United States Environmental Protection Agency June 1989 Solid Waste and Emergency Response (OS-520) Land Disposal Restrictions Summary of Requirements 1/24 Bnue/SI Printed on Recycled Paper ------- United States June 1989 Environmental Protection Agency Solid Waste and Emergency Response (OS-520) vvEPA Land Disposal Restrictions Summary of Requirements ------- DISCLAIMER This handbook presents only a summary of the Land Disposal Restriction regulations. In order to determine the specific requirements, consult the appropriate Federal Regis- ter publications cited in the handbook. ------- Contents Section Page Introduction 1 1. General Provisions of the Land Disposal Restrictions (LDR) Program 3 Applicability 3 Prohibition on Dilution 3 Storage 4 Testing and Recordkeeping 5 Generator Responsibilities Treatment Facility Responsibilities Permit Program 8 Interim Status Facilities Permitted Facilities Variances, Extensions, and Exemptions 9 National Capacity Extension Treatability Variance Case-by-case Extension No Migration Petition Surface Impoundment Exemption 2. Solvent - Dioxin Rule 13 Treatment Standards 13 Solvent Treatment Standards 13 Dioxin Treatment Standards 16 3. California List Rule 19 Cyanides and Metals 21 Halogenated Organic Compounds 21 Corrosives 21 Polychlorinated Biphenyls 21 4. First Third Rule 23 Soft - Hammer Restrictions 24 Testing Requirements 25 ------- Land Disposal Restrictions Summary of Requirements INTRODUCTION On November 8,1984, the President signed into law the Hazardous and Solid Waste Amendments (HSWA) to the Resource Conservation and Recovery Act (RCRA). Among other things, these Amendments require EPA to evaluate all listed and characteristic hazardous wastes ac- cording to a strict schedule to determine which wastes should be restricted from land disposal. For wastes that are restricted, the Amendments require EPA to set levels or methods of treatment that substantially diminish the toxicity of wastes or reduce the likelihood that hazardous constituents from wastes will migrate from the disposal site. Beyond the dates specified in the schedule, restricted wastes that do not meet the treatment requirements are prohibited from land disposal. According to HSWA, if EPA fails to set the treatment standards for a particular waste by the specified deadline, that waste is automatically subject to land disposal restric- tions specified in the statute. In the first rule implementing the land disposal restrictions, published on November 7, 1986, EPA 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 1 ------- • Salt domes or salt bed formations • Underground mines or caves • Concrete vaults or bunkers, intended for disposal purposes The following final land disposal rules have been published to date: DATE May 28, 1986 November 7, 1986 June 4, 1987 July 8, 1987 FEDERAL REGISTER 51 FR 19300 51 FR 40572 52 FR 21010 52 FR 25760 July 26, 1988 August 16. 1988 August 17, 1988 53 FR 28118 53 FR 30908 53 FR 31138 REGULATING provides schedule solvents and dioxins corrections to November 7, 1986 rule "California List" wastes- halogenated wastes, certain metal-bearing wastes, polychlorinated biphenyls (PCBs), and cyanide and corrosive wastes Underground Injection Control (UIC): solvents and dioxins UIC: "California List" and some "First Third" wastes (specific F, K, P and U wastes) "First Third" wastes Other scheduled rules in the LDR program include: June 8, 1989 May 8, 1990 "Second Third" (see §268.11) "Third Third" and all characteristic wastes (see §268.12) The general provisions applicable to all rules will be described in the first half of the pamphlet. Informa- tion presented in this pamphlet describes all LDR regulations promulgated as of August, 1988. Notations appearing in parentheses after a topic heading indicate the specific part of the Federal Regulations dealing with the particular subject (e.g., §268.30 denotes Section 268.30 in Title 40 of the Code of Federal Regulations). ------- 1. GENERAL PROVISIONS OF THE LDR PROGRAM APPLICABILITY The LDR rule applies to hazardous wastes placed into land disposal units after the effective dates of the pro- hibitions. Wastes disposed of before November 8, 1986, do not have to be removed from a land disposal unit for treatment. However, if wastes are removed from land disposal, the wastes must meet the applicable treatment standards before subsequent placement in or on the land. In addition, wastes disposed in underground injection wells were not covered by the LDR until August 8, 1988. PROHIBITION ON DILUTION (§268.3) The LDR rule prohibits the dilution of restricted wastes as a substitute for adequate treatment. This pro- vision ensures that no individual avoids the intent of EPA's regulations by simply adding material to a waste that does not meet the treatment standards, rather than actually treating the waste. Dilution as a necessary part of the waste treatment process is allowed in the LDR program. For example, the addition of an acid or basic reagent to a waste in a neu- tralization pond does not merely dilute the waste into a larger volume of waste; rather, the addition of the reagent is a normal process of physically or chemically altering the waste to render it less hazardous. ------- STORAGE (§268.50) Under the LDR program, permitted or interim status treatment, storage, and disposal facilities may store restricted wastes as long as needed provided that such storage is solely for the purpose of accumulating sufficient quantities of waste to facilitate proper treatment, recovery, or disposal. If the facility stored a restricted waste for more than one year, it bears the burden of proof that the storage was solely for this purpose. For storage of less than one year, however, EPA would bear the burden of proof. An exception to this is liquid hazardous waste containing PCBs at concentrations greater than or equal to 50 ppm, which cannot be stored for greater than one year. For generators without a RCRA permit or interim status, the rules contained in §262.34 governing accumulation of hazardous wastes have not changed under the LDR rule. Transporters may accumulate restricted wastes at a transfer facility up to 10 days without a permit or interim status. Large Quantity Generators may accumulate for 90 days (180 or 270 days for Small Quantity Generators depending on distance transported) without a permit. Persons holding wastes under these exemptions do not have to demonstrate that they meet the "purpose" test described above (storage of sufficient quantities to facilitate treatment, disposal or recovery.) Wastes that are placed in storage prior to the effective date are not subject to the restrictions on storage. However, once taken out of storage, these wastes must meet the applicable treatment standards prior to land disposal. ------- TESTING AND RECORDKEEPING (§268.7) The testing and recordkeeping requirements of the LDR rule reflect EPA's philosophy of tracking wastes from generation to ultimate disposal. All restricted wastes, whether treated and disposed on-site or sent off-site to a RCRA treatment, storage, or disposal facility, are subject to testing and recordkeeping requirements. These requirements also apply to non-RCRA recycling facilities because the wastes they receive and the resulting residues may be subject to the LDR. Generator Responsibilities (§268.7) The generator must determine: • Whether the waste is subject to the LDR rules; • What constituent levels are in the waste; • Which treatment standards or prohibition levels apply; and • Whether the waste must be treated or already meets the applicable treatment standard or pro- hibition level upon generation. The generator can make these determinations based on either knowledge of the waste, or, as specified in the regulations, by conducting a total waste analysis or by testing the waste extract resulting from the Toxicity Characteristic Leaching Procedure (TCLP) (see 40 CFR 268, Appendix I). If the generator uses his knowledge of the waste to ------- determine that the applicable treatment standard or prohi- bition level has been met at the point of generation, the generator must maintain records at the facility of all supporting data used to make the determination. If the waste meets the treatment standards, the gen- erator may send the waste directly to a disposal facility. With each shipment, the generator must send a notice that provides the following information: 1. The EPA Hazardous Waste Number(s); 2. The applicable treatment standard(s); 3. The manifest number associated with the waste shipment; and 4. The waste analysis data (if available). The generator must also provide a signed certification stating that the waste delivered to the disposal facility meets the treatment standard, and that the information included in the notice is true, accurate, and complete (see 40 CFR 268.7(a)(2)). Furthermore, if the treatment standard is not currently applicable because EPA has granted an extension to the effective date for a particular waste, the generator is responsible for notifying the land disposal facility. Generators must retain copies of all notifications, certifi- cations, and waste analysis data on-site for at least five years. Generators who treat, store or dispose of restricted waste on-site must comply with the recordkeeping require- ments for treatment, storage and disposal facilities (except for the manifest number). ------- For restricted wastes that do not meet the treatment standard, the generator must send a notice, containing the four items outlined above, with each shipment to the storage/ treatment facility, including recyclers, reclaimers, and incinerators since residues from these facilities may ulti- mately require land disposal. Treatment Facility Responsibilities (§268.7) Treatment facilities must treat restricted wastes to the level specified by the applicable treatment standard(s) or use the specified treatment method(s). Each treatment facility is responsible for: • In its operating record, keeping a copy of the notice and any available waste analysis data provided by the generator; and, • Revising the waste analysis plan to include (1) properly testing the restricted waste to determine which treatment standards apply, and (2) testing the residual from the treat- ment process to determine if it meets the treat- ment standard. These tests must be performed as specified in the facility's waste analysis plan. (Alternatively, data supplied by the generator can be used.) The treatment facility, like the generator who ships directly to a disposal facility, must submit a notice and certification to the disposal facility. When a treatment facility ships to another treater for additional treatment, the notice requirement also applies. Even when the treatment residue does not go directly to a land disposal facility, the treatment facility is responsible for keeping the generator's notice in the operating record. 7 ------- Land Disposal Facility Responsibilities (§268.7) Land disposal facilities disposing of restricted wastes must maintain generator and treatment facility notices and certifications. These facilities must also ensure that appropriate tests of incoming wastes, or extracts of the waste, or treatment residues using prescribed methods to establish compliance with the LDR rule are conducted. Such testing must be performed as specified in the facility's waste analysis plan. In cases where the land disposal facility is disposing of a soft hammer waste, it must ensure compliance with applicable requirements (see Soft-Hammer Restrictions, p. 24). PERMIT PROGRAM Interim Status Facilities (§270.72) Prior to the July 8,1987 CalforniaList rule, treatment facilities operating under interim status could increase their operations provided that the facility alterations and expan- sions did not exceed 50 percent of the capital cost of a comparable new facility. Interim status facilities are no longer limited by the 50 percent ceiling for treatment or storage of restricted wastes in tanks or containers. Permitted Facilities (§270.42) On September 28, 1988, EPA established a new system of procedures for permittee-initiated permit modi- fications. In that rule, specific facility changes were classified as either Class 1, 2, or 3 modifications. EPA has amended that rule to allow, as Class 1 modifications, certain facility changes that are necessary to comply with the LDR rule. Class 1 modifications are generally allowed without prior agency approval although in some cases, prior agency approval is required. 8 ------- The amendments will allow owners and operators of permitted facilities to add new waste codes, or a narrative description, to a permit as Class 1 modifications for disposal under certain conditions where the added wastes are: (1) restricted wastes that have been treated to meet applicable Part 268 treatment standards; or (2) residues from treating soft hammer wastes; and (3) certain wastewater treatment residues and incinerator ash. The rule also allows as a Class I modification, with prior EPA approval, the addition of new treatment processes, as long as those processes are necessary to meet treatment standards and the treatment processes are to take place in tanks or containers. It is important to note that a permit does not shield an owner or operator of a treatment, storage, or disposal facility from meeting land disposal requirements. VARIANCES, EXTENSIONS, AND EXEMPTIONS The statute provides a few limited opportunities for delaying the effective date of prohibitions or gaining an exemption from the prohibitions. National Capacity Extension (§268.30) A national capacity extension is provided when EPA determines that sufficient treatment capacity is not available on a nationwide basis. Treatability Variance (§268.44) Generators whose wastes cannot be treated to the established treatment standards may petition EPA for a treata- bility variance. Wastes that may be eligible for a variance include, for example, exotic wastes, wastes formed by ------- inadvertent mixing, and wastes that otherwise are different in physical form from those wastes used to set the treatment standards. For EPA to grant a variance, a petitioner must not only successfully demonstrate that the waste is significantly different from the wastes evaluated by EPA in setting the treatment standards, but that the waste cannot be treated to meet the treatment standard. The petitioner must show that attempts to treat the waste by available technologies were unsuccessful or that the waste cannot be treated by the specified technology. In granting a variance, EPA will establish a new treatability group for that waste and set a new treatment standard. Case-by-Case Extension (§268.5) In cases where alternative treatment, recovery, or disposal capacity cannot reasonably be made available by the effective date of the land disposal prohibitions, interested parties may petition EPA for an extension of the effective date on a case-by-case basis. EPA may grant a case-by-case extension of up to one year. This extension is renewable only once. To be considered for a case-by-case extension, a petitioner must demonstrate that: (1) a good faith effort has been made to locate and contract with hazardous waste treatment, recovery, or disposal facilities nationwide to handle the waste, (2) he has entered into a binding contract to construct or otherwise provide adequate treat- ment, recovery, or disposal capacity for the waste, and (3) alternative treatment, recovery, or disposal capacity cannot reasonably be made available by the effective date due to circumstances beyond his control. 1.0 ------- All wastes receiving either of the extensions (two- year national capacity or case-by-case) must be placed in a unit that is in compliance with the minimum technological requirements or a unit for which EPA has granted a waiver from these requirements. The minimum technology pro- visions require a double liner, a leachate collection system, and an adequate ground-water monitoring system. No Migration Petition (§268.6) The final petition is the no-migration petition. EPA will consider allowing land disposal of restricted wastes if a petitioner can demonstrate, to a reasonable degree of certainty, that such disposal will not allow migration of hazardous constituents from the disposal unit for as long as the waste remains hazardous. A successful no-migration petition will allow land disposal of a specific waste at a specific site. Until EPA grants a treatability variance from the treatment standards, a case-by-case extension, or a no- migration petition, the LDR regulations continue to apply to the applicant. Guidance documents from EPA will be made available in the near future on making demonstrations for case-by- case extensions, variances from the treatment standards, and no-migration petitions. (Facilities with underground injec- tion wells may want to contact the Federal Office of Drinking Water for information on no-migration petitions in the UIC program.) SURFACE IMPOUNDMENT EXEMPTION (§268.4) EPA will exempt restricted waste treatment in surface 11 ------- impoundments from the LDR under the following conditions: • Liquid and solid treatment residuals not meeting the treatment standards must be removed from the surface impoundment at least once every 12 months. They must be treated to meet the applicable standards before being disposed of, and may not be placed in another surface impoundment; and, • The surface impoundment meets minimum technological requirements including a double liner, leachate collection system and ground- water monitoring system; or, • The surface impoundment is operating under a waiver from the requirement to retrofit surface impoundments with double liners, or under a double-liner variance for alternate systems [§§3005(j)(2) and (4), and §§264.221(d) and (e), 265.221(c) and (d), 264.301(d) and (e), and 265.301(c) and (d)], and • Evaporation of hazardous constituents is not being used as the principal method of treat- ment. Owners or operators of surface impoundments seek- ing an exemption for treatment of restricted wastes must certify to the EPA Regional Administrator that the impound- ment meets the minimum technological requirements, and must submit a copy of the facility's revised waste analysis plan that outlines methods for representative sampling and proper testing, frequency of removal, and methods for re- moval of restricted residuals. 12 ------- 2. SOLVENT-DIOXIN RULE In the November 7,1986 final rule, EPA established the framework for implementing the land disposal restrictions program. Many of the provisions in the general framework were discussed in the previous section of this pamphlet. A discussion of the particular wastes included in the Solvent- Dioxin rule follows. TREATMENT STANDARDS (§268.40) The regulation promulgated on November 7, 1986, requires that spent solvent wastes with EPA Hazardous Waste Nos. F001-F005, and dioxin wastes with Nos. F020-F023 and F026-F028 be treated prior to land disposal. Only solvents used to solubilize (dissolve) or mobilize other constituents are covered by the F001-F005 listing. A solvent is considered "spent" when it is discarded because it is no longer fit for use without being regenerated, reclaimed, or otherwise reprocessed. Examples of spent solvents include degreasers, cleaners, fabric scourers, diluents, extractants, and reaction and synthesis media. SOLVENT TREATMENT STANDARDS (§268.41) Different treatment standards are established for two separate groups of solvent wastes. The groups of solvent wastes are: • Wastewaters (defined as solvent-water mixtures containing less than or equal to 1 percent total organic carbon (TOC) by weight.) 13 ------- • All other spent solvent waste, including wastewaters containing greater than 1 percent TOC, solvent-containing solids and solvent-contaminated soils. Table 1 presents the solvent treatment standards that are set as concentration levels. These standards are based on the demonstrated performance of treatment technologies such as steam stripping, biological treatment, activated car- bon treatment, and incineration. EPA is not requiring that specific technologies be used to meet the treatment standards, only that the wastes meet the concentration standards prior to land disposal, providing that impermissible dilution is not used to meet the treatment standard. 14 ------- TABLE 1: SOLVENT TREATMENT STANDARDS" CONSTITUENTS OF EXTRACT CONCENTRATIONS1* F001-F005 (mg/1) SPENT SOLVENT WASTES WASTEWATER OTHER0 Acetone n-Butyl alcohol Carbon disulfide Carbon tetrachloride Chlorobenzene Cresols (cresylic acid) Cyclohexanone 1 ,2-Dichlorobenzene Ethyl acetate Ethylbenzene Ethyl ether Isobutanol Methanol Methylene chloride Methyl ethyl ketone Methyl isobutyl ketone Nitrobenzene Pyridine Tetrachloroethylene Toluene 1,1,1 -Trichloroe thane 1,1 ,2-Trichloro-l ,2,2-trifluoroethane Trichloroethylene Trichlorofluoromethane Xylene 0.05 5.00 1.05 0.05 0.15 2.82 0.125 0.65 0.05 0.05 0.05 5.00 0.25 0.20 0.05 0.05 0.66 1.12 0.079 1.12 1.05 1.05 0.062 0.05 0.05 0.59 5.00 4.81 0.96 0.05 0.75 0.75 0.125 0.75 0.053 0.75 5.00 0.75 0.96 0.75 0.33 0.125 0.33 0.05 0.33 0.41 0.96 0.091 0.96 0.15 a For determining the applicable treatment standard, F-solvent wastewaters are defined as solvent-water mixtures containing less than or equal to 1 percent total organic carbon. An extract of the waste is obtained by employing the Toxicity Characteristic Leaching Procedure (TCLP). The TCLP is an analytical method used to determine whether the concentrations of hazardous constituents in the waste extract or an extract of the treatment,residual meet the treatment standards. c Wastewaters that contain >1% TOC, solvent-containing solids, solvent- containing sludges, and solvent-contaminated soils. d The treatment standard for methylene chloride in wastewaters generated from pharmaceutical plants is .44mg/l. 15 ------- DIOXIN TREATMENT STANDARDS (§268.41) The dioxin standards are based on incineration that achieves a 99.9999 percent destruction and removal effi- ciency. Table 2 shows the treatment standards expressed as concentrations in the treatment residual extract. TABLE 2: DIOXIN TREATMENT STANDARDS F020-F023 AND F026-F028 EXTRACTa DIOXIN-CONTAINING WASTES CONCENTRATIONS HxCDD - All Hexachlorodibenzo-p-dioxin HxCDF - All Hexachlorodibenzofurans PeCDD - All Pentachlorodibenzo-p-dioxins PeCDF - All Pentachlorodibenzofurans TCDD - All Tetrachlorodibenzo-p-dioxins TCDF - All Tetrachlorodibenzofurans 2,4,5-Trichlorophenol 2,4 ,6-Trichlorophenol 2,3 ,4,6-Tetrachlorophenol Pentachlorophenol < 1 ppb < 1 ppb < 1 ppb < 1 ppb < 1 ppb < 1 ppb < 0.05 ppm < 0.05 ppm < 0.10 ppm < 0.01 ppm a As with the solvent wastes, the TCLP method is used to derive a waste extract which is analyzed to determine if treatment standards have been met. The effective dates for the solvent-dioxin rule, in- cluding variances for specific categories of wastes, are provided in Table 3. (See Section 1 for a discussion of variances.) 16 ------- TABLE 3: EFFECTIVE DATES FOR SOLVENT-DIOXIN RULE WASTE EFFECTIVE DATE(S) F001-F005 Solvent Wastes F001 - F005 11/08/86 F001 - F005 from Small Quantity Generators 11/08/88 (100-1000 kg/mo) F001 - F005 generated via RCRA corrective actions or CERCLA response actions <1% total F001 - F005 solvent constituents F001 - F005 soil and debris resulting from RCRA corrective actions or CERCLA response actions Dioxin-Containing Wastes Dioxin wastes F020 - F023, F026 - F028 F020 - F023, F026 - F028 soil and debris resulting from RCRA corrective actions or CERCLA response actions 11/08/88 11/08/88 11/08/90* 11/08/88 11/08/90" a Between 11/08/88-11/08/90, if disposed in landfill or surface impoundment, the unit must meet minimum technology requirements. (§268.5 (h)(2)) 17 ------- 3. CALIFORNIA LIST RULE On July 8, 1987, the EPA promulgated the second phase of the LDR program which restricts the land disposal of the California List wastes. The California List consists of liquid hazardous wastes containing certain metals, free cyanides, polychlorinated biphenyls (PCB), corrosives with a pH of less than or equal to 2.0, and liquid and non-liquid hazardous wastes containing halogenated organic compounds (HOCs) as described below: * (A) Liquid hazardous wastes, including free liquids associated with any solid or sludge, containing free cyanides at concentrations greater than or equal to 1,000 mg/1. * (B) Liquid hazardous wastes, including free liquids associated with any solid or sludge, containing any of the following metals (or elements) or compounds of these metals (or elements) at concentrations greater than or equal to those specified below: Arsenic (as As) 500 mg/1 Cadmium (as Cd) 100 mg/1 Chromium (as Cr VI) 500 mg/1 Lead (as Pb) 500 mg/1 Mercury (as Hg) 20 mg/1 Nickel (as Ni) 134 mg/1 Selenium (as Se) 100 mg/1 Thallium (as Tl) 130 mg/1 19 ------- * (C) Liquid hazardous wastes having a pH less than or equal to 2.0. (D) Liquid hazardous wastes containing PCBs at concentrations greater than or equal to 50 ppm. (E) Hazardous wastes containing HOCs in total concentration greater than or equal to 1,000 mg/1. * Although these liquid wastes can be treated using solidi- fication techniques such that they are no longer liquid and, therefore, no longer meet the statutory definitions of California List wastes, it is not EPA's intent that simple absorption be used instead of permanent treatment. Where physical or chemical changes do not occur, or where hazardous constitutents are not otherwise immobilized, "solidification" techniques may possibly be considered "dilution as a substitute for adequate treatment," aprohibitedactivity in theLDRprogram. Solidifcation can not be substituted for treatment of wastes with specified treatment standards or technologies (e.g. (D) and (E) above), unless solidification achieves the treatment standard or is the specified technology. The rule requires that the Paint Filter Liquids Test be used to determine whether a waste is considered to be a liquid or nonliquid. This procedure is method 9095 in EPA Publication No. SW-846, "Test Methods for Evaluating Solid Waste." Collectively, these hazardous wastes are referred to as the California List because the State of California de- veloped regulations to restrict the land disposal of hazardous wastes containing these constituents and Congress adopted these prohibitions in the 1984 Amendments to RCRA. 20 ------- Cyanides and Metals Liquid cyanide waste and liquid metals wastes containing constituent levels listed above may not be land disposed after July 8, 1987. EPA did not set a specific treatment method or treatment standard. Any treatment method, except impermissible dilution, may be used to treat these wastes to achieve these levels prior to land disposal. Halogenated Organic Compounds Under the July 8,1987 California List rule, the HOCs subject to the LDR are in Appendix JJI of Part 268. The final rule specifies that hazardous wastes containing HOCs in total concentrations greater than or equal to 1,000 mg/1, must be incinerated or burned in boilers or industrial furnaces in accordance with existing RCRA regulations. If, however, the HOC waste is also subject to the F-solvent restrictions, the F-solvent treatment standard applies. Corrosives On July 8, 1987, liquid wastes having a pH of 2.0 or less were prohibited from land disposal. EPA did not set a specific treatment method or treatment standard. Any treatment method (except dilution) may be used to achieve a pH greater than 2.0 prior to land disposal. Polychlorinated Biphenyls As of July 8, 1987, liquid hazardous wastes con- taining PCBs in concentrations exceeding 50 ppm must be incinerated or burned in high efficiencey boilers in accor- dance with the technical standards of 40 CFR 761.70. 21 ------- Additionally, restricted wastes with PCBs may only be stored for up to one year provided such storage complies with §268.50. Table 4 lists the effective dates for California wastes, including those with variances. (See Section 1 for a discussion of variances.) TABLE 4: EFFECTIVE DATES FOR CALIFORNIA WASTES Liquid hazardous wastes containing > 1000 mg/1 free cyanides 07/08/87 Liquid hazardous wastes having a pH < 2.0 07/08/87 Liquid hazardous wastes containing >50 ppm PCBs 07/08/87 Liquid hazardous wastes, primarily water, containing >1,000 mg/1 HOCs <10,000 mg/1 HOCs 07/08/87 California waste contaminated soil and debris resulting from RCRA corrective actions or CERCLA response actions 11/08/90" Liquid hazardous wastes, not primarily water, >1,000 mg/1 HOCs 11/08/88 Nonliquid (non-RCRA/CERCLA) hazardous wastes >1,000 mg/kg HOCs 11/08/88 a Between 11/08/88 -11/08/90, if disposed in a landfill or surface impoundment, unit must meet minimum technology requirements (§268.5(h)(2)). 22 ------- 4. FIRST THIRD RULE EPA published the First Third rule in the land disposal restrictions program in the August 17,1988 Federal Register; its effective date, however, was August 8,1988. It is known as the "First Third" rule because it contains provisions for one-third of the listed RCRA wastes, excluding those wastes already covered by the previous two rules. The Second Third and Third Third rules will be published according to a schedule set out in the statute. The three groupings published in the May 28,1986 Federal Register, were based on toxicity and volume considerations, with the "worst" wastes to be restricted first. The Second Third wastes are to be evaluated by June 8, 1989; the Third Third wastes by May 8, 1990. EPA will evaluate waste water treatment residues and leachates from soft-hammer wastes (discussed below) in the Third Third Rule. The lengthy list of First Third wastes for which standards were set is provided in §268.41 and §268.43. The list includes: • Some of the "F"-coded wastes—wastes from non-specific sources, such as bath solutions from electroplating operations • Some of the "K"-coded wastes—wastes from industry-specific sources, such as acetonitrile production wastes Some of the "P" and "U"-coded wastes- discarded commercial chemical products, such as formaldehyde. (The "P" wastes have been determined to be acutely hazardous.) 23 ------- SOFT-HAMMER RESTRICTIONS The First Third rule provisions are similar to the other two rules with regard to exemptions, variances, and exten- sions. A new set of management standards were, however, established for First Third wastes for which specific treatment standards were not set. A list of these wastes is provided in Appendix 1 of this pamphlet. Certain automatic statutory restrictions came into effect for these wastes, but these restrictions are considered "soft-hammer" provisions because they do not prohibit land disposal altogether. Rather, land disposal is allowed, although disposal in surface impound- ments and landfills is subject to several conditions, per §268.8(a). These soft-hammer provisions remain effective only until treatment standards are set or May 8, 1990, whichever comes first. Generators who intend to use a landfill or surface impoundment for disposal of soft hammer wastes must certify that no other practical alternatives are available. Generators must submit a written demonstration and certification to the EPA Regional Administrator and receiving facility. The demonstration must list the alternative facilities contacted, their addresses and telephone numbers, and contact dates, and provide a brief discussion of efforts to find treatment alternatives, per §268.8. Also, a notification must be sub- mitted to the receiving facility, per §268.7(a)(4), provid- ing the hazardous waste number, the soft-hammer prohi- bitions, the manifest number, and any waste analysis data. No certification is required for "soft hammer" wastes that are going to be placed in land disposal units other than surface impoundments and landfills. 24 ------- Any landfill or surface impoundment used for disposal of soft hammer wastes must be in compliance with ground- water monitoring and minimum technology requirements (MTR) (double liners andleachate collection systems), unless a waiver from the MTR has been obtained. Generators and owner/operators of treatment, storage, or disposal facilities (TSDF) must keep copies of notifica- tions, certifications, and demonstrations (if applicable), per §268.8 (c). In addition, the owner/operator of a treatment or recovery facility must certify that the soft-hammer wastes were treated in accordance with the generator's demonstra- tion. (A summary of notification, certification, and dem- onstrated requirements is provided in Appendices 2 and 3). TESTING REQUIREMENTS The testing requirements for First Third wastes are based on the goals of the technology that was used in setting the treatment standards. If, for example, stabilization was used as the treatment technology, then the TCLP (extract method) must be used to show that the treatment standard was obtained. If incineration, a thermal destruction tech- nology, was used, however, a total waste analysis of the treatment residue is required. In cases where waste mixtures are subject to more than one treatment standard because of the specific con- stituents in the mixture, the treatment standards for all of the constituents will apply. In fact, it may be necessary to test a waste using more than one method to certify that all applicable treatment standards have been met. 25 ------- If a soft-hammer waste is mixed with another First Third waste for which treatment standards have been set, the mixture is subject to the treatment standards. Residues from the treatment remain subject, however, to the soft-hammer disposal provisions. Table 5 provides effective dates for First Third wastes, including those with variances. (See Section 1 fora discussion of variances.) 26 ------- TABLE 5: EFFECTIVE DATES FOR FIRST THIRD WASTES F006 (nonwastewater) OS/08/88 K001 08/08/88 K004 (nonwastewaler) 08/08/88 K008 (nonwastewater) 08/08/88 K015 08/08/88 K016 08/08/88 K018 08/08/88 K019 08/08/88 K020 08/08/88 K021 (nonwastewaler) 08/08/88 K022 (nonwastewater) 08/08/88 K024 08/08/88 K025 08/08/88 K030 08/08/88 K036 (nonwastewater) 08/08/88 K037 08/08/88 Nonexplosive K046 (nonwastewater) 08/08/88 K047 08/08/88 K060 (nonwastewater) 08/08/88 K061 (nonwastewater less than 15% Zn) 08/08/88 K062 08/08/88 Non-CaSo4 K069 (nonwastewater) 08/08/88 K083 (nonwastewater) 08/08/88 K086 (solvent washes) 08/08/88 K087 08/08/88 K099 08/08/88 K100 08/08/88 K101 08/08/88 K102 08/08/88 K103 08/08/88 K104 08/08/88 K061 (nonwastewater containing greater than 15% Zn) 08/08/88 - 08/08/90" K048 - K052 08/08/90° K071 08/08/90 Soil and debris contaminated with First Third wastes that have treatment standards based on incineration 08/08/90 All other First Third wastes not explicitly listed above are 05/08/90 or as "Soft Hammered" unless otherwise covered by California treatment standards List Program are established, whichever is earlier a After 08/08/90, subject to a different standard based on High Temperature Metals Recovery - No Land Disposal b Between 11/08/88 - 08/08/90, if disposed in a landfill or surface impoundment, unit must meet minimum technology requirements (§268.5(h)(2)). 27 ------- For additional information on the Land Disposal Restrictions program, contact the RCRA/ Superfund Hotline at (800) 424-9346 (toll free) or (202) 382-3000, or the EPA Regional contacts listed below: EPA Regional Land Ban Contacts EPA Region 1 RCRA Compliance Section (617) 833-1778 Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont EPA Region 2 RCRA Compliance Section (212) 264-1785 New Jersey, New York, Puerto Rico, Virgin Islands EPA Region 3 RCRA Compliance Section (215) 597-3039 Delaware, Maryland, Pennsylvania, Virginia, West Virginia, District of Columbia EPA Region 4 RCRA Compliance Section (404) 257-7603 Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee EPA Region 5 RCRA Compliance Section (312) 886-4463 Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin EPA Region 6 RCRA Compliance Section (214) 655-6775 Arkansas, Louisiana, New Mexico, Oklahoma, Texas EPA Region 7 RCRA Compliance Section (913) 757-2891 Iowa, Kansas, Missouri, Nebraska EPA Region 8 RCRA Compliance Section (303) 564-1669 Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming EPA Region 9 RCRA Compliance Section (415) 454-8124 Arizona, California, Hawaii, Nevada, American Samoa, Guam, Trust Territories of the Pacific EPA Region 10 RCRA Compliance Section (206) 399-1254 Alaska, Idaho, Oregon, Washington 28 ------- APPENDIX 1 SOFT HAMMER WASTES IN FIRST THIRD §261.31 Wastes F007--Spent cyanide plating bath solutions from electroplating operations. F008--Plating bath sludges from the bottom of plating baths from electroplating operations where cyanides are used in the process. F009—Spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process. F019--Wastewater treatment sludges from the chemical conversion coating of aluminum. §261.32 Wastes K004--Wastewater treatment sludge from the production of zinc yellow pigments. K008--Oven residue from the production of chrome oxide green pigments. KOI 1--Bottom stream from the wastewater stripper in the production of acrylonitrile. KOI3—Bottom stream from the acetonitrile column in the production of acrylonitrile. K014-Bottoms from the acetonitrile purification column in the production of acrylonitrile. K017--Heavy ends (still bottoms) from the purification column in the production of epichlorohydrin. K021 —Aqueous spent antimony catalyst waste from fluoromethanes production. K022--Distillation bottom tars from the production of phenol/acetone from cumene. K031-By-product salts generated in the production of trichloroethylene and perchloroethylene. K035—Wastewater treatment sludges generated in the production of creosote. K036~Still bottoms from toluene reclamation distillation in the production of disulfoton. K046~Wastewater treatment sludges from the manufacturing, formulation and loading of lead-base initiating compounds. K060~Ammonia still lime sludge from coking operations. K061--Emission control dust/sludge from the primary production of steel in electric furnaces. K069-Emission control dust/sludge from secondary lead smelting. K073"Chlorinatedhydrocarbon waste from thepurificationstep of the diaphragm cell process using graphite anodes. K083--Distillation bottoms from aniline production. K084--Wastewater treatment sludges generated during the production of veterinary Pharmaceuticals from arsenic or organo-arsenic compounds. 29 ------- K085—Distillation of fractionation column bottoms from the production of chlorobenzenes. K086--Solvent washes and sludges; caustic washes and sludges, or water washes and sludges from cleaning tubs and equipment used in the formulation of ink from pigments, driers, soaps, and stabilizers containing chromium and lead. K101~Distillation tar residues' from the distillation of aniline-based compounds in the production of veterinary Pharmaceuticals from arsenic or organo-arsenic compounds. Kl 02—Residue from the use of activated carbon for decolorization in the production of veterinary Pharmaceuticals from arsenic or organo-arsenic compounds. K106—Wastewater treatment sludge from the mercury cell process in chlorine production. §261.33(e) Wastes P001 —Warfarin, when present at concentration greater than 0.3% P004-Aldrin P005-Allyl alcohol P010—Arsenic acid POll-Arsenic (V) oxide P012-Arsenic (IE) oxide P015-Beryllium dust P016-Bis-(chloromethyl) ether P018-Brucine P020-Dinoseb P030—Soluble cyanide salts not elsewhere specified P036—Dichlorophenylarsine P037-Dieldrin P039-Disulfoton P041—Diethyl-p-nitrophenyl phosphate P048-2,4-Dinitrophenol P050-Endosulfan P058—Fluoracetic acid, sodium salt P059-Heptachlor P063—Hydrogen cyanide P068-Methyl Hydrazine P069-2-Methyllactonitrile P070-Aldicarb P071-Methyl parathion P081-Nitroglycerine P082-N-Nitrosodimethylamine P084--N-Nitrosomethylvinylamine P087—Osmium tetraoxide 30 ------- P089--Parathion P092--Phenylmercuric acetate P094-Phorate P097-Famphur P102--Propargyl alcohol P105-Sodium azide P108—Strychnine and salts PllO-Tetraethyl lead P115--Thallium (I) sulfate PI 20—Vanadium pentoxide P122—Zinc phosphide, when present at concentrations greater than 10% P123--Toxaphene §261.33(f) Wastes U007-Acrylamide U009-Acrylonitrile U010--Mitomycin C U012-Aniline U016~Benz(c)acridine UO18 ~Benz(a)anthracene U019--Benzene U022--Benzo(a)pyrene U029--Methyl bromide U031--n-Butanol U036-Chlordane, technical U037--Chlorobenzene U041 -n-Chloro-2,3-epoxypropane U043--Vinyl chloride U044-Chloroform U046--Chloromethyl methyl ether U050--Chrysene U051-Creosote U053-Crotonaldehyde U061-DDT U063—Dibenzo (a, h) anthracene U064-l,2:7,8 Dibenzopyrene U066~Dibromo-3-chloropropane 1,2- U067—Ethylene dibromide U074-1,4-Dichloro-2-butene U077-Ethane, 1,2-dichloro- U078-Dichloroethylene, 1,1- U086-N.N Diethylhydrazine U089-Diethylstilbestrol U103~Dimethyl sulfate 31 ------- U105~2,4-Dinitrotoluene U108~Dioxane, 1,4- U115--Ethylene oxide U122--Formaldehyde U124--Furan U129--Lindane Ul30-Hexachlorocyclopentadiene U133--Hydrazine U134--Hydrofluoric acid U137--Indeno(l ,2,3-cd)pyrene U151--Mercury U154--Methanol U155--Methapyrilene U157--3-Methylcholanthrene U158--4,4-Methylene-bis-(2-chloroaniline) Ul59--Methyl ethyl ketone U171—Nitropropane, 2- U177--N-Nitroso-N-methylurea U180--N-Nitrosopyrrolidine Ul85--Pentachloronitrobenzene U188--Phenol U192--Pronamide U200-Reserpine U209--Tetrachloroethane, 1,1,2,2- U210-Tetrachloroethylene U211-Carbon tetrachloride U219-Thiourea U220--Toluene U221 -Toluenediamine U223—Toluene diisocyanate U226-Methylchloroform U227-Trichloroethane, 1,1,2- U228--Trichloroethylene U237--Uracil mustard U238--Ethyl carbamate U248—Warfarin, when present at concentrations of 0.3% or less U249--Zinc phosphide, when present at concentrations of 10% or less 32 ------- Scenario Appendix 2 Notification and Certification Requirements Notification • Generator manages a re- stricted waste that does not meet the treatment standards/ prohibition levels; sends it off-site for storage or treat- ment (§268.7(a)(l)) • Generator manages a re- stricted waste, determines waste can be land disposed without further treatment (§268.7(a)(2)) • Generator's waste is sub- ject to a case-by-case exten- sion under §268.5, exemp- tion under §268.6, or a na- tionwide variance under Subpart C (§268.7(a)(3)) • Generator subject to §268.33(f) waste-specific prohibitions (soft hammer) and not subject to §268.32 (§268.7(a)(4)) Notifies Whom? Treatment or storage facil- ity Treatment, storage, or disposal fa- cility How Often? With each shipment With each shipment Facility With each receiving shipment waste TSDF With each shipment Notification Must Include - EPA HW number - Corresponding treatment standard or prohibition level - Manifest number - Waste analysis data, where available - EPA HW number - Corresponding treatment standard or prohibition level - Manifest number - Waste analysis data, where available - EPA HW number - Corresponding treatment standard and all applicable prohibitions - Manifest number - Waste analysis data, where available - The date the waste is subject to the prohibitions - Statement that waste is not prohibited from land disposal - EPA HW number - Applicable prohibitions set forth in 268.33(f) - Manifest number - Waste analysis data, where available Certifies to Whom? Certification How Often? Certification Must Include TSDF With each shipment Statement that waste meets appli- cable treatment standards/prohibi- tion levels. See "A". 33 ------- Scenario Appendix 2 (Continued) Notification and Certification Requirements Notification Certification How Certification Notifies Whom? How Often? Notification Must Include Certifies to Whom • TSDs sending restricted waste off-site, for additional treatment or storage (§268.7(b)(6)) Must meet same notice and certification requirements applicable to generators Often? Must Include • Treatment facilities send- ing restricted wastes off-site to land disposal facilities (LDFs)(§268.7(b)(4)) LDFs With each shipment - EPA HW number - Corresponding Treatment Standard - Manifest number - Waste analysis data, where available LDFs With each shipment For wastes with treatment stan- dards expressed as concentrations, see "B" For wastes with treatment stan- dards expressed as technologies, see "C" 34 ------- Appendix 3 Additional Certification and Demonstration Requirements for Soft-Hammer Wastes (see preceding pages for notification requirements for soft-hammer wastes) Soft Hammer Scenarios TO Whom? How Often? Certifications Certification Must For Include: Whom? Demonstrations How Demonstration Must Often? Include: • Generator determines there is no practically available treatment §268.8(a)(2)(i), §268.8(a)(3) Generator's Prior to disposal See"D" Generator's Prior to - Statement that no treat- Regional Ad- Regional disposal merit is available ministrator Administra- -Discussion of why unable and With each ship- See "D" tor With the to obtain treatment/recov- receiving ment Receiving initial eryofwaste facility Facility shipment -List of facilities and facil- only ity official contacted, ad- dresses, telephone numbers, and contact dates • If generator determines there is a practically available treatment §268.8(a)(2)(ii), §268.8(a)(4) Generator's Regional Ad- ministrator and receiving facility • Owner/operator of Facility re- treatment storage or re- ceivingtreat- covery facility treats the ment residue wastes Prior to disposal With each ship- ment See "E" See "F" 35 Generator's Prior to - Statement that the practi- Regional treatment cally available technology Administra- thatyieldsthegreatestbene- tor Upon first fit was selected Receiving shipment - List of facilities and facil- Facility ity official contacted, ad- dresses, telephone numbers, and contact dates ------- Applicable Certification Statements A. I certify under penalty of law that I personally have examined and am familiar with the waste through analysis and testing or through knowledge of the waste to support this certification that the waste complies with the treatment standards specified in 40 CFR Part 268 Subpart D. I believe that the information I submitted is true, accurate and complete. I am aware that there are significant penalties for submitting a false certification, including the possibility of a fine and imprisonment. (§268.7 (a)(ii)) B. I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification and that, based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the treatment process has been operated and maintained properly so as to achieve the performance levels specified in 40 CFR Part 268 Subpart D without dilution of the prohibited waste. I am aware that there are significant penalties for submitting a false certification, including the posssibility of fine and imprison- ment. (§268.7 (b)(2)(i)) C. I certify under penalty of law that the waste has been treated in accordance with the requirements of 40 CFR 268.42.1 am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment. (§268.7 (b)(2)(ii)). D. I certify under penalty of law that the requirements of 40 CFR 268.3 (a)( 1) have been met and that disposal in a landfill or surface impoundment is the only practical alternative to treatment currently available. I believe that the information submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. (§268.7(a)(2)(i)) E. I certify under penalty of law that the requirements of 40 CFR 268.3(a)(l) have been met and that I have contracted to treat my waste (or will otherwise provide treatment) by the practically available technology which yields the greatestenvironmental benefit, as indicated in my demonstration. I believe that the information submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. (§268.7(a)(2)(ii)) F. I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification and that, based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the treatment process has been operated and maintained properly so as to comply with treatment as specified in the generator's demonstra- tion. I am aware that there are significantpenalties for submitting false information, including the possibility of fine and imprisonment. (§268.7(c)(2)) ------- |