United States Office of Directive: 9347.3-01 FS

Environmental Protection Solid Waste and July 1989

Agency Emergency Response
oEPA
Superfund LDR Guide #1

Overview of RCRA

Land Disposal Restrictions

(LDRs)
The Hazardous and Solid Waste Amendments (HSWA) to the Resource Conservation and Recovery Act (RCRA) - - P.L.
98-616, signed on November 8, 1984 - - include specific provisions restricting the land disposal of RCRA hazardous wastes. The
purpose of these HSWA provisions is to minimize the potential of future risk to human health and the environment by requiring
the treatment of hazardous wastes prior to their land disposal. This guide summarizes the major components of the land disposal
restrictions (LDRs), outlines the types of restrictions imposed, and presents the compliance options specified in the regulation.
Other Superfund LDR Guides are listed at the end of this guide. More detailed guidance on Superfund compliance with the LDRs
is being prepared by the Office of Solid Waste and Emergency Response (OSWER).
DEFINITION OF LAND DISPOSAL
The LDRs place restrictions on the land disposal of
RCRA hazardous wastes. The definition of land disposal
(or "placement," which is synonymous with "land
disposal") under RCRA includes, but is not limited to:
any "placement" of hazardous waste in a
landfill, surface impoundment, waste pile,
injection well, land treatment facility, salt
dome formation, salt bed formation,
undergound mine or cave, and concrete
bunker or vault. (RCRA §3004(k))
The LDRs apply only to RCRA hazardous wastes that
are land disposed or placed. They do not apply to wastes
that are discharged to surface waters (where National
Pollutant Discharge Elimination System (NPDES)
requirements apply) or to Publicly Owned Treatment
Works (where pretreatment requirements apply). The LDRs
also do not apply to contaminated ground water treated
and supplied directly to households (where Maximum
Contaminant Levels (MCLs) generally apply).
It is important to note that the LDRs apply
prospectively to wastes that are land disposed after the
effective date of the restrictions (i.e., the LDRs do not
require that wastes land disposed prior to the date of the
restrictions be removed and treated).
STATUTORY DEADLINES
HSWA directed EPA to establishtreatment standards for
each of seven groups of RCRA hazardous wastes by specific
dates. These dates, referred to as statutory deadlines, will
eventually restrict land disposal of all RCRA hazardous
wastes, as shown in Highlight 1.
Highight 1: LDR STATUTORY DEADLINES
Waste
Statutory Deadline
Spent Solvent and Dioxin-
Containing Wastes
November 8, 1986
California List Wastes
July 8, 1987
First Third Wastes
August 8, 1988
Spent Solvent, Dioxin-
Containing, and
California List Soil and
Debris From
CERCLA/RCRA
Corrective Actions
November 8, 1988
Second Third Wastes
June 8, 1989
Third Third Wastes
May 8, 1990
Newly Identified
Wastes
Within 6 months of
identification as a
hazardous waste
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The statutory deadlines are important because they
are the dates on which RCRA wastes become "restricted,"
although EPA has the authority to restrict a waste before
its statutory deadline. For example, the Agency has
restricted certain Second Third wastes in the First Third
rule and certain Third Third wastes in the June 1989
Second Third rule.
STATUTORY WASTE CATEGORIES
The first category of wastes (refer to Highlight 1)
includes: the F001-F005 spent solvent-containing RCRA
wastes andtheF020-F023 andF026-F028dioxin-containing
RCRA wastes. The second category, the California list
wastes, is a distinct category of RCRA hazardous wastes
described further in Superfund LDR Guide #2. The three
categories of scheduled wastes (i.e., First Third, Second
Third, Third Third wastes) include all listed and
characteristic hazardous wastes identified as of November
8,1984 (excluding the solvent and dioxin wastes mentioned
above). EPA ranked the scheduled wastes based on their
toxicity and volume and placed the highest toxicity/volume
wastes in the "First Third." Soil and debris (see Highlight
2) contaminated with spent solvent- or dioxin-containing
and California list wastes generated during CERCLA
response and RCRA corrective actions were given a
separate statutory deadline. Finally, wastes newly
identified or listed after 1984 must have standards set
within six months of their identification or listing as a
hazardous waste.
Highlight 2: DEFINITIONS OF SOIL AND
DEBRIS
Soil is defined as materials that are
primarily of geologic origin such as sand, silt,
loam, or clay that are indigenous to the
natural geological environment at or near the
CERCLA site. (In many cases, soil is mixed
with liquids, sludges, and/or debris.)
Debris is defined as materials that are
primarily non-geologic in origin such as
grass, trees, stumps, and man-made materials
such as concrete, clothing, partially buried
whole or empty drums, capacitors, and other
synthetic manufacturing items, such as
liners. (It does not include synthetic organic
chemicals, but may include materials
contaminated with these chemicals.)
TYPES OF LDR RESTRICTIONS
As discussed above, a RCRA hazardous waste becomes
"restricted" under the LDRs on its statutory deadline (or
earlier if EPA promulgates the restriction ahead of schedule).
On that date, one of four types of restrictions will apply:
1.	Treatment standards: EPA may set one of three types of
treatment standards for restricted wastes:
#	A concentration level to be achieved prior to
disposal (the most common type of treatment
standard);
#	A specified technology to be used prior to disposal;
or
#	A "no land disposal" designation when the waste is
no longer generated, is totally recycled, is not
currently being land disposed, or no residuals are
produced from treatment.
All three types of treatment standards are established
based on the best demonstrated available technology
(BDAT) identified for that waste.
2.	Minimum technology requirements during a national
capacity extension: When EPA sets a treatment
standard, it may grant a national capacity extension (for
up to two years) if sufficient treatment capacity is not
available for that waste. During a national capacity
extension, the treatment standards set for a waste do not
have to be met. However, if wastes that do not meet the
standards are disposed of in a landfill or surface
impoundment, the receiving unit must meet the RCRA
minimum technology requirements (i.e., double liner,
leachate collection system, and ground-water
monitoring).
When EPA sets treatment standards for Third Third
wastes in May 1990, it may grant a national capacity
extension, but only for up to two years. Therefore, by
May 1992, all national capacity extensions will have
expired. The only exception may be if EPA grants an
extension when it sets treatment standards for newly
identified wastes. Superfund LDR Guide #3 provides
additional information on the minimum technology
requirements.
3.	Soft hammer restrictions: If EPA fails to set a
treatment standard for a First or Second Third
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waste by its statutory deadline, soft hammer
restrictions apply. The soft hammer requirements place
the following restrictions on the disposal of wastes in
landfills and surface impoundments:
#	The receiving unit must meet minimum
technology requirements; and
#	Site managers (OSCs, RPMs as generators) must
determine if treatment is practically available. If
treatment is practically available, the site manager
must use the best practically available treatment
to treat wastes before disposal; if treatment is not
practically available, the wastes may be disposed
of without treatment.
Land disposal in other types of units, such as land
treatment units and waste piles, isnot restricted under
soft hammers, although an LDR notification will be
required for actions involving off-site disposal in such
units.
Soft hammer restrictions remain in effect until EPA
sets a treatment standard, or until May 1990, when the
hard hammer restrictions become effective.
4. Hard hammer restrictions: If EPA fails to set a
treatment standard by the statutory deadlines for
solvent- and dioxin-containing and California list
wastes, or by May 8, 1990, for any of the scheduled
wastes, the hard hammer restrictions prohibit all land
disposal of the affected waste until a treatment
standard is promulgated. To date, the hard hammer
has only fallen for certain California list wastes.
Superfund LDR Guide #4 provides more information
on soft and hard hammer restrictions.
LDR COMPLIANCE OPTIONS
EPA recognizes that not all wastes can be treated to
the LDR treatment standards and that alternative treatment
standards and methods of land disposal may provide
significant reduction in the toxicity, mobility, or volume of
wastes and be protective of human health and the
environment. The LDRs, therefore, provide the following
compliance options to meeting the restrictions discussed
above.
# Treatability Variance: This option is available when
EPA has set a treatment standard as a concentration
level, but because a generator's waste differs
significantly from the waste used to set the
standard, the promulgated treatment standard cannot be
met or the BDAT technology is inappropriate for that
waste. (For the purposes of the LDRs, CERCLA site
managers are considered generators of hazardous
waste.) Under a Treatability Variance, EPA approves an
alternate treatment standard that must be met before that
waste can be land disposed. Superfund LDR Guides #6A
and #6B provide more information for obtaining
Treatability Variances for remedial and removal actions.
#	Equivalent Treatment Method Petition: This option is
available when EPA has set a treatment standard that is
a specified technology (e.g., incineration). Generators
may use a different technology (e.g., chemical treatment)
if they can demonstrate that this technology will achieve
a measure of performance equivalent to that of the
specified technology.
#	No Migration Petition: This option may be used to meet
any of the four types of LDR restrictions. Under this
option, generators may land dispose wastes that do not
meet the LDR restrictions if they can demonstrate that
there will be "no migration" of hazardous constituents
above health-based levels from the disposal unit or
injection zone for as long as the wastes remain
hazardous.
#	Delisting: This option may be used to demonstrate that
a waste is nonhazardous and, therefore, not subject to
any of the RCRA Subtitle C hazardous waste regulations,
including the LDRs. Delisting only applies when the
CERCLA waste is a listed RCRA hazardous waste.
(Characteristic wastes need not be delisted, but they can
be treated to no longer exhibit the characteristic.)
Generators must demonstrate that: (1) the waste does not
meet any of the criteria for which the waste was listed as
a hazardous waste, and (2) other factors (including
additional constituents) do not cause the waste to be
hazardous.
The LDRs also permit a case-by-case extension ofup to
two years, which allows a site-specific extension of the
effective date if a generator has a binding contractual
commitment for treatment capacity and can show that no
capacity currently exists anywhere in the United States. This
option, however, is generally not appropriate for Superfund
response actions.
SOIL AND DEBRIS WASTES
As discussed earlier, the LDRs apply to soil and debris
when they are contaminated with a restricted RCRA
hazardous waste. Because of the complex
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nature of many soil and debris matrices (as compared with
the industrial process wastes upon which the LDR
treatment standards were based), it may be difficult to meet
these standards for wastes mixed with soil and debris.
Consequently, the Agency is undertaking a rulemaking
that will set LDR treatment standards specifically for soil
and debris. Until that rulemaking is completed, however,
site managers may need to obtain a Treatability Variance
for actions addressing contaminated soil and debris.
OTHER LDR REQUIREMENTS
In addition to the four types of restrictions described
above, the LDRs also include the following requirements:
#	Storage Prohibition: The LDRs prohibit the storage of
restricted wastes (including soft hammer wastes)
unless storage is solely for the purpose of
accumulating sufficient quantities of wastes to
facilitate proper treatment, recovery, or disposal. For
periods of up to one year, the burden is generally on
EPA to prove that storage is not needed to facilitate
proper treatment, recovery, or disposal; after one year,
the burden of proof shifts to the storage facility.
Temporary storage used during CERCLA actions to
facilitate proper disposal (e.g., storage while awaiting
sampling results, or while selecting and designing a
remedy) is allowable under the storage prohibition.
#	Exemption for Treatment in Surface Impoundments:
Placing untreated wastes in surface impoundments
(that meet the minimum technology requirements) for
treatment is permissible, provided the treatment
residues that do not meet the LDR treatment standards
or prohibition levels are removed for subsequent
management (through any treatment other than
treatment in another surface impoundment) within one
year of placement into the surface impoundment.
#	Dilution Prohibition: Dilution of a waste as a means to
comply with the LDRs is prohibited. However,
"dilution" that is part of treatment (e.g., mixing for
immobilization) is permissible.
The LDRs also establish requirements for testing,
notification, and certification of compliance.
; Testing: Once it is determined that a waste is restricted
under the LDRs, generators, treatment facilities, or
disposal facilities must test the waste at a frequency
specified in the facility's waste analysis plan to
demonstrate compliance with LDR treatment standards
or California list prohibition levels prior to land disposal.
•	Notification: All restricted wastes that are shipped to an
off-site treatment, storage, or disposal facility must be
accompanied by a notification that includes the EPA
hazardous waste number and the applicable LDR
restriction that is in effect for those wastes.
•	Certification: A treatment facility must certify that the
LDR treatment standards are attained before a restricted
waste is land disposed off-site. (There are also
certification requirements specifically for soft hammer
wastes; see Superfund LDR Guide #4.)
OTHER AVAILABLE SUPERFTJND/LDR
GUIDES
#2 Complying with the California List Restrictions
Under LDRs
#3 Treatment Standards and Minimum
Technology Requirements Under LDRs
#4 Complying With the Hammer Restrictions
Under LDRs
#5 Determining When LDRs are Applicable to
CERCLA Response Actions
#6A Obtaining a Soil and Debris Treatability
Variance for Remedial Actions
#6B Obtaining a Soil and Debris Treatability
Variance for Removal Actions*
#7 Determining When LDRs Are Relevant and
Appropriate to CERCLA Response Actions*
*Currently being prepared in OSWER
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