which would
occur under a 5761.60 ascrcacr. L'nder 5761.60, the
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Agency would have to issue separate "alternative
disposal" permits under §761.60(e) in o.rder to approve
the routine physical separation processes required in
the handling of leachates. Moreover, the philosophy
applicable to typical PCB disposal is not always
appropriate to the management of leachate. The
presence of PCBs as a leachate constituent is but one
factor which should be considered in determining the
proper disposition of leachate; other factors (e.g.,
high ash content, presence of heavy metals) may lead
one to conclude that incineration is not appropriate.
Also, in the course of treating complex leachate
matrices, it may be appropriate to mix compatible
materials and perform treatment processes that might be
construed as prohibited dilution under the
concentration-based PCB disposal requirements.
Integration of regulatory requirements and the
necessities of sound leachate management argue in favor
of an approach recognizing.greater discretion than is
possible under the direct application of §761.60(a)
incineration requirements.
2. The record-for the PCB Marking and Disposal
Rule supports the conclusion that leachates were
intended to be a category of material distinct from the
"PCB wastes" regulated under the concentration-based disposal
requirements of §761.60(a). As explained in the proposed
Disposal Rule (42 Federal Register 26564 et seq..), the
working definition for the purpose of applicability of PCB
disposal requirements was the definition of "PCB mixture,"
as that term was defined and explained in the regulations'
and proposed rule preamble. The later deletion (during the
issuance of the final 1979 PCB Ban Rule) of the "PCB
mixture" definition in favor of the more general definition
of "PCBs" was not done with the purpose of broadening th.-s
coverage of the disposal requirements beyond the types of
materials (the "PCB mixtures") described in the 1978
Disposal Rule. The fullest exposition on the scope of the
"PCB mixture" language appears in the proposed Disposal Rule
preamble (42 Federal Register 26565, 26566), and it is clear
that, leachates do not fit within any of the classes of
"commercial applications" (coolants, dielectrics, etc.) or
other "wastes" described as within the intended scope of1
these requirements. The Disposal Rule contemplated a
universe of "wastes" consisting of PCB mixtures contaminated
with PCBs on account of: (1) Purposeful -c'ommercial uses of
PCBs (e.g., as a hydraulic fluid, dielectric, or wax
extender), (2) incidental exposure to PCBs during commercial
activities (e.g., inadvertent contamination of mineral oil
during servicing of transformers), or (3) environmental
exposure to PCBs from accidents and spills. (See 42 FR
26565). It is for these relatively simple "PCB waste"
matrices that §761.60 impose-s rational and effective
disposal requirements.
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3. An interpretation holding that-, PCS-containing
leachates are regulated under §761.60(a) disposal
requirements would render meaningless the clear command of
§761.75 to allow either the treatment of leachates or
.disposal in accordance with other State or federally
approved methods. If these treatment and disposal luethods
were intended to be limited only to high-temperature
incineration (based on PCB concentration), the leachate
regulation would have specified this result.
4. In addition, it is critical to note that the PCB
regulations routinely and expressly reference §761.60
disposal requirements when such disposal is the intended
result. The reference in the leachate management provision
to "another State or federally approved method" is a
significant deviation from this routine practice. Such
deviations appear in the Disposal Rule record for only a few
types of materials—leachate, and materials drawn from
groundwater monitoring wells (required to be "treated to •
meet applicable State or Federal discharge standards or
recycled to the landfill") [40 CFR §761.75(b)(6)(ii)]. By
referencing other State and Federal methods for leachates,
the Disposal Rule followed an approach which was recommended
for the regulation of other, lower concentration PCB
materials such as PCB-containing dredge spoils and sewage
sludges. For such materials, the Disposal Rule racord
explains that environmental management through the effective
integration of a variety of State and Federal regulatory
programs was considered to be the most desirable approach.
(See 42 FR 26565r see also, 43 FR 7151). In light of the
leachate provision's express reference to State and
federally approved methods, and these other contexts in
which the Disposal Rule record refers to other regulatory
programs, the leachate provision's express language is
properly construed as a signal to regulate PCB leachates
with deference to the requirements of other applicable
regulatory programs, including CWA and RCRA.
C. Maximum Integration With RCRA Management Standards
A major emphasis of this guidance is integration with RCRA
management standards for the treatment and disposal of hazardous
wastes. This emphasis is essential to the effective
implementation of leachate management at TSCA permitted
landfills.
Leachate matrices can be expected to contain constituents
which are regulated under RCRA as hazardous wastes. Under RCRA
regulations, leachates generated from the Landfilling of "listed"
hazardous waste or leachates which exhibit one or more of. the
hazardous waste characteristics (i.e., ignitability. corrosivity,
reactivity, and Extraction Procedure tcxicity) are hazardous
'wastes. Also, ?C?A defines ^ mixture of hazardous, ^aste and
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other waste to be itself a hazardous vaster so, a leachate
mixture containing PCBs and hazardous waste is defined as RCRA
hazardous waste. These leachates are subject to RCRA standards
for hazardous waste management, including those for treatment in
surface impoundments and tanks.
The RCRA regulations dealing with treatment facilities
(surface impoundments, tanks) are well suited for the control of
leachate treatment. For leachates that are RCRA hazardous
wastes, the requirement to characterize leachate prior to
treatment is supported by 40 CFR §264.13, which requires the
owner or operator of the facility to obtain a detailed physical
and chemical analysis of a hazardous waste prior to any
treatment. At a minimum, the analysis must contain all the
information which must be known to treat the waste in accordance
with regulatory requirements. Records of the analyses obtained
and the treatment processes performed must be kept at the
facility. Other RCRA requirements (see Appendix I of 40 CFR,
Part 265) impose additional recordkeeping requirements in
connection with waste treatment. While not all leachates will .
contain hazardous wastes, TSCA permit writers are advised by this
policy to use their approval authority to incorporate analysis
and records requirements such as those under RCRA in their TSCA
conditions of approval for leachate management.
Also, since the currently operating TSCA approved landfills
are generally units of larger landfill facilities regulated under
. RCRA, the treatment systems in which leachates may be treated are
likely to consist of the landfill facility's associated tanks or
surface impoundments. In addition to treatment units associated
with landfills, RCRA regulations recognize that hazardous wastes
may also be treated: (1) At surface facilities associated with
injection wells that dispose of hazardous waste, (2) at
"wastewater treatment units" (as defined at 40 CFR §260.10), and
(3) at other facilities regulated pursuant to discharge
conditions in NPDES permits [see 40 CFR §270.l(c)].
PCB-containing leachates often will consist of hazardous
waste mixtures, and in such instances, it is entirely proper for
treatment to take place in facilities recognized as appropriate
under RCRA. Indeed, in the absence of TSCA design and operation
standards for surface impoundments and tanks, this policy
recommends that TSCA permit writers generally use their .-.pproval
authority to approve treatment in the RCRA approved facilities.
However, under this policy, the primary goal of leachatf
management is to ensure separation of PCBs from aqueous materials
into an organic phase which may be segregated and, where
appropriate, incinerated. Therefore, while off-site treatment
may be suitable for many aqueous materials, this policy
encourages TSCA permit writers to require on-site treatment at
least to the extent of the separation and/or filtration processes
necessary to ensure the initial, ad-equate seoaration of PC3s from
aqueous materials. In other words, approval to transfer
Laachatss- to off-site facilities ( e . c . , wastewater treatment
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units or injection well facilities) for additional treatment
should be limited only to the treatment of aqueous phases from
which PCBs have been initially separated to t"he satisfaction of
the TSCA permit writers. The extent of separation that may be
required prior to allowing off-site treatment is a matter which
must be determined on the basis of available treatment
technologies and the complexity of the leachate matrix.
D. Role of Incineration In Leachate Management
The discussion above in Part II B regarding "appropriate"
treatment and disposal methods emphasizes that leachates are not
subject directly to the §761.60(a)(1) incineration requirement.
That discussion should not be construed to suggest that the role
of high-temperature incineration in destroying PCBs is diminished
•in the leachate management context. This policy underscores the
point that whenever PCBs can practically be isolated by treatment
in an organic phase amenable to incineration, the TSCA permit
writers should use their approval authority to require this
disposal method. Since the outset of the TSCA PCS disposal
program, the Agency has designated high-temperature incineration
as the primary disposal method for PCBs. The disposal
requirements of §761.60(a) reflect this policy by directing
most PCB wastes to incineration. While leachates are not
"PCS wastes," the goals of leachate management at landfills
'should also reflect the policy favoring destruction of PCBs
rather than long-term containment. The PCB disposal requirements
of §761.60(a) provide a useful guide for approval conditions
requiring the incineration of PCB-containing materials (>50 ppm),
unless the characterization of the material indicates that the
materials are not amenable to incineration.
i
Of course, the TSCA permit writer's discretion to approve
appropriate treatment and disposal methods for leachates extends
to approving treatment which does not result in PCB destruction,
including treatment which results in stabilization and
landfilling. Where leachates are also hazardous wastes, such
treatment is conditioned upon .compliance with the "Liquids in
Landfills Ban"•and the OSWER guidance implementing the
prohibition of landfill disposal of bulk liquids and free liquids
in containerized waste. This guidance generally relies upon the
"Paint Filter Liquids Test" to determine when prohibited liquids
are present, and it uses an "unconfined compressive strength
test" to determine whether liquids (hazardous wastes) have been
adequately stabilized to allow their placement in landfills.
(See OSWER Policy Directive #9487.00-2A, June 11, 1986).
TSCA permit writers should follow the OSWER guidance
implementing the "Liquids in Landfills Ban" in prescribing
conditions on the placement of any PCB-cor.taining materials
(derived from leachate) in chemical waste landfills. The Paint
Filter Liquids Test and uncon.fined corr.press i ve strength test
should provide objective criteria for approving landfill disposal
of residuals (i.e., sludses and slurries) -which cannot reasonably
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be subjected to incineration. Materials which have been
sufficiently stabilized under these tests may be landfilled
regardless of PCB concentration.
E. Leachate Management In the Landfill Approval Process
While the incorporation of leachate management into the
approval process for TSCA approved chemical waste landfills will
increase the complexity of the permit writer's task, the
discretion accorded to the Regional Administrators is
sufficiently broad to allow a variety of possible solutions to
the management challenges posed by a given leachate. This
guidance emphasizes that the goal of the permitting process with
regard to leachate management is not to seek out any one, "ideal"
treatment system; nor is leachate management intended to be a
"technology-forcing" device that would justify great expenditures
for research and development by owners and operators of
landfills. Rather, the goal of this guidance is to assure that
leachate management is accorded adequate consideration by being
addressed in the permitting process. The objective of the
approval process is to assure that leachate management is both
prompt and environmentally sound. The discussion which follows
is intended only to suggest how the process might be implemented;
it is not intended to constrain rigidly the permit writer's
discretion.
1. The first requirement 'in any leachate management
scenario should be the requirement that the leachate be
J*characterized," i.e., a requirement that the leachate be
subjected to sufficient physical and chemical analysis in order
to develop all the information that is necessary to treat or
dispose of the leachate. For hazardous wastes, characterization
requirements can be readily imposed on the basis of RCRA waste
analysis requirements. (40 CFR §264.13, §265.13). Approval
conditions should include characterization requirements in every
case, modeled after the RCRA analysis requirements discussed
above. At new facilities (for which there is not yet leachate to
characterize), one might attempt to project the leachate
composition (on the basis of the wastes which will be managed" at
the facility) and impose interim treatment and disposal
requirements. Or, where collection and storage capacity is
adequate, characterization may be deferred until there is actual
leachate on-hand to manage.
2. Based upon the results of the leachite
"characterization," one should refer to the available technical
guidance and other literature to determine the types of treatment
processes which are likely to be effective in treating the given
Leachate constituents. Ideally, several unit processes could be
combined into a treatment train or system providing the most
effective level of treatinent. There are a variety of physical
and chemical treatment proces- es which nay be of benefit in
treating the various organic •"? :. "organic constituents which may
be found in leachate. Siclt ": •-.::eat.-?.ent:, activated carbon
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adsorption, ion exchange, chemical precipitation and
flocculation, reverse osmosis, oxidation and reduction processes,
etc., are a few examples of treatment processes discussed in the
literature. For a more detailed description of these processes
and their limitations, see the Office of Solid Waste Document
SW-871, "Management of Hazardous Waste Leachate."
3. An effective early step in managing PCB-containing
leachates will consist of density separation processes. Since
leachates are essentially aqueous streams containing suspended or
dissolved contaminants, density separation will facilitate the
segregation of PCBs in an oil phase, in a vater/dissolved solids
phase, in an emulsion phase, and in a phase consisting of
settleable solids. The greater affinity of PCBs for the "oil" or
organic phases suggests a management scheme which directs the
PCBs in the organic phases to high-temperature incinerators
(where characterization indicates that incineration is
appropriate), while subjecting the aqueous phases to additional
treatment. Effective management must also provide for the
characterization and appropriate disposal of treatment residuals,
such as slurries and sludges. When these residuals cannot
reasonably be incinerated, OSWER guidance on the "Liquids in
Landfills Ban" should be consulted as a reference for
stabilization criteria.
4. In addition to the discretion which exists to approve a
variety of treatment processes, the Regional Administrators
possess considerable discretion insofar as the level of
penrdtting oversight over the details of leachate management.
Where characterization indicates that leachate composition is not
complex, it may be reasonable to impose simple management
requirements based largely on the PCS disposal requirements of
§761.60. A simple leachate matrix may consist essentially of
materials resembling a "PCS mixture," or, treatment may
accomplish the segregation of such materials. In such cases, the
concentration-baafed disposal requirements of §761.60 ar:-•'
\ fs'
5. Approved treatment of leachates must occur in facilities
(e.g., RCRA surface impoundments and iianks) approved by Regio:;al
Administrators under operating conditions deemed neceasarry to
ensure protection against unreasonable risks. For existing
facilities, the "selection" of appropriate leachate treatment
processes may consist of upgrading an existing treatment system
used for treating hazardous wastes to assure the early and
effective separation of the PCBs from aqueous phases. In
corr.-r-r. ir • -v-L^"- .he separation processes, approval may also
ir.v ' •••cz..- performance standards to assure that an existing
£'/•= • ' - • 'to maximize its effectiveness in treating
0 " .-v^c, TSCA ancrovai authoricv enables the
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11
Regional Administrators to require an owner or operator of a
facility to demonstrate the efficacy of its treatment system.
The results of any demonstration could justify the imposition of
performance standards governing such factors as feed rates,
removal efficiency of separators, required PCS concentration
levels after filtration, and the like.
6. Both RCRA and TSCA regulations provide authority for
including approval conditions restricting the commingling of
incompatible materials. TSCA landfilling provisions state that
throughout the waste handling and disposal process for PCBs, the
owner or operator must segregate other wastes (including
solvents) that are "chemically incompatible" with PCBs. [40 CFR
§761.75(b)(8)]. Likewise, RCRA treatment standards prohibit the
simultaneous treatment of "chemically incompatible" wastes, which
RCRA regulations define as wastes which, when mixed, will
produce: (1) Heat or pressure, (2) fire or explosion, (3)
violent reaction, (4) toxic dusts, mists, fumes, or gases, or
(5) flammable fumes or gases. (See 40 CFR Part 265, Appendix V).
In addition to conditions dealing with these examples of
incompatible mixes, the "incompatible waste" language provides-a
basis for conditions prohibiting the commingling of PCB leachates
with other materials which would undermine the goals of this
policy. For example, once treatment has accomplished segregation
of PCBs into the organic phase, one might prohibit further
treatment that involves any commingling with organic solvents
which would enhance the subsequent leaching of PCBs from that
leachate matrix. Also, during initial treatment processes, <-
conditions may be included prohibiting the commingling with other
waste streams (e.g., heavy metals) or materials which would
affect adversely one's ability to efficiently segregate the PCBs
from aqueous phases, or which would unnecessarily render the PCBs
into a form unsuited for incineration. However, neither these
regulations, nor the "anti-dilution" language of 40 CFR §761.l(b)
provide the basis for prohibiting all types of mixing in the
course of treatment. Commingling with other waste streams and
the materials necessary for approved treatment is permissible as
long as such commingling is consistent with effective treatment
and does not serve to defeat the goals of this policy.
F. Dealing With Leachate From Pre-TSCA Landfills
When EPA issued its PCB disposal regulations, it did not
require that PCBs and PCB Item? placed in landfills and dumps
prior to February 17, 1978, be removed for disposal. (See Note
preceding §761.60). PCBs disposed of in pre-1978 ("pr--TSCA")
disposal sites are considered to be "in service," and there is no
T.SCA authority at this time to impose PCE disposal requirements
on these materials until the wastes are "removed" from the
disposal site.
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Although the leachate management provision [40 CFR
§761.75(b)(7)] provides ample authority and discretion to deal
with the PCB leachates generated at TSCA approved landfills, this
provision is not applicable to the leachates collected front pre-
TSCA disposal sites. Nevertheless, there are compelling policy
reasons for handling leachates collected from some pre-TSCA
disposal sites in a manner consistent with that for TSCA
landfills. First, such leachates may also be found in complex
forms which do not resemble the simple "PCB waste" matrices
intended to be covered by §761.60 disposal requirements. Indeed,
these materials are likely to be more complex than the leachates
from TSCA approved landfills. So, these material^, may require
considerable treatment before the PCBs will be irf^a form amenable
to incineration.
Second, such disposal sites are commonly encountered at
landfill facilities which contain, in addition to active cells
currently receiving or managing chemical wastes, inactive or
closed landfill units which received their wastes prior to the
effective date of TSCA or RCRA disposal requirements. These
units were neither designed nor operated to comply with current
regulations aimed at minimizing run-on and run-off, protecting
surface waters and groundwater, segregating incompatible
materials, and restricting free liquids and leachable
components. These pre-TSCA units present unique post-closure
care challenges, including the management of their leachates,
some of which may present very complex matrices, and may contain
PCBs at relatively high concentrations.
In these instances, the practical necessities of sound
leachate management argue even more urgently for the discretion
and prompt attention which may be realized through the approval
process reflected in this guidance. Also, these facilities
(operating facilities which include inactive or closed pre-TSCA
units) are the ones that are likely to possess the means and the
incentive to collect and manage leachates emanating from their
pre-TSCA disposal sites. Collection of such leachates may be
compelled by State permitting authorities under the terms of a
general facility permit, and under new RCRA authority [§3004(u)],
facilities could be required to collect Leachates from any
inactive waste management units which generate releases requiring
"corrective action." Although TSCA does not provide express
authority for compelling the collection of leachates from pre-
TSCA disposal sites, a pjlicy regarding their maiagement which
enables them to be promptly and efficiently deaJ i with may
promote their responsible management prior to the generation of
"releases" requiring remedial action. While these materials are
not subject directly to §761.75, it is clear that a similar
approach to their management (i.e., approval of appropriate
treatment and disposal) would best accommodate them.
Therefore, leachates removed from pri- -TSCA landfill cells
may be managed, upon approval, at these f- ilities using the
treatment processes approved under the fa lity's TSCA landfiiL
oernits. As a colicv matter, th:'.3 aocroc. should create
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sufficient incentive to bring these materials within the approval
process where they can be dealt wi ih most appropriately.
Of course, these leachates must be characterized in the same
manner as §761.75 leachates, and where characterization suggests
that these leachates may be chemically incompatible with other
leachates or wastes, approval conditions may prohibit commingling
or impose additional treatment requirements.
III. CONCLUSION .
The leachate management policy announced in this guidance
should enable leachate problems to be addressed with the
flexibility necessary to produce workable solutions which are
fully protective of health and the environment. Of course, the
implementation of this policy will present several administrative
and technical challenges, including the obvious need to develop a
familiarity with the potentially effective treatment technologies
and their limitations. Also, since the policy announced here is
an "integrative" one, it will require analyzing leachate issues
more comprehensively than is usually dene for the more
traditional PCS waste issues. Likewise, it may require some
actual experience with the policy to develop and improve the
means and procedures by which a site-specific approval process
can be worked into the TSCA permitting of PCS landfills. OPTS
will work with the Regions to help surmount these difficulties.
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