United States
Environmental Protection
Agency
Solid Waste and
Emergency Response
(OS-305)
EPA/530-F-92-020
August 1992
Office of Solid Waste
EPA Environmental
Fact Sheet
PROPOSED "NO MIGRATION"
VARIANCES TO THE LAND
DISPOSAL RESTRICTIONS
OF HAZARDOUS WASTES
Background
The 1984 amendments to the Resource Conservation and Recovery
Act (RCRA) established a phased prohibition against the continued
land disposal of untreated hazardous waste - the Land Disposal
Restrictions Program. This prohibition became effective for different
categories of wastes from November 1986 to May 1990.
RCRA authorizes the Environmental Protection Agency (EPA) to
grant a variance from the land disposal restrictions to allow land
disposal of untreated hazardous waste in certain circumstances. In
order for EPA to grant a "no migration" variance, an owner or operator
of a facility must successfully demonstrate that the hazardous
constituents of an untreated hazardous waste will not migrate from the
disposal unit or injection zone for as long as the waste remains
hazardous.
To date, EPA has promulgated procedural requirements for
petitioning EPA for a variance, and for complying with a variance once
granted. EPA has also promulgated criteria for granting no migration
variances to underground injection wells.
EPA is now proposing a comprehensive, substantive, and procedural
framework for no migration petitions. This rule will apply to all types
of land disposal units (other than underground injection wells),
including landfills, surface impoundments, waste piles, land treatment
units, salt dome formations, salt bed formations, underground mines,
caves, vaults, and bunkers.
Action

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This proposed rule interprets "no migration" as not exceeding
health-based levels at the boundary of the land disposal unit for as
long as the wastes remain hazardous. This approach is consistent with
that already in effect for underground injection wells. Petitioners
would be required to make this demonstration for ground water,
surface water, soil and air.
EPA is also making a draft guidance document available to the
public entitled, "No Migration Variances to the Hazardous Waste Land
Disposal Prohibitions: A Guidance Manual for Petitioners." This
manual presents advice on what technical procedures should be used
to make the no migration demonstration.
Pending issuance of the final no migration rule, EPA will accept and
make decsions on individual petitions through a full notice and
comment rulemaking process.
EPA is requesting public comment on this proposed rule. There will
be a public comment period of 45 days following the publication of the
proposal in the Federal Register.
Contact
For further information or to order a copy of the Federal Register
notice, please contact 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; or for the hearing impaired, TDD (800) 553-7672. In
Washington, D.C., the number is (703) 920-9810 or TDD (703)
486-3323. Or write to the RCRA Information Center (OS-305), U.S.
EPA, 401 M Street S.W., Washington, DC 20460.
The guidance document (PB92-207 695) is available from the
National Technical Information Service at 5285 Port Royal Road,
Springfield, VA 22161. The national toll-free number is (800)
336-4700.

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