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))
------- |