United States	Office of	Super-fund Publication:
Environmental Protection	Solid Waste and	9347.3-04FS
Agency	Emergency Response	July 1989
&EPA	Superfund LDR Guide #4
Complying With the Hammer
Restrictions Under Land
Disposal Restrictions (LDRs)
CERCLA response actions must comply with the Resource Conservation and Recovery Ad (RCRA) Land
Disposal Restrictions (LDRs) when they are determined to be applicable or relevant and appropriate requirements
(ARARs). Compliance with the LDRs will involve meeting the LDR treatment standards, minimum technology
requirements during a national capacity extension, the soft or hard hammer restrictions, or satisfying the requirements
of one of the other LDR compliance options (i.e., Treatability Variance, Equivalent Treatment Method Petition, No
Migration Petition, or Delisting). This guide discusses complying with LDR soft hammer and hard hammer
provisions, which are restrictions on the disposal of hazardous wastes if EPA does not promulgate standards by the
statutory deadlines. More detailed guidance on Superfund compliance with the LDRs is being prepared by the Office
of Solid Waste and Emergency Response (OSWER).
SOFT HAMMER WASTES
If the Agency fails to set treatment standards for
First or Second Third wastes by their specified
statutory deadline (August 8, 1988, and June 8, 1989,
respectively), the wastes become restricted under the
soft hammer provisions until EPA sets a treatment
standard for them, or until May 8, 1990, when the
"hard hammer" provisions will fall. The soft hammer
provisions specify certain restrictions that may have to
be met before the wastes can be land disposed. The
hard hammer provisions prohibit all land disposal of
the wastes. Highlight 1 lists F- and K-wastes that are
soft hammer wastes (as of June 8, 1989).
Soft Hammer Restrictions
The LDR soft hammer provisions prohibit the
disposal of wastes in surface impoundment or landfill
units unless:
(1) The receiving unit meets the RCRA minimum
technology requirements (i.e., the unit must have
two or more liners, a leachate collection system,
and a ground-water monitoring system) or have an
equivalent RCRA retrofitting waiver. These
waivers are described in RCRA §3005(j)(2), which
requires that a unit be at least one-quarter of a
mile from an underground drinking source, and
Highlight 1 - F and K SOFT HAMMER WASTES (as of June 8, 1989)*
Waste



Waste



Code
Physical Form
Code
Physical Form

F006
wastewaters


K046
wastewaters
and
nonwastewsters
F019
wastewaters
and
nonwastewaters
K060
wastewaters


K00*
wastewaters
and
nonwastewaters
K061
wastewaters


K008
wastewaters
and
nonwastewaters
K069
wastewaters
and
nonwastewaters
K011
wastewaters


K073
wastewaters
and
nonwastewaters
K013
wastewaters


K083
wastewaters
and
nonwastewaters
KO14
wastewaters


K084
wastewaters
and
nonwastewaters
K017
wastewaters
and
nonwastewaters
K085
wastewaters
and
nonwastewaters
K021
wastewaters


K086
wastewaters


K022
wastewaters


K095
wastewaters


K025
wastewaters


K096
wastewaters


K029
wastewaters


K097
wastewaters
and
nonwastewaters
K031
wastewaters
and
nonwastewaters
K098
waatewaters
and
nonwastewaters
K035
wastewaters
and
nonwastewaters
K101
nonwastewaters

K036
wastewaters


K102
nonwastewaters

K0A1
wastewaters
and
nonwastewaters
K105
wastewaters
and
nonwastewaters
K042
wastewaters
and
nonwastewaters
K106
wastewaters
and
nonwastewaters
* For a complete listing oI soft hanmer wast* restrictions, including all P and U wastes that are restricted,
consult with EPA Headquarters.

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RCRA §3005(j)(4), which requires that the unit be
designed and operated such that there will be no
migration of hazardous constituents into ground or
surface water.
Waivers granted to units utilizing aggressive
biological treatment (RCRA §3005(j)(3)) or
undergoing corrective action (RCRA §3005(j)(13))
are not automatically considered equivalent to units
in compliance with the minimum technology
requirements. However, they may satisfy the
§3004(o)(2) equivalency standard on a unit-by-unit
basis.
(2) Site managers (OSCs, RPMs) certify that they have
made a good faith effort to locate and to contract
with treatment and recovery facilities for treatment
that is "practically available." If such treatment is
"practically available," the manager must use the
best, practically available treatment (see Highlight
2) to treat the wastes before they are land
disposed. If there is no "practically available"
treatment, the soft hammer wastes may be disposed
of without treatment in units meeting the
requirements listed in (1).
Highlight 2 - GUIDE TO "PRACTICALLY
AVAILABLE" AND "BEST" TREATMENT
¦Practically Available - Site managers may
consider cost in determining what treatments
are "practically available" according to the
following cost ratio:
Cost of treatment, shipment, and disposal
Cost of shipment and disposal
-	A ratio of 2.0 or greater (i.e.. the cost
of treatment at least doubles the cost of
disposing of the waste without treatment)
generally is not "practical";
-	A ratio between 1.5 and 2.0 generally is
practical unless, on a case-by-case basis,
the site manager can demonstrate why this
treatment should not be considered
practical; and
-	A ratio of 1.5 or less generally is
practical.
This cost ratio is only a Ruldellne for making
decisions about practically available
treatments; it is not a rule.
¦Best Treatment - Of the treatment technologies
that are "practically available," site managers
are required to use the technology that yields
the greatest environmental benefit. In
general, EPA favors recycling/recovery as the
best method for treating a waste. The next
best general category of treatment is
destruction (thermal or chemical), especially
for organic wastes. Where neither recovery nor
destruction is available or appropriate,
immobilization of the wastes may be considered
"best," especially for inorganic wastes.
Soft hammer wastes disposed of in units other than
surface impoundments or landfills do not have to meet
the soft hammer restrictions before land disposal.
However, these wastes must comply with the LDR
notification requirements and other LDR restrictions,
such as storage prohibition. (The storage prohibition
restricts the storage of soft hammer wastes unless it is
solely for the purpose of accumulating sufficient
quantities to facilitate proper treatment, recovery, or
disposal.)
Soft Hammer Requirements for Notifications,
Certifications, and Demonstrations
When soft hammer wastes are land disposed or
treated off-site, site managers must comply with the
LDR notification, certification, and demonstration
requirements. When treatment and land disposal occur
on-site, site managers must only meet the
demonstration requirements. (The notification and
certification requirements are administrative
requirements and do not have to be met for on-site
actions.) The specific notification requirements,
including to whom and when they must be sent and
the required language from 40 CFR Part 268, are
shown in Highlight 3 for each of these categories.
California List and Soft Hammer Overlap
Certain soft hammer wastes also may be California
list wastes, in which case they may be subject either to
the California list or soft hammer requirements. If a
waste is restricted by soft hammer and California list
restrictions, site managers should meet the more
stringent standard for the waste.
¦	If treatment standards have been promulgated for
a California list waste that is also a soft hammer,
the California list treatment standard must be met
for the waste before it is land disposed of into any
type of unit. In this case, the soft hammer
restrictions and notification, certification, and
demonstration requirements do not apply.
¦	If treatment standards have QQi been promulgated
for a California list waste that is also a soft
hammer, and the \yaste is to be land disposed in
a surface impoundment or landfill, one of two
situations may arise:
(1)	If treatment is "practically available," a site
manager must use the "best" treatment to meet
the soft hammer requirements.
(2)	If treatment is not "practically available," the
waste still must, at a minimum, be treated to
below the California list prohibition levels
before being land disposed to satisfy the
California list restrictions.

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Ii
Highlight 3 - SOFT HAMMER NOTIFICATION, CERTIFICATION, AND DEMONSTRATION
REQUIREMENTS
REQUERfMENT
SENT TO
WHEN
REQUIRED INFORMATION
IF LAND DISPOSAL OCCURS IN SURFACE IMPOUNDMENT OK LANDFILL UNITS
NOTIFICATION
(off-site only)
Treatment or
disposal
facility
receiving
waste
With each
waste
shipment
Notification that the waste is a soft hammer
waste. Specific information includes:
-	EPA hazardous waste number;
-	Any applicable prohibitions (e.g., soft
hanroer provision);
-	Manifest number associated with shipment of
waste; and
-	Waste analysis data, where available.
CERTIFICATION -
If treatment is
not practically
available
(off-site only)
CERTIFICATION -
If treatment is
practically
available
(off-site only)
EPA Regional
Administrator
and
Disposal
facility
receiving
waste
EPA Regional
Administrator
and
Treatment
facility
receiving
waste
At time of
first waste
shipment and
copy with
each waste
shipment
At time of
first waste
shipment and
copy with
each waste
shipment
Certification should appear as follows:
"EPA certifies under penalty of law that the
requirements of AO CFR 268.8(a)(1) have been met
and that disposal in a landfill or surface
impoundment is the only practical alternative to
treatment currently available. EPA believes (.hat
the information submitted is true, accurate, and
complete. EPA is aware that there are significant
penalties for submitting false information,
including the possibility of fine and
imprisonment."
Certification should appear as follows:
"EPA certifies under penalty of law that the
requirements of *0 CFR 268.8(a)(1) have been
met and that the agency has contracted to treat
its waste (or will otherwise provide treatment)
by the practically available technology which
yields the greatest environmental benefit, as
indicated in its demonstration. EPA believes that
the information submitted is true, accurate, and
complete. EPA is aware that there are significant
penalties for submitting false information,
including the possibility of fine and
imprisonment."
DEMONSTRATION -
If no treatment
is available
(off-site and
on-site)
DEMONSTRATION -
If treatment
is available
(off-site and
on-site)
EPA Regional
Administrator
EPA Regional
Administrator
At time of
first waste
shipment
At time of
first waste
shipment
List of facilities and facility officials
contacted, addresses, telephone numbers, and
contact dates. Also, a written discussion of
when treatment or recovery is not practical
for the waste.
List of facilities and facility officials
contacted, addresses, telephone numbers, and
contact dates. Provide information on the
chosen treatment technology selected because
it provides the greatest environmental benefit.
In both cases, site managers must meet the
appropriate soft hammer notification, certification,
and demonstration requirements.
If the waste will be land disposed in a unit other
than a surface impoundment or landfill (e.g., waste
pile), the waste must, at a minimum, be treated below
the California list prohibition level before being land
disposed. The soft hammer restrictions do not apply,
and a site manager does not have to meet the soft
hammer notification, certification, and demonstration
requirements.
More information on California list wastes and
their overlap with soft hammer wastes is found in LDR
Guide #2. A step-by-step process to comply with the
soft hammer restrictions is shown in Highlight 4.

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HARD HAMMER WASTES
The hard hammer provisions prohibit land disposal
of restricted wastes if EPA fails to promulgate
treatment standards by the statutory deadlines for
solvent- and dioxin-containing and California list wastes
and by May 8, 1990, for all of the scheduled wastes.
The deadlines for these wastes are shown in Highlight
5. At present, the hard hammer provisions have only
fallen for California list cyanides and metals. EPA has
also codified statutory prohibition levels for California
list corrosive wastes and dilute HOC wastewaters.
Codification of the prohibition levels has the same
effect as letting the hard hammer fall: land disposal
of these wastes is prohibited when wastes are found in
concentrations above the prohibition levels.
There are only two exceptions to the prohibition
on land disposal of the hard hammer wastes: delisting
and a No-Migration Petition. Delisting is a general
option for demonstrating that a listed waste is no
longer hazardous that is available under RCRA §260.20
and §260.22. The process to obtain No-Migration
Petitions is specified in RCRA §268.6. To obtain a
Petition, disposal facilities demonstrate that there will
be no migration of hazardous constituents from the
disposal unit or injection zone for as long as the waste
remains hazardous. This is a rulemaking petition and
is expected to require extensive documentation.
Highlight 5: HARD HAMMER DEADLINES
Waste
Hard Hammer Statutory
Deadline
Solvent &
dioxin wastes
November 8, 1986
California
list wastes
July 8, 1987
CERCLA/RCRA
corrective action
soil and debris
contaminated with
solvent and dioxin
and California
list wastes
November 8, 1988
Scheduled wastes
(1st Third, 2nd
Third, and 3rd
Third wastes)
May 8, 1990

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