United States Environmental Protection Agency Solid Waste and Emergency Response (OS-305) EPA530-F-92-001 January 1992 Office ol Solid Waste EPA Environmental Fact Sheet Clarification on the Timing for Retrofitting Surface Impoundments Under the Land Disposal Restrictions Rule Background The land disposal restrictions program of the Resource Conservation and Recovery Act (RCRA) requires EPA to promulgate treatment standards for newly listed or characteristic hazardous wastes. According to Section 3005(j)(6) of RCRA, owners of surface impoundments are given four years from the date of EPA's promulgation of a newly listed or characteristic hazardous waste to retrofit their surface impoundments that manage these wastes so that they comply with the minimum technological requirements for surface impoundments. Under the land disposal restrictions program, EPA sets treatment standards for hazardous waste destined for land disposal and determines whether the nation has enough capacity for treating waste to meet these standards. If it has been determined that there is insufficient treatment capacity, EPA will extend the effective date of the treatment standards for up to two years. EPA may also extend the effective date for individual facilities on a case-by-case basis. The statutory conflict concerns whether untreated newly identified hazardous wastes that have been granted such an extension may be placed in unlined surface impoundments during the variance period, or whether only impoundments that already meet the minumum technological requirements may be used, as Section 3004(h)(4) of RCRA states. EPA proposes to harmonize the conflicting provisions of Sections 3004(h)(4) and 3005(j)(6) by allowing interim status surface impoundments brought into the Subtitle C regulatory system to have four years to retrofit to meet the minimum technological requirements of Section 3004(o), even in those instances when national capacity variances or case-by-case extensions are in effect. Action ------- Conclusion It is hoped that this rule will resolve the conflict as to when surface impoundments receiving wastes that are newly identified or listed as hazardous and granted a national capacity variance or case-by-case extensions must be in compliance with the minimum technological requirements. Public Comment Public comments should be sent to EPA within 45 days of the publication date of the Federal Register notice announcing this proposed rule. For instruction on submitting written comments, please consult the notice. It may be obtained at no charge by calling the RCRA Hotline or by visiting EPA's RCRA Docket in Washington, D.C. For More Information To obtain further information, a copy of the Federal Register notice, or other fact sheets on the land disposal restrictions program, please call the RCRA Hotline Monday through Friday, 8:30 a.m. to 7:30 p.m. EST. The national toll-free number is (800) 424-9346; for the hearing impaired it is (TDD) (800) 553-7672. In Washington, D.C., the number is (703) 920-9810 or TDD (703) 486-3323. ------- |