United Stales
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
&EPA
DIRECTIVE NUMBER: 9555.00-01
TITLE: Memo to All NRC Licensees: Guidance on the
Land Disposal Restrictions' Effects on Storage
and Disposal of Conmercial Mixed Waste
APPROVAL DATE: September 28, 1990
EFFECTIVE DATE: September 28, 1990
ORIGINATING OFFICE: Office of Solid Waste
x FINAL
DRAFT
STATUS: E A - Pending OMB Approval
H D B • Pending AA-OSWER Approval
REFERENCE (Other Documents):
OSWER OSWER OSWER OSWER
DIRECTIVE DIRECTIVE DIRECTIVE
-------
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
&EPA
DIRECTIVE NUMBER: 9555.00-01
TITLE: Memo to All NRC Licensees: Guidance on the
Land Disposal Restrictions' Effects on Storage
and Disposal of Commercial Mixed Waste
APPROVAL DATE: September 28, 1990
EFFECTIVE DATE: September 28, 1990
ORIGINATING OFFICE: Office of Solid Waste
x] FINAL
DRAFT
STATUS: ° A - Pending OMB Approval
D B - Pending AA-OSWER Approval
REFERENCE (Other Documents):
OSWER OSWER OSWER OSWER
DIRECTIVE DIRECTIVE DIRECTIVE
-------
.
Initiation
reiephone Cod
(202)
4 Summary of Directive (mclude bnel statement of purpose)
dl.po..l
What directive (number, title)
b Does It Supplement Previous Directive^)'
Yes What directive (number, title)
C - For Review & Comment
0- !• Development
8. Document to be distributed to States by Headquarters?
Approving <
lowrance, Director, Office of Solid Waste
EPA Form uis-17 (Rev. s-87) Prev.ous ed.t.ons are obsolete.
OSWER
OSWER OSWER n
YE DIRECTIVE DIRECTIVE
DIRECTIVE
-------
9555.00-01
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
SEP 28
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
TO ALL NRC LICENSEES:
SUBJECT: GUIDANCE ON THE LAND DISPOSAL RESTRICTIONS' EFFECTS ON
STORAGE AND DISPOSAL OF COMMERCIAL MIXED WASTE
The purpose of this letter is to announce the availability
of guidance on the land disposal restrictions (LDR) for NRC
licensees. The 1984 Hazardous and Solid Waste Amendments (HSWA)
to the Resource Conservation and Recovery Act directed EPA to
develop regulations restricting the land disposal of RCRA
hazardous wastes. The intent of the LDR provisions is to
minimize the potential risk to human health and the environment
by requiring treatment of wastes before land disposal. Since the
hazardous component(s) of radioactive mixed waste is RCRA
regulated, mixed radioactive waste handlers may now or soon will
manage waste subject to the RCRA land disposal restrictions.
The attached guidance is intended to provide a general
overview of the land disposal restriction regulations as well as
to provide information on areas of the regulations that may
particularly affect mixed waste handlers.
As identified in the guidance, the land disposal
restrictions have created new responsibilities for mixed waste
handlers. Therefore, it is important that mixed waste handlers
take the time to develop a good understanding of the land
disposal regulations. This guidance should not be used as a
substitute for the land disposal restriction regulations found at
40 CFR 268 or the Federal Register rules that contain the
promulgated LDR regulations. (See list of major rules at the end
of guidance). Instead it should be used as a general guidance to
familiarize the mixed waste handler with the land disposal
restriction regulations.
Sincerely,
Syl'viaJ K. Lowrance, Director
Office" of Solid Waste
U.S. Environmental Protection
Agency
PriMtd an Ricyclid Paptr
-------
9555.00-01
OVERVIEW OF
THE EFFECT OF THE LAND DISPOSAL RESTRICTIONS
ON
RADIOACTIVE MIXED WASTE
The 1984 Hazardous and Solid Waste Amendments (HSWA) to the Resource Conservation
and Recovery Act (RCRA) restrict the land disposal of hazardous wastes, including mixed
waste. This overview outlines the major aspects of the land disposal restrictions as they
apply to mixed wastes. A more detailed analysis is found in the attached guidance
document.
WHAT IS MIXED WASTE?
Mixed waste is defined as a waste mixture that contains both radioactive materials subject to
the Atomic Energy Act (AEA) and a hazardous waste component regulated under RCRA.
The hazardous waste (i.e. the non-AEA material) can be either a listed hazardous waste in
Subpart D of 40 CFR 261 or a waste that exhibits any of the hazardous waste
characteristics identified in Subpart C of 40 CFR Pan 261.
WHAT MIXED WASTES ARE CURRENTLY SUBJECT TO
THE LAND DISPOSAL RESTRICTIONS (LDRS)?
The LDR regulations currently apply to all hazardous waste, including mixed waste, listed
or identified as of November 8,1984 under RCRA 3001. They also apply to several
hazardous wastes newly listed after November 8,1984 for which treatment standards have
been developed. Treatment standards for radioactive waste mixed with solvents (F001 -
F005), dioxins (F020 - F023 and F026 - F028) and California list wastes are currently
effective. EPA deferred issuing treatment standards for radioactive waste mixed with
scheduled hazardous waste until the promulgation of the last scheduled LDR rule on May
8,1990 (the so-called Third Third rule). After May 8,1990, all mixed wastes were
restricted from land disposal. However, for all mixed waste addressed in the Third Third
rule, EPA granted a two-year national capacity variance based on the lack of treatment
capacity. This variance delays the imposition of treatment requirements for land disposal
until May 8,1992. (See 55 £R 22660, June 1, 1990.)
AFTER MIXED WASTES BECOME SUBJECT TO THE LDRS
CAN THEY BE STORED?
After the effective date, the HSWA amendments prohibit any storage of a land disposal
restricted waste, including mixed waste, except for the sole purpose of accumulating
sufficient quantities in a tank or container to facilitate proper recovery, treatment, or
disposal of that waste. (See 40 CFR 268.50, the storage prohibition.) There are,
however, a few instances where continued storage of LDR waste is allowed in tanks or
containers:
(1) Continued storage of wastes first placed in storage prior to the applicable LDR
date for that waste, until the waste is removed from storage.
-------
9555.00-01
(2) Storage of restricted wastes that are not prohibited from land disposal because
they are exempt from the LDRs by statute or EPA regulation or they have a two-
year national capacity variance. (See 54 ££ 36968. September 6, 1989.)
(3) Specified treatment standards for the waste are met.
(Note that EPA is aware that there is currently a shortage of treatment and disposal capacity
for mixed waste which may cause mixed waste handlers to be out of compliance with the
storage prohibition. Therefore, EPA plans to issue a policy statement addressing this
matter in the fall of 1990.)
ARE THERE LDR EXTENSIONS AND VARIANCES FOR
MIXED WASTE?
National Capacity Variances from the Effective
EPA has the authority to grant an extension to the effective dates of treatment standards for
LDR wastes, for not more than two years, until alternative treatment, recovery or disposal
capacity is available. EPA may analyze data and comments submitted during a rulemaking
in determining whether to grant a nationwide variance. EPA granted an extension for
mixed waste covered in the Third Third rule on May 8, 1990, which included mixed wastes
from the First and Second Third. A national capacity variance is also in effect until
November 8, 1990 for radioactive mixed soil and debns wastes containing solvents and
dioxms resulting from a Superfund response action or from RCRA corrective action.
Case-Bv-Case Extensions
EPA is allowed on a case-by-case basis to grant a one-year extension (renewable only
once) to the effective date of a treatment standard. Such extensions are granted only on the
grounds that adequate alternative treatment, recovery or disposal capacity cannot reasonably
be made available by the LDR effective date and that such alternative capacity can be
provided upon expiration of the case-by-case extension. The petitioner should identify the
types and quantities of mixed waste he or she generates or stores to evaluate the present or
future treatment capacity for the waste(s). Applications for case-by-case extensions should
be submitted to the U.S. EPA Administrator and the Office of Solid Waste (see
40 CFR 268.5).
"No Migration" Exemption
EPA will consider petitions to allow land disposal of prohibited wastes that do not meet the
treatment standard, provided the petitioner demonstrates that there will be no migration of
hazardous constituents from the disposal unit or injection zone for as long as the waste
remains hazardous (40 CFR 268.6). At this time, petitions should be submitted to the
U.S. EPA Administrator. Eventually the petitions will be handled by EPA Regional
Offices or by States authorized to grant "no migration" petitions. (Note that the EPA
Regions are authorized to grant "no migration" petitions for underground injection wells
(Office of Drinking Water).)
Variances from the Treatment Standards
EPA recognizes that some mixed waste might not be treatable by the method or to the level
specified. In such situations, EPA will allow petitions to be submitted requesting a
variance from the treatment standard. If granted on a national basis, these variances result
in the establishment of a new treatability group and new treatment standards for all wastes
-in the treatability group. Variances may also be granted on a site-specific basis. Site-
specific variances may be granted administratively (i.e., without notice-and-comment
rulemaking) and have no generic application to similar wastes generated at other sites.
-------
9555.00-01
Variance petitions should be sent to the U.S. EPA Administrator and the Office of Solid'
Waste (see 40 CFR 268.44).
(For further discussion on the extensions and variances, see pages six through eight of the
attached document)
HOW DOES STATE LAW APPLY TO MIXED WASTE?
Like other RCRA requirements related to mixed waste, the LDRs will apply only in States
where EPA administers the RCRA program (unauthorized States) or in States that have
adopted mixed waste requirements as part of their authorized State programs. In other
States, the LDRs will not apply to mixed waste until the State becomes authorized for
mixed waste. The exception to this rule will be for wastes promulgated pursuant to HSWA
(e.g. wastes identified by the tpxicity characteristic rule in 55 FR 11798, March 29,1990),
where the listing or characteristic and the LDR treatment standards (when promulgated) will
be effective immediately in both authorized and unauthorized States. States may implement
their own disposal restrictions as a matter of State law if such actions are more stringent or
broader in scope than the actions of Federal programs (RCRA section 3009 and 40 CFR
271.1(i)). In States with more stringent or broader in scope restrictions, State law would
govern. Twenty-two States were RCRA authorized for mixed waste as of September 1,
1990. For a list of States with mixed waste authorization refer to page twelve of the
attached document.
FURTHER INFORMATION
1. See flow chart on the following page
2. Look at attached guidance document
3. Call your Regional EPA or State contact
-------
O
I
O
O
Defining Mixed Radioactive and Hazardous Waste for the
Purposes of Complying with the Land Disposal Restrictions (40 CFR Part 268)
Figure 1. Identification of Mixed Waste
Is the waste
radioactive waste
that is regulated
under the Atomic
Energy Act?
It is not mixed waste, but it
may be RCRA Hazardous
Waste subject to the Land
Disposal Restrictions
Do Non-AEA
Materials cause the
waste to exhibit any of the
RCRA Hazardous Wa
Characteristics?
Are Listed
Hazardous Wastes
contained in the
radioactive waste?
The waste is
Mixed
Waste.
It is not mixed waste,
nor is it a RCRA
Hazardous Waste.
Go to Figure 2.
NOTE
This flowchart is a simplified version of trie Land
Disposal Restriction regulations of 40 CFR Part 268,
and should not be used in lieu of those retr1 °ns.
-------
O
I
O
O
•
in
in
in
Regulation of Mixed Wastes Under the RCRA Land Disposal Restrictions Program
Is there
treatment standard
established for the RCRA
Hazardous Waste
portion of the
mixed waste?
x Mixed waste can continue to be land
^ disposed without treatment until effective
date of treatment standard. This will
apply to the hazardous portion of mixed
waste identified or listed under RCRA
53001 after November 8, 1984.
Is the waste
subject to the two
year national
capacity variance for
scheduled thirds
mixed waste?
Do current available
treatment methods
meet the applicable
standards?
Figure 2. Treatment
Methods and Standards
under LDR.
GotoFlgvnS.
While national capacity variance is
in effect LDR notification and certifica-
tion requirements must still be met.
If wastes subject to the variance are
disposed of in either RCRA surface
impoundments or landfills, the units
must be in compliance with the
minimum technological requirements
(MTR)ofRCRA 53004(o).
Mixed waste can be land
disposed after meeting
applicable treatment
standards.
Doe* the
treatment avail
able render the mixed
waste and treatment
residue
non-hazardous?
Waste must be
disposed as RCRA
hazardous waste
^^^X^v>^^^^^^^^^^^.^.x
NOTES:
• Ifthc hazardouH component of the mixed waste is listed, but not listed solely
because it exhibits one or more of the characteristics in Subpart C of Part 261,
then it remains n hazardous waste regardless of treatment.
PS} The mixed waste must be disposed of at a mixed waste facility permitted
S3 under RCRA and licensed by NRC or Agreement Stnte Authority.
When the treatment
standards* are met and if
the waste is not hazardous,
the waste may be disposed
of as radioactive waste.
•Note: Thin) Third treatment lUndardt
an ge below chaneterUtic leveli.
-------
o
I
o
o
\r\
\r\
Regulation of Mixed Wastes Under the RCRA Land Disposal Restrictions Program (continued)
srruATiON
START
Current treatment
methods are unable to
satisfy applicable
treatment standards.
Therefore, depending
upon the situation, a
mixed waste handler
may pursue the following
three options:
QJ
Safe disposal
can be
demonstrated
in a particular
unit or units.
» "no migration"
4-
L?J
The treatment
standards are
unachievable for
the particular
waste.
The treatment
standard is
achievable but
not available.
Figure 3. Options Under LDR:
Variances and Extensions
^ Disposal of mixed
aste without
treatment.
Request a
variance to
treatment
standards.*
There are two types of treat-
ment standard variances
that can be granted. They
are:
1) a site-specific variance; or
2) a national treatability
variance. For further
discussion on these
variances, see pages 7-8.
la treatment
standard variance
granted?
^ Site-specific variance i
^ permits disposal of '
mixed waste with ,
S alternative treatment.!
New treatment
standard permits
disposal of mixed
^ waste after treatment
ito new level.
Request a
case-by-case
extension for one
year from the
national effective
date (Renewable
once for an
additional year).
Is
case-by-case
extension
granted?
S[NN
S Disposal of mixed
S waste without
treatment untU
effective date.
NOTES:
Wiile the caw-by-casc and national capacity variances are in
enect. LDR notification and certification requirements must still
be met. Also, if wastes subject to the exemptions are disposed of
in either surface impoundments or landfills, the units must be in
JSS,1!'^ *'* lhC minimum technological requirements
(MTR) of RCRA, Section 30O4(o).
^ The mixed waste must be disposed of at a mixed waste
facility permitted under RCRA and licensed by NRC or
Agreement State Authority.
* NOTE: If the treatment standard is technology-based then
apply for an equivalent treatment method pursuant to 40
CFR 8268.420)). If the treatment standard is concentration-
based then pursue a treatment standard variance (40 CFR
5268.44).
-------
$555.00-01
GUIDANCE
RESOURCE CONSERVATION AND RECOVERY ACT
LAND DISPOSAL RESTRICTIONS
EFFECTS
ON STORAGE AND DISPOSAL OF COMMERCIAL MIXED WASTE
Executive Summary
The 1984 Hazardous and Solid Waste Amendments (HSWA) of the Resource Conservation and
Recovery Act (RCRA), through the land disposal restrictions (LDR), prohibit disposal of
hazardous wastes that have not been pretreated to standards required by EPA, unless the wastes are
subject to an exemption. The HSWA amendments also prohibit any storage of a land disposal
restricted waste, except for the sole purpose of accumulating sufficient quantities to facilitate proper
recovery, treatment, or disposal of that waste.
The LDRs may impact the day-to-day management of mixed waste by generators. Mixed waste is
defined as a waste that satisfies the definition of radioactive waste subject to the Atomic Energy Act
and contains hazardous waste that is either listed as a hazardous waste in Subpart D of 40 CFR
Pan 261 or exhibits any of the hazardous waste characteristics identified in Subpart C of 40 CFR
Part 261. The hazardous component of mixed waste is regulated under RCRA.
LDR regulations currently apply to all mixed radioactive and RCRA hazardous wastes. The first
group of mixed wastes subject to the LDR regulations were mixed radioactive and RCRA
hazardous wastes that contain spent solvents, dioxins, or California list wastes. The remaining
RCRA hazardous wastes were placed in three groups known as the First, Second, and Third
Thirds. EPA deferred issuing treatment standards for radioactive waste mixed with First Third and
Second Third hazardous wastes until the statutory effective date for the Third Third, May 8,1990.
On May 8, 1990, all mixed wastes containing hazardous wastes listed or identified as of
November 8, 1984 were restricted from land disposal. However, mixed wastes that contain
scheduled third wastes were granted a two-year national capacity variance which is explained later
in the discussion. (Please note that mixed wastes granted a capacity variance are still considered
restricted since scheduled third mixed wastes disposed in RCRA surface impoundments or landfills
during the two-year period can only be placed in units that meet certain minimum technological
requirements. Also during the variance, these wastes are subject to 40 CFR 268.7 waste analysis
and recordkeeping requirements, and California list prohibitions if applicable.)
When the variance expires on May 8, 1992, all mixed wastes will be prohibited from storage
except to accumulate sufficient quantities to facilitate proper recovery, treatment or disposal. (See
40 CFR 268.50, the storage prohibition.) There are, however, a few exceptions to the storage
prohibition as indicated later in the discussion. Mixed wastes containing spent solvents, dioxins or
California list wastes are currently subject to the storage prohibition.
EPA is aware that there is currently a shortage of treatment and disposal capacity for mixed waste
which may cause mixed waste handlers to be out of compliance with the storage prohibition.
Therefore, EPA plans to issue a policy statement regarding this matter in the fall of 1990.
-------
9555.00-01
Introduction
The land disposal restrictions for mixed waste, like most RCRA hazardous waste requirements,
currently apply only in States where EPA, rather than the State, runs the RCRA program (such as
in unauthorized States), or in States that have adopted mixed waste requirements as part of their
authorized State programs. In other States, the LDRs will not apply to mixed wastes until the State
becomes authorized for mixed waste.
On the other hand, the hazardous portion of mixed wastes newly listed under the toxicity
characteristic (TC) rule (see 55 FR 11798, March 29, 1990 and 55 FR 22660, June 1, 1990) will
become subject to LDR when EPA promulgates treatment standards for TC hazardous wastes,
regardless of whether a State is authorized or not. All TC hazardous wastes including mixed
radioactive TC waste are promulgated pursuant to HSWA, therefore the listings and applicable
LDR treatment standards (when promulgated) are effective immediately in both authorized and
unauthorized States.
The land disposal restrictions imposed by HSWA have created new responsibilities for those
people who handle RCRA hazardous wastes, including those who manage radioactive mixed
hazardous waste. Presented below is a simplified outline of the LDR requirements. The outline is
intended to provide mixed waste handlers with a basic understanding of the RCRA land disposal
restrictions, and to demonstrate how the LDRs will affect storage and disposal of mixed waste.
Additional information on State authorization under RCRA for mixed waste is discussed briefly at
the end of the outline.
Background of the RCRA Land Disposal Restrictions
Legislative Framework
The 1984 HSWA amendments to RCRA prohibit the continued land disposal of untreated
hazardous waste beyond specified dates "unless the Administrator [EPA] determines that the
prohibition ... is not required in order to protect human health and the environment for as long as
the waste remains hazardous ... " (RCRA Section 3004(d)(l), (e)(l) and g(5)). This phrase is
defined as meaning that there will be "no migration of hazardous constituents from the disposal
unit... for as long as the waste remains hazardous."
Waste treated in accordance with treatment standards set by EPA under Section 3004(m) of RCRA
are not subject to the prohibitions and may be land disposed. The statute requires EPA to set
"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 so that
short-term and long-term threats to human health and the environment are minimized". (RCRA
Section 3004(m)(l).)
Mandated Deadlines
HSWA set forth a series of deadlines for EPA action (RCRA Sections 3004(d)-(g)). EPA was
required to set treatment standards by these dates. If EPA failed to set treatment standards by the
dates mandated, an automatic statutory "hammer" provision took effect, either prohibiting the land
disposal of that waste in anything but a no-migration unit (solvents, dioxins, California list, and,
after May 8, 1990, all wastes identified or listed as of November 8, 1984), or limiting disposal
.options (First and Second Third wastes for which EPA did not establish treatment standards before
May 8, 1990).
-------
9555.00-01
The mandated dates for prohibiting specific wastes from land disposal are as follows:
(1) Solvent- and dioxin-containing wastes - November 8, 1986.
(2) California list wastes - July 8, 1987. The California list includes liquid hazardous
wastes that contain designated concentration levels of free cyanides heavy metals, (arsenic,
cadmium, chromium, lead, mercury, nickel, selenium, and thallium), liquid corrosive
hazardous wastes with pH less than or equal to 2.0, hazardous wastes containing PCBs
greater than or equal to 50 ppm, and both liquid and nonliquid hazardous wastes containing
designated concentration levels of halogenated organic compounds (HOCs).
( Most of these wastes are subsumed by other waste codes in the scheduled thirds (i.e.,
if a treatment standard has been promulgated for a California list waste in the scheduled
thirds then the more waste-specific treatment standard takes precedence over the California
list prohibition), and so the California list prohibitions were largely superseded on May 8,
1990, although the California list prohibitions may continue to apply during the period of a
national capacity variance for scheduled waste. For example, if a Third Third mixed waste
also meets the definition of a California list waste, it must be treated to prohibition levels
specified for the California list waste prior to land disposal, although it is subject to a two-
year national capacity variance.)
(3) At least one-third of all listed hazardous wastes-August 8, 1988
(First Third).
(4) At least two-thirds of all listed hazardous waste-June 8,1989
(Second Third).
(5) Remaining wastes that were identified or listed as of
November 8, 1984-May 8,1990 (Third Third).
To find the complete list of all scheduled thirds wastes refer to 40 CFR 268, Subpart B-Schedule
for Land Disposal Prohibition and Establishment of Treatment Standards.
Newlv Identified and Listed Waste
EPA is required to make land disposal determinations for any hazardous waste identified or listed
after November 8, 1984 within six months of the effective date of identification or listing. Unlike
currently listed and characteristic wastes, the statute does not impose an automatic land disposal
prohibition if EPA misses a deadline for issuing treatment standards for any newly listed or
identified waste.
In the Third Third rule, EPA promulgated treatment standards for five wastes newly listed after
November 8, 1984. Four of these wastes are within the F002 and F005 spent solvent listing and
the other is F025 light ends and spent filters/aids and desiccants subcategory. (EPA also
promulgated treatment standards for several newly listed wastes in the Second Third rule.)
Examples of newly listed wastes where treatment standards have not been established are the
wastes newly promulgated under the TC rule. Mixed radioactive TC wastes are therefore currently
not subject to the LDRs.
-------
9555.00-01
Soft Hammer
HSWA established "soft hammer" provisions which are regulations for the management of wastes
scheduled in the First and Second Thirds for which EPA failed to promulgate treatment standards
by the scheduled deadlines (RCRA 3004(g)(6)). These did not include First and Second Third
wastes that EPA rescheduled to the Third Third such as mixed wastes. These provisions applied
only until May 8, 1990 when the "hard hammer" provisions described below superseded them.
Before May 8, 1990, soft hammer wastes could be land disposed in a landfill or surface
impoundment, only if:
(1) The generator determined that placement in a landfill or surface impoundment
was the only practical alternative to currently available treatment, and
(2) The landfill or surface impoundment met minimum technological requirements
set forth in RCRA 3004(o) or had an equivalent waiver.
Soft hammer wastes managed by other land disposal methods such as land treatment or deep well
injection were not subject to the soft hammer provisions specified in 40 CFR Section 268.8.
Hard Hammer
HSWA also established "hard hammer" provisions that prohibit the land disposal of hazardous
wastes if EPA failed to promulgate treatment standards by certain statutory deadlines. On May 8,
1990, the soft hammer provisions were superseded by a hard hammer for all RCRA hazardous
wastes (other than newly listed or identified) for which treatment standards had not been
promulgated. However, in the Third Third rule, EPA promulgated treatment standards and
effective dates for all First, Second and Third Third wastes including wastes exhibiting a
characteristic under 40 CFR Pan 261, Subpart C. (Note that the California list statutory
prohibitions are still in effect for (1) liquid hazardous wastes containing greater than 50 ppm PCBs;
(2) HOC containing wastes that are identified as hazardous by a characteristic property that does
not involve HOCs and (3) liquid hazardous wastes that exhibit a characteristic and contain greater
than 134 mg/1 of nickel and/or 130 mg/1 of thallium, see 55 FR 22674, June 1,1990.)
Setting "Best Demonstrated Available Technologies"
RCRA Section 3004(m) requires EPA to "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 ...". On January 14,
1986, EPA proposed an approach for developing treatment standards under 3004(m) using
technology-based levels determined by the performance of Best Demonstrated Available
Technologies (BOAT) in conjunction with risk-based standards (screening levels). After receiving
extensive comment on the proposed rule, EPA chose to promulgate only the technology-based
level or BOAT approach. The U.S. Court of Appeals for the D.C. Circuit upheld EPA's
to<£T1^Sy~baSed aPProach to LDRi Hazardous Waste Treatment Council vs. EPA.
886 F. 2d (D.C. Cir. 1989).
Evaluating the performance of treatment processes for BOAT is based upon the concentration of
specific constituents in treatment residuals in the land disposal environment. When establishing
BOAT, EPA sets a standard for both the wastewater and non-wastewater forms of a waste code.
Often, EPA will set a standard for waste subgroups called "waste treatability groups" which
consist of wastes with similar physical and chemical properties. EPA then determines what the
demonstrated treatment technologies are for each "treatability group". To be considered a
demonstrated treatment technology, a full-scale facility should be in operation for the waste or
-------
9555.00-01
similar wastes. EPA then evaluates whether or not the particular demonstrated treatment
technology is available.
To be considered available, a treatment technology must meet the following criteria:
(1) The process may be available for purchase or lease, if the technology is
proprietary or a patented process.
(2) The technology must substantially reduce waste toxicity or substantially reduce
the migration of hazardous constituents from the waste.
Once a treatment technology is determined to be demonstrated and available, EPA collects and
analyzes performance data from the specific treatment. EPA then analyzes how each treatment
technology substantially diminishes the toxicity of the waste or substantially reduces the likelihood
of migration of hazardous constituents from the waste. Finally, EPA chooses the "best" treatment
technology based on performance data (e.g., the levels to which the technologies can treat specific
hazardous constituents in the waste), and sets a performance standard based on this specific
technology. Where constituent specific performance data cannot be obtained or is deemed
unnecessary, EPA considers specifying that a technology must be used for the waste.
It is important to note that, in some cases, the specific technologies identified as the basis for
BOAT are simply those technologies which EPA used to develop the waste-specific performance
standard. Any technology or combination of technologies not otherwise prohibited can be used to
achieve these standards. In other words, a specific treatment technology does not
have to be used unless the specific method of treatment is specified as the
treatment standard.
A treatment standard can be expressed as:
(1) Concentration Levels - any treatment technology may be used, as long as
hazardous constituents in the waste are treated to specific concentration levels
(2) Treatment Technologies - the standard specifies which technology must be used
to treat the waste before land disposal.
(3) Deactivation - the treatment standard for a number of subcategories of D001-D003
wastes which specifies the removal of the characteristic of ignitability, corrosivity or
reactivity. Recommended technologies that may be used to achieve deactivation are
referenced in Appendix VI of Pan 268.
To date, EPA has set special treatment standards for four categories of mixed waste. They include:
(1) radioactive lead solids with a BDAT treatment standard of macrocapsulation;
(2) radioactive elemental mercury with a BDAT treatment standard of amalgamation;
(3) radioactive hydraulic oil contaminated with mercury and a BDAT standard of
incineration and,
(4) radioactive high level wastes generated during the reprocessing of fuel rods with
a BDAT standard of vitrification,
The remaining mixed wastes are subject to those promulgated treatment standards that apply to the
hazardous portion of the waste unless EPA publishes specific standards for mixed waste
-------
9555.00-01
treatability groups in the future. (For further discussion on mixed waste treatment standards see 55
FR 22532 and 22626, June 1, 1990.)
Effective Dates for Land Disposal Restrictions
As soon as EPA sets a treatment standard, wastes subject to that standard are automatically
prohibited from land disposal, unless the wastes meet the treatment standard or are disposed in an
EPA approved no-migration unit (3004(h)(l)). EPA may through rulemaking revise a treatment
standard after the statutory date. If no treatment capacity is available, EPA may defer the effective
date of the standard, as explained below. Also, if wastes are generated that cannot be treated to the
specified treatment levels or using the specified treatment methods, the regulations allow a
generator or owner/operator to submit a petition to the Administrator requesting a variance from the
treatment standard. Most variances are granted through a rulemaking which requires publication in
the Federal Register and public comment.
Variances that Delay a Prohibition Effective Date
National Capacity Extension of Effective Date
After establishing BOAT, EPA determines if sufficient "national capacity" exists to adequately
treat, recover, or dispose of each type of waste. If there is insufficient capacity, RCRA Section
3004(h)(2) allows EPA to grant an extension to the effective date for a specific land disposal
restriction until adequate alternative treatment, recovery, or disposal capacity will be available, but
for no more than two years. This "national capacity" variance cannot exceed two years beyond the
applicable statutory deadline. During the two year period, the waste is not subject to the storage
prohibition, the dilution prohibition or the treatment standards. However, during the extension
period certain recordkeeping requirements under 40 CFR 268.7 must be met. Also, if the waste is
disposed at a landfill or surface impoundment, then the disposal unit must be in compliance with
minimum technological requirements of RCRA Section 3004(o), (i.e., the disposal unit must
normally have two or more liners, a leachate collection system and ground water monitoring). On
the other hand, if a waste such as mixed waste is treated to meet the applicable treatment standard
during the extension period, it may be disposed in a Subtitle C landfill or surface impoundment
without the unit meeting minimum technological requirements. It should be noted, however, that
separate RCRA provisions may require such waste to be disposed in units that meet minimum
technological requirements.
Currently the surface disposed scheduled third mixed wastes are subject to a two-year national
capacity variance. In addition, EPA has granted a two-year extension to naturally occurring
radioactive materials that are mixed with RCRA hazardous wastes. EPA is not granting this
variance to underground injected mixed radioactive wastes because EPA has received no
information that these wastes are being injected. A national capacity variance is also is effect until
November 8, 1990 for radioactive mixed soil and debris wastes containing solvents or dioxins
resulting from a Superfund response action or a RCRA corrective action.
Case-By-Case Extensions
According to RCRA Section 3004(h)(3), in cases where adequate alternative treatment, recovery,
or disposal capacity cannot reasonably be made available by the effective date of a land disposal
restriction, any person who generates or manages a restricted waste may submit an application to
EPA for an extension of the effective date if such alternative capacity can be provided at a later
date. Case-by-case extensions are granted for one year, and are renewable for one additional year.
EPA will allow an extension if the applicant can demonstrate that he has made a good-faith effort to
locate and contract with facilities nationwide to manage his waste, and that he has entered into a
-------
9555.00-01
binding contract to construct or otherwise provide such alternative treatment, recovery, or disposal
capacity at the end of the extension. The applicant must also demonstrate that, due to
circumstances beyond his control, such capacity reasonably cannot be made available by the LDR
effective date. Other provisions also apply, such as submitting a compliance schedule and
certifying that the capacity being constructed is sufficient to handle the total quantity of waste that is
the subject of the application. A draft 1988 guidance document on case-by-case extensions is
available by calling the EPA's RCRA/Superfund Hotline at 1-800-424-9346.'
Variances From the Prohibition
No Migration Petition
In carrying out the directives of RCRA Sections 3004(d)(l), (e)(l), and (g)(5), EPA will consider
petitions to allow land disposal of untreated restricted waste, provided the petitioners demonstrate
"to a reasonable degree of certainty that there will be no migration of hazardous constituents from
the disposal unit or injection zone for as long as the wastes remain hazardous". For underground
injection wells, EPA has interpreted this to mean the concentration of hazardous constituents must
not exceed safe levels at the unit boundary. (EPA has not yet formally interpreted the statutory
standard with respect to surface disposal units, although regulations for non-migration petitions
currently exist at 40 CFR 268.6.) This demonstration can be made through site-verified modeling
and monitoring, and must include an evaluation of air, surface water, ground water and soil
exposure scenarios. ^
EPA expects that there will be relatively few cases in which this demonstration can be made,
however; EPA is proposing to grant a conditional variance for ten years to the Department of
Energy's (DOE) Waste Isolation Pilot Plant (WIPP) in Carlsbad, New Mexico. This is the first
such proposal to grant a no-migration petition to a unit other than an underground injection well. If
granted, the conditional variance will allow DOE to place transuranic or alpha-emitting mixed
radioactive waste in the WIPP (an underground salt formation) without regard to LDR treatment
standards for testing and experimentation purposes only.
Petitions for surface land disposal units are to be submitted to EPA Headquarters and petitions for
underground injection wells to the Regional Administrator. EPA draft interim final guidance on no
migration petitions for surface units is available for petition applicants.2 A notice of availability for
this document will be published around October 1990 concurrently with a proposed rule on no-
migration variances for surface units. A final version of the guidance is scheduled for release
around October 1991 concurrently with the final rule on no migration variances.
Variance From the Treatment Standard
EPA recognizes that wastes may exist that cannot be treated to the levels specified as the treatment
standard (or, in some cases, by the method specified). In such cases, a petition may be submitted
requesting a variance from the treatment standard. EPA envisioned that wastes may be subject to a
treatability variance in cases where the treatment standard for a particular waste cannot be met
because the waste does not fit into one of the BOAT treatability groups. A particular waste, such
as a mixed waste stream, may be significantly different from the wastes considered in establishing
treatabihty groups because the waste contains a more complex matrix, making it more difficult to
treat. Variance petitions must demonstrate that the treatment standard established for a given waste
cannot be met. This demonstration can be made by showing that attempts to treat the waste by
available technologies were not successful, or through appropriate analyses of the waste, which
demonstrate that the waste cannot be treated to the specified levels. Variances are not granted
based on a showing that adequate BOAT treatment capacity is unavailable.
-------
9355.00-01
Treatability variances can be divided into two categories; a national treatability variance and a site-
specific variance. A national treatability variance must be based on a demonstration that the
waste is significantly different (physically or chemically) from the waste or treatability group used
to set the treatment standard, such that the existing treatment standard cannot be met. The national
treatability variance:
(1) Establishes a new treatability group and treatment standards for a waste and all
similar wastes.
(2) Is processed by a notice-and-comment rulemaking.
A site-specific treatability variance is used when there are site-specific factors that exist
which cause or contribute to difficulty in meeting standards. Unlike a national treatability variance,
a site-specific variance:
(1) Does not establish a new treatability group.
(2) Is processed by non-rulemaking administrative procedures, which includes
public notice and opportunity for comment.
EPA granted the first site-specific treatability variance to Allied-Signal Inc. for debris and certain
non-debris materials generated from the dismantlement of the Allied-Signal's Baltimore Works (see
55 £R 20190, May 15, 1990).
Waste Testing and Recordkeeping Requirements
Generators must test or use their knowledge of the prohibited hazardous waste to demonstrate
compliance with the LDR treatment standards or California prohibition levels prior to land disposal
(see 40 CFR 268.7). Generators who treat prohibited wastes in 90-day tanks or containers to meet
treatment standards, must test these wastes at a frequency specified in their waste analysis plan.
Similarly, treatment and disposal facilities are required to test their wastes according to the
frequency defined in the facility waste analysis plan.
Each time a restricted waste is shipped to an off-site treatment, storage or disposal facility,
notification must accompany the waste. If a waste meets a treatment standard, then certification by
the generator or treatment facility is required verifying that the treatment standard has been achieved
and the waste has not been impermissibly diluted. (Certain recordkeeping requirements also apply
to restricted wastes that remain on-site, cease to be solid or hazardous wastes and are not land
disposed.)
Notification and certification are not required to accompany characteristic wastes rendered non-
hazardous to Subtitle D facilities. However, appropriate notification and certification for these
wastes must be sent to the EPA Regional Administrator or authorized State. If the characteristic
wastes rendered non-hazardous are sent to a Subtitle C Facility, then the appropriate notification
and certification must be sent to the Subtitle C facility. Note that a one-time notification and
certification is allowed for small quantity generator shipments subject to tolling agreements outlined
in 40 CFR 262.20(e)(2).
8
-------
9555.00-01
Treatment In Surface Impoundment Exemption
Treatment of wastes that are normally prohibited from land disposal is allowed in a surface
imoundment or a series of surface impoundments that meet the technological requirements of 40
CFR 268.4(a)(3). After treatment, if the residues do not meet the applicable treatment standard (or
statutory prohibition level if the treatment standard has not been established), then the residues
must be removed for subsequent management within a year of entry into the unit and may not be
managed in another surface impoundment. Also, a certification that attests that the technical
requirements are met and a modified waste analysis plan that incorporates 40 CFR 268.4 residual
testing requirements must be sent to the Regional Administrator.
Dilution as Treatment
Under the LDRs, dilution is prohibited as treatment for both listed and characteristic wastes (see
40 CFR 268.3). However, exceptions to the prohibition were made for:
(1) Certain characteristic wastes generated and managed in waste treatment systems
regulated by the Clean Water Act (See 40 CFR 268.3(b)). (Note that prohibited wastes
treated by inappropriate methods are considered impermissibly diluted.)
(2) Listed and characteristic wastes that are aggregated for legitimate treatment in
centralized treatment systems. (Note that centralized treatment of incompatible
wastestreams is not considered legitimate treatment and is viewed as impermissible
dilution.)
(3) Characteristic wastes that are disposed into hazardous or non-hazardous Class I
injection wells regulated under the Safe Drinking Water Act and do not exhibit any
prohibited characteristic of hazardous waste at the point of injection.
(4) Prohibited non-toxic ignitable, reactive and corrosive wastes that are treated by dilution
to meet a treatment standard.
Storage Prohibition
In addition to prohibiting the land disposal of hazardous wastes, Congress also prohibited the
storage of any waste which is prohibited from land disposal unless "such storage is solely for the
purpose of the accumulation of such quantities of hazardous waste as are necessary to facilitate
proper recovery, treatment, or disposal" [RCRA Section 30040)]. The intent of Congress was to
ensure that long-term storage was not used as a means of avoiding a land disposal prohibition.
Currently a capacity shortage exists for treatment and disposal of mixed wastes that may cause
mixed waste handlers to be in violation of the storage prohibition. As a result, EPA plans to issue
a policy statement regarding this matter in the fall of 1990. (For further discussion on storage
issue see 55 ER 22673, June 1, 1990.)
The implementing regulations that address the prohibitions on storage of LDR waste are found m
40 CFR 268.50. This regulation essentially restates the statutory language.
Allowed Storage Times
.It is apparent from the language in HSWA that Congress wished to prohibit extended storage of a
' LDR waste in lieu of treatment. There are, however, a few instances that allow for the storage of
LDR waste in tanks or containers:
-------
9555.00-01
(1) Continued storage of wastes first placed in storage prior to the applicable effective date
of a LDR, until the wastes are removed from storage.
(2) Placement of wastes in storage after the applicable effective date, only if the untreated
wastes are stored solely for accumulation in the amounts necessary to facilitate proper
treatment, recovery or disposal.
(3) Storage of restricted wastes that are not prohibited from land disposal because they are
exempt from the land disposal restrictions by statute or EPA regulation, (see 54 FR 36968,
September 6, 1989.)
(4) Specified treatment standards for the waste are met.
EPA interprets the land disposal restrictions as applying prospectively to affected wastes.
Therefore, wastes disposed of or placed in storage prior to the LDR applicable effective date are
not subject to LDR. If however wastes are removed from storage or a land disposal unit after the
applicable effective date, and are subsequently placed in or on the land, then they are subject to
LDR.
The LDR implementing regulations, at 40 CFR 268.50(b), state that: "an owner/operator of a
treatment, storage or disposal facility may store [LDR waste] for up to one year unless the Agency
[EPA] can demonstrate that such storage was not solely for the purpose of accumulation of such
quantities of hazardous waste as are necessary to facilitate proper recovery, treatment or disposal .
This provision puts the burden of proof on EPA to demonstrate that storage is improper, if it takes
place for less than one year, however, this should not be interpreted that an LDR waste can be
stored for up to one year for any reason. This allocation of burden of proof was upheld in
Hazardous Waste Treatment Council v. EPA. 886 F. 2d (D.C. Cir. 1989).
The regulations further state in 40 CFR 268.50(c) that: "an owner/operator of a treatment, storage
or disposal facility may store [prohibited waste] beyond one year; however, the owner/operator
bears the burden of proving that such storage was solely for the purpose of accumulation of such
quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal."
The preamble to the November 7, 1986 final rule also discusses the point at which storage is
considered to begin. As stated in 51 EE 40583, "to implement the storage provisions the Agency
[EPA] is requiring owners/operators to comply with the same requirements for dating containers as
set forth for generators under 40 CFR 262.34(a)(2)." The requirements in 40 CFR 262.34 allow a
generator to store a land disposal restricted waste (as any other type of waste) in a satellite
accumulation area until 55 gallons of hazardous waste or one quart of acutely hazardous waste are
accumulated. Satellite areas are defined as "places where wastes are generated in the industrial
process or laboratory and where those wastes must initially accumulate prior to removal to a central
area" (49 F_& 49569, December 20, 1984). Therefore, the accumulation date for storage starts
when the waste is moved to the central accumulation area. (Also, under the 40 CFR 262.34
requirements, a generator can store hazardous waste for up to 90 days without a permit.)
Disposal of certain restricted wastes such as those wastes listed in 40 CFR 268. l(c) is allowed by
statute or regulation. For example, small-quantity generators of less than 100 kilogram of non-
acute hazardous waste per month or less than 1 kilogram of acute hazardous waste per month are
not subject to the LDR. In addition, exempt wastes such as those with an approved case-by-case
extension under 40 CFR 268.5, an approved no migration petition under Section 268.6 or a
/national capacity variance under Part 268 may continue to be land disposed under certain
conditions and are not subject to the storage prohibition during the period of the exemption. These
wastes are not subject to the storage prohibition because the storage prohibition only applies to
10
-------
9555.00-01
wastes that are prohibited from land disposal. (For further discussion see 54 FR 36968
September 6, 1989 and 55 F_R 22660, June 1, 1990.)
Status of the Land Disposal Restrictions
As discussed above, HSWA required EPA to set treatment standards for solvent- and dioxin-
contaimng wastes and California list wastes by certain dates. On November 7, 1986, EPA
promulgated a final rule (51 FR 40572) that established the general framework for the land
disposal restrictions program and established treatment standards for the solvent- and dioxin-
containing wastes. On July 8, 1987 EPA promulgated a final rule (52 FR 25760) establishing
treatment standards for California list wastes containing PCBs and certain halogenated organic
compounds, and codified the statutory prohibitions on liquid corrosive wastes. Also on this date,
statutory prohibitions went into effect for liquid hazardous wastes containing certain metals and
free cyanides. The California list standards were set up as interim treatment standards until more
waste-specific standards could be established.
These two rules prohibit the land disposal of mixed waste that contains RCRA solvents or dioxins
or California list wastes unless treatment standards developed for the hazardous waste portion are
met. In other words, a spent solvent, dioxin or California list mixed waste must be treated to those
concentrations or using the treatment method specified for its hazardous component prior to land
disposal. For example, if a non-liquid mixed waste is identified as hazardous under 40 CFR Pan
261 and it contains greater than 1000 mg/kg halogenated organic compounds (i.e., it is a California
list waste), it must be incinerated as specified in Section 268.42.
HSWA also required EPA to prepare a schedule for restricting the land disposal of all hazardous
waste listed or identified as of the date of the enactment of HSWA, excluding solvent- and dioxin-
containing wastes. On May 28, 1986, EPA published a schedule (51 FR 19300) for setting
treatment standards for the listed and identified hazardous waste. This schedule placed each of the
listed and identified wastes in one of the "Thirds".
EPA promulgated the final rule addressing the First Third wastes on August 17, 1988 (53 FR
31137). In the First Third rulemaking, EPA postponed establishing treatment standards for mixed
waste to the Third Third. (See 53 FR 31137 and amended Section 268.12.) The final rule
establishing treatment standards for the Second Third wastes was published on June 23,1989 (54
FR 26594). As was the case for mixed waste in the First Third, EPA postponed establishing
treatment standards for mixed waste covered under the Second Third until the Third Third.
The Third Third rule was published on June 1, 1990 (55 FR 22520). In the rule, EPA granted
mixed wastes containing scheduled third hazardous wastes a two-year national capacity variance.
EPA also established treatment standards for four categories of mixed waste outlined on page five.
After May 8, 1992, the hazardous portion of all mixed waste must meet the appropriate treatment
standard for all applicable waste codes prior to disposal.
Effects Of the LDR on the Storage and Disposal of Mixed Waste
Consistent with the intent of these regulations, the major impact of the land disposal restrictions on
mixed waste disposal is that, on May 8, 1990, all waste must meet treatment standards prior to
land disposal unless a variance or extension to the effective date is granted. I* may be difficult or
impossible to treat land disposal restricted mixed waste because a shortage of mixed waste
'treatment capacity exists; therefore, variances may be necessary.
Restricted wastes that are exempt from (e.g., wastes granted a national capacity variance) or not
subject to a land disposal prohibition (e.g., wastes that meet specified treatment standards) are also
11
-------
9555.00-01
exempt from or not subject to the storage prohibition. Wastes that do not meet a specific treatment
standard and are not exempt from LDR by statute or regulation are prohibited from storage unless
such storage is solely for the purpose of accumulation of such quantities of hazardous waste as are
necessary to facilitate proper recovery, treatment, or disposal. The storage prohibition does not
affect those scheduled third mixed wastes that are disposed or stored prior to May 8, 1992.
Instead, the prohibition addresses storage of scheduled third mixed wastes first placed into storage
after May 8, 1992 unless these wastes are granted an additional variance.
It is important to note that mixed waste is not the only category of waste where treatment capacity
is or may not be available on an LDR effective date. For example, no incinerators are currently
permitted to treat already-stored prohibited dioxin wastes.
Since all mixed waste is restricted, EPA encourages mixed waste handlers to determine the types
and quantities of mixed waste presently stored or generated and to evaluate the current and future
capacity to treat their wastes. Mixed waste generators may obtain EPA guidance documents on the
definition and identification of mixed waste from the RCRA/Superfund Hotline at 1-800-424-
9346.3
State Authorization and Mixed Waste
EPA formally clarified its position that the hazardous component(s) of mixed waste is subject to
RCRA regulation (see 51 FR 24504, July 3, 1986). In the notice, EPA called for authorized State's
to revise their base programs and incorporate the authority to regulate the hazardous components of
mixed waste. States authorized for the base program were allowed a maximum of two years from
the promulgation of the notice to incorporate the mixed waste authority (i.e., until July 3, 1988).
The July 3,1988 deadline was extended one year to reflect new deadlines promulgated for all State
hazardous waste program modifications called "clusters" on September 22,1986 (51 FR 33712).
To date, there are still a number of States that have not received authorization for the mixed waste
authority. In those States that are authorized for RCRA's base program but which have not
received mixed waste authority, mixed waste is not subject to LDRs including the storage
prohibition until the State is authorized for mixed waste. However, in those States that are not
authorized for RCRA's base program and in States authorized for mixed waste, EPA's LDR
regulations take effect immediately. The exception to this rale will be for wastes promulgated
pursuant to HSWA (e.g., wastes listed pursuant to the toxicity characteristic rale) where the
listings take effective immediately in both authorized and unauthorized States. States and territories
granted mixed waste authorization as of September 1,1990 are:
(1) Colorado
(2) Tennessee
(3) South Carolina
(4) Washington
(5) Georgia
(6) Nebraska
(7) Kentucky
(8) Utah
(9) Minnesota
(10) Ohio
(11) Guam
(12) North Carolina
(13) Michigan
(14) Texas
(15) New York
12
-------
9555.00-01
(16)Idaho
(17) Illinois
(18) Arkansas
(19) Oregon
(20) Kansas
(21) New Mexico
(22) North Dakota
Information on a State's RCRA authorization status may be obtained from the State's hazardous
waste agency or by calling EPA's RCRA/Superfund Hotline at 1-800-424-9346.
Summary
AH mixed waste was subject to the RCRA land disposal restrictions on May 8, 1990 unless it was
disposed of in land based units prior to that date stored, without being removed from storage after
the effective date, is in a State that is authorized for RCRA's base program but has not yet received
authorization for mixed waste, or is a newly identified or listed waste after November 8, 1984 for
which treatment standards have not yet been promulgated. Currently, solvent- and dioxin-
containing mixed wastes and California list mixed wastes have to be treated to the treatment
standard for the hazardous portion of the waste. Treatmemt standards for radioactive mixed waste
that contains scheduled third wastes are not effective due to a two-year national capacity variance;
however, if these wastes are disposed of in RCRA surface impoundments or landfills the unfts
must meet minimum technological requirements. These wastes are also subject to 40 CFR 268.7
reporting and recordkeeping requirements and the California list prohibitions if applicable.
The first step in dealing with LDRs is to determine whether the waste is a RCRA hazardous waste.
Next, it must be established whether a treatment standard has been promulgated for the waste. If
so, it is a restricted waste and subject to certain recordkeeping requirements of 40 CFR 268.7.
Third, it must be determined whether the waste is destined for a prohibited form of land disposal
and whether the treatment standard is in effect for the waste. If so, then the waste is a prohibited
waste subject to all LDR requirements unless the generator or treator has obtained a variance or
extension from the LDRs. However, each mixed waste handler needs to identify the types and
quantities of mixed waste he or she currendy generates and stores to evaluate the present and future
treatment capacity for the waste(s).
13
-------
9555.00-01
Maior Land Disoosal Restriction Rules
(1) November 7, 1986, (51 FR 40572). Final Rule on spent solvent- and dioxin-
containing wastes.
(2) June 4, 1987, (52 FR 21010). Corrections to the November 7, 1986 final rule.
(3) July 8, 1987, (52 FR 25760). Final rule on California List hazardous wastes.
(4) July 26, 1988, (53 FR 28118). Final rule on spent solvent-containing wastes for the
Underground Injection Control Program.
(5) August 16, 1988, (53 FR 30908). Final rule on California List hazardous wastes and
certain scheduled First Third wastes for the Underground Injection Control Program.
(6) August 17,1988, (53 FR 31138). Final rule on First Third scheduled wastes.
(7) October 24, 1988, (53 FR 41601), Corrections to the August 16, 1989 final rule for
the Underground Injection Program.
(8) June 14, 1989, (54 f_R 25416). Final rule on additional First Third scheduled wastes
for Underground Injection Control Program.
(9) June 23, 1989, (54 FR 26594). Final rule on Second Third scheduled wastes.
(10) September 6, 1989, (54 FR 36967). Corrections to August 17, 1988 final rule.
(11) June 1, 1990, (55 FR 22520), Final rule on Third Third scheduled wastes.
14
-------
9555.00-01
U.S. EPA, "Case-By-Case Extensions: A Guidance Document to Support the
Land Disposal Restrictions".
U.S. EPA. "No Migration Variance to the Hazardous Waste Land Disposal
Prohibition: A Guidance Manual for Petitioners. Draft Interim Final"
March 1990. NTIS No. PB 90-204-736.
U.S. EPA, "Guidance on the Definition and Identification of Radioactive
Mixed Waste". January 7. 1989. OSWER Directive Number 9440-1.
U.S. EPA, "Guidance on the Definition and Identification of Commercial
Mixed Waste Low-Level Radioactive and Hazardous Waste and Answers to
to Anticipated Questions". October 4. 1989.
15
------- |