United States
Environmental Protection
Solid Waste
and Emergency Response
January 1992
Office ol Solid Waste
EPA Environmental
Fact Sheet
Clarification on the Timing for
Retrofitting Surface Impoundments
Under the Land Disposal Restrictions
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.

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
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.