United States Solid Waste and PB96-780 200
Environmental Protection Emergency Response EPA530-R-95-052
Agency (5305W) November 1995
RCRA/UST, Superfund, & EPCRA
Hotline Training Module
Introduction to:
Land Disposal Restrictions
(40 CFR Parts 268)
Updated as of July 1995
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DISCLAIMER
This document was developed by Booz-Allen & Hamilton Inc. under contract 68-WO-0039 to EPA. It is intended
to be used as a training tool for Hotline specialists and does not represent a statement of EPA policy.
The information in this document is not by any means a complete representation of EPA's regulations or policies.
This document is used only in the capacity of the Hotline training and is not used as a reference tool on Hotline
calls. The Hotline revises and updates this document as regulatory program areas change.
The information in this document may not necessarily reflect the current position of the Agency. This document
is not intended and cannot be relied upon to create any rights, substantive or procedural, enforceable by any
party in litigation with the United States.
RCRA/UST, Superfund & EPCRA Phone Numbers:
National toll-free (outside of DC area) (800) 424-9346
Local number (within DC area) (703) 412-9810
National toll-free for the hearing impaired (TDD) (800) 553-7672
The Hotline is open from 9 am to 6 pm Eastern Standard Time,
Monday through Friday, except for federal holidays.
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LAND DISPOSAL RESTRICTIONS
CONTENTS
1. Introduction 1
2. Regulatory Summary 3
2.1 LDR and EPA's Groundwater Protection Strategy 3
2.2 Applicability 4
2.3 Treatment Standards 5
2.4 Variances, Extensions, and Exemptions 8
2.5 Alternative Treatment Standards . 11
2.6 Prohibitions 12
2.7 Tracking and Recordkeeping Requirements 13
2.8 Characteristic Hazardous Wastes 15
2.9 History of LDR 16
3. Regulatory Developments 19
4. Special Issues 21
4.1 Point of Generation 21
4.2 Soil Contaminated with a Restricted Hazardous Waste 21
4.3 Dioxin-Containing Waste 22
4.4 TC v. EP 22
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Land Disposal Restrictions -1
1. INTRODUCTION
The primary goal of the RCRA Subtitle C program is to protect human health and
the environment from the dangers associated with generation, transportation,
treatment, storage, and disposal of hazardous waste. Disposal of hazardous waste on
the land is a practice of particular concern to the RCRA program. Land disposal
units, such as landfills and surface impoundments, must comply with stringent
requirements for liners, leak detection systems, and groundwater monitoring. The
land disposal restrictions (LDR) provide a second measure of protection from threats
posed by hazardous waste disposal. LDR provides that a hazardous waste cannot be
land disposed until the waste is treated (or meets specific treatment standards) to
reduce the mobility or toxicity of the hazardous constituents in the waste. This
training module presents an overview of the land disposal restrictions program.
When you have completed this module, you will be able to describe the LDR
requirements. Specifically, you will be able to:
• Define the basic terms and describe the structure of the LDR regulations
• Identify the statutory basis for LDR
• Describe the applicability of LDR
• Explain how EPA sets treatment standards
• Identify treatment standards for wastes subject to land disposal restrictions
and cite the CFR section
• Describe and identify how extensions and variances from treatment
requirements are obtained, including FR citations
• Define generator and treatment, storage, and disposal facility (TSDF)
requirements under the LDR program
• Summarize the schedule of existing restrictions and the plan for
restricting newly identified wastes.
Use this list of objectives to check your knowledge of this topic after you complete
the training session.
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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2 - Land Disposal Restrictions
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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Land Disposal Restrictions - 3
2. REGULATORY SUMMARY
The LDR program found at 40 CFR Part 268 requires that a hazardous waste must be
treated (or meet specified levels for hazardous constituents) before land disposal is
allowed. Each waste code has one or more specific treatment standards listed in Part
268, Subpart D. Treatment standards are expressed either as required technologies
that must be applied to the waste or contaminant concentration levels that must be
met. Treatment standards are based on the performance of the best demonstrated
available technology (BOAT) that is able to substantially diminish the toxicity of a
waste or to reduce the mobility of the hazardous constituents in a hazardous waste.
Wastes that do not meet treatment standards cannot be land disposed unless EPA
has granted a variance, extension, or exclusion (or the waste is managed in a "no-
migration unit"). In addition to the disposal prohibition, there are prohibitions and
limits in the LDR program regarding the dilution and storage of wastes. The
program also includes tracking and recordkeeping requirements.
2.1 LDR AND EPA'S GROUNDWATER PROTECTION STRATEGY
A large part of the hazardous waste management regulatory program, including the
LDR program, is designed to protect groundwater. Hazardous waste can pollute
groundwater through the process known as leaching, in which precipitation
percolating through the ground draws contaminants out of buried waste and carries
them into groundwater. Placing barriers between wastes and underground water
sources is one way to prevent migration of hazardous contaminants into
groundwater. Thus, many RCRA regulations focus on requiring hazardous waste
containment. For example, RCRA regulations require installation of impermeable
liners beneath hazardous waste landfills. Such barriers separate vulnerable
groundwater from hazardous constituents likely to leach from the buried wastes.
The land disposal restrictions are based on a different groundwater protection
principle. Instead of requiring barriers between groundwater and hazardous wastes,
LDR requires that hazardous wastes undergo fundamental physical or chemical
changes so that they pose less of a threat to groundwater. For example, many of the
chemicals capable of contaminating groundwater are organic compounds.
Incineration or burning can destroy these organic compounds, usually breaking
them down into less dangerous by-products like carbon dioxide and water. Thus,
incineration of organic-bearing hazardous wastes can protect groundwater by
destroying organic contaminants before they have a chance to enter underground
water supplies. The obvious advantage of such hazardous waste treatment is that it
provides a more permanent and lasting form of groundwater protection than does
simple hazardous waste containment. Structural barriers separating hazardous
contaminants from groundwater can eventually break down or leak. In contrast,
treatment that simply destroys harmful contaminants or reduces a waste's toxicity
before it enters the environment is a permanent groundwater protection solution.
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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4 - Land Disposal Restrictions
Not all types of contaminants found in hazardous wastes can be destroyed. In
particular, metal elements are common toxic contaminants that cannot be broken
down through combustion. Treatment techniques other than incineration,
however, can be used for such wastes. For example, through a process called
stabilization or immobilization, metal contaminants can be chemically and
physically bound into the wastes that contain them. Although this process does not
reduce the overall concentration of toxic metals in a hazardous waste, it does
immobilize these constituents, making them less likely to leach from the waste.
Reducing the mobility or teachability of hazardous constituents in a waste is thus
another means of permanently achieving LDR's groundwater protection goal.
Congress understood that hazardous waste could be made less dangerous to
groundwater in two main ways: by reducing a waste's toxicity through destruction
or removal of harmful contaminants, or by reducing a waste's leachability by
immobilizing hazardous contaminants. When directing EPA to establish the LDR
program in RCRA §3004(m), Congress specified that EPA should "promulgate
regulations specifying those levels or methods of treatment, if any, which
substantially diminish the toxicity of the waste or substantially reduce the likelihood
of migration of hazardous constituents from the waste."
As the above statutory excerpt indicates, Congress gave EPA very specific directions
for establishing the LDR program. In particular, Congress required that EPA specify
how hazardous wastes should be treated to satisfy LDR's goal of groundwater
protection. The rules EPA set up governing how different hazardous wastes must
be treated are known as treatment standards. Treatment standards are simply
instructions on how a hazardous waste should be treated. This module will explain
how to identify the treatment standard applicable to a hazardous waste and the
methodology EPA used to develop treatment standards.
2.2 APPLICABILITY
To be subject to the land disposal restrictions, a waste must first be a RCRA
hazardous waste. Unless a waste meets the definition of a solid and hazardous
waste, its disposal cannot be subject to the LDR program.
Once listed or identified, a hazardous waste becomes restricted, or subject to LDR,
when the Agency establishes treatment levels that the waste must meet before it can
be land disposed. RCRA §3004(g) requires that EPA restrict hazardous wastes from
land disposal within six months of promulgating a new listing or characteristic.
Until the Agency establishes a treatment level, newly listed or identified wastes are
not subject to LDR and they may continue to be land disposed. Once EPA
promulgates final treatment levels specifically restricting a waste, however,
handlers must manage it in accordance with all the requirements of Part 268 and the
waste cannot be land disposed until it meets the treatment level.
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline trainingpurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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EXCLUSIONS
While the LDR program generally applies to all persons who generate, transport,
treat, store, or dispose of a restricted hazardous waste, there are exclusions to the
applicability of Part 268. The following hazardous wastes are not subject to the
requirements of LDR (§268.1 (e)):
• Waste generated by conditionally exempt small quantity generators as
defined at §261.5
• Waste pesticide and container residues disposed by farmers on their own
land pursuant to §262.70
• Newly identified or listed hazardous wastes for which EPA has yet to
promulgate land disposal prohibitions or treatment standards
• Certain low volume releases, known as de minimis losses, or laboratory
chemicals that are mixed with a facility's wastewater and are discharged
under the regulation of the Clean Water Act (CWA).
Wastes meeting any of these descriptions may continue to be land disposed without
being subject to the LDR program. Other restricted hazardous wastes must be
managed in compliance with all requirements of Part 268 unless explicitly exempted
by another part of the RCRA program.
2.3 TREATMENT STANDARDS
Restriction on the land disposal of a hazardous waste requires that the waste be
adequately treated to fundamentally change the threat posed by the waste. Waste-
specific restrictions are manifested as thresholds for adequate treatment, known as
treatment standards. These treatment standards can be expressed as either numeric
concentration levels for hazardous constituents, or as a required technology. Once a
waste has been restricted and issued a treatment standard, a waste may be land
disposed only after it meets the appropriate treatment standard.
TECHNOLOGY-BASED TREATMENT STANDARDS
Section 3004(m) of the Hazardous and Solid Waste Amendments requires EPA to
promulgate treatment standards that reduce the toxicity or mobility of hazardous
constituents so that short- and long-term threats to human health and the
environment are minimized. To implement this mandate EPA chose to base
treatment standards on technical practicability instead of risk assessment. To this
end, EPA conducts extensive research into available treatment technologies. Of all
the proven, available technologies, the one that best minimizes the mobility and/or
toxicity of hazardous constituents is designated as the BDAT for that waste. The
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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6 - Land Disposal Restrictions
Agency then establishes a waste code-specific treatment standard based on the
performance of the BOAT. These treatment standards are expressed as either
concentration levels or required technologies.
When treatment standards are set as concentration levels, treatment is not limited
to the BOAT used to establish the treatment standard; instead the Agency uses
BOAT to determine what is the appropriate level of treatment for each hazardous
constituent commonly found in the waste. The regulated community may then use
any method or technology (except for impermissible dilution) to meet the treatment
standard. After treatment, waste analysis or application of knowledge must be used
to determine if the applicable concentration-based standards in §268.40 have been
met.
When a treatment standard is a required technology, that technology must be used,
unless it can be demonstrated that an alternative method can achieve a level of
performance equivalent to the required technology (discussed below in section 2.4).
Whenever possible, EPA prefers to use numeric treatment standards so as to
stimulate innovation and development of alternative treatment technologies.
Since the physical and chemical composition of a waste significantly impacts the
effectiveness of a given treatment technology, EPA divided the treatment standard
for each waste code into two categories: wastewaters and nonwastewaters. The
Agency defines these two categories based on the percentages of total organic carbon
(TOC) and total suspended solids (TSS) present in a waste (§268.2), since these factors
commonly impact the effectiveness of treatment methods.
CONSOLIDATED TABLE OF TREATMENT STANDARDS
While the treatment standards for hazardous wastes were previously presented in
multiple tables, a single consolidated table has replaced them. If a waste has been
restricted from land disposal, the treatment standard for both wastewaters and
nonwastewaters can be found in Part 268, Subpart D, §268.40. There are three types
of treatment standards:
• Constituent concentrations in mg/kg of the waste
• Constituent concentrations in an extract of the waste expressed in mg/1
• Treatment standards expressed as specified technologies and represented
by a five letter code (described in §268.42).
Numeric standards are commonly expressed in mg/kg when the BOAT is a
destruction or extraction technology such as incineration. Compliance with these
treatment standards is measured by analyzing a representative sample of the waste
for the total concentration of each hazardous constituent identified in the treatment
standard, and comparing it to the level given for the waste code.
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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Land Disposal Restrictions - 7
Treatment standards given in mg/1 are also concentration-based standards. In
wastewaters, compliance is demonstrated by comparing the concentration of
hazardous constituents found in a composite sample of the waste with the
regulatory level. For nonwastewaters, an extract that reflects the potential of
hazardous constituents to leach from the waste must first be prepared. The waste
meets the treatment standard if the concentration of regulated constituents in the
liquid extract are below the regulatory levels given for the waste code. In most cases
EPA requires the use of the Toxicity Characteristic Leaching Procedure (TCLP) to
obtain the waste extract, but the older and less sensitive Extraction Procedure (EP)
may be used when noted.
Section 268.40 also prescribes treatment standards expressed as specified
technologies. These wastes must be treated using the technology. Table 2 in §268.42
provides full descriptions that elaborate on the five letter codes used in §268.40.
Examples include incineration (INCIN), fuel substitution (FSUBS), and mercury
retorting (RMERC). In most cases, once treated by the required technology, wastes
can be land disposed without being tested. There are, however, some exceptions.
For example, all F024 wastes must be incinerated. Following incineration, the
remaining residues must then also meet the concentration levels specified in
§268.40.
UNIVERSAL TREATMENT STANDARDS
Use of BOAT to set treatment standards for hazardous wastes gave rise to an
unintended consequence: the numeric treatment standard applied to an individual
hazardous constituent, like benzene, could vary depending on the performance of
the BDAT on each listed or characteristic wastestream that was evaluated. For
example, nonwastewater forms of the listed wastes F005 and U019 both require
treatment for benzene; however, the treatment standard originally set for benzene
in the spent solvent is 3.7 mg/kg, while the standard originally set for unused,
discarded benzene is 36 mg/kg.
To simplify the LDR program and eliminate this lack of consistency between
standards, the Agency examined the range of numeric standards applied to each
hazardous constituent found in restricted hazardous wastes. Based on the range,
EPA assigned a single numeric value to each constituent for its respective
wastewater and nonwastewater forms. A consolidated list of each constituent and
its two treatment standards can be found in §268.48 and is known as the universal
treatment standards (UTS). The values assigned to hazardous constituents in the
UTS were then used to adjust numeric levels found in the treatment standards table
of §268.40. Applying these universal treatment standards has not changed the
hazardous constituents that must be treated in a particular waste, as only the
numeric standards were amended. As a result, a common constituent found in
multiple different wastes will nonetheless carry the same numeric treatment level.
The treatment standards found in §268.40 for F005 and U019 nonwastewaters,
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline trainingtmrposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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8 - Land Disposal Restrictions
therefore, continue to address benzene, but the level for each has been adjusted to 10
mg/kg.
Creation of the UTS significantly simplifies the process of assigning treatment
standards to wastes that are newly identified or listed in the future. When a new
waste contains hazardous constituents that have already been addressed in the UTS,
the Agency will be able to apply the existing BOAT based numeric standards for
those particular constituents. Constituents not already included in the UTS can be
evaluated individually and then added to §268.48.
2.4 VARIANCES, EXTENSIONS, AND EXEMPTIONS
If a restricted waste does not meet the appropriate treatment standard, it is ineligible
for land disposal. This subset of restricted wastes that cannot be land disposed
because they do not yet meet their treatment standards are termed "prohibited"
wastes. Although most prohibited wastes become eligible for land disposal through
treatment to §268.40 standards, that may not be possible in all cases. As a result, EPA
created procedures that allow otherwise prohibited wastes to be land disposed under
special circumstances. The following exemptions, variances, and extensions
established under Part 268 allow wastes for which treatment standards have been
promulgated to be land disposed without meeting treatment standards, or to be
treated to a less stringent level or by a different technology:
National Capacity Variance (§§268.30-268.37)
Case-by-Case Extension to an Effective Date (§268.5)
No-Migration Variance (§268.6)
Variance from a Treatment Standard (§268.44)
Equivalent Method Variance (§268.42(b))
Surface Impoundment Treatment Exemption (§268.4).
While wastes subject to any of these provisions continue to be restricted under LDR,
they are not prohibited from land disposal under these limited conditions.
NATIONAL CAPACITY VARIANCE
When developing a treatment standard, EPA reviews current and alternative
treatment, recovery, and disposal capacity to see if it is adequate for current and
future waste management needs. If there is inadequate capacity for certain waste
codes, EPA may grant a nationwide extension of the prohibition deadline for up to
two years (RCRA §3004(h)(2)). This extension is known as a national capacity
variance. To make capacity determinations, EPA compares the quantity of the
restricted waste generated with the nationally available treatment, recovery, or
protective disposal capacity at permitted and interim status facilities which will be in
operation by the effective date. If there is a significant shortage of capacity, EPA will
establish an alternative effective date based on the earliest date such capacity will be
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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Land Disposal Restrictions - 9
available. If a waste benefiting from a national capacity variance is disposed of in a
landfill or surface impoundment, however, the disposal unit must be in compliance
with the minimum technological requirements of RCRA §3004(o).
CASE-BY-CASE EXTENSION
A lack of adequate treatment capacity may at times occur not just on a national
level, but at times could be limited to regional or local conditions. So EPA may
extend the effective date of a treatment standard on a case-by-case basis when
petitioned to do so. Case-by-case extensions are granted for one year, and are
renewable for an additional year. Such individual extensions cannot exceed a total
of 24 months (RCRA §3004(h)(3)). EPA grants case-by-case extensions only when
generators or TSDF owners/opera tors make the appropriate demonstrations
enumerated in §268.5.
If hazardous wastes benefiting from a case-by-case extension to an effective date are
disposed in landfills or surface impoundments, these disposal units must also meet
the minimum technological requirements for liners and leak-detection and be in
compliance with ground water monitoring requirements.
Although case-by-case extensions usually apply to only the waste generated at the
individual facility that sought an extension, EPA has, at times, granted a number of
"generic" case-by-case extensions with broad applicability. The last of these "generic"
case-by-case extensions to an LDR effective date, a limited extension for the disposal
of hazardous debris, expired May 8,1994.
NO-MIGRATION VARIANCE
Hazardous wastes subject to LDR can be land disposed in a particular unit without
meeting treatment standards if a petitioner can demonstrate that there will be no
migration of hazardous constituents from the unit for as long as the waste remains
hazardous (§268.6). "No migration" is interpreted to mean that constituents will
not leave the unit boundary at concentrations above Agency-approved health-based
levels. A no-migration variance may be granted for up to 10 years, but it may not
extend beyond the term of the particular disposal unit's RCRA permit.
No-migration petitions must include a site description, waste characterization, and
monitoring plans for evaluation by the Agency. Long-term modeling estimates of
concentrations in the unsaturated zone and the air pathway must also be submitted
for review.
Virtually every no-migration petition granted has been for underground wells that
inject hazardous waste deep beneath the surface. A notable exception is the
conditional no-migration variance granted for the U.S. Department of Energy's
Waste Isolation Pilot Plant (WIPP) in New Mexico. This variance permits DOE to
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/USTT, Superfund, and EPCRA Hotline.
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10 - Land Disposal Restrictions
dispose of untreated mixed radioactive and hazardous wastes in an underground
salt dome for the duration of a test period.
VARIANCE FROM A TREATMENT STANDARD
Under certain circumstances, generators or TSDFs may petition the Agency for a
variance from using a required technology or from meeting a concentration-based
treatment standard. EPA established this variance from a treatment standard to
account for those wastes for which applicable treatment standards and BDAT
methods are inappropriate (§268.44). Petitioners must demonstrate that the waste is
significantly different from the wastes evaluated by EPA when developing the
codified treatment standard or that such standard or method is inappropriate for the
waste. A treatability variance may apply generically to all waste meeting a
description, or it may be narrower in scope, applying only to a specific waste
generated at a particular site (55 FR 22526; June 1,1990).
EQUIVALENT TREATMENT METHOD VARIANCE
A waste with a specified technology as a treatment standard in §268.42 must be
treated using that method of treatment prior to disposal. A person may, however,
submit an application to the Regional Administrator demonstrating that an
alternate treatment method can achieve a performance equivalent to that of the
specified treatment standard and can protect human health and the environment
(§268.42(b)). If the petition is approved, an equivalent method variance is granted
and the alternate method may be used in lieu of the specified technology.
SURFACE IMPOUNDMENT TREATMENT EXEMPTION
The management of liquid wastes in surface impoundments often serves as a
means of treatment. Typically, particulates suspended in liquid wastes settle to the
bottom of impoundments, forming sludges in which contaminants concentrate.
This precipitation process may result in the generation of sludges that are hazardous
wastes. Since management of wastes in surface impoundments is considered land
disposal, such generation and placement of hazardous sludges on the land without
prior treatment would normally be inconsistent with LDR's mandate. Section 268.4
allows this practice, however, by providing an exemption for wastes treated in
surface impoundments. Wastes may be treated and generated in surface
impoundments without first meeting treatment standards provided that (1) the
surface impoundment meets certain technological requirements, (2) the treatment
residues that do not meet applicable standards are removed from the impoundment
annually, and (3) the removed residues are not managed in another surface
impoundment.
The information in this document is not by any means a complete representation of fcFA s regulations or policies, but is
an introduction used for Hotline trainingpurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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Land Disposal Restrictions - 11
2.5 ALTERNATIVE TREATMENT STANDARDS
In addition to these waste code- or site-specific exception procedures, the Agency also
created a number of broad alternative treatment standards that facilities may choose
to utilize in lieu of meeting the waste code-specific treatment standards. These
alternative treatment standards are only available for certain forms of restricted
wastes.
LAB PACK WASTES
Laboratories commonly generate small volumes of many different listed and
characteristic wastes. Rather than manage all these disparate wastes individually,
laboratories commonly take advantage of regulatory provisions that allow them to
overpack many small containers of hazardous waste into a larger drum. These
containers are known as lab packs, and they have been given an alternative
treatment standard that allows generators to apply one treatment standard for the
entire lab pack rather than applying the treatment standard for each individual
waste code contained within the lab pack (§268.42(c)). The primary condition for
application of this alternative, however, is that the lab pack may not contain any of
the mercury-bearing waste codes identified in Part 268, Appendix IV.
DEBRIS
Section 268.45 contains alternate treatment standards for manufactured items and
environmental media that are contaminated with hazardous waste. These
alternative standards were developed because materials such as rocks, bricks, and
industrial equipment (known generically as debris) contaminated with hazardous
waste may not be amenable to the waste code-specific treatment standards in §268.40.
Section 268.45 allows an owner/operator to choose among several types of treatment
technologies, based on the type of debris and the waste with which it is
contaminated. The alternative treatment standards for debris can be divided into
three categories: extraction technologies, destruction technologies, and
immobilization technologies. When using an alternate debris treatment standard,
the waste handler must ensure that the treatment process meets the design and
operating requirements established in §268.45, and that he or she treats for each
contaminant, or hazardous constituent, subject to treatment (defined in §268.45(b)).
In order to be eligible for land disposal, the debris must meet the specified
performance standards in Table 1 of §268.45. For example, a contaminated boulder
which is sand-blasted to remove surface contamination must be treated to a "clean
debris surface" and at least 0.6 centimeter of the surface layer of the boulder must be
removed. Once hazardous debris has been treated according to the specification of
one of these technologies, it may be land disposed in a hazardous waste unit. If
hazardous debris no longer exhibits any characteristic following treatment with an
extraction (e.g., sandblasting) or destruction (e.g., incineration) technology, it is
eligible for land disposal and can be disposed as nonhazardous or simply returned to
the environment (§261.3(0).
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline trainingpurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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12 - Land Disposal Restrictions
2.6 PROHIBITIONS
In addition to prohibiting the land disposal of wastes that do not meet treatment
standards, the LDR rules include two other important prohibitions. One forbids the
storage of wastes as a substitute for meeting the required treatment standards. The
other prohibits the dilution of wastes as a substitute for legitimate treatment. Like
the prohibition on land disposal, these prohibitions no longer apply once a waste
meets its waste code-specific treatment standard.
STORAGE PROHIBITION
EPA promulgated the storage prohibition in order to prevent waste from being
stored as a way of avoiding treatment requirements (§268.50). This section forbids
the storage of waste subject to a treatment standard unless the waste is being stored
in order to accumulate such quantities as necessary to facilitate proper recycling,
treatment, or disposal. During the first year of storage, EPA bears the burden of
proving that the waste is being stored in order to avoid meeting treatment standards
rather than to facilitate legitimate recycling, treatment, or disposal. There is no strict
time limit on legitimate waste storage; however, after the first year of storage, the
burden of proof for showing that a waste is indeed being legally accumulated to
facilitate proper future management shifts from EPA to the waste handler.
Generators accumulating waste on-site in accordance with §262.34 and transporters
storing waste at a transfer facility for 10 days or less are exempt from the storage
prohibition. The storage prohibition also does not apply to wastes which qualify for
an exemption from a treatment standard such as a case-by-case extension under
§268.5, a no-migration petition under §268.6, or a national capacity variance, or to
wastes that were placed into storage prior to the effective date of a prohibition on
land disposal.
DILUTION PROHIBITION
Dilution of wastes as a substitute for appropriate treatment is generally prohibited
(§268.3). There are, however, certain cases where dilution is permissible. Dilution
as a necessary part of a legitimate waste treatment process is allowed. Dilution is
inherent in some types of legitimate waste handling, such as the aggregation of
similar wastes to facilitate subsequent treatment. As a general rule, if aggregated
wastes are all legitimately amenable to the same treatment, and this treatment is
used for the aggregated wastes, the aggregation step does not constitute
impermissible dilution. In addition, certain characteristic wastes which are
managed in Clean Water Act-regulated treatment systems can be diluted to meet
treatment standards (§268.3(b)). As well, certain characteristic wastes may currently
be diluted to render them nonhazardous before disposal in a deep injection well
regulated under the Safe Drinking Water Act (§268.19c)(3)). The table found at the
end of this section may be used to determine if a particular waste is subject to a
prohibition on dilution when handled in a particular manner.
The information in this document isnotby any means a complete representation of EP A's regulations or policies, but is
an introduction used for Hotline trainingpurposes. For complete and current information, please call the
RCRA/USr, Superfund, and EPCRA Hotline.
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Land Disposal Restrictions - 13
2.7 TRACKING AND RECORDKEEPING REQUIREMENTS
Generators and TSDFs managing wastes that are subject to LDR (restricted wastes)
have certain notification, certification, waste analysis, and recordkeeping
requirements under §268.7. Much like a hazardous waste manifest, the LDR
notification and certification paperwork helps hazardous waste handlers and EPA
enforcers ensure that wastes are properly managed. A notification accompanies
each shipment of waste that is subject to LDR and often includes such information
as the waste code(s), the hazardous constituents present in the waste, and waste
analysis data. If a waste can be land disposed without further treatment, a
certification to that effect also accompanies each shipment of waste. The
requirement that such paperwork be retained by hazardous waste handlers allows
EPA to track wastes that are subject to LDR and to ensure that those wastes receive
proper treatment prior to disposal. Section 268.7(a) contains the tracking
requirements for generators, §268.7(b) specifies the requirements for treatment
facilities, §268.7(c) contains the regulations applicable to disposal facilities, and
§268.7(d) contains special notification and certification requirements that apply to
hazardous debris.
GENERATORS
Generators must determine if their hazardous waste is subject to LDR at the point of
generation. They may make this determination by testing or applying knowledge. If
a waste is subject to LDR and does not meet applicable treatment standards,
generators must notify the treatment facility in writing (§268.7(a)(l)). This notice
accompanies the manifest and must include the following information:
• EPA hazardous waste code
• Identification of the waste as a wastewater or nonwastewater
• Manifest number associated with the waste shipment
• Waste analysis data (if available)
• For certain wastes, any additional hazardous constituents present
• Where hazardous debris is to be treated by an alternative technology of
§268.45, a statement to that effect and the contaminants subject to
treatment.
If a generator's waste already meets applicable treatment standards, the generator, in
accordance with §268.7(a)(2), must submit a certification stating that the waste meets
the required treatment standards. This certification accompanies a copy of the
notification statement described above.
According to §268.7(a)(3), if a generator's waste qualifies for an exemption from a
treatment standard, such as a national capacity variance, case-by-case extension, or
no-migration exemption, the generator must submit to the disposal facility a
notification similar to that given in §268.7(a)(l), except that it must also identify the
date that the waste will become subject to LDR prohibitions.
The information inthisdocunientisnotb^any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline trainingpurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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14 - Land Disposal Restrictions
Under §262.34, generators may treat hazardous waste in accumulation tanks,
containers, or containment buildings provided the units are in compliance with
certain standards applicable to TSDFs. EPA believes that generators should have the
same recordkeeping and documentation responsibilities that apply to TSDFs when
treating wastes to meet LDR treatment standards. Therefore, §268.7(a)(4) requires
generators to prepare a waste analysis plan (WAP) when treating wastes to meet
LDR. The WAP must justify the frequency of testing based on a detailed analysis of
a representative sample of the waste. The plan must contain all information
necessary for proper treatment of the waste in accordance with Part 268, and must be
retained in the facility's records (55 FR 22670; June 1,1990). Generators who are
conducting partial treatment, but not treating to meet treatment standards, or that
are treating wastes in units not subject to §262.34 are not required to have a WAP.
TREATMENT FACILITIES
The tracking and recordkeeping requirements that apply to treatment facilities are
found at §268.7(b). Hazardous waste treaters are required to test treated waste to
ensure that all applicable treatment standards are met. These tests must be
performed as specified in the facility's WAP (all TSDFs must have WAPs under
§§264/265.13). If a facility ships treated waste off-site for disposal, a notification
similar to the generator's notice must accompany the waste to the disposal facility.
The treater's notice must include relevant waste codes, additional hazardous
constituents present, manifest information, and waste analysis data (§268.7(b)(4)).
The treater must also include a certification that the shipment of waste meets
treatment standards (§268.7(b)(5)). If the waste or a residue of the waste will be sent
for further treatment or storage at another facility, the treater must comply with the
notification and certification requirements for a generator.
LAND DISPOSAL FACILITIES
Section 268.7(c) enumerates the paperwork requirements that apply to the final link
in the cradle-to-grave management of hazardous waste, the land disposal facilities.
Hazardous waste disposers must ensure that incoming wastes or residues meet the
applicable treatment standards by testing the waste in accordance with their facility's
waste analysis plan. Additionally, disposers must maintain records on-site of all
notifications and certifications received from generators and treatment facilities.
SPECIAL REQUIREMENTS FOR TREATED DEBRIS
Generators or treaters of hazardous debris who claim that their hazardous debris is
excluded from the definition of hazardous waste under §261.3(f) are required to
comply with certain notification and certification requirements (§268.7(d)). Since
these wastes are no longer hazardous, the paperwork will not be sent to the disposal
facility. Instead, relevant notices and certifications are submitted to EPA and
retained on-site by the original generator or treater on a one-time basis.
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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Land Disposal Restrictions -15
2.8 CHARACTERISTIC HAZARDOUS WASTES
Just like listed wastes, restricted characteristic wastes must also meet treatment
standards before they are eligible for land disposal. Since the land disposal
restrictions attach at the point of generation, treatment standards applicable to
characteristic wastes cannot be circumvented by simply removing the characteristic.
Once a waste is both decharacterized and treated to meet standards that applied at
the point of generation, however, the waste may be land disposed in a
nonhazardous, Subtitle D landfill.
TREATMENT STANDARDS
Special requirements have been established regarding wastes that exhibit a
characteristic (§268.9). As general principle, a hazardous waste must meet all
applicable treatment standards to be eligible for land disposal. For purposes of LDR,
a generator with a listed hazardous waste must, therefore, determine if the waste
also exhibits any hazardous waste characteristics (§262.11(c)). If the listed waste
exhibits a characteristic of hazardous waste, the treatment standard for both waste
codes must be met. An exception occurs, however, when the treatment standard for
the listed waste specifically includes a standard for the constituent that causes the
waste to exhibit the characteristic. Therefore, compliance with the treatment
standard for the listed waste will satisfy both requirements, as the standard for the
listed waste will operate in lieu of the treatment standard for the characteristic waste
code.
PAPERWORK REQUIREMENTS
While characteristic wastes are subject to the standard notification requirements of
§268.7, there are special provisions for wastes from which the characteristic has been
removed. When these wastes meet treatment standards and no longer exhibit any
characteristic, LDR notification and certification paperwork need not accompany the
shipment to a Subtitle D facility. Instead, §268.9(d) requires that a one-time notice
and certification be filed with the implementing agency and maintained on-site.
Subsequent shipments of similar waste would not require additional notice except
on an annual basis if the process or recipient facility changed.
DILUTION OF CHARACTERISTIC WASTES AND TREATMENT OF
UNDERLYING HAZARDOUS CONSTITUENTS
When treatment standards were first promulgated for characteristic wastes, EPA
determined that protection of human health and the environment could be
adequately accomplished for many of these wastes merely by removal of the
characteristic. Thus, the treatment standards for these wastes appeared as the
specified technology, "DEACT," or deactivation. While Part 268, Appendix VI
recommends particular methods of treatment to accomplish deactivation, simple
dilution with soil or water was an acceptable means to achieve compliance.
The information intWsdocument is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline trainingpurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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16 - Land Disposal Restrictions
Dilution of this kind was not considered impermissible under §268.3, since it was
performed as part of a specified technology.
However, in the case Chemical Waste Management. Inc. et al. v. EPA, the plaintiffs
won a judgment against the Agency alleging, among other things, that
accomplishment of deactivation via dilution failed to meet the statutory mandates
of RCRA §3004(m) because dilution does not reduce the mobility or toxicity of the
hazardous constituents present in the wastes. By way of judgment, on September
25,1992, the DC Circuit Court of Appeals immediately vacated the treatment
standards for ignitable (D001) and corrosive (D002) wastes, and remanded the
treatment standards applicable to many other characteristic wastes.
In response to the court decision, EPA published revised treatment standards for
D001 and D002 wastes in the May 24,1993, Federal Register (58 FR 29860). These
revised standards require that certain ignitable and corrosive wastes not only be
deactivated to remove the hazardous characteristic, but that they also be legitimately
treated to meet numeric concentration levels for any hazardous constituents also
present in the wastes. These constituents are known as "underlying hazardous
constituents" because they require treatment to meet LDR standards, but
nonetheless do not themselves cause the waste to exhibit a characteristic.
On September 19,1994, when EPA promulgated treatment standards for the newly
identified TC organic wastes (D018-D043) and revised the standards for some
previously restricted characteristic wastes (D012-D017), the Agency also required
treatment for underlying hazardous constituents beyond that necessary for removal
of the characteristic. The creation of the UTS in §268.48 provided the Agency an easy
source for the list of constituents and appropriate treatment levels. Wastes
requiring treatment for underlying hazardous constituents must meet the numeric
treatment levels enumerated in the UTS to be eligible for land disposal. Wastes
subject to treatment for underlying hazardous constituents are easily identified,
therefore, since their treatment standards in §268.40 require that they comply with
the characteristic level "and meet §268.48 standards."
2.9 HISTORY OF THE LDR PROGRAM
The Hazardous and Solid Waste Amendments of 1984 (HSWA) established the
authority for the LDR program. Due to the large number of hazardous waste codes
that existed prior to HSWA, LDR treatment standards were developed in stages. In
HSWA, Congress set a time frame for the implementation of treatment standards
for all wastes listed or identified as hazardous on or before November 8,1984.
Congress set specific prohibition dates for certain high-risk and high-volume wastes
and established a three-part schedule with specific deadlines for EPA to develop
treatment standards for the remaining listed and characteristic wastes. Wastes
identified subsequent to HSWA are considered newly identified or listed.
Additional rulemakings, promulgated in "phases," have since begun to address
The information in this document is not by any means a complete representation of EPA's regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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Land Disposal Restrictions -17
these new wastes. This section highlights some especially pertinent parts of those
rulemakings and identifies and explains certain complex areas.
SOLVENT AND DIOXIN-CONTAINING WASTE
The solvent and dioxin-containing wastes were the first wastes EPA addressed under
the LDR program. Congress set a statutory deadline for EPA to establish treatment
standards for these wastes because they are generated either in high volumes (solvent
wastes) or are considered highly toxic (dioxin-containing wastes). EPA published a
final rule on November 7,1986 (51 FR 40572), establishing effective dates and
treatment standards for F001-F005 solvent wastes (§268.30) and F020-F023 and F026-
F028 dioxin-containing wastes (§268.31). The November 7, 1986, final rule also
established the basic framework for the land disposal restrictions program.
CALIFORNIA LIST WASTE
A second group of hazardous wastes for which Congress set a specific LDR deadline
is known as the California list. This list was compiled from a program established
by California's Department of Health Services. The California list, which became
effective July 8,1987, prohibited the land disposal of liquid hazardous wastes
containing certain toxic constituents or exhibiting certain properties unless subjected
to prior treatment. The targets of the list included cyanides, pH, polychlorinated
biphenyls (PCBs), halogenated organic compounds (HOCs), and metals. Certain
HOC-containing wastes were als6 prohibited even when in solid form.
As waste code-specific treatment standards have been issued, the California list
prohibitions have been superseded by treatment standards specific to the RCRA
waste code addressing the constituent (or property) of concern. For example, the
treatment standard for the characteristic D008 (lead) supersedes the California list
prohibition on liquid hazardous wastes containing lead. While in most cases
California list prohibitions have been superseded by more specific treatment
standards, they remain applicable for:
• Liquid hazardous wastes that contain >. 134 mg/1 of nickel or > 130 mg/1
of thallium
• Hazardous wastes containing HOCs at more than 1,000 ppm that are
identified by a characteristic property that does not involve HOCs (see
Part 268, Appendix III for a list of HOCs regulated under §268.32)
• Liquid hazardous wastes that contain over 50 ppm PCBs.
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/USY, Superfund, and EPCRA Hotline.
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18 - Land Disposal Restrictions
THIRDS
HSWA §3004(d)(4) required EPA to prepare a schedule by November 8,1986, for
establishing treatment standards for all hazardous wastes identified or listed on or
before November 8, 1984. When developing the schedule, EPA was required to rank
the listed wastes from high to low priority, based on the wastes' intrinsic hazard and
volume generated. High-volume, high-intrinsic hazard wastes were scheduled to
be addressed first, while low-volume, lower-hazard wastes (including characteristic
wastes) were to have treatment standards established last. Wastes with treatment
standards promulgated in the first portion of the three part schedule are known as
First Third wastes (53 FR 31138; August 17,1988), wastes addressed in the second
portion of the schedule are known as Second Third wastes (54 FJR 26594; June 23,
1989), and wastes in the third category are known as Third Third wastes (55 FR
22520; June 1,1990).
TREATMENT STANDARDS FOR NEWLY IDENTIFIED OR LISTED WASTES
In addition, HSWA requires EPA to establish treatment standards for all hazardous
wastes listed or identified after November 8,1984. EPA is developing treatment
standards for these wastes in phases. The first of these rulemakings, termed Phase I,
was published in the Federal Register on August 18,1992 (57 FR 37194). In addition
to promulgating restrictions for certain new wastes, Phase I finalized the alternative
treatment standards for hazardous debris.
The Phase II rule was finalized in the Federal Register on September 19,1994 (59 FR
47982). This final rule consolidated the existing treatment standards into §268.40,
created the UTS, and promulgated treatment standards for toxicity characteristic (TC)
organic wastes, coke by-products, and chlorotoluenes.
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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Land Disposal Restrictions - 19
3. REGULATORY DEVELOPMENTS
Phases I and II did not address all the wastes newly listed or identified since
November 8,1984. Subsequent rulemakings must be promulgated to address these
additional wastes not yet restricted from land disposal.
When finalized, the Phase HI LDR rulemaking (proposed 60 FR 11702; March 2,
1995) will establish treatment standards for some newly listed wastes and will
mandate RCRA-equivalent treatment be performed upon certain characteristic
wastes that are injected into deep SDWA wells, managed in Subtitle D surface
impoundments prior to CWA discharge, or discharged to land following CWA-
equivalent management. By consent decree, EPA must promulgate the final rule
for Phase IH by January 1996.
Finally, Phase IV will restrict the land disposal of newly listed or identified wastes,
including the previously exempt Bevill wastes, and wastes from wood preserving.
These wastes are, of course, not subject to LDR until EPA finalizes treatment
standards for these wastes. Phase IV will also adjust the treatment standards
applicable to wastes that exhibit the toxicity characteristic for a metal constituent and
will create influent treatment standards for restricted wastes managed in
nonhazardous surface impoundments in order to mitigate the impact of sludges,
leaks, and air emissions. Subject to the same consent decree, Phase IV has been
assigned judicial deadlines of June 1995 and June 1996 for the proposed and final
rulemakings.
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline trainingpurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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20 - Land Disposal Restrictions
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline training purposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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Land Disposal Restrictions - 21
4. SPECIAL ISSUES
The following four points discuss LDR issues of special note or concern.
4.1 POINT OF GENERATION
Generators are required to classify their solid wastes as soon as they are subject to
regulation in order to ensure that hazardous wastes will always be safely managed.
Since LDR applies additional limits to the ways in which waste may be managed, it
is also necessary to immediately determine if a hazardous waste is subject to LDR.
Generators must, therefore, fully characterize their wastes at the point of generation
to determine if their hazardous waste is subject to LDR (§262.11). If a waste is
restricted at the point of generation, all Part 268 requirements continue to apply to
the waste, even if it is subsequently de-characterized or excluded from the definition
of hazardous or solid waste.
4.2 SOIL CONTAMINATED WITH A RESTRICTED HAZARDOUS
WASTE
Cleanup, or remediation, of hazardous waste sites will often produce contaminated
soil that, like debris, must be managed as a hazardous waste if it contains a listed
waste or if it exhibits a characteristic. Land disposal of hazardous soils is prohibited
unless such soils have been treated to meet the waste code specific treatment
standards promulgated for the hazardous waste (i.e., the same treatment standard
the waste would have to meet if it was newly generated rather than found in the
soil matrix). Yet these remediation wastes, due to either their large volume or
unique characteristics, are not always amenable to the same type of treatment. The
Agency, therefore, proposed alternative treatment standards specific to hazardous
waste contaminated soils as part of the Phase I rule (58 FR 48123; September 14,
1993). This part of the rule, however, has been postponed while EPA reconsiders
hazardous waste classification issues for soil as part of the hazardous waste
identification rule for contaminated media (59 FR 10778; March 8,1994). Pending
further guidance in that rule, which is scheduled to be proposed in September 1995,
generators should seek site specific treatability variances for contaminated soils for
which the promulgated treatment standard is inappropriate (59 FR 47986;
September 19,1994).
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline trainingpurposes. For complete and current information, please call the
RCRA/UST, Superfund, and EPCRA Hotline.
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22 - Land Disposal Restrictions
4.3 DIOXIN-CONTAINING WASTE
The §268.40 treatment standards for dioxin-containing wastes are based on a BOAT
of incineration. While any technology short of dilution is permissible for achieving
these levels, only incineration has been able to reach these treatment levels.
Currently there is only one commercial facility in the United States permitted to
burn dioxin-containing wastes and thus there is likely to be a shortfall in capacity.
In the interim, these listed wastes must be exported or stored until treatment
capacity becomes available.
4.4 TCV.EP
When the TC superseded the EP, it added the organic constituents (D018-D043).
Since the TC is more sensitive than the EP, it also increased the number of wastes
considered characteristic for metals (D001-D011) and pesticides (D012-D017). Wastes
that exhibit the TC for the new organic constituents, and wastes that exhibit the TC
for D001-D017 but that do not also fail the EP, are both considered newly identified
since the TC rule was promulgated after November 8, 1984. While HSWA requires
EPA to set treatment standards for any newly identified or listed waste within six
months of the identification of the waste, there is no statutory provision that
automatically prohibits land disposal if EPA fails to set treatment standards within
the Congressionally mandated time frame. With the Phase II rule (59 FR 47982;
September 19,1994) EPA finally promulgated treatment standards for TC organics
and pesticides. Wastes which fail only the TC, and not the EP, for metal constituents
still remain without treatment standards. These wastes are not yet restricted from
land disposal and need not comply with any of Part 268.
Generators must go through a two-step process in order to determine if a metal
waste is subject to LDR. First, generators must determine if the solid waste exhibits
the TC. If a potentially characteristic waste does not exhibit the TC, then it is not
subject to LDR or any other provision of RCRA Subtitle C (assuming it is not
hazardous for any other reason). Second, if a waste does exhibit the TC for a metal
constituent, then the generator must determine if LDR applies by checking to see if
the waste also exhibits the characteristic of EP toxicity. If a waste exhibits the TC for
any of the 11 original EP metals (D001-D011), and then also exhibits the EP for the
same constituent(s), then the waste is subject to LDR and must be treated to meet the
applicable treatment standard prior to disposal. Wastes which exhibit only the TC
for a metal constituent are considered newly identified and will not be restricted
from land disposal until the Phase IV rule becomes final.
The information in this document is not by any means a complete representation of EPA s regulations or policies, but is
an introduction used for Hotline trainingpurposes. For complete and current information, please call the
RCRA/USTT, Superfund, and EPCRA Hotline.
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