UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C. 20460
OFFICE OF
SOLID WASTE AND EMERGENCY
MAR I 3 1996 BESPONSE
MEMORANDUM
SUBJECT: Land Disposal Restrictions Phase III Final Rule
FROM:
ice of Solid Waste
,
TO: 'J RCRA-Affiliated Division Directors
Regions I-X
Administrator Browner recently signed the Land Disposal Restrictions (LDR) Phase. Ill
rule, covering decharacterized wastewater, carbamate wastes and spent aluminum potliners.
This rule promulgates concentration-based treatment standards for underlying hazardous
constituents found in characteristic hazardous wastes managed in surface impoundments in
Clean Water Act (CWA) and CWA-equivalent treatment systems^ and injected into Class I
nonhazardous waste injection wells regulated under the Safe Drinking Water Disposal Act.
As you know, the Administration has targeted the treatment standards for the above-
mentioned wastewaters for review in its regulatory reform initiative. Legislation has passed
both houses of Congress that would require the Agency to exempt diluted wastes from LDR
treatment requirements, if they are managed in CWA (or equivalent) systems or a Class I
nonhazardous waste injection well. We expect the President to sign the legislation, in which
case EPA will take appropriate action on this rule. In lieu of applying regulations
immediately to these wastewaters, EPA will need to study the risks associated with managing
once-hazardous wastes in these types of systems. These standards are being promulgated
now because they are required by statute and a legally binding settlement agreement. You
should note that several aspects of the final rule, however, are unaffected by the legislation.
The preamble explains in detail which portions would be affected and which would not.
Recycled/Recyclable
Primed with Say/Canoli Ink on MP« thai
contain* it least 50* recycled liber
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Does the
Facility Generate a
Characteristic Hazardous
Waste that Is Diluted
to Remove the
Characteristic
Facility is Not Subject
to Phase III Treatment
Standards
Does the
Decharacterized
Waste Contain UHCs
as Defined in
§268.2(1)
7
Waste is Not Subject
to Phase III Treatment
Standards
Does the
Facility Segregate
its Characteristic Waste
Stream for Separate Treatment
(By Means Other than
Dilution) to Meet
UTS
Waste Treated to Meet
Universal Treatment
Standards; These Standards
are Enforceable Under RCRA
Is the
Facility a
Member of the
Pulp and Paper
Industry
Facility Is Not Subject
to Phase III Treatment
Standards
Does the
Facilty Manage a
Decharacterized Waste
Using a Land-Based Unit Other
than Subtitle C Surface Impoundments,
Tank-Based Wastewater
Systems or Stormwater
Facility is Not Subject
to Phase III Treatment
Standards
Examine Treatment Standards
for Decharacterized Wastes
Managed in CWA and CWA-
Equivalent Wastewater
Treatment Systems
Direct Dischargers
*Oo to Figure 2
Indirect Dischargers
Go to Figure 3
Zero-Dischargers
*Go to Figure 4
Figure 1. General Applicability Criteria for Treatment Standards for Clean Water Act (CWA) and
CWA-Equivalent Wastewater Treatment Systems
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Examine the Fallowing for
Clean Water Act Direct
Discharging Wastewater
Treatment Systems
Does the
Facility Have
'an NPDES Permit Under"
'§122 or a FDF Variance under''
126 that Covers all UHCs Based on'
Technology-Based Standards,
More Stringent Water-Quality
Based Standards, or Best
sslonal.
<§12S.3
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Examine the Following for
Clean Water Act Indirect
Discharging Wastewater
Treatment Systems
Does the
Facility Have
PSES. PSNS. FDF
Variance or Local Indirect
Discharge Limits
forAIIUHCs
7
The CWA Standards are Considered
to Be the RCRA Treatment Standards
These Standards are Enforceable
Under the CWA.
Has
the Facility
Obtained a Modiflcaton
of Its Local Limits to
Include UmHatio
forAIIUHCs
'Facility Seeir
r a Variance from a"
Treatment Standard
'Under § 268.44 (This Includes^
a Demonstration that the Facility
is Treating the Waste Using
a Properly Designed
vand Operated PSES^
System)
the EPA'
' Administrator'1
Granted the
Variance
N
N
The Facility Is Not Subject to
Phase III Treatment Standards.
The Owner/Operator is Required
to Comply with the Applicable
Provisions of §268.44 and §268.7.
• The Facility Must Treat its Wastewater
by a Means Other than Dilution to Achieve
the UTS Levels for all UHCs as Required
By §268.3 and §268.9; Compliance Is
Required at the End-of-Pipe, and Is
Enforceable Under RCRA.
• The Facility Must Monitor Compliance
with the UTS Standard for Each UHC
at the End-of-PIpe on a Quarterly
Basis; Results Must Be Kept In Facility
On-slte Files as Required By §268.9(e).
Figure 3. Applicability Criteria and Treatment Standards for Decharacterized Wastes Managed
in Clean Water Act Indirect Discharging Wastewater Treatment Systems
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Examine the Following for Clean Water Act -
Equivalent Zero-Discharging Wastewater
Treatment Systems
Is the
'DecharacterizwT
''Waste Land Disposed
Je.g., Spray Irrigation.^
JLmd Fanning)
N
Waste Is Not Subject
to Phase III Treatment
Standards
'Does the
Facility Have
"a State-Implemented"
VCWA or CWA-Equivaterrt,
^Permit that Covers.,
all UHCs
The State Standards are
Considered to Be the RCRA
Treatment Standards; These
Standards are Enforceable
By the State Permitting
Authority.
Doesthe^
Facility Seek"
a Variance from a
Treatment Standard
Under §26844 (This Includes
a Demonstration that the Facility
Is Treating the Waste Using
a Property Designed and>
' .Operated BAT
System)
- The Facility Must Treat its Wastewater by a
Means Other than Dilution to Achieve the
UTS Levels for all UHCs as Required By
§268.3 and §268.9; Compliance is Required
at the Point Just Prior to Placement on the
Land, and Is Enforceable Under RCRA.
- The Facility Must Monitor Compliance
with the UTS Standard for Each Constituent
at the Pointer-Discharge on a Quarterly
Basis; Results Must Be Kept In Facility
On-stte Files as Required By §t68.9(e|.
'Administrator1'
Granted the
Variance
Jtequec
The Facility Is Not Subject to
Phase III Treatment Standards.
The Owner/Operator is Required
to Comply with the Applicable
Provisions of §268.44 and §268.7.
N
Figure 4. Applicability Criteria and Treatment Standards for Decharacterized Wastes Managed
in Clean Water Act - Equivalent Zero-Discharging Wastewater Treatment Systems
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Does the
Facility Inject
'(l.e.. Land Dispose)"
a Decharacterized
Waste into a Class I
Non-Hazardous
^Injection Vtfell^
Facility is Not Subject
to Phase III Treatment
Standards
Does Uw
Facilty Segregate"*
Its Characteristic Waste^
^Stream for Separate Treatmen
(By Means Other than
.Dilution) to Meet,
UTS
Does the1
'Deed
: Waste Contain UHCsJ
as Defined in.
268.2(iL
Waste Treated to Meet
Universal Treatment
Standards; These Standards
are Enforceable Under RCRA
Waste is Not Subject
to Phase III Treatment
Standards
Has
the Facility
No-Migration
Variance Under
§148.20
Has
the Facility
eiveda Treatabil
Variance Under
§268.44
Does the
Waste Meet the
DeMinimis Volume
Exclusion Under
268.1(e)(4
Does the
Facility Meet the
llution Prevention Compliance
Option Under
§268.9(d)(3)
7
Facility May Inject Wastes
Without Meeting Phase III
Treatment Standards
Facility is Not Subject to Phase III
Treatment Standards; Rather. Facility
is Subject to Alternative Treatment
Standards
Facility May Inject Without Having
to Treat to Meet Phase III Treatment
Standards. Generators Must Place
a One-Time Notice In Their Files as
Required Under §268.9(d) and §268.9(f).
Facility May Inject Without Having
to Treat to Meet Phase III Treatment
Standards. Facility Must Monitor
and keep On-Site Records of Results
on a Quarterly Basis as Required By
§268.B(e).
N
• The Facility Must Treat Its Wastewater
by a Means Other than Dilution to Achieve
the UTS Levels for all UHCs as Required
By §268.3 and §268.9; Compliance is
Required at the Polnt-oMnjectlon. and Is
Enforceable Under RCRA.
• The Facility Must Monitor Compliance
with the UTS Standard for Each UHC
at the Point-oMnjectlon on a Quarterly
Basis; Results Must Be Kept in Facility
On-site Files as Required By §268.9(e).
Figure 5. General Applicability Criteria and Treatment Standards for SDWA-Regulated Facilities Discharging
Decharacterized Waste Into Class I Non-Hazardous Injection Wells
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