Offices of Solid Waste
and Emergency Response
& Enforcement and Compliance Assurance
EPA530-R-01-007
www.epa.gov/osw
Land Disposal
Restrictions:
Summary
of Requirements
Revised August 2001
-------
NOTICE
Development of this document was funded, wholly or in part, by the United States
Environmental Protection Agency under Contract No. 68-W4-0005 and 68-W-98-025. It has
been subjected to the Agency's review process and approved for publication as an EPA
document.
The policies and procedures in this document are intended solely to assist in the implementation
of and compliance with promulgated regulations. They are not intended and cannot be relied
upon to create any rights, substantive or procedural, enforceable by any party in litigation with
the United States. The Agency reserves the right to act at variance with these policies and
procedures and to change them at any time with or without public notice.
DISCLAIMER
This document presents a brief summary of the Land Disposal Restrictions regulations. It is not
meant to be a complete or detailed description of all applicable LDR regulations. For more
information concerning specific requirements, consult the Federal Registers cited and the Code of
Federal Regulations, Title 40, Parts 124 and 260 through 271.
ACKNOWLEDGMENT
This document was developed by the Environmental Protection Agency's Office of Solid Waste
(OSW) and Office of Enforcement and Compliance Assurance (OECA) with support from EPA
contractor Science Applications International Corporation (SAIC).
-------
LDR SUMMARY OF REQUIREMENTS
TABLE OF CONTENTS
Page
Section Number
I. INTRODUCTION 1-1
1.1 What Is the Purpose of this Document? 1-1
1.2 How Did the LDR Program Originate? 1-2
1.3 Why Is the LDR Program Important? 1-3
1.4 Where Can I Go for Further Compliance Assistance? 1-4
II. WHO IS SUBJECT TO LDR REGULATIONS? 2-1
2.1 What Is the Purpose of this Chapter? 2-1
2.2 Do You Generate, Treat, Store or Dispose of Hazardous Waste?
(Step 1) 2-1
2.3 What Are the Mixture and Derived-From Rules? 2-3
2.4 Do My Wastes Qualify for Any Exemptions? (Step 2) 2-5
2.5 Are My Hazardous Wastes Destined for Land Disposal? (Step 3) 2-6
2.6 What Is the Difference Between Restricted and Prohibited Wastes? 2-6
IE. THE DISPOSAL PROHIBITION AND TREATMENT STANDARDS 3-1
3.1 What Is the Purpose of this Chapter? 3-1
3.2 Which Treatment Standard Table Applies to the Hazardous
Waste at My Facility? 3-1
3.3 What Are the Treatment Standards? 3-2
3.4 What Are the Numerical Standards? 3-4
3.5 What Are the Required Technology Standards? 3-4
3.6 Are There Special Requirements for Characteristic Wastes? 3-7
3.6.1 What Are the Standards for Underlying Hazardous
Constituents? 3-7
3.6.2 What Are the Treatment Standards for Characteristic Wastes? 3-10
3.6.3 What Are the Standards for Wastes that are Both
Listed and Characteristic? 3-14
3.6.4 What Are the Standards for Management in Clean Water
Act (CWA), Clean WaterAct-equivalent, and Safe Drinking
Water Act (SOWA) Injection Well Systems? 3-14
IV. ALTERNATIVE TREATMENT STANDARDS 4-1
4.1 What Is the Purpose of this Chapter? 4-1
4.2 Why Did EPA Develop Alternative Treatment Standards? 4-1
4.3 What Are the Hazardous Debris Alternative Treatment Standards
(40 CFR 268.45)? 4-1
4.3.1 What Is Hazardous Debris? 4-1
4.3.2 What Wastes Are Covered by the Alternative Hazardous
Debris Treatment Standards? 4-2
-------
LDR SUMMARY OF REQUIREMENTS
4.3.3 What Are the Alternative Treatment Standards for
Hazardous Debris? 4-3
4.4 What Are the Alternative Soil Treatment Standards (40 CFR 268.49)? 4-9
4.4.1 Background 4-9
4.4.2 What Are the Alternative Soil Treatment Standards? 4-9
4.4.3 Why Did EPA Develop Alternative Soil Treatment Standards? 4-10
4.4.4 Why Are Contaminated Soils Regulated As Hazardous Waste? 4-10
4.4.5 When Do Hazardous Soil Alternative Treatment Standards
Apply to Hazardous Contaminated Soils? 4-11
4.4.6 When Are Alternative Soil Treatment Standards Available in
Authorized and Unauthorized States? 4-12
4.4.7 When Do Treatment Standards Apply to Soils Contaminated by a
Listed Waste? 4-13
4.4.8 What LDR Treatment Standards Apply to Soils Contaminated by
Listed Waste? 4-14
4.4.9 When May Soils Contaminated by a Listed Waste Be
Disposed in a Nonhazardous Waste (Subtitle D) Landfill? 4-15
4.4.10 How Do Treatment Standards Apply to Soils That Exhibit a
Hazardous Waste Characteristic When Generated? 4-15
4.4.11 What LDR Treatment Standards Apply to Soils That Exhibit a
Hazardous Waste Characteristic When Generated? 4-16
4.4.12 When May Soils That Exhibit Only a Hazardous Waste Characteristic
When Generated be Disposed in a Nonhazardous Waste (Subtitle D)
Landfill? 4-17
4.4.13 How is Compliance with the Alternative Soil Treatment
Standards Measured? 4-17
4.4.14 How Are Nonanalyzable Constituents Treated Using the Soil
Treatment Standards? 4-18
4.4.15 How Are Treatment Residuals Resulting from Application of the
Alternative Soil Treatment Standards Managed? 4-19
4.4.16 Can I Obtain a Site-specific Variance from the LDR
Treatment Standards? 4-19
4.4.17 Does the Variance Take into Account Natural
Background Levels? 4-20
4.5 What Is the Alternative Treatment Standard for Lab Pack Wastes
(40 CFR 268.42(c))? 4-22
V. OTHER PROHIBITIONS 5-1
5.1 What Is the Purpose of this Chapter? 5-1
5.2 What Is the Dilution Prohibition (40 CFR 268.3)? 5-1
5.2.1 When Is the Dilution of Characteristic Waste Permissible? 5-2
5.2.2 When Is the Combustion of Metal-Bearing Waste Permissible? 5-4
5.3 What Is the Storage Prohibition (40 CFR 268.50)? 5-5
5.3.1 What Are the Conditions for Storing PCB Wastes? 5-5
ll
-------
LDR SUMMARY OF REQUIREMENTS
VI. RECORDKEEPING REQUIREMENTS 6-1
6.1 What Is the Purpose of this Chapter? 6-1
6.2 What Are the General Notification and Recordkeeping Requirements? 6-1
6.3 What Are the Generator's Responsibilities? 6-1
6.4 What Are the Special Recordkeeping Requirements for Characteristic
Wastes (40 CFR 268.9)? 6-5
6.5 What Are the Notification and Certification Requirements for
Lab Packs? 6-7
6.6 What Are the Notification and Certification Requirements for
HTMR Wastes? 6-7
6.7 What Are the Notification Requirements for Hazardous Debris? 6-8
6.8 What Are the Notification and Certification Requirements for
Contaminated Soils? 6-9
6.9 What Are the Recordkeeping Requirements for Treatment and
Disposal Facilities? 6-10
VII. VARIANCES, EXTENSIONS, AND EXEMPTIONS 7-1
7.1 What Is the Purpose of this Chapter? 7-1
7.2 What Is a National Capacity Variance (40 CFR 268.30-268.39)? 7-1
7.3 When Is a Case-by-Case Extension Granted (40 CFR 268.5)? 7-2
7.4 What Is a Variance From the Treatment Standard (40 CFR 268.44)? 7-3
7.5 When Is a Determination of Equivalent Treatment Variance Granted
(40 CFR 268.42(b))? 7-6
7.6 When Is a No-Migration Variance Granted (40 CFR 268.6)? 7-7
7.7 When Is a Surface Impoundment Exemption Granted (40 CFR 268.4 and
40 CFR 268.14)? 7-7
VIE. SPECIAL ISSUES 8-1
8.1 What Is the Purpose of this Chapter? 8-1
8.2 What Is the Point of Generation? 8-1
8.3 Site Remediation Issues 8-4
IX. HISTORICAL CONTEXT 9-1
9.1 What Is the Purpose of this Chapter? 9-1
9.2 HSWA Mandate 9-1
9.3 Early Rulemakings 9-1
9.4 The Phases 9-2
9.5 Historical Research 9-3
ill
-------
LDR SUMMARY OF REQUIREMENTS
LIST OF FIGURES
Figure 2-1. Hazardous Waste Identification 2-4
Figure 3-1. Underlying Hazardous Constituents 3-9
Figure 4-1. Alternative Debris Treatment Standards 4-6
Figure 4-2. Alternative Soil Treatment Standards 4-21
Figure 4-3. Wastes Prohibited From Lab Packs 4-22
Figure 5-1. Dilution Decision Chart 5-3
Figure 6-1. Generator LDR Notification Requirements Checklist 6-3
Figure 9-1. Land Disposal Restrictions Regulation Federal Registers 9-4
LIST OF APPENDICES
Appendix A: Glossary of Terms
Appendix B: List of Regional Enforcement Contacts
Appendix C: Management of Remediation Wastes Under RCRA Memorandum
Appendix D: Recommended Technologies to Achieve Deactivation of Characteristics
IV
-------
LDR SUMMARY OF REQUIREMENTS
LIST OF ACRONYMS
BTU British Thermal Unit
BDAT Best Demonstrated Available Technology
CAMUs Corrective Action Management Units
CFR Code of Federal Regulations
CWA Clean Water Act
DRE Destruction and removal efficiency
EPA Environmental Protection Agency
EDF Environmental Defense Fund
HOC Halogenated Organic Compounds
HSWA Hazardous and Solid Waste Amendments
HTMR High Temperature Metals Recovery
kg kilogram
LDR Land Disposal Restrictions
mg/L milligrams per liter
mg/kg milligrams per kilogram
mm millimeter
MTR Minimum Technological Requirements
NPDES National Pollutant Discharge Elimination System
NWW Nonwastewater
OECA Office of Enforcement and Compliance Assurance
PCB Polychlorinated Biphenyls
POTW Publicly Owned Treatment Works
ppm part per million
RCRA Resource Conservation and Recovery Act
TCLP Toxicity Characteristic Leaching Procedure
TOC Total Organic Carbon
TSDF Treatment, Storage, and Disposal Facility
UIC Underground Injection Control
UTS Universal Treatment Standards
TSS Total Suspended Solids
-------
LDR SUMMARY OF REQUIREMENTS
1.
INTRODUCTION
1.1 What Is the Purpose of this Document?
The purpose of this document is to provide you with a usable summary of the
requirements of the Land Disposal Restrictions (LDR) program. The LDR
program under 40 CFR Part 268 has grown and changed since its introduction in
1986. The Environmental Protection Agency (EPA) made significant efforts over
the years to address public and industry suggestions for improvement by
streamlining the program and providing compliance assistance. This document is
organized in a question-answer format to provide information about LDR
regulations that may apply to your facility and is designed to meet the following
objectives:
Clarify the requirements of the LDR program;
Explain how the regulations work so that your facility's level of effort is
reduced.
The document is organized in the following manner:
Chapter 1 introduces and discusses the LDR program and provides information
about obtaining additional compliance assistance.
Chapter 2 clarifies who is subject to the LDR program. This chapter summarizes
how to identify whether your waste is hazardous and how to treat your hazardous
waste to comply with the LDR requirements. This chapter also introduces key
terms that may be encountered as you read the LDR regulations.
Chapter 3 and Chapter 4 introduce and describe the disposal prohibition and
treatment standards. The treatment standards are the requirements at the heart of
this program. These chapters are designed to help you determine which treatment
standards apply to your hazardous waste or whether your waste qualifies for
alternative standards.
INTRODUCTION 1-1
-------
LDR SUMMARY OF REQUIREMENTS
Chapter 5 explains two specific LDR hazardous waste management
requirements: the dilution prohibition and the storage prohibition.
Chapter 6 discusses recordkeeping requirements for the LDR program. The
chapter helps you determine which records to prepare, submit, and keep at your
facility.
Chapter 7 describes the variances, extensions, and exemptions under the LDR
program that may apply to the waste you are managing.
Chapter 8 provides in-depth discussion of the two most frequently asked
questions about the LDR program hazardous waste point of generation and site
remediation issues.
Chapter 9 provides a historical context to the LDR program because it may be
helpful to understand how this program evolved and why certain provisions in the
LDR program were promulgated.
1.2 How Did the LDR Program Originate?
Congress created the LDR program on November 8, 1984 as part of the
Hazardous and Solid Waste Amendments (HSWA) to the Resource Conservation
and Recovery Act (RCRA). This law prohibits the land disposal of untreated
hazardous wastes. It required EPA to specify either concentration levels or
methods of treatment for hazardous constituents to either substantially decrease
the toxicity of a waste or decrease the likelihood that contaminants would migrate
from a waste and cause contamination of land and groundwater. EPA responded
by establishing the LDR program found in 40 CFR Part 268. The LDR program
identifies treatment standards for hazardous wastes and specifies requirements
that generators, transporters, and owners or operators of treatment, storage, and
disposal facilities (TSDFs) that manage restricted wastes destined for land
disposal must meet.
1-2 INTRODUCTION
-------
LDR SUMMARY OF REQUIREMENTS
The LDR program consists of three main components:
Disposal Prohibition Requires that waste-specific treatment standards
must be met before a waste can be land disposed.
Dilution Prohibition Ensures that wastes are properly treated and not
simply diluted to mask the concentration of
hazardous constituents.
Storage Prohibition Prevents the indefinite storage of hazardous wastes
instead of treating the waste promptly.
Together these prohibitions protect human health and the environment by
providing for the proper treatment and management of hazardous waste prior to
land disposal.
1.3 Why Is the LDR Program Important?
The primary goal of RCRA is to protect human health and the environment from
the dangers of hazardous waste generation, transportation, treatment, storage, and
disposal. Currently, about 23 million tons of hazardous waste are disposed on
land annually. Uncontrolled land disposal of hazardous waste is threatening to
human health and the environment. For example, groundwater contamination can
occur when rainwater percolates through buried hazardous waste, separates (or
leaches) hazardous constituents from wastes, and carries the hazardous
constituents into the groundwater supply. Regulating land disposal is one of the
most important strategies used by EPA to protect groundwater.
Our LDR program ensures that wastes are properly treated prior to disposal. This
makes hazardous waste less harmful to groundwater in one of two ways: by
reducing the potential for leaching hazardous constituents from waste by
immobilizing the constituents; or by reducing waste toxicity by destroying or
removing harmful constituents.
INTRODUCTION 1-3
-------
LDR SUMMARY OF REQUIREMENTS
1.4 Where Can I Go for Further Compliance Assistance?
The RCRA Call Center can provide regulatory assistance and references to
interpretive guidance. The Call Center can be contacted at (800) 424-9346 or DC
Area Local (703) 412-9810 or TDD (800) 553-7672 or TDD DC Area Local (703)
412-3323.
There is also a wealth of information available via the Internet. The Office of
Solid Waste Home Page (http://www.epa.gov/osw) contains links to recent LDR
rulemakings in the Federal Register and other RCRA and LDR guidance.
1-4 INTRODUCTION
-------
LDR SUMMARY OF REQUIREMENTS
II. WHO IS SUBJECT TO LDR REGULATIONS?
2.1 What Is the Purpose of this Chapter?
Chapter 2 clarifies who is subject to the LDR program. This chapter summarizes
how to identify whether your waste is hazardous and how to treat your hazardous
waste to comply with the LDR requirements. This chapter also introduces key
terms that may be encountered as you read the LDR regulations.
For generators or waste handlers to determine if they are subject to Land Disposal
Restrictions, they must answer three key questions:
Step 1) Do you generate, treat, store, or dispose of hazardous wastes?
Step 2) Do the wastes qualify for any exemptions?
Step 3) Are your hazardous wastes destined for land disposal?
This chapter will help you answer each of these questions and identify whether
your waste is subject to LDR regulations.
2.2 Do You Generate, Treat, Store or Dispose of Hazardous Waste?
(Stepl)
EPA uses the term "hazardous waste" to identify certain wastes that are harmful to
human health and the environment. Hazardous wastes can be solid, liquid,
contained gas, or sludge, and they can be generated from many different sources.
To accommodate this varied universe of waste, we developed a system to identify
not only specific substances known to be hazardous, but also other materials that
present certain hazards. A waste is considered hazardous in two ways: by being
specifically listed as a hazardous waste or by exhibiting a characteristic of
hazardous waste. Only those wastes specifically listed or exhibiting a
characteristic of hazardous waste are hazardous wastes (see 40 CFR 262.11).
WHO IS SUBJECT TO LDR REGULATIONS? 2-1
-------
LDR SUMMARY OF REQUIREMENTS
Listed Wastes
RCRA regulations list specific industrial wastestreams and identify them as
"Listed Wastes." These wastes are considered hazardous if they meet one of the
narrative listing descriptions found in the regulations and do not meet any of the
exclusions described in 40 CFR 261.4. Listed wastes are divided into four
different categories:
F listed waste wastes from non-specific industrial processes, such as spent
solvents used for cleaning or degreasing;
K listed waste wastes that are from specific industry sources, such as certain
petroleum refining wastes and veterinary pharmaceuticals;
P listed waste unused, acutely hazardous commercial chemical products, such
as aldrin, a chemical used as an agricultural insecticide;
U listed waste unused, commercial chemical products, such as DDT and
formaldehyde.
The definitions and determinations for these listings can be found in 40 CFR
261.31 through 261.33.
Generators may petition the Agency on a site-specific basis to "delist" a hazardous
waste if the generator believes their waste does not meet the criteria that originally
caused EPA to list it as hazardous. If a waste is delisted, it ceases to be subject to
RCRA regulation.
Characteristic Wastes
Not all wastes that present a hazard will meet one of the narrative descriptions for
listed wastes, yet the wastes can still possess hazardous properties. EPA
identified specific properties (or characteristics) that would cause a waste to pose
a threat to human health and the environment. Waste considered to be a
characteristic hazardous waste has one or more of the following properties:
Ignitability waste that can catch fire and sustain combustion;
Corrosivity waste that corrodes metals or has a high or low pH;
Reactivity waste that readily explodes or undergoes violent reactions;
Toxicity waste category of 40 constituents that are known to be
harmful or fatal when ingested and are known to leach into
2-2 WHO IS SUBJECT TO LDR REGULATIONS?
-------
LDR SUMMARY OF REQUIREMENTS
groundwater at certain levels (e.g., arsenic, lead, and
mercury).
The definitions and determinations for these characteristics are found in 40 CFR
261.21 through 261.24. Figure 2-1 represents the decision-making process in
hazardous waste identification. Waste that meets one or more of these
descriptions and is not specifically excluded under 40 CFR 261.4 is considered
hazardous waste, meeting STEP 1 of the three-step criteria.
2.3 What Are the Mixture and Derived-From Rules?
The Mixture and Derived-From Rules regulate the management of mixtures of
hazardous wastes with other wastes (see 40 CFR 261.3(b) and (c)(2)). The
Mixture Rule operates differently for listed and characteristic hazardous wastes.
When a listed hazardous waste is combined with a nonhazardous waste,
the resulting waste stream is considered to be a listed waste. This is
because a listed waste is considered to be hazardous regardless of any
mixing, treatment, or other changes.
When a characteristic waste is combined with a nonhazardous waste, you
must determine whether the mixture has one or more of the characteristics
(i.e., ignitability, corrosivity, reactivity, or toxicity). If it does not, then it
is generally not subject to RCRA requirements; however, LDRs must still
be satisfied prior to land disposal. For example, if a corrosive waste is
neutralized with an alkaline chemical, the resulting material may now be a
non-hazardous waste, but the handler is still subject to LDR requirements,
such as record keeping.
The Derived-From Rule states that residuals derived from the treatment, storage,
or disposal of listed hazardous waste must continue to be regulated as hazardous
waste (see 40 CFR 261.3(c)(2)). Under the Derived-From Rule, materials derived
from a listed hazardous waste remain listed. For example, sludge generated from
the treatment of a listed hazardous wastewater would carry the same waste code
and regulatory status as the original listed waste. The Derived-From Rule does
not apply to characteristic wastes. Therefore, treatment residues and materials
derived from characteristic hazardous wastes are hazardous only if they continue
to exhibit a characteristic.
WHO IS SUBJECT TO LDR REGULATIONS? 2-3
-------
LDR SUMMARY OF REQUIREMENTS
Figure 2-1. Hazardous Waste Identification
Not a
Hazardous Waste
Is the material
a solid waste under
40CFR261.2?
Is the waste
excluded under 40
CFR261.4?
Has the waste been delisted in
accordance with 40 CFR 260.20 and
260.22; or
Does the mixture or derived-from
residue qualify for any of the
exemptions from the mixture and
derived-from rules in 40 CFR 261.3?
-Yes-
Does the waste meet any of the listing
descriptions in 40 CFR 261, subpart D;
Is the waste mixed with a listed
hazardous waste; or
Is the waste derived from the treatment
storage, or disposal of a listed
hazardous waste?
Yes
Not a Listed Hazardous
Waste
For purposes of the Land Disposal Restrictions
program of 40 CFR 268, does the listed waste
exhibit a characteristic of hazardous waste in
40 CFR 261, Subpart C?
No
Does the waste exhibit a
characteristic of hazardous
waste in 40 CFR 261,
Subpart C?*
-No-
Nota
Hazardous Waste
Yes
ฑ_
No
A.
Yes
Listed and
Characteristic
Hazardous Waste
Listed Hazardous
Waste
Characteristic Hazardous Waste
These wastes have passed Step 1 and are subject to the LDR program
*Note exception for mixtures of characteristic wastes and mining/mineral processing wastes in 40 CFR
ง261.3(a)(2)(i).
2-4 WHO IS SUBJECT TO LDR REGULATIONS?
-------
LDR SUMMARY OF REQUIREMENTS
Certain wastes have exceptions to the mixture and derived-from rules provided they meet
specific criteria set forth in the RCRA regulations (See 40 CFR 261.3 for more detail).
These exceptions were recently amended in a final rule to include: mixtures with or
wastes derived-from treatment of wastes that are listed solely for the ignitability,
corrosivity, or reactivity characteristics; and mixtures with or wastes derived-from
treatment of hazardous waste containing radioactive waste (for more detail on these two
additions, see the May 16, 2001 Federal Register, 66 FR 27266).
2.4 Do My Wastes Qualify for Any Exemptions? (Step 2)
All listed and characteristic hazardous wastes that will be land disposed are
subject to the LDR program. However, certain exceptions apply if wastes meet an
exclusion. There are general exclusions that apply to all RCRA regulations, such
as the exclusions from the definition of solid waste (e.g., the domestic sewage
exclusion) under 40 CFR 261.4(a) or exclusions from the definition of hazardous
waste (e.g., the household hazardous waste exclusion) under 40 CFR 261.4 (b). In
addition, the following wastes are not subject to the LDR regulations (40 CFR
268. l(e)):
Waste generated by conditionally exempt small quantity generators
(CESQGs);
Waste pesticide and container residues disposed of by farmers on their
own land (40 CFR 262.70);
Newly identified or newly listed hazardous wastes for which EPA has not
yet promulgated treatment standards;
Certain low-volume releases of characteristic wastes, known as de minimis
losses, or characteristic laboratory chemicals that are mixed with a
facility's wastewater and discharged under Clean Water Act (CWA)
regulation.
Wastes that are excluded from the definitions of solid and hazardous waste or are
otherwise exempt from the LDR program can be land disposed without meeting
LDR treatment standards. In addition, if a waste is regulated only by a state, it is
not subject to LDR unless it can be categorized as a federally-regulated hazardous
waste. For example, if waste paint is subject to state regulation, but does not
WHO IS SUBJECT TO LDR REGULATIONS? 2-5
-------
LDR SUMMARY OF REQUIREMENTS
exhibit any characteristic of hazardous waste, it is not subject to the LDRs.
However if the same waste paint exhibits the EPA characteristic of ignitability
(D001), the waste is subject to LDRs, provided it is destined for land disposal.
If your hazardous waste is not excluded or exempt, and it is a federally-regulated
waste, it meets Step 2 of the three-step criteria.
2.5 Are My Hazardous Wastes Destined for Land Disposal? (Step 3)
Land disposal is the placement of waste in or on the land. We define land
disposal to be any placement onto the land including, but not be limited to, use
constituting disposal (see 40 CFR 266.20) or placement of hazardous waste into
the following hazardous waste management units:
Landfills;
Surface impoundments;
Waste piles;
Injection wells;
Land treatment facilities;
Salt domes or salt bed formations;
Underground mines or caves;
Concrete vaults or bunkers.
If your hazardous waste is sent to land disposal or used in a manner constituting
disposal, you meet Step 3 of the three-step criteria. Wastes that are not placed on
the land are not subject to the requirements of the LDR program.
Wastes meeting Steps 1, 2, and 3 must comply with the LDR program.
2.6 What Is the Difference Between Restricted and Prohibited Wastes?
Two terms frequently used in reference to wastes
subject to the Land Disposal Restrictions are
restricted and prohibited. Restricted wastes are
hazardous wastes subject to the LDR program.
Prohibited wastes have an EPA-established
treatment standard that is currently in effect.
2-6 WHO IS SUBJECT TO LDR REGULATIONS?
-------
LDR SUMMARY OF REQUIREMENTS
When we establish a treatment standard for a waste destined for land disposal, we
also specify the date that the waste must meet the standard. This is called the
"effective date" of the treatment standard. During the time the treatment standard
has been established for a waste and prior to the effective date, the waste is
considered "restricted." It does not have to be treated to meet the LDR treatment
standards during this time, however, it can only be disposed in a landfill unit
meeting the minimum technological requirements of 40 CFR 268.5(h)(2). Once a
waste is restricted, the minimum requirements that apply include the waste
analysis, notification, and recordkeeping requirements in 40 CFR 268.7. We
discuss these requirements in Chapter 6 of this document.
Prohibited wastes are a subset of restricted wastes. Once the effective date has
passed, LDR treatment standards must be met before the waste can be disposed on
the land unless the waste is eligible for a variance, extension, or exemption.
(Wastes not destined for land disposal are not considered "prohibited" wastes). If
the waste does not meet the treatment standard as generated, it is considered a
prohibited waste. Prohibited wastes cannot be land disposed because they do not
meet the treatment standard and they are not eligible for a variance, extension, or
exemption. Once a prohibited waste is treated to meet the treatment standard,
however, it is no longer prohibited from land disposal.
We generally promulgate LDR treatment standards in conjunction with a new
hazardous waste listing, so virtually all current wastes now have treatment
standards that are in effect. However, if a variance delays the effective date of the
treatment standard beyond the normal effective date of a new listing, there may be
a period of time when the waste is only restricted and not prohibited. This is
common with unusual forms of a waste stream, such as waste mixed with
radioactive material, often called "mixed wastes." See Chapter 7 for a full
description of LDR variances and extensions.
WHO IS SUBJECT TO LDR REGULATIONS? 2-7
-------
LDR SUMMARY OF REQUIREMENTS
THE DISPOSAL PROHIBITION AND
TREATMENT STANDARDS
3.1 What Is the Purpose of this Chapter?
Chapter 3 introduces and describes the treatment standards. This chapter is
designed to help you determine which treatment standards apply to your
hazardous waste and how to read and comply with the treatment standards.
3.2 Which Treatment Standard Table Applies to the Hazardous
Waste at My Facility?
Hazardous wastes that meet
Hazardous Waste Handlers are any entity that
handles hazardous waste. This term includes
generators, treaters, or disposal entities.
the criteria outlined in Steps 1
through 3 in Section 2.1 must
meet all applicable treatment
standards prior to land disposal. Hazardous waste handlers are responsible for
identifying all applicable listed and characteristic waste codes in each waste
stream (see 40 CFR 262.11) and ensuring that their wastes meet all appropriate
treatment standards before disposal.
After a waste is generated, handlers must decide which treatment standards apply.
The treatment standard table (located at 40 CFR 268.40), which we discuss in this
section, applies to all hazardous wastes. Alternative treatment standards are
optional and available only for specific wastes (e.g., soil, debris, lab packs, and
residues from high temperature metal recovery). Alternative treatment standards
are discussed in Chapter 4.
As-generated wastes are wastes which are
produced or generated directly from an
operation, and have not undergone treatment.
Remediation wastes are not "as-generated."
THE DISPOSAL PROHIBITION AND TREATMENT STANDARDS 3-1
-------
LDR SUMMARY OF REQUIREMENTS
3.3 What Are the Treatment Standards?
Treatment standards for hazardous wastes are found in the treatment standards
table in 40 CFR 268.40. The complete treatment standards table shows the
applicable standards for wastewater and nonwastewater forms of each hazardous
waste, by EPA hazardous waste code. A small portion of this table is shown
below for the purposes of illustration. Each column is numbered and discussed
below.
TREATMENT STANDARDS FOR HAZARDOUS WASTES NOTE: NA means not applicable
ฉ
WASTE
CODE
K010
K011
ฎ
WASTE DESCRIPTION AND
TREATMENT/REGULATORY
SUBCATEGORYi
Distillation side cuts from the production
of acetaldehyde from ethylene.
Bottom stream from the wastewater
stripper in the production of acrylonitrile.
<3>
REGULATED
HAZARDOUS
CONSTITUENT
Common
Name
Chloroform
Acetonitrile
Acrylonitrile
Acrylamide
Benzene
Cyanide
(Total)
CAS2
Number
67-66-3
75-05-8
107-13-1
79-06-1
71-43-2
57-12-5
ฎ
WASTEWATERS
Concentration in mg/L;
or Technology Code4
0.046
5.6
0.24
19
0.14
1.2
ฉ
NONWASTEWATERS
Concentration in mg/kg
unless noted as "mg/l TCLP;"
or Technology Code4
6.0
38
84
23
10
590
Column 0 Waste Code:
This column helps you, the waste handler, to locate the EPA hazardous
waste codes applicable to your wastes. You should locate all hazardous
waste codes applicable to your waste.
Column @ Waste Description and Treatment/Regulated Subcategory:
For listed hazardous wastes, the waste description defines the listed waste.
For characteristic waste, the waste description specifies the characteristic
(e.g., ignitable, corrosive, or reactive) or the toxicity characteristic
3-2 THE DISPOSAL PROHIBITION AND TREATMENT STANDARDS
-------
LDR SUMMARY OF REQUIREMENTS
chemical, such as lead or benzene. In some cases, we have identified
subcategories for waste descriptions because a range of wastes or
constituents may require different levels or types of treatment. If
subcategories are included for one of your waste codes, you should take
special care to ensure that you are complying with the appropriate
subcategory treatment standards.
Column @ Regulated Hazardous Constituents:
This column lists the specific regulated hazardous constituents that must
be treated for each waste code. You must determine whether your waste
meets the treatment standard for all regulated constituents that apply to
your waste code. This determination can be made by either performing a
chemical analysis of your waste or by applying your knowledge of the
waste (best engineering judgement). You must also document this
determination (see 40 CFR 268.7(a)(6)). Guidance on how to make this
determination is available in the guidance document entitled, Waste
Analysis at Facilities that Treat, Store, or Dispose of Hazardous Waste
available from the RCRA Call Center or on the EPA home page
(http://www.epa.gov/epaoswer/hazwaste/ldr/guidance.html).
Column @ and ฉ Wastewaters versus Nonwastewaters:
Treatment standards differ
depending on whether the Definition of Wastewater:
Wastewaters are wastes that contain less
waste is in a wastewater or
a nonwastewater form.
suspended solids (TSS).
Handlers must determine
than 1 % by weight total organic carbon
(TOC) and less than 1 % by weight total
the category in which their
waste best fits to determine the appropriate treatment standard.
Wastewaters are usually aqueous wastes. We use carbon and solids as
indicators to distinguish between wastewaters and non wastewater s.
All treatment standards are expressed as either numerical standards or
required methods of treatment. To meet treatment standards, regulated
hazardous constituents in the waste must be at or below the specified
concentrations or the waste must be treated using the required technology.
THE DISPOSAL PROHIBITION AND TREATMENT STANDARDS 3-3
-------
LDR SUMMARY OF REQUIREMENTS
These two types of treatment standards are discussed in the next two
sections.
3.4 What Are the Numerical Standards?
If numerical standards are specified for a waste, the levels of the hazardous
constituents in the waste must be at or below the treatment standard concentrations
before it may be disposed. Waste handlers may use any suitable technology to treat
their hazardous wastes to meet the concentration levels (as long as the use of the
technology is not considered "impermissible dilution" under 40 CFR 268.3).
Hazardous waste handlers may not dilute to meet the treatment standard with the
exception of ignitable, corrosive, or reactive wastes, which may be diluted in
certain cases to remove the hazardous characteristic (see Section 5.1).
Numerical standards are either expressed as a "totals" measurement, or as an
"extract" (or "TCLP") measurement. A "totals" measurement compares EPA's
numerical standard with the total concentration of a hazardous constituent in a
representative sample of a waste. For wastewaters, totals measurements are in
milligrams per liter (mg/1) to reflect the liquid nature of the waste, while
nonwastewater totals measurements are in milligrams per kilogram (mg/kg). If an
"extract" or "TCLP" measurement is required, the waste handler must prepare an
extract of the waste using the Toxicity Characteristic Leaching Procedure (see
Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Test
Method 1311, EPA Publication SW-846). If the hazardous constituent
concentrations in the extract are at or below the corresponding regulatory levels,
then the waste meets the
treatment standard for that waste
code unless it is achieved through
impermissible dilution.
3.5 What Are the Required
Technology Standards?
In some instances, numerical
and metal constituents.
treatment standards cannot be
developed. Usually, this occurs
when analytical methods cannot
reliably measure the constituents
What if both a concentration and a
technology are listed in a treatment
standard?
If both a concentration and technology-
based standard are included in a treatment
standard, such as in F024, you must comply
with them both. F024 wastes must undergo
combustion to treat dioxins and furans and
meet numerical standards for other organic
If the technology code is given as an "or"
then you comply with either the
concentration-based treatment standard or
the technology-based treatment standard.
3-4 THE DISPOSAL PROHIBITION AND TREATMENT STANDARDS
-------
LDR SUMMARY OF REQUIREMENTS
of concern in the treatment residual. In such cases, we specify that a technology
or technologies must be used prior to land disposal.
Required technology standards are included in the wastewater or nonwastewater
columns of the treatment standards table in 40 CFR 268.40. When a treatment
standard specifies a method of treatment, the waste must undergo that method of
treatment before land disposal can take place. These technologies are designated
by abbreviations, such as CMBST for combustion.
In some cases, we specify a series of treatment technologies. For example, F005
spent solvent waste that contains 2-nitropropane has a treatment standard of:
(WETOX or CHOXD) f b CARBN; or CMBST. This means that a handler could
treat F005 containing 2-nitropropane using wet air oxidation or chemical
oxidation followed by carbon adsorption or the handler could treat using
combustion alone. EPA occasionally specifies a choice of technologies, such as
the treatment standard for P009 ammonium picrate: CHOXD; CHRED; CARBN;
BIODG; or CMBST (chemical oxidation or chemical reduction or carbon
adsorption or biodegradation or combustion). Each abbreviation is described in a
table located at 40 CFR 268.42.
Case Study Treatment Standards for Listed Waste
Fred's Autobody and Repair generates solvent wastes from cleaning and
degreasing parts, and other solvent wastes from removing old paint from
vehicles. Based on Material Safety Data Sheets (MSDSs) and other
information given to Fred by the manufacturer of the solvents, Fred
determines that his business is handling hazardous wastes (see Chapter 1 of
this manual) and that he is a large quantity generator. Because it is spent
toluene, the solvent Fred uses for degreasing and paint stripping is a "listed"
hazardous waste under 40 CFR 261.31 (waste code F005). When the solvents
are spent, Fred's employees know to place the waste in containers that meet
the standards for the generator accumulation unit (exempt from permitting
under 40 CFR 262.34). Fred has a contract with Waste Haulers, Inc. to pick
up the waste and transport it to a recycling, treatment, and disposal facility.
TREATMENT STANDARD
Fred must look to the consolidated treatment table at 40 CFR 268.40
to identify the treatment standards for listed wastes. The other tables
in Part 268, which identify standards for wastes such as soil, debris,
and high temperature metals recovery residues would not apply.
THE DISPOSAL PROHIBITION AND TREATMENT STANDARDS 3-5
-------
LDR SUMMARY OF REQUIREMENTS
The treatment standard for F005 shows 30 different constituents,
each with different treatment standards for wastewater and
nonwastewater. Fred has narrowed down this list by determining
that the F005 waste is a nonwastewater, since the waste is greater than
1% total organic carbon (40 CFR 268.2). Therefore, Fred must either
test or apply knowledge regarding which of the 30 constituents are
present in the waste, and if any of the 30 constituents are present,
Fred must determine whether the levels are higher than the
nonwastewater levels in the treatment table. However, based on the
information given to Fred by the manufacturer of the solvents, Fred
can apply knowledge that the waste contains only one of the
constituents listed in 40 CFR 268.40, toluene.
DISPOSAL OPTIONS
Fred could choose to perform testing on (rather than apply knowledge
of) the waste. If testing shows that the toluene in the F005 waste is at
or below the levels given in 40 CFR 268.40, the waste may be disposed
in a Subtitle C hazardous waste unit without further LDR treatment
(although if he wanted to landfill the waste, he would have to pass the
paint filter liquids test because it is impermissible to dispose liquids in
landfills). In addition, the tests could be used in the future to show
that the waste does not contain toluene above the treatment standard,
as long as the waste does not change significantly. If Fred changes
solvents, or the solvent manufacturer reformulates the product, Fred
would need to retest his wastes or use knowledge to make another
waste determination.
If testing or application of knowledge shows that constituent levels are
above the treatment standards, then Fred must send the waste to a
RCHA-permitted treatment or recycling facility prior to disposal.
Once the waste is treated, the disposal facility must make sure that the
waste meets treatment standards prior to disposal in a Subtitle C
hazardous waste unit.
RECORDKEEPING
See Chapter 6 for specific recordkeeping requirements.
3-6 THE DISPOSAL PROHIBITION AND TREATMENT STANDARDS
-------
LDR SUMMARY OF REQUIREMENTS
3.6 Are There Special Requirements for Characteristic Wastes?
Yes. We established special rules for characteristic waste in 40 CFR 268.9.
Characteristic wastes are regulated somewhat differently from listed wastes
because a characteristic waste that is "decharacterized" as a result of treatment can
be disposed in
nonhazardous, solid waste
(i.e., Subtitle D) land-
based units. This is
waste units, such as
landfills, are less
Underlying Hazardous Constituents are any
constituents listed in the universal treatment
standards (UTS) table (40 CFR 268.48), except
important because solid fluhorihde' selenium' ^'es' vanadium and zinc,
F which can reasonably be expected to be
present at the point of generation of the
hazardous waste, at a concentration above the
constituent-specific UTS treatment standards.
protective of groundwater
than the fully regulated
hazardous waste landfills (or Subtitle C landfills) where most listed wastes are
sent. When a characteristic waste is "decharacterized" it no longer exhibits a
hazardous waste characteristic. However, these decharacterized wastes may still
contain "underlying hazardous constituents." Therefore, we promulgated
standards for characteristic wastes to ensure that the concentrations of all
underlying hazardous constituents in characteristic wastes have been minimized.
Characteristic wastes cannot be land disposed until they meet all applicable
treatment standards for the waste characteristic and underlying hazardous
constituents that apply to the waste. Even if a characteristic waste no longer
exhibits a characteristic, it cannot be land disposed until the waste is in
compliance with the treatment standards. Importantly, in most cases,
characteristic waste cannot be merely diluted to meet specified treatment
standards, (see Section 5.1 for discussion of the dilution prohibition.)
3.6.1 What Are the Standards for Underlying Hazardous
Constituents?
When determining the treatment standard for your characteristic waste, if directed
by the treatment standard table in 40 CFR 268.40 to address underlying hazardous
constituents (i.e., the table reads "and meet 268.48"), you must identify underlying
hazardous constituents in your waste. For example, if no pesticides are ever
produced or used on-site, it is unlikely that a pesticide would be an underlying
hazardous constituent in your characteristic waste. Conversely, if methylene
THE DISPOSAL PROHIBITION AND TREATMENT STANDARDS 3-7
-------
LDR SUMMARY OF REQUIREMENTS
chloride is used in a low concentration (less than 1% before use), it is a potential
underlying hazardous constituent. Figure 3-1 presents a flowchart showing the
decision-making steps for identifying underlying hazardous constituents in
characteristic wastes.
Do I Have to Retreat Waste If Metal Constituents Are Concentrated
Above Universal Treatment Standards During Treatment?
You are only required to identify underlying hazardous constituents above the
Universal Treatment Standard (UTS) levels at the point of generation. If metal
constituents are concentrated above UTS levels during treatment, you are not
required to view the treatment residual as a new point of generation or to treat
those metal constituents. For example, a D008 lead wastewater contains no
underlying hazardous constituents as generated, but is treated with
dithiocarbamate, a metal precipitating agent. Dithiocarbamate is also a hazardous
constituent that appears on the list of potential UHCs in 40 CFR 268.48. The
dithiocarbamate assists the stabilization of the lead but, after treatment, is present
at levels above the UTS in the treatment residuals. In this case the treatment
residual demonstrates compliance with treatment standards because the original
waste is decharacterized, and all underlying hazardous constituents that existed
above the UTS levels prior to treatment are below the UTS levels. Any
underlying hazardous constituents added or created by the treatment process are
not required to be treated because there is no new point of generation for LDR
purposes. However, if the treatment residuals are now characteristic due to a
new property, the creation of the residuals would be considered a new point of
generation and the treater would have to make a new determination of the UHCs
presenteither through knowledge or additional testing. This is the same
obligation that attaches to any generator of a hazardous waste. See Section 8.1 for
more detail on new points of generation due to the concentration of metal
constituents during treatment. (See also 64 FR 25411; May 11, 1999 Federal
Register.)
3-8 THE DISPOSAL PROHIBITION AND TREATMENT STANDARDS
-------
LDR SUMMARY OF REQUIREMENTS
Figure 3-1. Underlying Hazardous Constituents
Determine underlying
hazardous constituents
"Reasonably Expected to be
Present" based on generator
knowledge or analysis;
document in generator files.
Does the Treatment
Standard Specifically State
"and Meet ง268.48
standards."
Determining the presence of
underlying hazardous
constituents is not required.
Generators/Treaters
Generator treats to remove
characteristic; generator is
considered a treater and is
required to conduct waste
analysis (see ง268.7 (b)(1-3)).
The generator must prepare a
waste analysis plan if treatment is
conducted in units that do not
require a RCRA permit.
1Treaters have the option of disposing of the treated
wastes in either a Subtitle C or a Subtitle D facility.
See Chapter 6 for recordkeeping requirements.
Treated waste no longer exhibits
characteristic and meets universal
treatment standards for 1) constituent
that caused the waste to be identified
as TC hazardous and 2) underlying
hazardous constituents.
o underlying
hazardous
constituents meet
universal treatment
standards?
There are no requirements to notify
Subtitle D nonhazardpus waste
treater of constituents in waste, or
for the Subtitle D treater to conduct
analysis or notify ultimate disposal
facility of waste constituents. EPA
recommends that this information be
provided to assure proper treatment.
THE DISPOSAL PROHIBITION AND TREATMENT STANDARDS 3-9
-------
LDR SUMMARY OF REQUIREMENTS
3.6.2 What Are the Treatment Standards for Characteristic Wastes?
Ignitable Wastes
Under the LDR program, ignitable wastes are divided into two subcategories:
1) wastes with greater than or equal to 10 percent total organic carbon (i.e., the
high TOC subcategory), which are, by definition, nonwastewaters; and 2) all other
ignitable wastes. The high TOC subcategory includes ignitable wastes that
contain significant concentrations of organics, such as solvents. The treatment
standard for these wastes is combustion, recovery of organics, or polymerization
(see 40 CFR 268.42 for a description of each treatment technology).
The treatment standard for the other category of ignitable wastes can be met in
one of three ways:
removal of the ignitability characteristic by deactivation and treatment of
underlying hazardous constituents to meet universal treatment standards;
combustion; or
recovery of organics.
If the waste has less than 10 percent TOC, and is being managed in a Clean Water
Act (CWA), CWA-equivalent, or Class I Safe Drinking Water Act (underground
injection) system, the treatment standard requires deactivation to remove the
ignitability characteristic. Appendix D contains a table showing recommended
technologies for achieving deactivation of ignitable wastes.
Corrosive Wastes
There are two subcategories for corrosive wastes in the LDR treatment standards.
The first subcategory is the treatment standard for management of most corrosive
wastes. The treatment standard requires removal of the corrosivity characteristic
by deactivation and treatment of underlying hazardous constituents to meet
universal treatment standards. For corrosive wastes managed in CWA, CWA-
equivalent, or Class I SDWA systems, the treatment standard is removal of the
corrosivity characteristic by deactivation.
3-10 THE DISPOSAL PROHIBITION AND TREATMENT STANDARDS
-------
LDR SUMMARY OF REQUIREMENTS
The second subcategory is for corrosive wastes that are also high-level radioactive
wastes generated during the reprocessing of fuel rods. These waste must be
treated by high-level radioactive waste vitrification (these wastes are only
nonwastewaters).
Appendix D contains a table showing the recommended technologies for
achieving deactivation of corrosive wastes.
Reactive Wastes
With only three exceptions, reactive hazardous wastes must be treated by
deactivation and treated to ensure that underlying hazardous constituents meet
universal treatment standards. The first exception is for deactivated reactive
wastewaters destined for a CWA, CWA-equivalent, or SDWA Class I injection
well systems. Wastes managed in one of these systems may be treated by
removing of the reactivity characteristic. The second exception is for unexploded
ordinance (UXO) and other explosive devices which have been the subject of an
emergency response. These wastes may be treated by deactivation only. The
last exception is for reactive cyanides, which must be treated to specific
concentration-based standards: 590 mg/kg total and 30 mg/kg amenable cyanide
for nonwastewaters, 0.86 mg/L amenable cyanide for wastewaters.
Appendix D contains a table showing the recommended technologies for
achieving deactivation of reactive wastes.
Toxicity Characteristic Wastes
There are three types of toxicity characteristic (TC) constituents: metals,
pesticides, and organics. For metal toxicity characteristic wastes, subcategories
of waste types have been created to account for different forms of the waste or
circumstances in which the waste was generated. For example, for each TC metal
waste, a separate subcategory has been established for high-level radioactive
wastes generated during the reprocessing of fuel rods. Other radioactive waste
subcategories include cadmium-containing batteries, lead-acid batteries, and
hydraulic oil contaminated with mercury.
The treatment standards for all toxicity characteristic hazardous wastes depend
largely upon the method by which the wastes will be disposed. Most wastes must
THE DISPOSAL PROHIBITION AND TREATMENT STANDARDS 3-11
-------
LDR SUMMARY OF REQUIREMENTS
be treated to a specific numerical standard and meet the universal treatment
standards under 40 CFR 268.48 for underlying hazardous constituents.
List of Toxicitv Characteristic
Metals
D004
D005
D006
D007
D008
D009
D010
D011
Organics:
Arsenic
Barium
Cadmium
Chromium
Lead
Mercury
Selenium
Silver
Pesticides:
D012
D013
D014
D015
D016
D017
Endrin
Lindane
Methoxychlor
Toxaphene
2,4-D
Silvex
D018
D019
D020
D021
D022
D023
D024
D025
D026
D027
D028
D029
D030
D031
D032
Benzene
Carbon
Tetrachoride
Chlordane
Chlorobenzene
Chloroform
o-cresol
m-cresol
p-cresol
Cresol
1,4-Dichlorobenzene
1,2-Dichloroethane
1,1-Dichloroethylene
2,4-Dinitrotoluene
Heptachlor
Hexachlorobenzene
Wastes
Organics (continued): I
D033
D034
D035
D036
D037
D038
D039
D040
D041
D042
D043
Hexachlorobutadiene |
Hexachloroethane |
Methyl ethyl ketone |
Nitrobenzene
Pentrachlorophenol
Pyridine |
Tetrachloroethylene |
Trichloroethylene
2,4,5-Trichlorophenol
2,4,6-Trichlorophenol |
Vinyl Chloride |
Case Study Characteristic Waste Destined for Land Disposal
Mike's Metal Company manufactures motor vehicle parts and accessories.
One of Mike's processes uses a pickling solution for metal surface
preparation. Because this solution is highly acidic, Mike determines that it is
a corrosive hazardous waste which is classified as D002 (see Chapter 1). The
spent solution also contains metal contaminants that do not exceed any
toxicity characteristic levels but are above the 40 CFR 268.48 levels for
underlying hazardous constituents (UHCs). Mike intends to simultaneously
precipitate metals and neutralize the spent acidic solution using lime in an
elementary neutralization tank unit. The resulting wastewaters that have
been treated so that they are not characteristic are discharged to a POTW.
The resulting sludge is a new point of generation, which means that it must
be assessed to see if it is a hazardous waste. Mike determines it contains
chromium (total) at 6.00 mg/L TCLP, thus it fails the toxicity characteristic.
This means that Mike must treat the sludge for chromium and for all UHCs
reasonably expected to be present in the waste before it is land disposed.
THE WASTEWATER TREATMENT STANDARD
The spent acidic solution is a corrosive hazardous wastewater. It is
subject to treatment standards if it is land disposed at some point in
the POTW treatment system. If that were the case, Mike would be
required to refer to the treatment standard table at 40 CFR 268.40 to
3-12 THE DISPOSAL PROHIBITION AND TREATMENT STANDARDS
-------
LDR SUMMARY OF REQUIREMENTS
identify the treatment standard for the (D002) corrosive wastewater.
According to 40 CFR 268.40, the waste must be deactivated (DEACT)
(i.e., rendered non-corrosive, and thus, non-hazardous). In addition,
it would have to meet 40 CFR 268.48 standards for UHCs under
certain circumstances. (A footnote in the table at 40 CFR 268.40 for
D002 wastes indicates that if the corrosive waste will be sent to a
Clean Water Act or Safe Drinking Water Act system, it must only be
deactivated. Mike's wastewater meets this criteria, thus it may be
sent to the POTW without treatment of UHCs.) (See Section 3.4.3).
THE NONWASTEWATER TREATMENT STANDARD
Mike must assess whether the sludge from treatment of the corrosive
wastewater is a hazardous waste. If it is Mike must treat the sludge to
remove the hazardous characteristic and to meet treatment standards
for the UHCs reasonably expected to be present.
To determine whether the sludge fails a hazardous characteristic and
contains UHCs, Mike may choose to perform chemical analysis.
Alternatively, Mike may rely on his knowledge of the composition of
the sludge to determine if the sludge is hazardous and if there are any
UHCs reasonably expected to be present.
If analysis or Mike's knowledge of the sludge shows that the
concentration of chromium (total) and UHCs are at or below the
values given in 40 CFR 268.48, the sludge meets the LDR treatment
standards and does not require treatment prior to land disposal. Mike
should be aware, however, that if he uses knowledge of the waste to
determine that the sludge is non-hazardous, it may not satisfy the
state requirements for non-hazardous waste (i.e., states may have
their own, more stringent, requirements).
If analysis or Mike's knowledge of the sludge indicates that the
concentration of total chromium and UHCs are above the standards
at 40 CFR 268.48 then treatment is required. Mike must treat the total
chromium and the UHCs reasonably expected to be present, without
dilution, prior to land disposal. Mike may treat the waste on-site,
send the waste off-site to a hazardous waste treatment and disposal
facility, or, if the waste is no longer toxic for chromium, to a non-
hazardous waste facility for further treatment of UHCs.
RECORDKEEPING
See Chapter 6 for specific recordkeeping requirements.
THE DISPOSAL PROHIBITION AND TREATMENT STANDARDS 3-13
-------
LDR SUMMARY OF REQUIREMENTS
3.6.3 What Are the Standards for Wastes that are Both
Listed and Characteristic?
The rules for characteristic
wastes under 40 CFR 268.9
require generators to identify all
the listed and characteristic
waste codes that could apply to
their waste. Therefore, if a listed
, , ., . treatment standard.
waste also exhibits a
Example:
Spent tetrachloroethylene at greater than
10% concentration typically qualifies as both
F001andD039. Since the treatment
standard for F001 specifically addresses
tetracholoethylene, the F001 treatment
standard operates instead of the D039
characteristic, the waste must
meet the treatment standards for both the listed and characteristic waste codes
prior to land disposal. The exception to this rule is when a treatment standard for
the listed waste also contains the constituent that caused the waste to exhibit a
characteristic. In that case, the treatment standard for the listed waste would
operate instead of the characteristic treatment standard (thus there would be no
need to meet treatment standards for underlying hazardous constituents).
3.6.4 What Are the Standards for Management in Clean Water
Act, Clean Water Act-equivalent, and Safe Drinking
Water Act Injection Well Systems?
Due to a series of court decisions and 1996 amendments to RCRA, the treatment
standards for characteristic wastes differentiate between waste managed in Clean
Water Act (CWA), CWA-equivalent, and Safe Drinking Water Act (SOWA)
systems and wastes managed in any other unit.
It was determined that characteristic
wastes destined for disposal in a
CWA, CWA-equivalent, or SDWA
injection well are only required to
remove the characteristic prior to
land disposal (e.g., in a surface
better than these technologies.
impoundment or injection well).
CWA equivalent treatment includes:
biological treatment for organics
alkaline chlorination
precipitation/sedimentation of metals
reduction of chromium
or any other treatment technology
demonstrated to perform equally or
There is no need to treat possible
underlying hazardous constituents in the waste. Characteristic wastes destined for
disposal in any system other than CWA, CWA-equivalent, and SDWA injection
well systems must be treated to remove the characteristic and account for any
3-14 THE DISPOSAL PROHIBITION AND TREATMENT STANDARDS
-------
LDR SUMMARY OF REQUIREMENTS
possible underlying hazardous constituents in the waste. In addition, any treatment
residuals, such as sludge, must be evaluated at the point it is generated to
determine if it is a characteristic waste. If it is, the sludge is subject to the LDR
treatment standards for that characteristic.
Case Study Characteristic Waste Destined for a Clean Water Act
(CWA) Discharge
A petroleum refinery sends a caustic process wastewater to its on-site
wastewater treatment unit. The wastewater first enters the primary
treatment system, consisting of an API separator, then a series of tanks for
settling. The wastewater then enters a secondary biological treatment pond,
and is discharged under a National Pollutant Discharge Elimination System
(NPDES) Permit.
The waste handler uses their knowledge to determine that the wastewater
exhibits the corrosivity characteristic (D002) and toxicity characteristic for
benzene (D018). As the wastewater commingles with other process
wastewaters in the wastewater collection system, however, the caustic
wastewater is diluted and no longer exhibits any hazardous waste
characteristics.
TREATMENT STANDARDS
Under the consolidated treatment standard table (40 CFR 268.40), the
treatment standard for D002 wastewaters is given as "DEACT and
meet 268.48 standards.8" Footnote 8 provides that wastes that have
been rendered nonhazardous (i.e., they no longer exhibit a hazardous
waste characteristic) and that are then sent to a Clean Water Act
system are not subject to treatment standards. Therefore, the caustic
waste must simply be "deactivated" so that it no longer exhibits a
characteristic prior to entering the biological treatment unit. Since the
caustic wastewater ceases to exhibit any hazardous waste
characteristic after it has been commingled with other process
wastewaters, no further treatment would be needed for LDR
purposes. Sludges produced in the treatment unit do not require
further treatment under Subtitle C unless they display a hazardous
characteristic when removed from the unit.
Similarly, the treatment standard for D018 is ".014 mg/1 and meet
268.48 standards."8 The same footnote 8 applies. As long as the
wastewater exhibits no characteristics prior to its entering the CWA
treatment pond, no further treatment would be required under the
LDRs.
THE DISPOSAL PROHIBITION AND TREATMENT STANDARDS 3-15
-------
LDR SUMMARY OF REQUIREMENTS
In this case, deactivation can include dilution without violating the
dilution prohibition of 40 CFR 268.3.
Any sludge produced in the treatment system would require
treatment or Subtitle C disposal if it displays a hazardous
characteristic when it is removed from the system and destined for
land disposal.
TESTING
To comply with the treatment standard, the facility would need to
show that both characteristics in the waste stream are deactivated
(i.e., removed) prior to placement of the waste in the biological
treatment pond.
RECORDKEEPING
See Chapter 6 for specific recordkeeping requirements.
3-16 THE DISPOSAL PROHIBITION AND TREATMENT STANDARDS
-------
LDR SUMMARY OF REQUIREMENTS
IV. ALTERNATIVE TREATMENT STANDARDS
4.1 What Is the Purpose of this Chapter?
Chapter 4 describes all of the alternative treatment standards. The chapter is
designed to describe which hazardous wastes can use the alternative treatment
standards and how to read the alternative treatment standard tables.
4.2 Why Did EPA Develop Alternative Treatment Standards?
We established alternative treatment standards to allow for common sense
management approaches for wastes (e.g., debris, soil, or lab packs) or to
encourage the use of specific waste treatment or recovery practices that benefit
protection of human health and the environment. These treatment standards are
optional and generators or treaters can comply with either the "as-generated"
treatment standards or the alternative standards. There are alternative treatment
standards for debris, soil, high temperature metals recovery residues, and lab
packs.
4.3 What Are the Hazardous
Debris Alternative Treatment
Standards (40 CFR 268.45)?
4.3.1 What Is Hazardous
Debris?
Debris may be comprised of
virtually any manufactured object,
plant, animal matter, or geologic
material bigger than the
approximate size of a tennis ball.
Debris is often generated when a
building or structure is undergoing
demolition or renovation. Chunks
Debris is defined as a solid material
exceeding a 60 mm particle size that is
intended for land disposal and that is: a
manufactured object; plant or animal
matter; or natural geologic material.
The following materials are not debris:
Any material for which a specific
treatment standard is provided in
Subpart D, Part 268 (for example lead
acid batteries, cadmium batteries, and
radioactive lead solids)
Process residuals such as smelter slag
and residues from the treatment of
waste;
Wastewater;
Sludges or air emission residues; and
Intact containers of hazardous waste
that are not ruptured and that retain at
least 75 percent of their original volume.
of material generated during
remediation may be contaminated with or "contain" a hazardous waste (e.g., scrap
ALTERNATIVE TREATMENT STANDARDS
-------
LDR SUMMARY OF REQUIREMENTS
piping or tanks that held hazardous waste) and thus be classified as a hazardous
debris. We recognized that the treatment standards for "as-generated" hazardous
wastes (under 40 CFR 268.40) were difficult to apply to hazardous debris. As a
result, the Agency developed alternative treatment standards for hazardous debris.
If you manage hazardous debris, you have the option of meeting either the
hazardous debris alternative treatment standards or the "as-generated" treatment
standards in 40 CFR 268.40. The hazardous debris alternative treatment standards
specified technologies are found under 40 CFR 268.45, Table 1, entitled
"Alternative Treatment Standards for Hazardous Debris."
4.3.2 What Wastes Are Covered by the Alternative Hazardous
Debris Treatment Standards?
The alternative hazardous debris treatment standards apply to any material defined
as debris that either is contaminated with (contains) a listed waste or exhibits a
characteristic of hazardous waste. There are three special subcategories of debris:
Mixtures of debris types if
hazardous debris consists of
more than one waste type (e.g.,
a mixture of glass, metal, and
plastic), then the facility must
Mixing of Debris and Hazardous Waste: Any
deliberate mixing of prohibited waste with debris
that changes its treatment classification (i.e.,
from waste to debris) is not allowed under the
dilution prohibition in 40 CFR 268.3. For more
information, see the May 11,1999 Federal
, ,- Register (64 FR 25411).
meet the treatment standard tor
each type of debris;
Mixtures of contaminant types if hazardous debris of one type is contaminated
with more than one contaminant, then each of the contaminants must be treated
with the specified technology in Table 1, 40 CFR 268.45; and
Waste polychlorinated biphenyls (PCBs) if hazardous debris is contaminated
with PCBs, then the waste is subject to the treatment requirements specified at
either 40 CFR Part 761 (regulations for materials controlled under the Toxic
Substances Control Act) or 40 CFR 268.45.
4-2 ALTERNATIVE TREATMENT STANDARDS
-------
LDR SUMMARY OF REQUIREMENTS
4.3.3 What Are the Alternative Treatment Standards for
Hazardous Debris?
To meet the alternative treatment standards, the regulations give specific
instructions concerning what constituents must be treated before you can land
dispose the debris. These comprise the "contaminants subject to treatment."
Toxicity characteristic debris debris that is hazardous for the toxicity
characteristic must be treated to ensure that all constituents causing the debris to
exhibit the toxicity characteristic are addressed.
Debris contaminated with a listed hazardous waste if debris contains a listed
hazardous waste, then you must review the treatment table for as-generated wastes
(40 CFR 268.40) to determine which hazardous constituents must be treated in the
listed waste. All of those hazardous constituents in the contaminated debris must
then be treated using one or more of the alternative treatment standards.
Cyanide-reactive debris cyanide-contaminated debris that qualifies as a
reactive waste (D003) must be treated to address the cyanide content (See Section
3.4.4).
Once a determination is made regarding which constituents must be treated in the
debris, you must then determine what type of treatment or combination of
treatments will address all constituents. The alternative treatment standards for
hazardous debris are divided into three technology types: extraction, destruction,
and immobilization technologies. Each technology type is defined as follows:
Extraction technologies consist of physical, chemical and thermal extraction
technologies such as abrasive blasting, liquid phase solvent extraction, and high
temperature metals recovery, respectively.
Destruction technologies consist of biological, chemical, and thermal
destruction technologies such as biodegradation, chemical oxidation, and
incineration, respectively.
Immobilization technologies consist of macroencapsulation,
microencapsulation, and sealing immobilization technologies through the use of
polymeric organics, Portland cement, and urethane compounds, respectively.
AL TERN A TIVE TREA TMENT S TANDARDS 4-3
-------
LDR SUMMARY OF REQUIREMENTS
Residue resulting from the treatment of hazardous debris must be separated from
the treated debris and the two materials are addressed very differently by the
alternative treatment regulations.
Debris Resulting from Treatment
Hazardous debris that was treated using either the extraction or destruction
technologies (and that does not, after treatment, exhibit a characteristic of
hazardous waste) is no longer hazardous and need not be managed in a hazardous
waste unit.
Hazardous debris that has been treated by immobilization technologies remains
hazardous, but meets the alternative treatment standards. Immobilized hazardous
debris (that does not, after treatment, exhibit a characteristic) must be disposed in
a hazardous waste unit.
Residues Resulting from Treatment
With some exceptions, non-debris residues resulting from the treatment of
hazardous debris must meet the waste-specific treatment standards in the
treatment standards table at 40 CFR 268.40. Some special provisions to this
general rule are described below.
Residues generated by deactivating hazardous debris that exhibited the
ignitable, corrosive, and/or reactive characteristic (except for reactive
cyanide contaminated debris) need only to be deactivated prior to disposal.
Such residues are not subject to the waste-specific treatment standards of
40 CFR 268.40.
Residues generated by deactivating cyanide-reactive debris must meet the
waste-specific treatment standards for D003 wastes at 40 CFR 268.40.
Residues that exhibit the ignitable characteristic and contain greater than
10% total organic carbon must meet the waste-specific treatment standards
at 40 CFR 268.40.
4-4 ALTERNATIVE TREATMENT STANDARDS
-------
LDR SUMMARY OF REQUIREMENTS
The layers of residue debris removed by spalling continue to meet the
definition of hazardous debris and remain subject to the alternative
treatment standards for hazardous debris.
Figure 4-1 presents a flowchart showing the decision-making steps for hazardous
debris.
The "Contained-in" Alternative for Debris
When we promulgated the hazardous debris alternative treatment standards, we also promulgated
the "contained-in" policy for debris. The policy states that debris that no longer "contains" listed
hazardous waste is no longer subject to subtitle C regulation, provided that it does not exhibit any
hazardous waste characteristic (40 CFR 261.3(f)). You can request a determination of whether
debris does or does not contain a listed waste from either your state regulatory agency or from an
EPA regional office. Decisions are made on a case-by-case basis and if you succeed in obtaining a
determination that your debris does not contain a listed hazardous waste, your debris is not subject
to LDR treatment standards. However, if you have not obtained a "contained-in" determination your
debris remains subject to the LDR regulations.
AL TERN A TIVE TREA TMENT S TANDARDS 4-5
-------
LDR SUMMARY OF REQUIREMENTS
Figure 4-1. Alternative Debris Treatment Standards
Use As-Generated
Standards
Yes
Hazardous Debris
Treatment Options1
Use Alternative
Standards
a ternative debris
Treat hazardous
using an extraction
accordance with
Is debris
contaminated with
a listed waste?
Does
debris exhibit or is it
expected to exhibit a
characteristic?
Does debris exhibit a
characteristic after
treatment?
Subtitle D disposal
(ง268.9 requirements
apply)3
1Any deliberate mixing of prohibited waste with debris that changes its
treatment classification (i.e., from waste to debris) is not allowed under
the dilution prohibition in 40 CFR 268.3.
2Treaters have the choice of meeting the treatment standards for as-
generated wastes or the alternative treatment standards for debris.
3Treaters have the option of disposing of their treated wastes in either
a subtitle C or a Subtitle D facility.
4-6 ALTERNATIVE TREATMENT STANDARDS
-------
LDR SUMMARY OF REQUIREMENTS
Case Study Alternative Treatment Standards for Debris
Wilma's Wood Preserving Plant uses wood preserving formulations that
contain creosote. Wilma is removing the old drip pads and installing new
ones. The concrete pad that is being removed is contaminated by the
creosote formulations used in the wood preserving process.
From manifests sent from the site, Wilma determined that the spent creosote
formulations remaining on the pad are classified as a listed hazardous waste
(F034) in the hazardous waste regulations (40 CFR 261.31), and were
disposed as hazardous waste in the past. The dismantled concrete pad is
contaminated with the F034 waste and must be managed as a hazardous
waste, subject to the LDR program. The concrete meets the definition of
hazardous debris in 40 CFR 268.2, the F034 hazardous waste is contained in
the concrete, and the concrete can qualify for the alternative treatment
standards for hazardous debris in 40 CFR 268.45.
TESTING
Before managing the concrete as a hazardous waste, Wilma may
choose to contact the state or EPA Region (the "implementing
agency") and request a "contained-in" determination that the
concrete no longer contains hazardous waste.
If the chemical analysis indicates that the concentration of creosote
formulations in the concrete is higher than the "contained-in"
concentration set by the implementing Agency, then further treatment
is required to comply with the LDR treatment standards.
Wilma may also choose to rely on her own "knowledge" of the
creosote concentration in the concrete. However, Wilma must be able
to substantiate the concentration through documentation of her basis
for claiming "knowledge."
TREATMENT STANDARD
If concentrations are higher than the "contained-in" concentrations, if
applicable, or if concentrations are above the hazardous
characteristic, Wilma must determine the contaminants subject to
treatment in F034. Debris containing hazardous waste above the
treatment standard must be treated.
For Wilma to treat the hazardous concrete in accordance with the
alternative debris standards of 40 CFR 268.45, she must select from a
list of technologies under Table 1 of 40 CFR 268.45. These
AL TERN A TIVE TREA TMENT S TANDARDS 4-7
-------
LDR SUMMARY OF REQUIREMENTS
technologies are categorized into three lists: extraction, destruction,
or immobilization technologies.
Any residue generated from the treatment of the concrete (as opposed
to the treated concrete itself) must meet the treatment standards in 40
CFR 268.40 for F034 since the residue is no longer a debris.
MANAGEMENT
If Wilma chooses to treat her debris with one of the extraction or
destruction technologies, the resulting debris (but not any treatment
residues that have been removed) may be sent to a nonhazardous
waste disposal unit (e.g., Subtitle D facility) without further testing.
If Wilma chooses to treat her debris with one of the immobilization
technologies, the resulting debris must be sent to a hazardous waste
disposal unit (Subtitle C facility). However, the resulting debris is
considered to be in compliance with LDR treatment standards and
does not require further testing prior to disposal.
RECORDKEEPING
See Chapter 6 for specific recordkeeping requirements.
4-8 ALTERNATIVE TREATMENT STANDARDS
-------
LDR SUMMARY OF REQUIREMENTS
4.4 What Are the Soil Alternative Treatment Standards (40 CFR 268.49)?
4.4.1 Background
The soil-specific LDR treatment standards were promulgated in the LDR Phase
IV final rule on May 26, 1998. They provide alternative treatment standard
options for contaminated soils. When referring to treatment standards in general,
however, it should be understood that either the alternative soil treatment
standards at 40 CFR 268.49 or the treatment standards at 40 CFR 268.40 may be
applied to contaminated soils. While the guidelines outlined below are generally
applicable to contaminated soil subject to LDR requirements, they do not account
for all circumstances that may occur when managing specific remediation sites.
4.4.2 What Are the Alternative Soil Treatment Standards?
Under the soil treatment standards in 40 CFR 268.49, a contaminated soil has two
treatment requirement alternatives:
hazardous constituents must be reduced by at least 90% through treatment
so that no more than 10% of their initial concentration remains or
comparable reductions in mobility for metals; OR
hazardous constituents must not exceed 10 times the universal treatment
standards (UTS) at 40 CFR 268.48.
Constituents in contaminated soils are not required to be reduced to levels lower
than 10 times UTS, unless specified under a site-specific cleanup requirement
(e.g., permit or order).
A hazardous constituent is a regulated constituent specified in a treatment
standard at 40 CFR 268.40 or it may be an underlying hazardous constituent
(UHC). Any constituent that is listed in Table UTS in 40 CFR 268.48, except for
fluoride, selenium, sulfides, vanadium, and zinc, can be a UHC. A facility may
use process knowledge to identify those UHCs reasonably expected to be present
when hazardous soils are generated. Facilities should use a process knowledge
determination judiciously in identifying which specific UHCs are reasonably
expected to be present in a volume of soil (for more information on appropriate
use of process knowledge, see EPA's Waste Analysis At Facilities That Generate,
AL TERN A TIVE TREA TMENT S TANDARDS 4-9
-------
LDR SUMMARY OF REQUIREMENTS
Treat, Store, And Dispose Of Hazardous Wastes; A Guidance Manual, April 1994
(available at http://www.epa.gov/epaoswer/hazwaste/ldr/guidance.html). If a
facility chooses to use the soil treatment standards, all UHCs present at levels
greater than 10 times UTS must be treated regardless of whether the soil contains
a listed waste or exhibits a characteristic when the soil is generated.
A contaminated soil that is going to be used in products that are subsequently used
in a manner constituting disposal must meet the treatment standards developed for
as-generated industrial waste at 40 CFR 268.40.
4.4.3 Why Did EPA Develop Alternative Soil Treatment Standards?
The soil treatment standards are designed to encourage more feasible cleanup of
hazardous contaminated soils subject to LDRs. Before these treatment standards
were developed, soils subject to LDRs were required to comply with traditional
technology-based treatment standards at 40 CFR 268.40 developed for industrial
hazardous waste. These treatment standards sometimes proved to be
inappropriate (e.g., requiring large quantities of soil to be incinerated) or
unachievable (e.g., did not account for heterogeneous soil matrices) when applied
to hazardous constituents present in soils, and thus acted as a disincentive to
cleanup. The soil treatment standards at 40 CFR 268.49 continue to be protective
of human health and the environment (as dictated under the RCRA statute under
section 3004(m)), but provide for more flexible treatment requirements that
consider the unique characteristics of soils and applicable treatment technologies
and are achievable using a variety of non-combustion treatment alternatives.
4.4.4 Why Are Contaminated Soils Regulated As Hazardous Waste?
Before treatment standards apply to contaminated soils, a soil must first "contain"
hazardous waste. Under RCRA, soil is not a solid waste, but it must be managed
as a hazardous waste if it "contains" hazardous waste. Soil "contains" hazardous
waste (i.e., is a hazardous contaminated soil) if, when generated (e.g., is
excavated), it:
is contaminated by a listed hazardous waste; or
exhibits a hazardous waste characteristic.
4-10 ALTERNATIVE TREATMENT STANDARDS
-------
LDR SUMMARY OF REQUIREMENTS
Contained-in Policy
The contained-in principle is the basis for our long-standing policy that applies RCRA Subtitle C
requirements to media contaminated with hazardous wastes. Under the contained-in policy,
media (e.g., soil) must be managed as a hazardous waste as long as it contains listed hazardous
waste or exhibits a hazardous waste characteristic. Under the contained-in policy, when
hazardous constituents are present in media below site-specific risk-based levels, the media
should no longer be regulated as a hazardous waste. The decision to no longer regulate media
as a hazardous waste is made by an authorized state or EPA region on a case-by-case basis via
a contained-in determination.
Impermissible Dilution
It is illegal to add soil to a hazardous waste (or vice versa) to dilute a hazardous waste to change
its treatment classification from non-soil to soil and thereby avoid proper treatment. It is therefore
illegal to falsely claim eligibility as a soil to take advantage of the soil-specific treatment standards.
Dilution is also impermissible if uncontaminated soil is added to hazardous soil in order to meet
treatment standards. However, incidental mixing of contaminated and uncontaminated soils
during pretreatment, removal, remediation, or normal earthmoving/grading activities is not
considered impermissible dilution.
4.4.5 When Do Hazardous Soil Alternative Treatment Standards
Apply to Hazardous Contaminated Soils?
Generally, hazardous contaminated soil is subject to treatment under the LDR
program if:
the soil is removed from the land (i.e., generated); and
the soil does not already meet applicable LDR treatment standards.
Treatment standards do not apply to in situ soils, nor do they force soils to be
excavated. If a contaminated soil is managed within an area of contamination
(AOC), even if it is "removed from the land" within such an area, the soil would
not be considered generated, and the LDR treatment requirements do not apply.
Area of Contamination (AOC)
We equate a discrete area of generally dispersed contamination to a RCRA unit. An AOC is a
RCRA unit where contamination is contiguous and of similar nature, but not necessarily
homogenous. For more information, the most recent EPA guidance is a March 25, 1996 EPA letter
titled, "Use of the Area of Contamination Concept During RCRA Cleanups." (Available from the
RCRA Call Center or http://www.epa.gov/epaoswer/hazwaste/ldr/guidance.htmltfmemos.)
ALTERNATIVE TREATMENT STANDARDS 4-11
-------
LDR SUMMARY OF REQUIREMENTS
For more information about AOCs and CAMUs, as well as other topics pertaining
to remediation waste, refer to the document, "Management of Remediation Wastes
Under RCRA" October 1998, in Appendix C.
4.4.6 When Are Alternative Soil Treatment Standards Available in
Authorized and Unauthorized States?
Like all LDR treatment standards, the soil treatment standards are promulgated
pursuant to the Hazardous and Solid Waste Amendments of 1984 (HSWA).
Because the alternative soil treatment standards are generally less stringent than
current federal requirements for soils, they will not go into effect in authorized
States until the States adopt and become authorized for them even though the
soil treatment standards are promulgated pursuant to HSWA.
If a state is authorized to implement the LDR treatment standards for any given
waste or constituent, and that waste or constituent is contained in contaminated
soil that is subject to LDRs, generally the more stringent treatment standard for
the as-generated industrial waste or constituent applies to contaminated soil until
the state adopts and becomes authorized for the soil treatment standards.
Similarly, if a state has adopted, under state law, an LDR treatment standard for
any given waste or constituent but has not yet received authorization for the
requirement, and that waste or constituent is contained in contaminated soil that is
subject to LDRs, the more stringent state requirement continues to apply until the
state adopts, under state law, the soil treatment standards. (See EPA guidance
memorandum from Elizabeth A. Cotsworth to RCRA Senior Policy Advisors,
Regions I-X, "Phase IV Land Disposal Restrictions Rule Clarification Of
Effective Dates" October 19, 1998).
Despite this convention, a state could, through implementation of state waiver
authorities or other state laws, allow compliance with the soil treatment standards
in advance of adoption or authorization. Thus, by using state law to waive
authorized or non-authorized state requirements, a state can allow immediate
implementation of the soil treatment standards without jeopardizing their RCRA
authorization. (This is similar to the approach the Agency took in promulgation of
the corrective action management unit rule. See 58 FR 8677, February 16, 1993.)
Therefore, it would be wise to contact the state regulatory agency before
undertaking soil remediation to see if the alternative soil treatment standards are
available in your state.
4-12 ALTERNATIVE TREATMENT STANDARDS
-------
LDR SUMMARY OF REQUIREMENTS
4.4.7 When Do Treatment Standards Apply to Soils Contaminated by
a Listed Waste?
When treatment standards apply to soil contaminated by a listed waste depends on
when the soil was contaminated. The following table summarizes how soils
contaminated with listed wastes must be handled:
If LDRs:
And If LDRs:
And If:
Then You:
Applied to the listed waste
when it contaminated the
soil
Apply to the listed waste
now
Must comply with LDR
treatment standards.
Did not apply to the listed
waste when the waste
contaminated the soil
Apply to the listed waste
now
No contained-in
determination has been
made prior to generation of
the contaminated soils
Must comply with LDR
treatment standards
Did not apply to the listed
waste when it contaminated
the soil
Apply to the listed waste
now
The soil has been
determined to not contain
the listed waste prior to the
soils first being generated
Do not need to comply with
LDR treatment standards
Did not apply to the listed
waste when it contaminated
the soil
Do not apply to the listed
waste now
Do not need to comply with
LDR treatment standards
The following examples illustrate the concepts described in the table.
Example of Contained-ln Determination
Scenario: A generator is in the process of excavating soil lightly contaminated with F006 sludge.
This sludge was land disposed before the effective date of the LDR prohibition. The soil does not
exhibit a characteristic. Before the soil is excavated (i.e. generated) a contained-in determination is
made because the constituent concentrations are below health-based levels.
Outcome: The contaminated soil does not have to meet LDR treatment standards.
Rationale: When the soil was first contaminated, there were no treatment standards for F006. LDRs
never attach to the soil because it is determined before the soil is generated that the soil does not
contain a listed waste or exhibit a characteristic.
ALTERNATIVE TREATMENT STANDARDS 4-13
-------
LDR SUMMARY OF REQUIREMENTS
Example of Soil Containing a Listed Waste
Scenario: A generator is excavating soil contaminated by F004 (spent halogenated solvents). F004
was land disposed in 1984 (before the effective date of the applicable LDR prohibition). The
contaminated soil contains high concentrations of cresols (a listed constituent of F004), and is
deemed to contain hazardous waste.
Outcome: The excavated soils are contaminated with a prohibited waste, and must meet LDR
treatment standards, before placement in a land disposal unit.
Rationale: Although the contaminating waste was not prohibited at the original point of disposal, the
soil now contains a prohibited hazardous waste when it is generated. Therefore, LDRs attach to the
soil at its point of generation.
Note that F004 became a prohibited waste after disposal of the original waste, but before generation
of the contaminated soils.
How Are Spills of Listed Waste Regulated Under the LDR Program?
Accidental one-time spills of listed prohibited waste are not considered placement of hazardous waste
into a land disposal unit, and thus do not trigger LDR requirements. In addition, hazardous waste
management activities during an immediate response period are exempt from RCRA permitting
requirements. However, spills of any sort that are routine and systematic could be considered land
disposal, and spills not cleaned up in a timely manner could be considered to be abandoned,
constituting land disposal. Such contaminated soils are subject to LDR treatment standards when
removed from the land. They remain applicable throughout the spill remediation because the
treatment standards attached to the original waste at the point it was generated. These spills are
typically addressed by state or federal authorities as "illegal disposal" under RCRA enforcement
jjrj^
4.4.8 What LDR Treatment Standards Apply to Soils Contaminated
by Listed Waste?
If a hazardous contaminated soil must meet LDRs before it is land disposed, then
you may choose to apply either:
the alternative soil treatment standards at 40 CFR 268.49, when available
in authorized states or where the LDR program is implemented entirely by
EPA; OR
the treatment standards for as-generated listed wastes at 40 CFR 268.40.
If a facility applies the soil treatment standards at 40 CFR 268.49, then all
underlying hazardous constituents present at levels greater than 10 times UTS
when the soils are generated must also be treated. If, however, a facility chooses
to comply with the treatment standards at 40 CFR 268.40 for as-generated
4-14 ALTERNATIVE TREATMENT STANDARDS
-------
LDR SUMMARY OF REQUIREMENTS
industrial waste, then underlying hazardous constituents do not have to be treated
if the soil is contaminated only with listed hazardous waste.
4.4.9 When May Soils Contaminated by a Listed Waste Be Disposed
in a Nonhazardous Waste (Subtitle D) Landfill?
If soil is contaminated by a listed waste and you want to dispose it in a
nonhazardous waste (Subtitle D) landfill, then:
the hazardous soil must meet applicable treatment standards; AND
EPA or an authorized state must determine that the soil no longer contains
hazardous waste (i.e., a contained-in determination).
These are minimum criteria. States or landfill owners can impose more stringent
standards or prohibit placement altogether.
Unless a facility receives a contained-in determination from EPA or the
authorized state, soils contaminated by listed wastes continue to carry the listed
waste code even after meeting applicable treatment standards and must be
managed in hazardous waste (Subtitle C) facilities.
4.4.10 How Do Treatment Standards Apply to Soils That Exhibit a
Hazardous Waste Characteristic When Generated?
If a soil exhibits the ignitability (D001), corrosivity (D002), reactivity (D003), or
toxicity (D004-D043) characteristic when generated, then the soil must be
managed as a hazardous waste. Underlying hazardous constituents must be
identified and treated for all wastes that exhibit a hazardous waste characteristic.
This applies to soils as well.
Sp///s of Hazardous Characteristic Waste:
If a soil is contaminated by a spill of characteristic waste, then a determination must be made as to
whether the soil exhibits characteristic properties. If the soil is identified as characteristic, then the
soil is considered to contain hazardous waste and RCRA requirements, including LDR treatment
requirements, apply. If the soil does not exhibit a characteristic, then LDR requirements do not
apply. However, treatment of the soil may still be required under cleanup authorities.
ALTERNATIVE TREATMENT STANDARDS 4-15
-------
LDR SUMMARY OF REQUIREMENTS
4.4.11 What LDR Treatment Standards Apply to Soils That Exhibit a
Hazardous Waste Characteristic When Generated?
If a hazardous waste-contaminated soil exhibits a hazardous waste characteristic
when removed from the land (i.e., generated), and therefore must meet LDRs
before it is land disposed, then a facility may choose to apply either:
the alternative soil treatment standards at 40 CFR 268.49, when available
in authorized states or where the LDR program is implemented entirely by
EPA; OR
the treatment standards for as-generated characteristic wastes at 40 CFR
268.40.
(Note that soil managed within an area of contamination (AOC), even if it is
"removed from the land" within such an area, would not be considered generated,
and the LDR treatment requirements would not apply. For more information, the
most recent EPA guidance is a March 25, 1996 EPA letter titled, "Use of the Area
of Contamination Concept During RCRA Cleanups." (Available from the RCRA
Call Center, or http://www.epa.gov/epaoswer/hazwaste/ldr/guidance.htmltfmemos.)
When applying either of these treatment standard options, all underlying
hazardous constituents (UHCs) present at levels greater than 10 times UTS when
the soils are generated must also be treated, except fluoride, selenium, sulfides,
vanadium and zinc. (Note: this is different than when soils are contaminated with
listed waste. In that case, if the treatment standards for as-generated industrial
waste at 40 CFR 268.40 are used, then there is no requirement to treat UHCs.
This difference is the result of court decisions interpreting EPA mandates under
RCRA.)
Special Consideration for Soils that Exhibit the Toxicity Characteristic
for Metals
We are currently temporarily deferring the requirement that polychlorinated
biphenyls (PCBs) be considered a UHC when they are present in soils that exhibit
the Toxicity Characteristic for metals (65 FR 81373; December 26, 2000). We
took this action because the regulation appears to be discouraging generators from
cleaning up contaminated soils, which is contrary to what we intended when we
4-16 ALTERNATIVE TREATMENT STANDARDS
-------
LDR SUMMARY OF REQUIREMENTS
promulgated alternative treatment standards for contaminated soils. In addition,
we need more time to restudy the issue of appropriate treatment standards for
metal-contaminated soils which also contain PCBs as UHC. The Agency still
requires generators to treat these soils to meet LDR standards for all hazardous
constituents except PCBs. Generators are also required to treat PCBs if the total
concentration of halogenated organic compounds in the soil equals or exceeds
1000 parts per million.
4.4.12 When May Soils That Exhibit Only a Hazardous Waste
Characteristic When Generated be Disposed in a
Nonhazardous Waste (Subtitle D) Landfill?
Soil that exhibits a hazardous waste characteristic when removed from the land
(i.e., generated) may be disposed in a nonhazardous waste (Subtitle D) landfill or
placed back on the land when the soil:
meets applicable treatment standards; AND
no longer exhibits a hazardous waste characteristic.
When applying the soil treatment standards, it is important to make sure that both
of the above criteria are met. In particular, soils that exhibit the toxicity
characteristic may be treated to the alternative soil treatment standards, yet still be
characteristic since the 10 times UTS can sometimes be above the hazardous
waste characteristic level. For example, the UTS for nonwastewater lead is 0.75
mg/L TCLP; 10 times UTS is 7.5 mg/L TCLP. This concentration is greater than
the characteristic level of 5.0 mg/L TCLP for lead. While a characteristically
hazardous soil treated to 7.5 mg/L TCLP for lead (assuming treatment of any
UHCs as well) meets the LDR treatment requirements, it is still characteristically
hazardous. This soil may be disposed of in a Subtitle C landfill, but cannot be
disposed in a Subtitle D landfill until it has also been treated below the
characteristic level.
4.4.13 How is Compliance with the Alternative Soil Treatment
Standards Measured?
When characterizing soils for purposes of complying with the soil treatment
standards, you should use normal soil characterization sampling and analysis
procedures. These procedures should be specified in the facility's waste analysis
ALTERNATIVE TREATMENT STANDARDS 4-17
-------
LDR SUMMARY OF REQUIREMENTS
plan and will be site specific. Compliance with the soil treatment standards will
be measured and enforced using grab samples of the treated residuals.
If you choose to reduce hazardous constituents by at least 90% so that no more
than 10% of the initial concentration remains or comparable reductions in
mobility for metals, then compliance with LDR treatment standards should be
based on:
total constituent analyses if soils are contaminated with constituents such
as organics and cyanide or if soils are contaminated with metals that have
been treated with removal technologies.
TCLP extract analyses if soils are contaminated with constituents such as
carbon disulfide, cyclohexanone, and methanol; and metals that have been
treated with stabilization technologies.
4.4.14 How Are Nonanalyzable Constituents Treated Using the Soil
Treatment Standards?
Nonanalyzable constituents do not have appropriate test methods or chemical
standards to properly measure compliance with LDR concentration-based
standards. A constituent is non-analyzable under LDR regulations when:
the appropriate 40 CFR 268.40 treatment standard specifies a treatment
technology; AND
there is no UTS numerical limit in Table UTS in 40 CFR 268.48.
If only nonanalyzable constituents are present, then constituents must be treated
using the 40 CFR 268.40-specified method for the contaminating waste.
If both analyzable and nonanalyzable organic constituents are present, then
analyzable organic constituents can be treated to the alternative soil treatment
levels. You may assume that nonanalyzable organic constituents are adequately
treated. It is not necessary to additionally test or treat the nonanalyzable organic
constituents once the analyzable organic constituents meet the alternative soil
treatment levels.
4-18 ALTERNATIVE TREATMENT STANDARDS
-------
LDR SUMMARY OF REQUIREMENTS
If both analyzable and nonanalyzable hazardous constituents are present and they
are comprised of a mixture of organics and inorganics, it is not reasonable to
assume in all situations that organic treatment would serve as a surrogate for
inorganic or metal treatment, or vice versa. Should the situation arise, it should be
addressed on a site-specific basis. The relevant factors to be considered include
the types of hazardous constituents, their concentrations (for the analyzable
constituents), and their amenability to common treatment.
4.4.15 How Are Treatment Residuals Resulting from Application of
the Alternative Soil Treatment Standards Managed?
If a treatment residual is a soil, then it should continue to be managed under the
soil treatment standards. Non-soil residuals, such as wastes generated during
application of separation technologies, are regulated as hazardous wastes if they
exhibit a characteristic of hazardous waste or if they derive from treating a soil
which contains listed hazardous waste. These non-soil residuals are subject to the
Universal Treatment Standards at 40 CFR 268.48.
4.4.16 Can I Obtain a Site-specific Variance from the LDR
Treatment Standards?
A risk-based treatability variance allows site managers, on a site-specific basis, to
essentially set LDR treatment standards at risk-based levels. If LDR treatment
levels will require you to treat soils beyond the point at which threats are
minimized as determined by site-specific assessment then EPA or an
authorized state may approve a variance from an otherwise applicable LDR
treatment standard. These variances are evaluated according to existing
treatability variance procedures at 40 CFR 268.44(h), including public notice and
comment.
Site-specific risk-based analysis must consider both short- and long-term threats
to human health and the environment, as well as uncertainties associated with land
disposal. This will encourage remedy choices that rely predominantly on
treatment to permanently and significantly reduce the concentrations or mobility
of hazardous constituents in contaminated soil. We anticipate that these variances
will most often be applied to on-site activities. If this variance were applied to
off-site land disposal, then the treatment standard would have to incorporate the
exposure pathways and receptors present at the off-site land disposal areas.
ALTERNATIVE TREATMENT STANDARDS 4-19
-------
LDR SUMMARY OF REQUIREMENTS
For further guidance, refer to the following documents:
A memorandum entitled, "Use of Site-Specific Land Disposal Restriction
Treatability Variances Under 40 CFR 268.44(h) During Cleanups"
(Available from the RCRA Call Center or on the EPA Home Page at
http://www.epa.gov/epaoswer/hazwaste/ldr/guidance.htmltfmemos.)
Variance Assistance Document: Land Disposal Restrictions Treatability
Variances & Determinations of Equivalent Treatment (Available from
the RCRA Call Center or on the EPA Home Page at
http://www.epa.gov/epaoswer/hazwaste/ldr/guidance.htmltfvariance.)
4.4.17 Does the Variance Take into Account Natural
Background Levels?
This variance also may be applied to sites where natural background levels
conflict with the soil treatment standards, as long as the soils will be managed
entirely on-site. In this case, soil treatment requirements may be set at the site's
naturally-occurring background concentrations.
Of course, EPA or an authorized state could determine, at any time, that any given
volume of soil did not contain (or no longer contained) any solid or hazardous
waste. These types of determinations might be made, for example, if
concentrations of hazardous constituents fall below background levels or are at
nondetectable levels. Such a determination would terminate all RCRA Subtitle C
requirements, including LDRs. The following flowchart is designed to assist you
in understanding the soil alternative treatment standards.
4-20 ALTERNATIVE TREATMENT STANDARDS
-------
Figure 4-2. Alternative Soil Treatment Standards
As-Generated Industrial
Waste Treatment Standards
(ง268.40)
Identify constituents that must
be treated before land disposal
Select constituents in
treatment table
r-
1
I
1
H
(/>
2
1
KJ
Determine initial
concentrations of
constituents that must be
treated before land disposal
Soil Alternative Treatment
Standards (ง268.49)
Identify constituents that must be
treated before land disposal
All UHCs reasonably expected
to be present in the soil
Do not include constituents
below 10 times UTS standard
Treat soil to meet more
stringent treatment levels
Determine initial
concentrations of UHCs that
must be treated before land
disposal
Treat the soil to meet either:
1) 90 percent reduction of
constituent level; OR
2) 10 times UTS level
(whichever is greater)
for each UHC of concern.
The soil exhibits one
or more hazardous
waste characteristics
when generated
Soil Alternative Treatment
Standards (ง268.49)
Identify characteristics and
constituents that must be treated
before land disposal:
Ignitable, corrosive, and
reactive characteristics
All UHCs reasonably expected
to be present in the soil
Do not include constituents
below 10 times UTS standard
As-Generated Industrial Waste
Treatment Standards (ง268.40)
Identify characteristics and
constituents that must be treated
before land disposal:
Ignitable, corrosive, reactive,
and toxic characteristics
All UHCs reasonably
expected to be present in
the soil
Determine initial concentrations of
UHCs that must be treated before
land disposal
Determine initial concentrations of
UHCs that must be treated before
land disposal
Decharacterize and treat the
soil to meet either:
1) 90 percent reduction of
constituent level; OR
2) 10 times UTS level
(whichever is greater)
for each UHC of concern.
Decharacterize and meet UTS
standards (ง268.48) for all
UHCs of concern
"Assumes that the generator did not obtain a
contained-in determination for the soil at
generation (However, a contained-in determination
can be obtained at any point between generation
and disposal)
t Although treatment standards have been met, it
is possible to treat toxicity characteristic wastes
without eliminating the hazardous waste
characteristic.
i
o
"n
%
s
e
1
1
-------
LDR SUMMARY OF REQUIREMENTS
4.5 What Is the Alternative Treatment Standard for Lab Pack Wastes
(40 CFR 268.42(c))?
We established alternative treatment standards for certain hazardous wastes
packaged in lab packs. A lab pack consists of small containers of wastes
overpacked in a larger container. Lab packs may be incinerated with no
requirement to measure compliance with waste concentration levels, provided
they do not contain any of the wastes listed in 40 CFR Part 268, Appendix IV (see
Figure 4-3). Residues from incineration of any lab pack containing arsenic,
barium, cadmium, chromium, lead, selenium, or silver must meet the treatment
standards for the these TC metals found in the table of Universal Treatment
Standards at 40 CFR 268.48.
Figure 4-3. Wastes Prohibited From Lab Packs
Waste Code Description/Common Name
D009 Mercury
F019 Wastewater treatment sludges from the chemical conversion coating of aluminum except from zirsonium
phosphating in aluminum can washing when such phosphating is an exclusive conversion coating process.
K003 Wastewater treatment sludge from the production of molybdate orange pigments
K004 Wastewater treatment sludge from the production of zinc yellow pigments
K005 Wastewater treatment sludge from the production of chrome green pigments
K006 Wastewater treatment sludge from the production of chrome oxide green pigments
K062 Spent pickle liquor generated by steel finishing operations of facilities within the iron and steel industry
K071 Brine purification muds from the mercury cell process in chlorine production, where separately prepurified
brine is not used
K100 Waste leaching solution from acid leaching of emission control dust/sludge from secondary lead smelting
K106 Wastewater treatment sludge from the mercury cell process in chlorine production
P010 Arsenic acid (H3As04)
P011 Arsenic oxide (As05), Arsenic pentoxide
P012 Arsenic oxide (As03), Arsenic trioxide
P076 Nitric oxide
P078 Nitrogen dioxide
U134 Hydrofluoric acid
U151 Mercury
4-22 ALTERNATIVE TREATMENT STANDARDS
-------
LDR SUMMARY OF REQUIREMENTS
V.
OTHER PROHIBITIONS
5.1 What Is the Purpose of this Chapter?
There are three different prohibitions that help to provide the framework for the
LDR regulations. The first and most fundamental prohibition is the prohibition
against land disposal of untreated hazardous wastes. This prohibition is the basic
premise of LDR requirements. It was discussed in Chapter 3.
This chapter focuses on the two other prohibitions that are essential to the LDR
program: the dilution prohibition and the storage prohibition. The dilution
prohibition prevents wastes from being diluted as a way to avoid meeting the
LDR treatment standards. The storage prohibition ensures that wastes are not
accumulated indefinitely as a means to delay compliance with the LDR treatment
standards. These prohibitions cease to apply once a waste is treated to meet its
waste-specific treatment standards.
5.2 What Is the Dilution Prohibition (40 CFR 268.3)?
The LDR dilution prohibition states that you cannot in any way dilute a hazardous
waste as a substitute for adequate treatment. The dilution prohibition implements
3004(m) of RCRA, which requires that hazardous constituents be destroyed,
removed, or immobilized before land disposal.
The dilution prohibition serves two main purposes: to ensure the actual treatment
of hazardous constituents; and to ensure that wastes are treated appropriately.
Dilution is not permitted when it is used
to avoid meeting an applicable treatment
Impermissible Dilution can occur if
standard or effective date. We refer to a waste is improperly treated. For
this as "impermissible dilution."
Impermissible dilution can occur under a
, f , T,, , could be impermissibly diluted if
number of circumstances. The most mangged inMbi0|0g ica|ytreatment
obvious is when solid wastes are added to
a waste to reduce the concentration or to
example, biological treatment does
not effectively remove toxic metals
from wastes. Therefore, wastes
with treatment standards for metals
systems that provide no additional
treatment (i.e., immobilization) for
the metals.
OTHER PROHIBITIONS 5-1
-------
LDR SUMMARY OF REQUIREMENTS
hide the presence of hazardous constituents.
In one case, EPA decided that treating the lead in spent foundry sand with iron
filings constituted impermissible dilution, because the waste was treated by an
ineffective method. A treatment method is ineffective when it does not destroy,
remove, or permanently immobilize hazardous constituents.
Wastes that are aggregated or mixed as a part of a legitimate treatment process,
and are subsequently diluted as a result, are not considered to be impermissibly
diluted under LDR.
Figure 5-1 presents a flowchart showing the decision-making steps in determining
whether dilution is, or is not, permissible.
5.2.1 When Is the Dilution of Characteristic Wastes Permissible?
Dilution is permissible under the following circumstances:
the waste is not entering a land disposal unit;
a treatment standard has not been established for a newly listed or
identified waste (Note: as of the date of publication all listed and
characteristic hazardous wastes had established treatment standards);
the waste is placed in a land disposal
unit that has an approved no
migration petition;
the waste is F003, K047, U002 or
characteristic waste (except High
TOC D001, D003 reactive cyanide, or
D012-D017 wastewater) being sent
to a Class I SDWA underground
injection well;
CWA equivalent treatment
includes:
biological treatment for
organics
alkaline chlorination
precipitation/sedimentation
of metals
reduction of chromium
any other treatment
technology demonstrated to
perform equally or better
than these technologies.
the waste is F003, K047, U002 or characteristic (except High TOC D001,
D003 reactive cyanide, or D012-D017 wastewater) being sent to a CWA
or CWA-equivalent system;
5-2 OTHER PROHIBITIONS
-------
LDR SUMMARY OF REQUIREMENTS
Figure 5-1. Dilution Decision Chart
Is the
waste being sent
or land disposal
Do you
treat waste
using iron
filings?
Are you
treating a
lead
waste?
Does the
standard in 268.40 specify
DEACT or a numerical
standard?
Is the waste listed
solely for exhibiting a
characteristic?
Is the waste a D003
reactive cyanide waste-
water or nonwastewater?
Is the waste going
to aCWAorCWA
valent treatment system,
or SDWA Class 1
injection well treatment
system?
Dilution is
prohibited
Dilution is
allowed
Note: The dilution prohibition does not apply
to wastes under a national capacity extension
or to wastes going to no-migration units.
*As of publication, the wastes were limited to
F003, K047, and U002.
OTHER PROHIBITIONS 5-3
-------
LDR SUMMARY OF REQUIREMENTS
contaminated soil is incidentally consolidated within the area of
contamination during cleanup and pretreatment/preparation for treatment
(e.g., sizing, blending, where legitimate);
the waste is combusted and meets the specified criteria discussed in
section 5.2.2.
Any dilution of hazardous wastes occurring outside the scope of these
circumstances may be considered impermissible dilution.
5.2.2 When Is the Combustion of Metal-Bearing Waste Permissible?
Combustion of inorganic or metal-bearing wastes can be another form of
impermissible dilution. We consider the releases of these metal and inorganic
constituents into the air or the residual ash to be dilution. Combustion of any of
the hazardous wastes listed in Appendix XI of Part 268 is not permitted unless the
wastes meet one or more of the following criteria (provided it is not otherwise
specifically prohibited from combustion):
at the point of generation or after treatment, the wastes contain hazardous
organic constituents or cyanide at levels exceeding the constituent-specific
universal treatment standards in 40 CFR 268.48; or
the wastes consist of organic, debris-like materials (e.g., wood, paper,
plastic, or cloth) contaminated with inorganic metal-bearing hazardous
wastes; or
at the point of generation, the wastes have a heating value greater than or
equal to 5000 BTU per pound; or
the wastes are cogenerated with wastes for which combustion is a required
treatment; or
the waste is subject to Federal and/or state requirements necessitating a
reduction in organics or biological agents; or
the wastes contain greater than 1 percent total organic carbon (TOC).
5-4 OTHER PROHIBITIONS
-------
LDR SUMMARY OF REQUIREMENTS
If a waste does not meet one or more of these criteria, performing combustion
would result in impermissible dilution of the waste. Appendix XI to Part 268 lists
the metal-bearing wastes prohibited from dilution in a combustion unit.
5.3 What Is the Storage Prohibition (40 CFR 268.50)?
It is permissible under RCRA to temporarily store prohibited hazardous wastes.
Storage of prohibited wastes is only allowed to accumulate a sufficient volume of
waste to facilitate proper treatment, recovery, or disposal of that waste. If you
generate the waste, you are subject to restrictions on accumulation time and other
general requirements under 40 CFR 262.34 and 40 CFR 268.50(a)(l) while such
waste is in storage. If you own or operate a TSDF, you are subject to marking and
labeling requirements for restricted wastes in storage (40 CFR 268.50(a)(2)) in
addition to any unit specific operating requirements in Parts 264 or 265.
We believe that a storage limit of up to one year generally provides sufficient time
for you to accumulate enough waste to facilitate proper recovery, treatment, or
disposal. However, we recognize that under some circumstances you may require
storage time beyond the one-year limit and will allow you to store hazardous
wastes subject to the LDR program for greater than one year.
If storage exceeds one
year, then you bear the
responsibility to prove
that the storage is
necessary to facilitate
proper recovery,
treatment, or disposal.
For storage periods less than or equal to one year,
the burden is on us to demonstrate that you are out
of compliance with the storage provisions. If you
need to store hazardous waste for a period beyond
one year, you are not required to submit any
notification to EPA. However, in the event of an
enforcement action, the burden of proof to justify
that such storage is necessary to facilitate proper recovery, treatment, or disposal
lies with you.
5.3.1 What Are the Conditions for Storing PCB Wastes?
A special case under this section of LDR pertains to the storage of PCB-
containing liquid wastes (40 CFR 268.50(f)). If you store liquid waste containing
PCBs at a concentration of 50 parts per million (ppm) or higher, the storage
cannot exceed one year for any reason. Furthermore, you are subject to additional
regulation under the Toxic Substances Control Act (TSCA).
OTHER PROHIBITIONS 5-5
-------
LDR SUMMARY OF REQUIREMENTS
In a related, but separate issue, we are temporarily deferring the requirement that
PCBs be considered a UHC when they are present in soils that exhibit the
Toxicity Characteristic for metals. Please see Section 4.4.11 for more details.
5-6 OTHER PROHIBITIONS
-------
LDR SUMMARY OF REQUIREMENTS
VI. RECORDKEEPING REQUIREMENTS
6.1 What Is the Purpose of this Chapter?
Chapter 6 discusses recordkeeping requirements for the LDR program. This
chapter helps you determine which records to prepare, submit, and keep at your
facility.
6.2 What Are the General Notification and Recordkeeping
Requirements?
Both generators and TSDFs that manage wastes subject to LDR must comply with
notification, certification, waste analysis, and recordkeeping requirements. These
requirements were put in place to allow EPA to track wastes from generation to
final disposal. The notification and recordkeeping requirements are found in 40
CFR 268.7.
40 CFR 268.7(a) contains the requirements for generators;
40 CFR 268.7(b) contains the requirements for treaters; and
40 CFR 268.7(c) contains the requirements for disposal facilities.
There are also special requirements for characteristic hazardous wastes found in
40 CFR 268.9 (See Section 6.8).
The following sections summarize the waste analysis and recordkeeping practices
that are required of generators and owners or operators of TSDFs.
6.3 What Are the Generator's Responsibilities?
For each hazardous wastestream generated, it is the generator's responsibility to
determine if the waste is subject to the LDR rules. Based on information gained
from testing the waste or an extract of the waste, you should characterize your
wastestreams by knowing the following:
all applicable EPA hazardous waste codes (40 CFR 261.21-24 and 40
CFR 261.31-33);
RECORDKEEPING REQUIREMENTS 6-1
-------
LDR SUMMARY OF REQUIREMENTS
the presence of regulated hazardous in listed wastes;
for characteristic wastes, the presence of underlying hazardous
constituents (for wastes which specify "and meet 268.48" in the treatment
standard);
for soils managed under the alternative soil treatment standards, the
presence of underlying hazardous constituents;
whether the waste is a wastewater or non-waste water; and
the relevant treatment standards specified at 40 CFR 268.40 (Treatment
Standards for Hazardous Wastes table). See Chapter 3 for information on
determining treatment standards.
Alternatively, you can determine if a waste is restricted based solely on
knowledge of the waste. If you rely solely on knowledge of a waste to draw a
conclusion regarding its status under the program, then you must maintain on-site
all supporting documentation upon which this conclusion was based (40 CFR
268.7(a)(5)).
How a waste is generated and managed will impact the notification and
certification requirements under LDR. Figure 6-1 represents a checklist for
generator notification and certification which highlights the major regulatory
requirements.
What Are the Notification Requirements for Listed Wastes That
Require Further Treatment?
If you send the listed waste off-site for further treatment in order to comply with
the LDR treatment standards, you must prepare a one-time notice to accompany
the initial waste shipment. The one-time notice must include the following:
the EPA hazardous waste and manifest numbers;
for F001-F005 and F039 wastes, a list of constituents to be monitored;
the treatability group and subcategory, if applicable; and
any available waste analysis data.
6-2 RECORDKEEPING REQUIREMENTS
-------
Figure 6-1. Generator LDR Notification Requirements Checklist
Required Information
EPA hazardous waste numbers and manifest number
of first shipment.
Provide a statement indicating that the waste is not
prohibited from land disposal.
Indicate that the waste is subject to the LDRs. Identify
the individual constituents of concern for F001-F005,
F039, and underlying hazardous constituents in
characteristic waste, unless the waste will be treated
and monitored for all constituents.
Include the applicable wastewater or nonwastewater
category (see 268. 2(d) and (f)) and subdivisions within
a waste code based on waste-specific criteria (e.g.,
D003 reactive cyanide).
Provide waste analysis data (when available).
Specify the date upon which the waste will become
subject to the LDRs (e.g., the date the national capacity
extension ends).
For hazardous debris treated with the alternative
treatment technologies of 268.45, list the contaminants
which are subject to treatment and indicate that these
contaminants are being treated to comply with 268.45.
For contaminated soil subject to LDRs as provided in
268.49(a), the constituents subject to treatment as
described in 268.49(d), and the following statement:
This contaminated soil [does/does not] contain listed
hazardous waste and [does/does not] exhibit a
characteristic of hazardous waste and [is subject
to/complies with] the soil treatment standards as
provided by ง268.49(c) or the universal treatment
standards.
A certification statement is needed (see applicable
section in 268. 7(a) for exact wording)
Waste Does Not
Meet Treatment
Standard
(ง268.7(a)(2))
Waste Does Meet
Treatment Standard
(ง268.7(a)(3))
Waste is Exempt From
LDR (e.g., extension or
variance)
(ง268.7(a)(4))
The Waste Is Treated With
Alternative Treatment
Standards For Lab Packs
(ง268.7(a)(9))
o
ง
i
I
1
1
a
CO
i
o
"n
%
s
e
1
1
all constituents will be treated and monitored, there is no need to list them all in the LDR notice.
-------
LDR SUMMARY OF REQUIREMENTS
The notification must be sent to the treatment facility and a copy should be kept in
your generator file. A new notice would need to be sent to the receiving facility if
any changes were made to the process which generates the waste, the character or
composition of the waste, or the receiving facility.
What Are the Notification and Certification Requirements for Wastes
Already Meeting the Treatment Standard?
If the waste meets the applicable treatment standards, you, as the generator, must
send a one-time notification and certification statement with the initial waste
shipment. The notice must include the same information as discussed for wastes
that do not meet the treatment standard. A certification statement written in
accordance with 40 CFR 268.7(a)(3) must be signed and accompany the waste.
The certification statement indicates that the waste meets the required treatment
standards. The notification and certification statements must be sent to the
disposal facility, and a copy of both forms should be kept in your generator file.
What Are the Requirements for Wastes That Are Treated On-Site?
Under federal regulations, you may treat hazardous wastes generated on-site in
accumulation units such as tanks, containers, and containment buildings that are
subject to 40 CFR 262.34. If this treatment is being performed in order to meet
the LDR treatment standard, you must develop and follow a written waste analysis
plan that describes the treatment method used to comply with the treatment
standard as required under 40 CFR 268.7(a)(5). For guidance on waste analysis
plan development, see Waste Analysis at Facilities that Treat, Store, or Dispose of
Hazardous Waste available from the RCRA Call Center or on the EPA Home
Page (http://www.epa.gov/epaoswer/hazwaste/ldr/guidance.htmltfmanuals). The
waste analysis plan must be kept on-site and made available to inspectors when
requested. When wastes treated on-site are shipped off-site for disposal, you must
comply with the generator notification and certification requirements of 40 CFR
268.7(a)(3) for wastes which meet their treatment standards prior to shipment off-
site. This notice must accompany the first shipment of waste and be retained in
the your generator files.
6-4 RECORDKEEPING REQUIREMENTS
-------
LDR SUMMARY OF REQUIREMENTS
6.4 What Are the Special Recordkeeping Requirements for
Characteristic Wastes (40 CFR 268.9)?
Once a characteristic waste has been treated to meet its applicable treatment
standards, it is no longer subject to Subtitle C regulation and thus no longer needs
to be managed at a hazardous waste TSDF. Such wastes are typically sent for
disposal at Subtitle D facilities. We were concerned that if generators or TSDFs
were to send LDR notifications along with such waste shipments, it could cause
confusion because Subtitle D facilities are unaccustomed to paperwork required
for hazardous wastes. For this reason, we developed special notification
requirements for characteristic wastes that have been treated and are no longer
regulated hazardous wastes. In these cases the facility that "decharacterizes" the
waste and treats it to meet any applicable LDR treatment standards must submit a
one-time notice to the EPA region or their state agency instead of to the disposal
or other management facility. The notification must also be placed in the
facility's files and must include the following information:
the name and address of the receiving facility; and
a description of the waste, including hazardous waste codes, treatability
groups and subcategories, and any underlying hazardous constituents.
The facility also must prepare a certification statement in accordance with 40 CFR
268.7(b)(5) to accompany the notification. Both certification and notification
statements must be updated if there are any changes to the waste or receiving
facility. Such changes must be submitted to the appropriate EPA region or state
agency on an annual basis.
Keep in mind that all shipments of the waste up until the point that it is no longer
subject to Subtitle C regulation (until it no longer exhibits any hazardous waste
characteristics) are subject to the applicable notification provisions of 40 CFR
268.7.
For example, if you, as a generator, were to treat a characteristic waste in its
accumulation tank such that the waste met all applicable LDR treatment
standards, you would only need to submit the one-time notice to the appropriate
EPA region or state agency in accordance with 40 CFR 268.9, along with the
RECORDKEEPING REQUIREMENTS 6-5
-------
LDR SUMMARY OF REQUIREMENTS
certification statement, prepared in accordance with 40 CFR 268.7(b)(5). These
records would also need to be placed in your on-site files.
What are the Requirements for Wastes that Are Exempt from LDR?
If the waste is subject to a case-by-case extension, a no-migration petition, or if
the effective date has not yet passed for a waste subject to a national capacity
variance, it is still subject to the LDR notification requirements. As a generator of
exempted wastes, you must complete a one-time notification. The notification
must include the following:
the EPA hazardous waste codes and manifest number;
a statement that the waste is not prohibited from land disposal;
any available waste analysis data; and
the date the waste will become subject to LDR.
Copies of the notification must be sent to the disposal facility and placed in your
generator file.
Even if the waste is exempt from Subtitle C regulation (and, therefore, not subject
to LDR) because you have determined that the waste is excluded from the
definition of solid or hazardous waste, a one-time notification must still be
maintained in your file as required by 40 CFR 268.7(a)(7). This notification must
include a statement regarding the generation of the waste, the exclusion or
exemption from Subtitle C regulation, and the final disposition of the waste. This
notification requirement will primarily be triggered under circumstances where no
other LDR notification or certification requirements apply, such as:
when wastes are discharged to Publicly Owned Treatment Works
(POTWs);
when wastes are discharged under National Pollutant Discharges
Elimination System (NPDES) permits; and
when characteristic wastes are diluted and then discharged to a Clean
Water Act (CWA), CWA-equivalent, or Class I Safe Drinking Water Act
(SOWA) system.
6-6 RECORDKEEPING REQUIREMENTS
-------
LDR SUMMARY OF REQUIREMENTS
What Are the Responsibilities for Small Quantity Generators
Operating Under Tolling Agreements?
If you are a small quantity generator who reclaims wastes through a tolling
agreement pursuant to 40 CFR 262.20(e), you are subject to LDR notification
requirements. You are required to submit a one-time notice and certification
statement in accordance with 40 CFR 268.7(a)(10). You must retain on-site, in
your files, a copy of the notification, certification, and tolling agreement for at
least three years after termination or expiration of the agreement. The three-year
recordkeeping period is automatically extended during enforcement actions or
when requested by EPA.
6.5 What Are the Notification and Certification Requirements for
Lab Packs?
Lab packs that will be treated according to the alternative treatment standards in
40 CFR 268.42(c) require specific notification and certification. (See Section 4.4
for discussion of lab pack treatment standards). The one-time notice you send to
the treatment facility must indicate only the hazardous waste codes and manifest
number. If the lab pack contains characteristic hazardous wastes, underlying
hazardous constituents do not need to be determined if the lab pack is being
treated under the alternative treatment standards. The notification must also be
accompanied by your certification, written in accordance with 40 CFR
268.7(a)(9), to indicate that the waste complies with the treatment standards.
Copies of both the notification and certification statements must be sent to the
treatment facility and kept in your generator files.
6.6 What Are the Notification and Certification Requirements for
HTM R Wastes?
Under 40 CFR 261.3(c)(2)(ii)(C), nonwastewater F006, K061, and K062 residues
generated from high temperature metals recovery (HTMR) are excluded from
hazardous waste regulations provided they meet the specified criteria (See Section
4.3 for discussion of HTMR treatment standards). As a generator using this
exclusion, you must prepare a one-time notification and certification as specified
in the exclusion. The notification must include such information as:
the name and address of the receiving facility;
RECORDKEEPING REQUIREMENTS 6-7
-------
LDR SUMMARY OF REQUIREMENTS
the EPA hazardous waste codes and treatability group; and
the treatment standards applicable to the waste.
You must sign a certification statement as specified in 40 CFR
261.3(c)(2)(ii)(C)(2). Copies of the notification and certification must be retained
in your files and another copy must be sent to the appropriate EPA region or
authorized state. These items must be updated if the process generating the waste
or the receiving facility changes. Such updates are required to be submitted to the
state or region only on an annual basis.
6.7 What Are the Notification Requirements for Hazardous Debris?
When hazardous debris is treated by using extraction or destruction alternative
treatment technologies, the debris is no longer a hazardous waste provided it does
not exhibit a characteristic (See Section 4.1 for discussion of Alternative Debris
Treatment Standards). Hazardous debris can also be excluded from hazardous
waste regulation through a contained-in determination. Under either
circumstance, your claim that hazardous debris is exempt from regulation must
include a one-time notice in accordance with 40 CFR 268.7(d). The one-time
notification must be submitted to the region or authorized state and include
information such as:
the name and address of the receiving facility;
a description of the hazardous debris as initially generated, including the
applicable hazardous waste codes; and
if applicable, the technology used to treat the debris.
Hazardous debris that has been treated through extraction or destruction is
excluded from hazardous waste regulation. However, the owner or operator of the
treatment facility must keep records regarding any inspections, evaluations, and
analyses of the treated debris used to certify compliance. Records must also be
kept of any information pertaining to the operating parameters of the treatment
process. Additionally, each shipment of treated debris must include a certification
statement from the treatment facility operator certifying compliance with the
alternative treatment standards.
6-8 RECORDKEEPING REQUIREMENTS
-------
LDR SUMMARY OF REQUIREMENTS
For hazardous debris treated through immobilization, the applicable notification
and certification provisions under 40 CFR 268.7(a) apply.
6.8 What Are the Notification and Certification Requirements for
Contaminated Soils?
Contaminated soil subject to the land disposal restrictions must comply with the
same recordkeeping requirements as other wastes subject to LDR (See Section 4.2
for Alternative Soil Treatment Standards). As a generator of a hazardous soil, you
must comply with the applicable provisions of 40 CFR 268.7(a) and include a
certification statement to be sent with the initial waste shipment and retained in
your files certifying that the soil does not contain a listed hazardous waste and
does not exhibit a hazardous characteristic.
Once a characteristic soil is treated to remove its hazardous characteristic, it is no
longer subject to Subtitle C regulation (however, it could require further treatment
if underlying hazardous constituents are present at the point of generation at levels
10 times UTS). If characteristic soil has been treated so it is no longer hazardous,
but still requires treatment, special notification requirements for treated
characteristic wastes (found at 40 CFR 268.9(d)) allow you to send a one-time
notice to the EPA region or your state agency, instead of the Subtitle D disposal
facility. This notification must be placed in the generator's files and include the
following information:
the name and address of the receiving facility; and
a description of the waste including hazardous waste codes, treatability
groups and subcategories, and any underlying hazardous constituents.
As a generator, you must also prepare a certification statement in accordance with
40 CFR 268.7(b)(5) to accompany the notification. Both the certification and
notification statements must be updated if there are any changes to your waste or
the receiving facility. Such changes must be submitted to the appropriate EPA
region or state agency on an annual basis.
RECORDKEEPING REQUIREMENTS 6-9
-------
LDR SUMMARY OF REQUIREMENTS
6.9 What Are the Recordkeeping Requirements for Treatment and
Disposal Facilities?
The notification and recordkeeping requirements for treatment facilities
(excluding generators treating on-site that are subject to 40 CFR 268.7(a)
requirements) are outlined in 40 CFR 268.7(b). In order to certify that wastes
meet the LDR standards, treatment facilities must test the wastes. Such tests must
be performed as set forth in the facility's waste analysis plan, which all TSDFs are
required to have (see 40 CFR 264/265.13). If, as a treatment facility, you ship the
treated waste off-site for disposal, you must file a one-time notification in
accordance with 40 CFR 268.7(b)(3)(ii) that must include the following
information:
the hazardous waste codes;
the hazardous constituents in F001-F005 and F039 and the underlying
hazardous constituents in characteristic wastes;
the treatability group; and
any waste analysis data.
The notification must be accompanied by a certification statement in accordance
with 40 CFR 268.7(b)(4) to certify that your wastes meet the treatment standards.
Copies of both the notification and certification must be maintained in your files
and must be updated if the waste or receiving facility changes.
Treatment facilities that ship wastes or residues from waste treatment off-site for
further treatment must comply with the notification and certification requirements
for generators in 40 CFR 268.7(a).
If you are a disposal facility, you also have LDR recordkeeping requirements that
are outlined under 40 CFR 268.7(c). These requirements help us to ensure that
wastes are being properly managed from cradle-to-grave. If you are a disposal
facility, you must ensure that the wastes you receive are in compliance with the
LDR regulations. This is done through testing the waste according to the
specifications outlined in your waste analysis plan. You also are required to
maintain records on-site of all the notifications and certifications received from
both generators and treaters.
6-10 RECORDKEEPING REQUIREMENTS
-------
LDR SUMMARY OF REQUIREMENTS
VII. VARIANCES, EXTENSIONS, AND EXEMPTIONS
7.1 What Is the Purpose of this Chapter?
Chapter 7 describes the variances, extensions, and exemptions under the LDR
program that may apply to the waste you are managing. In the LDR program, six
provisions allow for delays or exemptions from the application of treatment
standards and other LDR requirements. The six provisions are:
National Capacity Variance (40 CFR 268.30-268.39)
Case-by-Case Extension (40 CFR 268.5)
Treatability Variance (40 CFR 268.44)
Equivalent Method Variance (40 CFR 268.42(b))
No-Migration Petition (40 CFR 268.6)
Surface Impoundment Exemption (40 CFR 268.4 and 40 CFR 268.14)
7.2 What Is a National Capacity Variance (40 CFR 268.30-268.39)?
A national capacity variance is provided when EPA determines that sufficient
treatment capacity for certain hazardous wastes is not available on a nationwide
basis. The variance extends the effective date of the waste's treatment standard
until the earliest date when treatment capacity is expected to be available, with a
maximum of a two-year extension.
Wastes benefitting from a national
ranaritv variance are allowed to he land If waste subject to a capacity
capacity variance are allowed to be land variance is disposed in a landfill or
disposed without meeting treatment
standards. Appendix VII of 40 CFR Part
268 lists the LDR effective dates for all
hazardous waste covered by the LDR
surface impoundment, the unit must
be in compliance with certain
minimum technological
requirements (40 CFR268.5(h)(2)),
unless it is a newly regulated unit in
compliance with 40 CFR 268.14.
program. This section of the regulations
should be consulted to determine if a
waste is subject to a national capacity variance.
The recordkeeping requirements for LDR exempt wastes, discussed in section 6.2,
apply to wastes subject to a capacity variance.
VARIANCES, EXTENSIONS, AND EXEMPTIONS 7-1
-------
LDR SUMMARY OF REQUIREMENTS
7.3 When Is a Case-by-Case Extension Granted (40 CFR 268.5)?
In site-specific cases where adequate treatment capacity for a specific waste
cannot reasonably be made available by the effective date of prohibition, one can
petition EPA for an extension of the effective date on a case-by-case basis. EPA
may grant a case-by-case extension of up to one year, renewable only once, for
one additional year.
According to 40 CFR 268.5, to be considered for a case-by-case extension you
must demonstrate that:
you have made a good faith effort to locate adequate treatment capacity
(and no such capacity is available nationwide);
you have entered into a binding contract to construct or otherwise provide
adequate capacity;
such capacity cannot be made available by the prohibition's effective date
due to circumstances beyond your control;
the capacity being contracted for is sufficient to manage the entire quantity
of waste subject to the application;
a detailed schedule is provided outlining how and when alternative
capacity will be available;
you have arranged for adequate capacity to manage the waste during an
extension and disclosed the site locations; and
any surface impoundment or landfill used to manage the wastes during the
extension period must meet minimum technological requirements (MTRs),
including groundwater monitoring in compliance with 40 CFR
268.5(h)(2).
The recordkeeping requirements for LDR exempt wastes, discussed in section 6.2,
apply.
7-2 VARIANCES, EXTENSIONS, AND EXEMPTIONS
-------
LDR SUMMARY OF REQUIREMENTS
7.4 What Is a Variance From the Treatment Standard (40 CFR 268.44)?
If you are a generator or treatment facility whose wastes cannot be treated to
achieve the established treatment standards, or for which treatment standards are
not appropriate, you may petition EPA for a variance from the treatment standard
(treatability variance). Wastes that may be eligible for a variance include unique
wastes, remediation wastes, wastes formed by inadvertent mixing, or wastes that
otherwise are different in physical or chemical properties from those wastes used
to set the treatment standards. A treatment variance does not exempt your wastes
from treatment, but rather establishes an alternative LDR treatment standard.
What do "unachievable" and "inappropriate"
mean when considering a treatability
variance?
Unachievable - physical or chemical properties
of your waste differ significantly from waste
evaluated by EPA to establish treatment
standards, and your waste cannot be treated to
meet standards.
Inappropriate - treatment may be feasible, but
is either not appropriate, suitable, or practical
from a technical or environmental standpoint.
For remediation wastes only, inappropriate also
can mean that the treatment standard
discourages aggressive remediation.
In order for us to grant a
treatability variance for wastes
other than remediation waste or
contaminated soils, you must
successfully demonstrate that
the treatment standard for the
waste in question is either
unachievable or inappropriate:
"Unachievable" Treatability
Variance. To demonstrate that
a treatment standard is
unachievable, you must
demonstrate not only that the
waste is significantly different from the waste we evaluated in setting the
treatment standards, but also that the waste cannot be treated to meet the specified
levels.
"Inappropriate" Treatability Variance. To demonstrate that a treatment standard
is inappropriate, you must demonstrate that the imposition of the treatment
standard, while technically possible, remains unsuitable or impractical from a
technical or environmental standpoint. An example of this circumstance is when
a treatment standard would result in combustion of large amounts of mildly
contaminated soil or wastewater. The same reasoning could apply when media is
contaminated with metal contaminants and also contains low levels of organic
contaminants. In such a case, it may be inappropriate to require combustion
treatment of the organic contaminants both because it may be inappropriate to
VARIANCES, EXTENSIONS, AND EXEMPTIONS 7-3
-------
LDR SUMMARY OF REQUIREMENTS
combust media generally and because it may be inappropriate to combust wastes
where metals are the most significant hazardous constituents.
For remediation waste only, the imposition of the LDR treatment standard also
can be considered "inappropriate" if the standard results in a net environmental
detriment by discouraging aggressive remediation. An example of this situation
might be when a facility must remediate an area, and is reviewing whether to
legally leave waste in place undisturbed or excavate, thereby triggering treatment
to standards based on the LDR treatment standard, which can be cost-prohibitive.
In these circumstances, a treatment variance can provide an intermediate option of
more aggressive remediation, which may include substantial treatment of the
removed waste before disposal of that treatment residue a net environmental
benefit over leaving untreated waste in place. This situation often occurs when
LDR treatment would require that wastes be treated to achieve constituent
concentrations that fall below protective site-specific cleanup levels, increasing
remediation costs by forcing additional treatment of excavated wastes. In these
instances, EPA has indicated that consideration of a treatment variance is typically
warranted (because imposition of the otherwise applicable treatment standard
would discourage aggressive remediation and is, therefore, inappropriate) and
that, if a variance is approved, protective, site-specific cleanup levels may be used
as alternative LDR treatment standards.
To receive a treatability variance, you must collect and analyze a sufficient
number of samples to accurately characterize your waste. In addition, you should
investigate and report on pretreatment steps that could improve the effectiveness
of treatment. We may request additional information and waste samples to
determine whether or not to approve a variance. Finally, you should explain why
the treatment standard is not achievable for the waste. We will provide notice to
the public on our intention to either grant or deny a variance and will consider
public comments in our final decision. In granting a variance, we will establish a
new treatability group for that waste and set a new treatment standard if the
variance has generic applicability. If the variance is site-specific, we will set a new
treatment standard that will apply only to that waste at that single facility.
Prior to the establishment of the alternative treatment standards for contaminated
soils, we presumed that the treatability variance usually would apply to hazardous
contaminated soils. This was based on our assumption that the treatment standards
for "as-generated" wastes were generally unachievable or inappropriate for wastes
7-4 VARIANCES, EXTENSIONS, AND EXEMPTIONS
-------
LDR SUMMARY OF REQUIREMENTS
in a soil matrix. However, now that we have developed treatment standards
specifically for contaminated soils, this presumption no longer exists. Regardless,
variances are still available for contaminated soils. For example, a soil may not
be able to be treated to meet the alternative soil treatment standards using one of
the technologies we considered in establishing the alternative soil standards. In
other cases the soil treatment method may present an unacceptable risk to workers
and, therefore, be considered inappropriate. In both of these cases a treatability
variance could be sought.
An additional variance exists specific to contaminated soil. Under 40 CFR
268.44(h)(3) and 268.44(h)(4), variances from otherwise applicable LDR
treatment standards, including the alternative standards for soils, may be approved
if it is determined that compliance with the treatment standard would result in
treatment beyond the point at which short- and long-term threats to human health
and the environment are minimized. A determination can also be made that
compliance with the treatment standard would result in treatment consistent with
the natural background levels for the site where the contaminated soil will be
disposed. This allows a site-specific, risk-based determination to supersede the
technology-based LDR treatment standards under certain circumstances, thus
allowing regulators to align cleanup levels and treatment levels. Alternative land
disposal restriction treatment standards established through site-specific risk-
based minimize threat variances (discussed in this section) should be within the
range of values the Agency generally finds acceptable for risk-based cleanup
levels. Decisions to grant or deny these variances will be made by EPA Regions
or authorized states. The soil alternative treatment standards are discussed in
more detail in Chapter 4.
For further guidance, refer to the following documents:
A memorandum entitled, "Use of Site-Specific Land Disposal Restriction
Treatability Variances Under 40 CFR 268.44(h) During Cleanups"
(Available from the RCRA Call Center or on the EPA Home Page at
http://www.epa.gov/epaoswer/hazwaste/ldr/guidance.htmltfmemos.)
Variance Assistance Document: Land Disposal Restrictions Treatability
Variances & Determinations of Equivalent Treatment (available from the
RCRA Call Center or on the EPA Home Page at
http://www.epa.gov/epaoswer/hazwaste/ldr/guidance.htmltfvariance.
VARIANCES, EXTENSIONS, AND EXEMPTIONS 7-5
-------
LDR SUMMARY OF REQUIREMENTS
7.5 When Is a Determination of Equivalent Treatment Variance Granted
(40 CFR 268.42(b))?
For some restricted wastes, EPA expressed treatment standards as a specified
treatment method rather than as the constituent concentration levels in the waste.
These wastes must be treated using the specified technology in order to comply
with the LDR standards. In some situations, however, EPA will allow alternative
treatment methods to be used in place of the required technology as long as the
method can be demonstrated to be equivalent to the specified treatment standard.
Recommended Documentation for Treatability Variances
(The petition regulations are found at 40 CFR 260.20)
The petitioner's name, address, and statement of interest in obtaining a treatability variance.
The name, address, and EPA identification number of the waste generator, including the name
and phone number of the plant contact.
A description of the process(es) and feed materials involved in the generation of the waste and
an evaluation of whether they may produce a waste that is not covered by the demonstration.
A waste description, including the same characteristics that EPA used to develop the
BOATthis information can be obtained from the appropriate EPA BOAT background
document. (These documents are listed on page 40636 of the November 7, 1986 Federal
Register, page 31210 of the August 17, 1988 Federal Register, and page 26646 of the June 23,
1989 Federal Register. Similar lists of documents are available for the other major LDR rules
through the RCRA Call Center or on the EPA home page at http://www.epa.gov/epaoswer/
hazwaste/ldr/publications.htmD. Estimates of the average and maximum monthly and annual
quantities of waste covered by the demonstration are also required.
A description of the system used to treat the waste (e.g., process design and operating
conditions) and an explanation of why the treatment standards are not achievable or why they
are based on the inappropriate technology for treating the waste.
A description of any other treatment systems investigated by the petitioner (if any), the treatment
system believed by the petitioner to be appropriate for the waste, and the concentrations in the
treatment residue (orTCLP extract of the treatment residue) that can be achieved by using the
preferred treatment technique.
Descriptions of all sampling, sample handling, sample preparation, and test methods used to
obtain data indicating that the treatment standards are not achievable (sampling and testing
dates must also be submitted).
A certification that all of the information submitted in the petition is accurate is required.
7-6 VARIANCES, EXTENSIONS, AND EXEMPTIONS
-------
LDR SUMMARY OF REQUIREMENTS
To make this demonstration, you must submit an application to the EPA
Administrator demonstrating that the alternative treatment method can achieve a
measure of performance comparable to the specified technology. EPA will
provide notice to the public on their intention to either grant or deny a variance.
Comments received will be considered in EPA's final decision. If the application
is approved, wastes treated by the alternative method can be land-disposed
without further treatment.
7.6 When Is a No-Migration Variance Granted (40 CFR 268.6)?
Under certain circumstances EPA will allow wastes to be placed in land disposal
units without first meeting their treatment standards. If a petitioner can
demonstrate that hazardous constituents will not migrate from a unit at
concentrations greater than Agency-approved health-based levels, EPA will grant
a no-migration variance. A no-migration variance may be granted for up to 10
years, not to exceed a date beyond the term of the unit's permit. The regulatory
relief issued under a no-migration variance applies only to the unit and wastes
specified in the petition.
The petition must include a description of the disposal unit, the disposal unit site,
and other components outlined in 40 CFR 268.6(a). The petition must also meet
the environmental sampling and waste analysis criteria at 40 CFR 268.6(b).
Additionally, each petition must include a monitoring plan, as outlined in 40 CFR
268.6(c)(l)-(5). The monitoring plan must include, among other things, a
description of the media to be monitored, the location of monitoring stations, and
the specific constituents that will be monitored. The monitoring plan must verify
continued compliance with the conditions of the variance. All subsequent
changes to the conditions at the unit must be reported to EPA according to 40
CFR 268.6(e) stipulations.
7.7 When Is a Surface Impoundment Exemption Granted (40 CFR 268.4
and 40 CFR 268.14)?
Under LDR there are two exemptions established
for surface impoundments. The first exemption,
found at 40 CFR 268.4 allows wastes to be placed
in surface impoundments for treatment in the
impoundment without first meeting the LDR
Evaporation of hazardous
constituents cannot be
used as the principal
method of treatment.
VARIANCES, EXTENSIONS, AND EXEMPTIONS 7-7
-------
LDR SUMMARY OF REQUIREMENTS
treatment standards. In order to qualify for this exemption the unit must meet the
following conditions:
representative samples must be taken of the wastes in the surface
impoundments to determine if they meet the applicable treatment
standards;
liquid and solid treatment residuals not meeting their treatment standards
must be removed from the surface impoundment annually; the removed
residues must then be treated to meet the applicable standards before being
disposed and may not be placed in another surface impoundment; and
the facility must keep all records concerning such sampling and removal of
wastes.
The surface impoundment also must be designed in accordance with specified
criteria outlined in 40 CFR 268.4(a)(3), including the minimum technological
requirements (MTRs), such as a double liner, leachate collection system, and
groundwater monitoring system. Surface impoundments operating under a
waiver, or exempted from the retrofit requirements, must be equipped with one
liner, show no evidence of leaking, be located more than one-quarter mile from an
underground source of drinking water, and be in compliance with applicable
groundwater monitoring requirements.
If you are the owner or operator of surface impoundments and are seeking an
exemption for treatment of prohibited wastes, you must certify to the EPA
Regional Administrator under 40 CFR 268.4(a)(4) that the impoundment meets
MTRs and must submit a copy of the facility's revised waste analysis plan that
outlines methods for representative sampling and proper testing, frequency of
removal, and methods for removal of restricted residuals.
The second exemption for surface impoundments is found at 40 CFR 268.14.
This exemption applies only in situations where a nonhazardous waste surface
impoundment is storing a waste that then becomes newly subject to RCRA
requirements. Since these wastes are newly regulated, RCRA regulations require
these surface impoundments either to be closed or upgraded to meet MTRs within
four years. The exemption in 40 CFR 268.14 allows for the owner or operator of
newly regulated surface impoundments to continue managing prohibited wastes
7-8 VARIANCES, EXTENSIONS, AND EXEMPTIONS
-------
LDR SUMMARY OF REQUIREMENTS
without complying with MTRs for a period of up to four years before upgrading
or closing the unit. In order to achieve this exemption the unit must be in
compliance with the applicable groundwater monitoring provision under Part 40
CFR 265 Subpart F within 12 months of the promulgation of the new hazardous
listing or characteristic. If the surface impoundment continues to treat prohibited
wastes after the four years period, it must then be in compliance with 40 CFR
268.4.
VARIANCES, EXTENSIONS, AND EXEMPTIONS 7-9
-------
LDR SUMMARY OF REQUIREMENTS
VIII. SPECIAL ISSUES
8.1 What Is the Purpose of this Chapter?
Chapter 8 provides in-depth discussion of the two most frequently asked questions
about the LDR program hazardous waste point of generation and site
remediation issues.
8.2 What Is the Point of Generation?
According to RCRA regulations, when a waste is generated, you must make two
critical determinations:
(1) identify whether the waste is hazardous; and
(2) if so, identify whether the waste is prohibited under the Land Disposal
Restriction (LDR) program (40 CFR 262.11 and 40 CFR 268.1).
The requirement, therefore, is that the hazardous waste identification and LDR
determinations must be made at the point where the waste is first generated (also
known as the "point of generation"). The point of generation is usually defined as
the point at which a generator first determines that a material is no longer useful
(or the point at which the generator decides to discard the material). However,
under 40 CFR 261.4(c), hazardous waste is not generated from product or raw
material tanks, transport vehicles, vessels and pipelines, manufacturing process
units, or associated non-waste-treatment-manufacturing units until:
it exits the unit; or
the hazardous waste remains in the unit more than 90 days after the unit
ceases to be operated for manufacturing, or for storage or transportation of
product or raw materials.
Due to the complicated nature of some hazardous waste generating systems, it can
be difficult to determine the precise point at which a hazardous waste is generated.
SPECIAL ISSUES 8-1
-------
LDR SUMMARY OF REQUIREMENTS
If a waste is hazardous, you, as the generator, must make a second determination
at the point of generation concerning LDR applicability (See 40 CFR 268.1). Any
hazardous waste with a treatment standard designated in the 40 CFR 268.40 table
is restricted at the point of generation. If your restricted waste is destined for land
disposal (as defined in 40 CFR 268.2), it must be treated prior to disposal, unless
the waste is exempt under 40 CFR 268.1.
We have made the following clarifications in Federal Registers or guidance:
Surface Impoundments/Sludges Hazardous waste sludges can be
generated within an active surface impoundment unit, potentially
subjecting the unit to Subtitle C RCRA regulation. Sludges are generated
at the moment of deposition at the bottom of the unit. Deposition is
defined as a condition where there has been at least a temporary cessation
of lateral particle movement.
The commingling interpretation
applies only to tank cleanouts where
one vessel is receiving the rinse
waters from all the washouts. If the
residues are collected in separate
tanks or containers between rinses,
then the point of generation occurs
after each batch.
Commingling Where a waste
stream will eventually be
commingled with other waste
streams, the Agency generally
requires waste identification and
LDR determination to be made
at the point the waste is
generated, prior to the
commingling, even if the commingling occurs within a pipe (except in a
totally enclosed treatment system). One exception to this rule is that the
point of generation for tank cleanouts occurs at the end of the rinseouts in
the receiving rinsate tank, even though the first rinse is likely to be of
higher concentration than the other rinses.
Change in Treatability Group
Principle for Characteristic
Wastes For characteristic
wastes, each change in
treatability group constitutes a
new point of generation. LDR
prohibitions remain attached to the initial waste as long as the waste
remains within the same treatability group after treatment. Thus, for
Treatability groups are broad
classifications of waste for which
different treatment standards apply.
They include wastewaters,
nonwastewaters, and soils.
8-2 SPECIAL ISSUES
-------
LDR SUMMARY OF REQUIREMENTS
example, if a characteristic wastewater is treated and a non-wastewater
sludge is generated from the treatment process, the prohibition for the
wastewater does not automatically apply to the sludge. The resulting
sludges constitute a new point of generation and thus require a new
hazardous waste and LDR determination.
Rinsate and Residues from the Storage or Pretreatment ofDOOl High-
TOC (Total Organic Carbon) Hazardous Wastes According to
treatment standards, the D001 high-TOC nonwastewaters (i.e., 10 percent
or greater TOC) must be treated by recovery of organics or combustion in
a RCRA-permitted combustion unit. Several regulatory interpretations
affect the status of residues and rinsate from these wastes:
1) After pretreating D001 high-TOC hazardous waste by filtering or
decanting the waste and separating it into a liquid and a solid phase,
the liquid phase continues to exhibit the D001 high-TOC
characteristic, and the solid phase no longer exhibits the characteristic.
The Agency has determined that the solid phase from the pretreatment
step constitutes a new point of generation and thus can be handled as
nonhazardous waste, as long as the remaining liquids are destined for
treatment in compliance with the required treatment methods.
2) Since the TOC levels continue to cause the liquid phase waste to be
classified as a nonwastewater for the purposes of the LDR program
(see the definition of wastewater under 40 CFR 268.2), there is no
change in treatability group for sludges or residues derived from
wastewater treatment units. In situations where small amounts of the
D001 high-TOC liquids are inadvertently placed in wastewater
treatment systems, the Agency has determined that the resulting
sludges still represent a
change in treatability group
and thus a new point of
generation. trajn there js nQ obNgation to
at intermediate steps of a treatment
3) Once a storage tank is
emptied of D001 high-TOC
hazardous waste, the tanks
of the treatment process.
are often rinsed to clean the
Intermediate Steps For
treatment residuals that appear only
determine UHCs or to determine
whether the residual is itself
characteristic. The determination of
whether a new hazardous waste is
generated is made at the completion
SPECIAL ISSUES 8-3
-------
LDR SUMMARY OF REQUIREMENTS
tanks. We view the rinsate from an "empty" tank to be a newly
generated wastewater and thus the high TOC ignitable treatment
standards do not attach, unless the wastewater continues to exhibit the
D001 high-TOC characteristic.
Toxicity Characteristic Metal Constituents Concentrated During
Treatment During certain treatment processes, metal constituents may
be concentrated in the residual above the toxicity characteristic level. We
regard generation of a new characteristic treatment residual as being a new
point of generation for LDR purposes. In accordance with treatment
standards, this newly-formed hazardous waste would have to be treated to
below the characteristic, and any underlying hazardous constituents
(UHCs) would have to be treated to at or below their UTS levels. For
example, D007 chromium waste with a significant quantity of organics is
incinerated, but contains trace quantities of lead. The lead levels before
incineration are below UTS levels (and are thus not UHCs according to 40
CFR 268.2(i)). The resulting ash is no longer characteristic for chromium,
but lead is now present in the ash above the toxicity characteristic level for
D008 lead. Since the treatment residuals are themselves characteristic due
to a new property (in this example, lead), then the treater must make a new
determination of the UHCs present either through knowledge or
additional testing. See section 3.4.1 for more detail about the your
obligation to treat UHCs that concentrate above the UTS level during
treatment.
Recycling/Residues Residues remaining in a recycling unit are
considered a newly generated waste. This interpretation is made in
reference to the applicability of generator standards. For the purposes of
accumulation, since the residues are newly generated, they can be stored
for accumulation for 90 or 180 days following generation without
requiring a RCRA permit (40 CFR 262.34).
8.3 Site Remediation Issues
When we first developed treatment standards for hazardous wastes, the Agency
based the standards on the wastes as they were first generated. Therefore,
treatment standard methods and levels were all based on the form and matrix of
the waste that were generated straight out of industrial processes. We soon
8-4 SPECIAL ISSUES
-------
LDR SUMMARY OF REQUIREMENTS
realized, however, that wastes can be generated in many different forms during
remediation operations. Soils, debris, sludges, and contaminated materials can all
be generated during remediation and qualify as hazardous waste. We found that,
in many cases, the treatment standards were so technology-intense that operators
of remediation operations sought to leave the waste in place, rather than
remediating and treating the contaminated materials prior to disposal in a
hazardous waste protective landfill. We decided that it would be far more
desirable to provide some relief from the LDR regulations to provide incentives to
perform the remediation and significantly reduce the environment and health risks
associated with the contamination. The following regulations and guidance were
issued, at least in part, to assist with remediation:
Soil and Debris Alternative Treatment Standards (Discussed in Section 4.1
for Debris and 4.2 for Soil);
Treatability Variances (Discussed in Section 7.4);
Area of Contamination Policy;
Corrective Action Management Units; and
Temporary Units.
In what is typically referred to as the area of contamination (AOC) policy, EPA
interprets RCRA to allow certain discrete areas of generally dispersed
contamination to be considered RCRA units (usually landfills). Because an AOC
is equated to a RCRA land-based unit, consolidation and in situ treatment of
hazardous waste within the AOC do not create a new point of hazardous waste
generation for purposes of RCRA. This interpretation allows wastes to be
consolidated or treated in situ within an AOC without triggering land disposal
restrictions or minimum technology requirements.
Area of Contamination (AOC)
EPA equates a discrete area of generally dispersed contamination to a RCRA unit. An AOC is a
RCRA unit where contamination is contiguous and of similar nature, but not necessarily
homogenous. For more information, the most recent EPA guidance is a March 25, 1996 EPA letter
titled, "Use of the Area of Contamination Concept During RCRA Cleanups." (Available from the
RCRA Call Center, or http://www.epa.gov/epaoswer/hazwaste/ldr/guidance.html#memos.')
SPECIAL ISSUES 8-5
-------
LDR SUMMARY OF REQUIREMENTS
Contaminated soil can also be managed onsite through the use of a corrective
action management unit (CAMU) and temporary unit (TU). This allows an area
of land at a facility to be designated a CAMU and receive remediation wastes
without triggering LDR standards or minimum technological requirements
(MTRs). Under the CAMU rule, EPA and authorized states may develop and
impose site-specific design, operating, closure, and post-closure requirements for
CAMUs in lieu of minimum technological requirements for land-based units.
Although there is a strong preference for use of CAMUs to facilitate treatment,
remediation waste placed in approved CAMUs does not have to meet LDR
treatment standards. CAMUs must be approved by EPA or an authorized state
and designated in a permit or corrective action order.1
The main differences between CAMUs and the AOC policy are that when a
CAMU is used, waste may be treated ex situ and then placed in a CAMU,
CAMUs may be located in uncontaminated areas at a facility, and wastes may be
consolidated into CAMUs from areas that are not contiguously contaminated.
None of these activities are allowed under the AOC policy, which, as discussed
above, covers only consolidation and in situ management techniques carried out
within an AOC.
For further guidance, refer to the following documents:
A memorandum entitled, "Use of Site-Specific Land Disposal Restriction
Treatability Variances Under 40 CFR 268.44(h) During Cleanups,"
(Available from the RCRA Call Center or on the EPA Home Page at
http://www.epa.gov/epaoswer/hazwaste/ldr/guidance.htmltfmemos.)
Variance Assistance Document: Land Disposal Restrictions Treatability
Variances & Determinations of Equivalent Treatment, (available from the
RCRA Call Center or on the EPA Home Page at
http://www.epa.gov/epaoswer/hazwaste/ldr/guidance.htmltfvariance.)
For more information about AOCs and CAMUs, as well as other topics
pertaining to remediation, refer to the memorandum entitled "Management
of Remediation Wastes Under RCRA," October 14, 1998, in Appendix C.
JOn August 22, 2000 (65 FR 51080), EPA proposed amendments to the CAMU standards. If finalized, the proposed
amendments would modify the types of waste that may be managed in CAMUs, the design standards that apply to CAMUs, the
treatment requirements for wastes placed in CAMUs, information submission requirements for CAMU applications, responses to
releases from CAMUs, and public participation requirements for CAMU decisions. However, the CAMU would still be exempt
from LDR and MTR standards.
8-6 SPECIAL ISSUES
-------
LDR SUMMARY OF REQUIREMENTS
1 IX.
HISTORICAL CONTEXT
9.1 What Is the Purpose of this Chapter?
Chapter 9 provides a historical context to the LDR program because it may be
helpful to understand how this program evolved and why certain provisions in the
LDR program were promulgated.
9.2 HSWA Mandate
When the Hazardous and Solid Waste Amendments (HSWA) to RCRA were
passed in 1984, Congress added a new Land Disposal Restriction program to the
RCRA framework. The statute at section 3004(m) required that the EPA
promulgate treatment standards for hazardous waste to substantially diminish the
toxicity or mobility of hazardous wastes so that short- and long-term threats to
human health and the environment are minimized. In response, we developed a
series of rulemakings under the LDR Program setting forth standards for treatment
of hazardous wastes destined for land disposal.
9.3 Early Rulemakings
Under HSWA, we were required to promulgate land disposal restriction treatment
standards by May 8, 1990 for all wastes listed or identified as hazardous at the
time of the amendments. To achieve this, Congress created a time frame for the
implementation of treatment standards for all wastes which were in existence
prior to HSWA. This time frame consisted of initial rulemakings to account for
highly hazardous or wide-spread wastes, and a three-part schedule to address the
remaining wastes by certain deadlines. The rulemakings that made up the three-
part schedule are commonly called the "thirds." The rules are referred to as
follows:
the Solvents and Dioxins rule;
the California List rule;
the First Third rule;
the Second Third rule; and
the Third Third rule.
HISTORICAL CONTEXT 9-1
-------
LDR SUMMARY OF REQUIREMENTS
9.4 The Phases
For wastes identified or listed as hazardous after the 1984 amendments, we were
to promulgate land disposal restriction treatment standards within six months of
the date that the listing or identification became final. We did not meet the latter
requirements and, subsequently, were sued by the Environmental Defense Fund
(EDF). In a signed consent decree in EDF v. EPA, we agreed to a schedule for
completing land disposal restrictions treatment standards for the remaining
hazardous wastes.
In a separate court action, we were sued by Chemical Waste Management (CWM
v. EPA) on existing treatment standards for characteristic waste (established in the
Third Third rule). In its decision, the court ruled that characteristic wastes must
be treated to address the possible existence of underlying hazardous constituents.
This ruling originally applied to both land disposal of characteristic hazardous
waste and management in a land-based system regulated under the Clean Water
Act (CWA) or the Safe Drinking Water Act (SOWA).
Combined, these two court cases had a massive impact on the LDR program.
EDFv. EPA established an aggressive schedule for completion of outstanding
land disposal restriction treatment standards. CWMv. EPA forced us to
reconsider existing treatment standards for characteristic wastes and to develop
new approaches for the management of wastewaters in land-based units. In
response to these two court decisions, we promulgated four different rulemakings
(or phases) between 1991 and 1998.
On March 26, 1996, only days before the Phase HI rule was published as final,
President Clinton signed into law the Land Disposal Program Flexibility Act of
1996. This law changed the portion of CWM vs. EPA requiring treatment of
underlying hazardous constituents for characteristic wastes in CWA, Clean Water
Act-equivalent, and SDWA Class I injection well systems that use land based
units.
With completion of the Phase IV final rule, we have now established a treatment
standard for all listed and newly identified hazardous wastes. For wastes that are
listed after the Phase IV rulemaking, we will now promulgate an LDR treatment
standard with the listing decision.
9-2 HISTORICAL CONTEXT
-------
LDR SUMMARY OF REQUIREMENTS
9.5 Historical Research
You may be performing historical research for a number of reasons. The most
common reason is that you may be researching a site with historical contamination
(perhaps under a RCRA corrective action or Superfund action), and you need to
know whether the waste was disposed in compliance with the LDR regulations at
the time of disposal. In this case (or in a similar scenario), the easiest reference
point is in the regulations: 40 CFR Part 268, Appendix VII, contains all LDR
effective dates for all surface disposed listed wastes as of the final LDR Phase IV
rulemaking. 40 CFR Part 268, Appendix VIE, contains all LDR effective dates
for underground injection wastes as of the final LDR Phase IV rulemaking. This
information is organized by waste code. (For detailed information about Phase IV
effective dates, see an EPA guidance memorandum from Elizabeth A. Cotsworth
to RCRA Senior Policy Advisors, Regions I-X, "Phase IV Land Disposal
Restrictions Rule Clarification of Effective Dates," October 19, 1998, available
from the RCRA Call Center or on the EPA Home Page at
http://www.epa.gov/epaoswer/hazwaste/ldr/guidance.htmltfmemos.)
Alternatively, you may be performing detailed historical research about a
regulation, regulatory interpretation or about the formation of a treatment
standard. In this case, you will need to consult the Federal Registers that were
published to implement the LDR program and associated docket materials. It is
often helpful to revisit past Federal Registers when trying to understand the
development of provisions in the regulations. It is important to note, however,
that over time significant changes have been made to the LDR program and in
some instances the information contained in past rulemakings may no longer be
applicable. The following list is a compilation in chronological order of the major
Federal Registers which promulgated the LDR regulations. For an exhaustive list
of Federal Registers that promulgated the LDR regulations, see the EPA home
page at http://www.epa.gov/epaoswer/hazwaste/ldr/rules.html or contact the
RCRA Call Center. Most Federal Registers from 1993 to present are available
on-line at the address shown above. If you do not have access to the Internet or
you would like to order a hard copy of any of the Federal Registers., please
contact the RCRA Call Center (at (800) 424-9346 or (703) 412-9810 in the
Washington, DC metropolitan area).
HISTORICAL CONTEXT 9-3
-------
LDR SUMMARY OF REQUIREMENTS
Figure 9-1. Land Disposal Restrictions Regulation Federal Registers
Date
Federal Register1 Contents
January 14, 1986
May 28, 1986
November 7, 1986
December 11, 1986
June 4, 1987
July 8, 1987
April 8, 1988
May 17, 1988
July 26, 1988
August 16, 1988
August 17, 1988
Jan. 11, 1989
February 27, 1989
May 2, 1989
June 14, 1989
June 14, 1989
June 23, 1989
September 6, 1989
November 22, 1989
February 26, 1990
March 29, 1990
June 1, 1990
June 13, 1990
January 31, 1991
April 12, 1991
May 30, 1991
August 19, 1991
August 29, 1991
October 24, 1991
January 9, 1992
February 4, 1992
March 6, 1992
May 15, 1992
May 26, 1992
June 26, 1992
July 20, 1992
August 11, 1992
August 18, 1992
October 20, 1992
51FR1602
51FR19305
51FR40636
51FR44714
52 FR 21014
52 FR 25787
53 FR 11742
53 FR 17578
53 FR 281 18
53 FR 30908
53 FR 3 1211
54 FR 1058
54 FR 18266
54 FR 18837
54 FR 25422
54 FR 25422
54 FR 26647
54 FR 36970
54 FR 48372
55 FR 6640
55 FR 11798
55 FR 22520
55 FR 23935
56 FR 3876
56 FR 15020
56 FR 24444
56 FR 41 164
56 FR 42730
56 FR 55 160
57FR958
57 FR 4172
57 FR 8086
57 FR 20766
57 FR 22024
57 FR 28628
57 FR 3 1962
57 FR 35940
57 FR 37194
57 FR 47772
Proposed LDR Framework
Provides Implementation Schedule
Solvents and Dioxins Rule
"California List Wastes" Proposed Rule
Corrections to November 7, 1986 Rule
"California List Wastes" (halogenated wastes, certain metal-bearing wastes, polychlorinated
biphenyls (PCBs), and cyanide and corrosive wastes)
"First Third" Wastes Proposed Rule: Part One
"First Third" Wastes Proposed Rule: Part Two
Underground Injection Control (UIC): Solvents and Dioxins
UIC: California List and some "First Third" Wastes
"First Third" Wastes
"Second Third" of Scheduled Hazardous Wastes: Proposed Rule
Amendment to Schedule for Multisource Leachate
Amendments to "First Third" Rule
UIC: "Second Third" Wastes
UIC: "Third Third" Wastes
"Second Third" Wastes
Corrections to August 17, 1988 and May 2, 1989 "First Third" Rules
"Third Third" Wastes Proposed Rule
LDR, Response to Court Remand
Toxicity Characteristic Revisions: Final Rule
"Third Third" Wastes and Characteristic Wastes (D001-D017)
Corrections to September 6, 1989 Rule
"Third Third" and Characteristic Wastes Technical Correction Notice
LDR Regulation of Electric Arc Furnace Dust (K061): Proposed Rule
LDR, Treatment Standards for Newly Identified Wastes and Debris: Advance Notice of
Proposed Rulemaking
LDR, Regulation of Electric Arc Furnace Dust (K061): Final Rule
Enforcement of Storage Prohibitions, Policy Statement
LDR, Newly Identified Hazardous Wastes and Contaminated Soil, Advance Notice of
Proposed Rulemaking
"Phase I" LDRs Proposed Rule
LDR Surface Impoundment Retrofitting Deadline: Proposed Rule
"Third Third" and Characteristic Waste Second Technical Correction Notice
LDR Contaminated Debris Generic Case-By-Case Extension: Notice to Approve
LDR DOE Mixed Waste Extension: Notice of Proposed Decision to Grant
LDR Case-By-Case Extension (for lead-bearing hazardous materials): Notice to Approve
Stay of March 6, 1992 Technical Amendment for UIC
LDR "No Migration" Variances (interpretation): Proposed Rule
"Phase I" LDRs: Newly Listed Hazardous Waste and Debris
LDR Generic Case-by-Case Capacity Variance for Hazardous Soils: Approval
9-4 HISTORICAL CONTEXT
-------
LDR SUMMARY OF REQUIREMENTS
Date Federal Register1 Contents
March 17, 1993
May 14, 1993
May 24, 1993
September 14, 1993
March 8, 1994
April 20, 1994
May 27, 1994
September 19, 1994
September 19, 1994
Januarys, 1995
March 2, 1995
August 22, 1995
October 25, 1995
November 20, 1995
January 25, 1996
April 8, 1996
April 8, 1996
April 29, 1996
May 10, 1996
April 30, 1996
June 28, 1996
July 10, 1996
August 16, 1996
January 14, 1997
February 19, 1997
March 5, 1997
May 12, 1997
May 12, 1997
June 17, 1997
July 14, 1997
August 28, 1997
November 10, 1997
December 5, 1997
May 26, 1998
June 8, 1998
August 4, 1998
August 6, 1998
August 31, 1998
September 4, 1998
58 FR 143 17
58 FR 28506
58 FR 29860
58 FR 48092
59 FR 10788
59 FR 18813
59 FR 27546
59 FR 47980
59 FR 47982
60 FR 242
60 FR 11 702
60 FR 43654
60 FR 54645
60 FR 57747
61 FR 2338
61 FR 15565
61 FR 15660
61 FR 11804
61 FR 21417
61 FR 19117
61FR33680
61 FR 36419
61FR43924
62 FR 1992
62 FR 7502
62 FR 10004
62 FR 25998
62 FR 26041
62 FR 32973
62 FR 37694
62 FR 45568
62 FR 60465
62 FR 64504
62 FR 28555
63 FR 3 1266
63 FR 41536
63 FR 421 10
63 FR 46332
63 FR 47410
"Third Third" rule: suspends portions of the March 6, 1992 technical amendment regarding
reactive sulfide and reactive cyanide wastes
Renewal of Capacity Variance for Hazardous Debris
"Third Third" Wastes Emergency Rule for D001 and D002 Wastes
"Phase II" LDRs Proposed Rule
LDR, Phase II-Newly Identified Wastes and Contaminated Soil: Clarification
Enforcement Policy on Storage of Mixed Wastes, Policy Statement
LDR Clarification of the Dilution Prohibition and Combustion of Metal-Bearing Wastes:
Notice of Availability
LDR Testing and Monitoring Activities: Final Rule Correction of August 31, 1993 FR notice
"Phase II" LDRs: Universal Treatment Standards and TC Organic Wastes
"Phase II" LDRs: Technical Amendments
"Phase III" LDRs Proposed Rule
"Phase IV" Proposed LDRs: Issues Associated With Clean Water Act Equivalency, and
Treatment Standards for Wood Preserving and TC Metal Wastes
"Phase IV": Proposed Rule Correction
Identification and Listing of Petroleum Refining Wastes: Proposed Rule
"Phase IV" LDRs Proposed Supplemental Rulemaking on Mineral Processing Wastes
"Phase III" Final LDRs: Decharacterized Wastewaters, Carbamate Wastes, and Spent Potliners
"Phase III" LDRs: Partial Withdrawal
HWIR Media Proposed Rule
"Phase IV" LDRs: Notice of Data Availability
"Phase III" LDRs: Technical Correction Notice
"Phase III" LDRs: Technical Correction Notice
"Phase III" LDRs: Technical Correction Notice
Carbamate Wastes Final Rule
LDR Extension of the K088 Capacity Variance: Final Rule
LDR Correction of Tables: Final Rule Reaction to November 1, 1996 Court Decision
Dithiocarbamate Task Force v. EPA
"Phase IV" LDRs: Notice of Data Availability
"Phase IV" Final LDRs: Wood Preserving Wastes
"Phase IV" Second Supplemental Proposal
Carbamate Production Wastes, Vacates Listing and Treatment Standard: Final Rule
"Phase III" Emergency Extension of the K088 National Capacity Variance: Final Rule
"Phase III" Second Emergency Revision of Treatment Standards for Wastes From Carbamate
Production: Immediate Final Rule
"Phase IV" LDRs: Notice of Data Availability
Clarification of Standards for Hazardous Waste LDR Treatment Variances
"Phase IV" Final LDRs
"Phase IV" LDRs: Technical Correction Notice
"Phase III" K088: Notice of Data Availability
Identification and Listing of New Petroleum Refining Wastes: Final Rule
LDR Hazardous Waste Recycling, Zinc Micronutrient Fertilizer: Final Rule
"Phase III" Emergency Revision of Treatment Standards for Carbamates: Final Rule
HISTORICAL CONTEXT 9-5
-------
LDR SUMMARY OF REQUIREMENTS
Date Federal Register1 Contents
September 24, 1998
May 11, 1999
May 28, 1999
July 23, 1999
July 25, 1999
July 27, 1999
October 20, 1999
February 16, 2000
June 19, 2000
July 12, 2000
63 FR 5 1254
63 FR 25409
64 FR 28949
64 FR 40 192
64 FR 46475
64 FR 40534
64 FR 56469
65 FR 7809
65 FR 37932
65 FR 42937
Treatment Standards for Spent Aluminum Potliners (K088), Final Rule
"Phase IV" LDRs: Technical Correction Notice
Potential Revisions to the LDR Mercury Treatment Standards: Advance Notice of Proposed
Rulemaking (ANPRM)
Identification and Listing of Dye and Pigment Wastes: Proposed Rulemaking
Identification and Listing of Chlorinated Aliphatics Production Wastes: Proposed Rule
Potential Revisions to the LDR Mercury Treatment Standards: ANPRM, Extension of
Comment Period
"Phase IV" LDRs: technical correction notice to the May 1 1, 1999 Federal Register Notice
Deferral of Phase IV Standards for PCB's as a UHC in Soil: Proposed Rule
LDR Reinvention Advance Notice of Proposed Rulemaking
LDR Treatment Standards for Spent Aluminum Potliners (K088) and Regulatory Classification
of Vitrification Units: Proposed Rule
1 Federal Register (FR) citations (e.g., 51 FR 19305) are read Volume 51 Federal Register page number 19305.
9-6 HISTORICAL CONTEXT
-------
Appendix A
Glossary of Terms
-------
LDR SUMMARY OF REQUIREMENTS
GLOSSARY OF TERMS
Some of the following definitions have been expanded to clarify the regulatory definitions. For
the exact definition, please refer to the regulations at 40 CFR 260.10, 40 CFR 268.2, and 40 CFR
270.2.
Authorized State: means a State which has been approved or authorized by EPA under 40 CFR
Part 271, The Requirements for Authorization of State Hazardous Waste Programs (see
definition under 40 CFR 270.2).
California List: Effective July 8, 1987, this rule prohibited disposal (except by deep well
injection) of California List wastes. California List wastes are liquid and nonliquid hazardous
wastes containing HOCs above 1,000 ppm, and liquid hazardous wastes containing PCBs above
50 ppm, certain toxic metals above specified statutory concentrations, or corrosive liquid wastes
that have a pH level below 2. This list is based on regulations developed by the California
Department of Health Services. The treatment standards promulgated by the California list rule
were superceded by the Phase IV rule, except for PCBs in soil. Please see the promulgating
Federal Register for more details (65 FR 81373; December 26, 2000)
Certification: A written statement of professional opinion and intent signed by an authorized
representative that acknowledges an owner or operator's compliance with applicable LDR
requirements. Certifications are required for treatment surface impoundment exemption
requests, applications for case-by-case extensions to an effective date, no-migration petitions, and
waste analysis and recordkeeping provisions applicable to any person who generates, treats,
stores, or disposes of hazardous wastes. The information referenced by the certification must be
true, accurate, and complete and there are significant penalties for submitting false information,
including fine and imprisonment.
Clean Water Act-equivalent System: A wastewater treatment system that engages in CWA-
equivalent treatment before ultimate land disposal.
Clean Water Act-equivalent Treatment: Biological treatment for organics, alkaline
chlorination or ferrous sulfate precipitation for cyanides, precipitation/sedimentation for metals,
reduction of hexavalent chromium, or other treatment technology that can be demonstrated to
perform equally or better than these technologies.
Containment Building: A completely enclosed hazardous waste management unit with self-
supporting walls; floors of sufficient strength to support the structure, the waste, and heavy
equipment and personnel; secondary containment; a liquid collection system; and fugitive dust
controls.
Deactivation: Treatment of a characteristic hazardous waste to remove ignitability, corrosivity,
or reactivity.
Glossary of Terms A-1
-------
LDR SUMMARY OF REQUIREMENTS
Debris: Solid material exceeding a 60 mm particle size that is intended for disposal and that is:
a manufactured object; or plant or animal matter; or natural geologic material. However, the
following materials are not debris: any material for which a specific treatment standard is
provided in 40 CFR Subpart D, Part 268, namely lead acid batteries, cadmium batteries, and
radioactive lead solids; process residuals such as smelter slag and residues from the treatment of
waste, wastewater, sludges, or air emission residues; and intact containers of hazardous waste
that are not ruptured and that retain at least 75 percent of their original volume. A mixture of
debris that has not been treated to the standards provided by 40 CFR 268.45 and other material is
subject to regulation as debris if the mixture is comprised primarily of debris, by volume, based
on visual inspection.
Extraction Procedure Toxicity Test: The Extraction Procedure Toxicity Test (EP Tox Test) is
used to determine the toxicity characteristic of a waste. It has is now been largely replaced by the
TCLP.
Facility: All contiguous land and structures or other appurtenances and improvements on the
land, used for treating, storing, or disposing of hazardous waste. A facility may consist of several
treatment, storage, or disposal operational units (e.g., one or more landfills, surface
impoundments, or combinations of them).
First Third Rule: Effective August 8, 1988, this rule prohibited the land disposal of 62 wastes
and set restrictions on 121 others. It regulates some of the F-coded wastes such as bath solutions
from electroplating processes, some of the K-coded wastes such as acetonitrile production
wastes, and some of the P- and U-coded wastes, which are discarded commercial chemical
products, such as formaldehyde.
Hazardous and Solid Waste Amendments (HSWA): Amendment to RCRA in 1984, that
minimizes the Nation's reliance on land disposal of hazardous waste by, among other things,
requiring EPA to evaluate all listed and characteristic hazardous wastes according to a strict
schedule to determine which wastes should be restricted from land disposal.
Hazardous Constituent: Constituents listed in 40 CFR Part 261, Appendix VIII.
Hazardous Debris: Debris (see definition of debris) that contains a hazardous waste listed in 40
CFR Part 261, Subpart D or that exhibits a characteristic of hazardous waste identified in 40 CFR
Part 261, Subpart C. Any deliberate mixing of prohibited hazardous waste with debris that
changes its treatment classification (i.e., from waste to hazardous debris) is not allowed under the
dilution prohibition in 40 CFR 268.3.
Hazardous Waste: Waste that because of its quantity, concentration, or physical, chemical, or
infectious characteristics may cause, or significantly contribute to an increase in mortality or an
increase in serious irreversible, or incapacitating reversible illness, or pose a substantial present
or potential hazard to human health or the environment when improperly treated, stored,
transported, or disposed of, or otherwise managed.
A-2 Glossary of Terms
-------
LDR SUMMARY OF REQUIREMENTS
Hazardous Waste Code: The number assigned by EPA to each hazardous waste listed in 40
CFR Part 261, Subpart D, and to each characteristic waste identified in 40 CFR Part 261, Subpart
C.
Inorganic Metal-Bearing Waste: A waste for which EPA has established treatment standards
for metal hazardous constituents, and which does not otherwise contain significant organic or
cyanide content as described in 40 CFR 268.3(b)(l), and is specifically listed in 40 CFR Part
268, Appendix XI.
Lab Pack: A lab pack is an overpack container, usually a steel or fiber drum, containing small
quantities of chemicals of the same hazardous class.
Land Disposal: Placement in or on the land, except in a corrective action management unit or
staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment,
waste pile, injection well, land treatment facility, salt dome formation, salt bed formation,
underground mine or cave, or placement in a concrete vault or bunker intended for disposal
purposes.
Land Disposal Restrictions: Prohibit the land disposal of hazardous wastes into or on the land
unless EPA finds that it will not endanger human health and the environment. EPA must
develop levels or methods of treatment that substantially diminish the toxicity of the waste or the
likelihood that hazardous constituents will migrate from the waste that must be met before the
waste is land disposed. Strict statutory deadlines were imposed on EPA to regulate the land
disposal of specific hazardous wastes, concentrating first on the most harmful. EPA has met all
of the congress!onally-mandated dates.
Nonwastewaters: Wastes that contain greater than or equal to 1 percent by weight total organic
carbon (TOC) and greater than or equal to 1 percent by weight total suspended solids (TSS).
Notification: When restricted wastes are being shipped offsite for treatment, storage, disposal,
or are managed onsite, EPA has established a tracking system that requires that notifications and
certifications be sent to the receiving facility or, if applicable, to EPA or the appropriate EPA
representative. These requirements are outlined in 40 CFR 268.7.
Phase I LDR Rule: Finalized on August 18, 1992, this rule prohibits land disposal of newly
listed or identified wastes and establishes alternative treatment standards for hazardous debris.
Phase II LDR Rule: Finalized on September 19, 1994, This final rule promulgates treatment
standards and effective dates for the toxicity characteristic organic wastes, coke by-products, and
chlorotoulenes (D018-D043). This rule also promulgates Universal Treatment Standards.
Glossary of Terms A-3
-------
LDR SUMMARY OF REQUIREMENTS
Phase III LDR Rule: Finalized on April 8, 1996, this final rule sets treatment standards and
effective dates for wastes generated in the production of carbamate pesticides and aluminum
potliners. In addition, the rule revises treatment standards for hazardous wastes displaying the
reactivity characteristic so that the characteristic is removed and underlying hazardous
constituents are treated. The rule also states that combustion of inorganic wastes may be a
violation of the dilution prohibition.
Phase IV LDR Rule: Finalized on May 26, 1998, this final rule promulgates LDR treatment
standards and effective dates for metal bearing-wastes, including those generated by mineral
processing operations. The rule revises 12 metal Universal Treatment Standard constituents. The
rule also defines which secondary materials from mineral processing are considered to be wastes
and potentially subject to the LDRs. In addition, the rule sets alternative standards for
contaminated soil. The rule also excludes shredded circuit boards used in recycling operations as
well as specific wood preserving wastewaters from the definition of solid wastes.
Polychlorinated Biphenyls: Halogenated organic compounds defined in accordance with 40
CFR761.3.
Resource Conservation and Recovery Act (RCRA): The Resource Conservation and
Recovery Act of 1976 regulates hazardous waste generation, storage, transportation, treatment,
and disposal. This Act was amended on November 8, 1984. The 1984 amendments, called
HSWA, significantly expanded the scope and requirements of RCRA.
Restricted Waste: Hazardous waste that is prohibited from land disposal if applicable treatment
standards are not met.
Second Third Rule: Effective June 8, 1989, this rule established treatment standards for 67
additional wastes and for the F-coded wastes not addressed in the First Third rulemaking.
Besides specifying BDAT treatment standards, this rule expressed treatment standards as
concentrations measured in the treatment residues or required specific treatment methods (such
as incineration) for some wastes.
Soil: unconsolidated earth material composing the superficial geologic strata (material overlying
bedrock), consisting of clay, silt, sand, or gravel size particles as classified by the U.S. Natural
Resources Conservation Service, or a mixture of such materials with liquids, sludges or solids
which is inseparable by simple mechanical removal processes and is made up primarily of soil by
volume based on visual inspection. Any deliberate mixing of prohibited hazardous waste with
soil that changes its treatment classification (i.e., from waste to contaminated soil) is not allowed
under the dilution prohibition in 40 CFR 268.3.
Solvents and Dioxins Rule: Effective November 7, 1986, this rule prohibited further land
disposal (except by deep well injection) of spent solvent wastes with EPA Hazardous Waste
codes F001-F005, and dioxin wastes with hazardous waste codes F020-F023 and F026-F028, and
required that these wastes be treated prior to land disposal.
A-4 Glossary of Terms
-------
LDR SUMMARY OF REQUIREMENTS
Subtitle C Facility: Hazardous wastes regulated under Subtitle C of RCRA are directed to
Subtitle C treatment, storage, and disposal facilities (TSDFs).
Subtitle D Facility: Nonhazardous solid wastes regulated under Subtitle D of RCRA are
directed to Subtitle D disposal facilities.
Third Third Rule: Effective May 8, 1990, this fifth and final rulemaking pursuant to the
Congressionally- mandated dates, set treatment standards and imposed restrictions on 344 listed
wastes and all characteristic wastes. Two-thirds of the listed wastes have treatment standards
expressed as concentrations in the treated wastes, while the remaining wastes have treatment
standards expressed as specific technologies.
Tolling Agreement: A tolling agreement is a contract between a small quantity generator and a
recycling facility that arranges for collection and reclamation of a specified waste and for
redelivery of regenerated material at a specified frequency.
Toxicity Characteristic Leaching Procedure (TCLP): Introduced in the November 7, 1986
Solvents and Dioxins rule, this testing procedure was specifically initiated for evaluation of the
solvent- and dioxin-containing wastes. The Agency requires that when a waste extract is tested
the TCLP is used to determine whether a waste requires treatment. Additionally, the TCLP is
used to determine whether a waste is hazardous and serves as a monitoring technique to
determine whether a treated waste meets the applicable waste extract treatment standard.
Treatment Standards: Concentration-based numerical levels or methods of treatment for
constituents in hazardous waste, as shown in 40 CFR Part 268.
Underlying Hazardous Constituent: Any constituent listed in 40 CFR 268.48, Table UTS--
Universal Treatment Standards, except vanadium, fluoride, selenium, sulfides, and zinc, which
can reasonably be expected to be present at the point of generation of the hazardous waste, at a
concentration above the constituent-specific UTS treatment standards.
Universal Treatment Standards: A single list of over 200 constituents for which LDR
treatment standards have been developed. UTS standards apply to underlying hazardous
constituents in decharacterized wastes and to constituents for which treatment standards are
applicable in listed hazardous wastes.
Wastewaters: Wastes that contain less than 1 percent by weight total organic carbon (TOC) and
less than 1 percent by weight total suspended solids (TSS).
Glossary of Terms A-5
-------
Appendix B
Regional Enforcement Contacts
-------
LDR SUMMARY OF REQUIREMENTS
REGIONAL ENFORCEMENT CONTACTS
EPA Region 1 (CT, MA, ME, NH, RI,
VT)
Environmental Protection Agency
RCRA Technical Unit
1 Congress St., Suite 1100
Boston, MA 02114-2023
http://www.epa.gov/region01/
Phone: (617)918-1111
Fax: (617) 565-3660
Toll free within Region 1: (888) 372-7341
EPA Region 2 (NJ, NY, PR, VI)
Environmental Protection Agency
RCRA Compliance Branch
290 Broadway
New York, NY 10007-1866
http ://www/epa. gov/region02/
Phone: (212) 637-3000
Fax: (212)637-3526
EPA Region 3 (DC, DE, MD, PA, VA,
WV)
Environmental Protection Agency
RCRA Compliance and
Enforcement Branch
1650 Arch Street
Philadelphia, PA 19103-2029
http ://www/epa. gov/region03/
Phone: (215)814-5000
Fax: (215)814-5103
Toll free: (800)438-2474
Email: r3public@epa.gov
EPA Region 4 (AL, FL, GA, KY, MS, NC,
SC, TN)
Environmental Protection Agency
RCRA Enforcement and
Compliance Branch
Atlanta Federal Center
61 Forsyth Street, S.W.
Atlanta, GA 30303-3104
http ://www.epa. gov/region04/
Phone: (404) 562-9900
Fax: (404)562-8174
Toll free: (800)241-1754
EPA Region 5 (IL, IN, MI, MN, OH, WI)
Environmental Protection Agency
RCRA Enforcement and
Compliance Branch
77 West Jackson Street
Chicago, IL 60604-3507
http://www.epa.gov/region05/
Phone: (312)353-2000
Fax: (312)353-4135
Toll free within Region 5: (800) 621-8431
EPA Region 6 (AR, LA, NM, OK, TX)
Environmental Protection Agency
Hazardous Waste Enforcement Branch
1445 Ross Avenue
Dallas, TX 75202-2733
http ://www.epa. gov/region06/
Phone: (214) 665-2200
Fax: (214)665-7113
Toll free within Region 6: (800) 887-6063
REGIONAL ENFORCEMENT CONTACTS B-1
-------
LDR SUMMARY OF REQUIREMENTS
EPA Region 7 (IA, KS, MO, NE)
Environmental Protection Agency
RCRA Enforcement Section
901 North 5th Street
Kansas City, KS 66101
http://www.epa.gov/region07/
Phone: (913)551-7003
Toll free: (800) 223-0425
EPA Region 8 (CO, MT, ND, SD, UT,
WY)
Environmental Protection Agency
RCRA Program Management Unit
999 18th Street, Suite 500
Denver, CO 80202-2466
http://www.epa.gov/region08/
Phone: (303)312-6312
Fax: (303)312-6339
Toll free: (800)227-8917
Email: r8eisc@epa.gov
EPA Region 9 (AZ, CA, HI, NV)
Environmental Protection Agency
State Programs and Compliance Branch
75 Hawthorne Street
San Francisco, CA 94105
http://www.epa.gov/region09/
Phone: (415)744-1305
Fax: (415)744-2499
EPA Region 10 (AK, ID, OR, WA)
Environmental Protection Agency
RCRA Compliance Unit
1200 Sixth Avenue
Seattle, WA 98101
http ://www.epa. gov/region 10/
Phone: (206) 553-1200
Fax:(206) 553-0149
Toll free: (800) 424-4372
B-2 REGIONAL ENFORCEMENT CONTACTS
-------
Appendix C
Management of Remediation Wastes
Under RCRA Memorandum
-------
October 14, 1998
MEMORANDUM
SUBJECT: Management of Remediation Waste Under RCRA
TO: RCRA/CERCLA Senior Policy Managers
Regional Counsels
FROM: Timothy Fields, Jr., Acting Assistant Administrator for
Solid Waste and Emergency Response /signed/
Steven A. Herman, Assistant Administrator for
Enforcement and Compliance Assurance /signed/
Rapid clean up of RCRA corrective action facilities and Superfund sites is one of the
Agency's highest priorities. In this context, we often receive questions about management of
remediation waste under the Resource Conservation and Recovery Act (RCRA). To assist you in
successfully implementing RCRA requirements for remediation waste, this memorandum
consolidates existing guidance on the RCRA regulations and policies that most often affect
remediation waste management. We encourage you to work with the regulations, policies and
approaches outlined in this memorandum to achieve our cleanup goals as quickly and efficiently as
possible.
Note that not all remediation wastes are subject to RCRA Subtitle C hazardous waste
requirements. As with any other solid waste, remediation wastes are subject to RCRA Subtitle C
only if they are listed or identified hazardous waste. Environmental media are subject to RCRA
Subtitle C only if they contain listed hazardous waste, or exhibit a characteristic of hazardous
waste. These distinctions are discussed more completely below.
The information in this memo is divided into three categories: information on regulations
and policies that apply to all remediation waste; information on regulations and policies that apply
only to contaminated media; and, information on regulations and policies that apply only to
contaminated debris. Most of the references cited in this memo are available over the Internet.
The Federal Register notices published after 1994 are available at www.access.gpo.gov/nara; the
guidance memos and other EPA documents are available at www.epa.gov/correctiveaction.
Federal Register notices and other documents are also available through the RCRA/CERCLA
hotline: in Washington D.C., call (703) 412-9810; outside Washington D.C., call (800) 424-9346;
and hearing impaired call (800) 553-7672. The hotline's hours are Monday - Friday, excluding
-------
Federal holidays, 8:00 - 5:00, eastern standard time. Many EPA guidance memos and other
documents may also be obtained through the RCRA/CERCLA hotline fax-back system. To
obtain a list of documents available over the fax-back system, and fax-back system code numbers,
call the RCRA/CERCLA hotline at the numbers listed above.
I hope this information will assist you as you continue to make protective, inclusive, and
efficient cleanup decisions. If you have additional questions or require more information, please
contact Robert Hall or Greg Madden, of our staffs, on (703) 308-8484 or (202) 564-4229
respectively.
Regulations and Policies that Apply to All Remediation Wastes
Area of Contamination Policy. In what is typically referred to as the area of
contamination (AOC) policy, EPA interprets RCRA to allow certain discrete areas of generally
dispersed contamination to be considered RCRA units (usually landfills). Because an AOC is
equated to a RCRA land-based unit, consolidation and in situ treatment of hazardous waste
within the AOC do not create a new point of hazardous waste generation for purposes of RCRA.
This interpretation allows wastes to be consolidated or treated in situ within an AOC without
triggering land disposal restrictions or minimum technology requirements. The AOC
interpretation may be applied to any hazardous remediation waste (including non-media wastes)
that is in or on the land. Note that the AOC policy only covers consolidation and other in situ
waste management techniques carried out within an AOC. For ex situ waste management or
transfer of wastes from one area of contamination to another, see discussion of corrective action
management units, below.
The AOC policy was first articulated in the National Oil and Hazardous Substances
Pollution Contingency Plan (NCP). See 53 FR 51444 for detailed discussion in proposed NCP
preamble; 55 FR 8758-8760, March 8, 1990 for final NCP preamble discussion. See also, most
recent EPA guidance, March 13, 1996 EPA memo, "Use of the Area of Contamination Concept
During RCRA Cleanups."
Corrective Action Management Units (CAMUs). The corrective action management
unit rule created a new type of RCRA unit - a Corrective Action Management Unit or CAMU
specifically intended for treatment, storage and disposal of hazardous remediation waste. Under
the CAMU rule, EPA and authorized states may develop and impose site-specific design,
operating, closure and post-closure requirements for CAMUs in lieu of MTRs for land-based
units. Although there is a strong preference for use of CAMUs to facilitate treatment,
remediation waste placed in approved CAMUs does not have to meet LDR treatment standards.
The main differences between CAMUs and the AOC policy (discussed above) are that,
when a CAMU is used, waste may be treated ex situ and then placed in a CAMU, CAMUs may
be located in uncontaminated areas at a facility, and wastes may be consolidated into CAMUs
from areas that are not contiguously contaminated. None of these activities are allowed under the
AOC policy, which, as discussed above, covers only consolidation and in situ management
techniques carried out within an AOC.
-------
CAMUs must be approved by EPA or an authorized state and designated in a permit or
corrective action order. In certain circumstances, EPA and states (including states that are not
authorized for the CAMU regulations) may use other mechanisms to approve CAMUs. See, 58
FR 8677, February 16, 1993; appropriate use of RCRA Section 7003 orders and comparable state
orders is discussed below and in an EPA guidance memo from J. Winston Porter to EPA Regional
Administrators, "RCRA Permit Requirements for State Superfund Actions," November 16, 1987,
OSWER Directive 9522.00-2. In addition, as appropriate, CAMUs may be approved by EPA as
an applicable or relevant and appropriate requirement during a CERCLA cleanup using a record
of decision or by an authorized state during a state cleanup using a CERCLA-like authority and a
similar state document. See, e.g., 58 FR 8679, February 16, 1993. An opportunity for the public
to review and comment on tentative CAMU approvals is required by the regulations when
CAMUs are approved using permitting procedures and as a matter of EPA policy when CAMUs
are approved using orders. EPA recommends that, whenever possible, remediation project
managers combine this public participation with other public involvement activities that are
typically part of remediation. For example, public notice of tentative approval of a CAMU could
be combined with public notice of a proposed plan under CERCLA.
The CAMU rule is currently subject to litigation; however, the suit has been stayed
pending promulgation of the final HWIR-Media regulations. Although EPA proposed to
withdraw CAMUs as part of the HWIR-Media proposal, the Agency now intends to retain the
CAMU rule. The Agency encourages approval of CAMUs when they are appropriate given the
site-specific conditions.
The CAMU regulations are at 40 CFR 264.552, promulgated February 16, 1993 (58 FR
8658). The differences between CAMUs and AOCs are discussed in more detail in the March 13,
1996 EPA guidance memo, "Use of the Area of Contamination Concept During RCRA
Cleanups."
Corrective Action Temporary Units (TUs). Temporary units, like corrective action
management units, are RCRA units established specifically for management of hazardous
remediation waste. The regulations for temporary units (TUs) were promulgated at the same time
as the regulations for corrective action management units. The CAMU regulations established
land-based units for treatment, storage and disposal of remediation waste; the TU regulations
established non-land based units for treatment and storage of hazardous remediation waste. Under
the TU regulations, EPA and authorized states may modify existing MTR design, operating and
closure standards for temporary tank and container units used to treat and store hazardous
remediation waste. Temporary units may operate for one year, with an opportunity for a one year
extension.
Like CAMUs, temporary units must be approved by EPA or an authorized state and
designated in a permit or corrective action order. In certain circumstances, EPA and states
(including states that are not authorized for the TU regulations) may use other mechanisms to
approve TUs. See, 58 FR 8677, February 16, 1993; appropriate use of RCRA Section 7003
orders and comparable state orders is discussed below and in an EPA guidance memo from J.
Winston Porter to EPA Regional Administrators, "RCRA Permit Requirements for State
Superfund Actions," November 16, 1987, OSWER Directive 9522.00-2. In addition, as
appropriate, TUs may be approved by EPA as an applicable or relevant and appropriate
-------
requirement during a CERCLA cleanup using a record of decision or by an authorized state
during a state cleanup using a CERCLA-like authority and a similar state document. Placement of
waste in tanks or containers, including temporary units, is not considered land disposal.
Therefore, waste does not have to be treated to meet LDR treatment standards prior to being
placed in a TU. Of course, LDRs must be met if hazardous remediation wastes are eventually
land disposed, for example, after they are removed from the TU; however, if treatment in a TU
results in constituent concentrations that comply with applicable land disposal restriction
treatment standards, no further treatment prior to land disposal is required as a condition of the
LDRs.
An opportunity for the public to review and comment on tentative TU approvals is
required by the regulations when TUs are approved using permitting procedures and as a matter
of EPA policy when TUs are approved using orders. As with CAMUs, EPA recommends that
whenever possible, remediation project managers combine this public participation with other
public involvement activities that are typically part of remediation. For example, public notice of
tentative approval of a temporary unit could be combined with public notice of a proposed plan
under CERCLA.
The TU regulations are at 40 CFR 264.553, promulgated February 16, 1993 (58 FR
8658).
Determination Of When Contamination is Caused by Listed Hazardous Waste.
Where a facility owner/operator makes a good faith effort to determine if a material is a listed
hazardous waste but cannot make such a determination because documentation regarding a
source of contamination, contaminant, or waste is unavailable or inconclusive, EPA has stated
that one may assume the source, contaminant or waste is not listed hazardous waste and,
therefore, provided the material in question does not exhibit a characteristic of hazardous waste,
RCRA requirements do not apply. This approach was first articulated in the Proposed NCP
preamble which notes that it is often necessary to know the source of a waste (or contaminant) to
determine whether a waste is a listed hazardous waste under RCRA1 and also notes that, "at many
CERCLA sites no information exists on the source of the wastes." The proposed NCP preamble
goes on to recommend that the lead agency use available site information such as manifests,
storage records and vouchers in an effort to ascertain the sources of wastes or contaminants, but
that when this documentation is not available or inconclusive the lead agency may assume that the
wastes (or contaminants) are not listed RCRA hazardous wastes. This approach was confirmed in
the final NCP preamble. See, 53 FR 51444, December 21, 1988 for proposed NCP preamble
discussion; 55 FR 8758, March 13, 1990 for final NCP preamble discussion.
This approach was also discussed in the FEWIR-Media proposal preamble, 61 FR 18805,
April 29, 1996, where it was expanded to also cover dates of waste disposal - i.e., if, after a good
faith effort to determine dates of disposal a facility owner/operator is unable to make such a
determination because documentation of dates of disposal is unavailable or inconclusive, one may
Listing determinations are often particularly difficult in the remedial context because the listings are generally
identified by the sources of the hazardous wastes rather than the concentrations of various hazardous constituents;
therefore, analytical testing alone, without information on a waste's source, will not generally produce information that will
conclusively indicate whether a given waste is a listed hazardous waste.
-------
assume disposal occurred prior to the effective date of applicable land disposal restrictions. This
is important because, if hazardous waste was originally disposed of before the effective dates of
applicable land disposal restrictions and media contaminated by the waste are determined not to
contain hazardous waste when first generated (i.e., removed from the land, or area of
contamination), the media are not subject to RCRA requirements, including LDRs. See the
discussion of the contained-in policy, below.
Site Specific LDR Treatment Variances. The regulations for site-specific LDR
treatment variances allow EPA and authorized states to establish a site-specific LDR treatment
standard on a case-by-case basis when a nationally applicable treatment standard is unachieveable
or inappropriate. Public notice and a reasonable opportunity for public comment must be
provided before granting or denying a site-specific LDR treatment variance. EPA recommends
that remediation project managers combine this public involvement with other public involvement
activities that are typically part of remediation. Regulations governing site-specific LDR
treatment variances are at 40 CFR 268.44(h), promulgated August 17, 1988 (53 FR 31199) and
clarified December 5, 1997 (62 FR 64504). The most recent EPA guidance on site-specific LDR
treatment variances, which includes information on establishing alternative LDR treatment
standards, is in the January 8, 1997 guidance memo, "Use of Site-Specific Land Disposal
Restriction Treatability Variances Under 40 CFR 268.44(h) During Cleanups."
In 1996, EPA revised its policy on state authorization for site-specific LDR treatment
variances and began encouraging states to become authorized to approve variances. See, HWIR-
Media proposal, 61 FR 18828 (April 29, 1996).
On May 26, 1998, EPA promulgated additional site-specific land disposal restriction
treatment variance opportunities specific to hazardous contaminated soil. These opportunities are
discussed below.
Treatability Studies Exemption. The term "treatability study"as defined at 40 CFR
260.10 refers to a study in which a hazardous waste is subjected to a treatment process to
determine: (1) whether the waste is amenable to the treatment process; (2) what pretreatment (if
any) is required; (3) the optimal process conditions needed to achieve the desired treatment; (4)
the efficiency of a treatment process for a specific waste or wastes; or, (5) the characteristics and
volumes of residuals from a particular treatment process. Under regulations at 40 CFR 261.4(e)
and (f), hazardous wastes managed during a treatability study are exempt from many RCRA
Subtitle C requirements. The regulations limit the amount of waste that may be managed under
an exempt treatability study to, generally, 1000 kg of hazardous waste or 1 kg of acutely
hazardous waste per study. For contaminated environmental media, the volume limit is, generally,
10,000 kilograms of media that contain non-acutely hazardous waste and 2,500 kilograms of
media that contain acutely hazardous waste per study. There are also limits on the types and
lengths of studies that may be conducted under the exemption and record keeping and reporting
requirements. Regulations governing treatability studies are at 40 CFR 261.4(e) and (f),
associated preamble discussions at 52 FR 27290 (July 19, 1988) and 59 FR 8362 (February 18,
1994).
Exemption for Ninety Day Accumulation. Management of hazardous waste in tanks,
containers, drip pads and containment buildings does not constitute land disposal. In addition,
-------
EPA has provided an exemption for generators of hazardous waste which allows them to
accumulate (i.e., treat or store) hazardous waste at the site of generation in tanks, containers, drip
pads or containment buildings for up to ninety days without RCRA interim status or a RCRA
permit. Accumulation units must meet applicable design, operating, closure and post-closure
standards. Because putting hazardous waste in a tank, container, drip pad or containment
building is not considered land disposal, LDR treatment standards do not have to be met before
putting waste in such units. LDRs must be met if hazardous wastes are eventually land disposed,
for example, after they are removed from the accumulation unit; however, if treatment in an
accumulation unit results in constituent concentrations that comply with applicable land disposal
restriction treatment standards, no further treatment prior to land disposal is required as a
condition of the LDRs. The exemption for ninety-day accumulation is found in regulations at 40
CFR 262.34; associated preamble discussion is at 51 FR at 10168 (March 24, 1986).
Permit Waivers. Under CERCLA Section 121(e), no Federal, state or local permit is
required for on-site CERCLA response actions. EPA has interpreted CERCLA Section 121(e) to
waive the requirement to obtain a permit and associated administrative and procedural
requirements of permits, but not the substantive requirements that would be applied through
permits.2
In addition, on a case-by-case basis, where there may be an imminent and substantial
endangerment to human health or the environment, EPA has broad authority to require corrective
action and other appropriate activities under RCRA Section 7003. Under RCRA Section 7003,
EPA has the ability to waive both the requirement to obtain a permit and the substantive
requirements that would be imposed through permits. When EPA uses RCRA Section 7003,
however, the Agency seldom uses RCRA Section 7003 to waive substantive requirements. In
rare situations where substantive requirements are waived, the Agency would impose alternative
requirements (e.g, waste treatment or storage requirements) as necessary to ensure protection of
human health and the environment. EPA may issue RCRA Section 7003 orders at, among other
sites, facilities that have been issued RCRA permits and facilities that are authorized to operate
under RCRA interim status. In discussing the use of 7003 orders, where other permit authorities
are available to abate potential endangerments, EPA generally encourages use of those other
permit authorities (e.g., 3005(c)(3) omnibus permitting authority) rather than RCRA Section
7003. Similarly, if RCRA Section 3008(h) or RCRA Section 3013 authority is available, EPA
generally encourages use of these authorities rather than RCRA Section 7003. If permit
authorities or non-RCRA Section 7003 enforcement authorities are inadequate, cannot be used to
address the potential endangerment in a timely manner, or are otherwise inappropriate for the
potential endangerment at issue, use of RCRA Section 7003 should be considered. See,
"Guidance on the Use of Section 7003 of RCRA," U.S. EPA, Office of Enforcement and
Compliance Assurance, October 1997.
In 1987, EPA issued guidance indicating that RCRA-authorized states with state waiver
authorities comparable to CERCLA 121(e) or RCRA Section 7003 could use those state waiver
authorities to waive RCRA requirements as long as the state did so in a manner no less stringent
than that allowed under the corresponding Federal authorities. These waivers are most often
Note that, under certain circumstances, substantive requirements may be waived using CERCLA. See the
ARAR waiver provisions at 40 CFR 300.430(f)(l)(ii)(C).
-------
used, as are the Federal waivers, to obviate the need to obtain a RCRA permit, rather than to
eliminate substantive requirements. See, EPA guidance memo from J. Winston Porter to EPA
Regional Administrators, "RCRA Permit Requirements for State Superfund Actions," November
16, 1987, OSWER Directive 9522.00-2.
Exemption from 40 CFR Part 264 Requirements for People Engaged in the
Immediate Phase of a Spill Response. Regulations at 40 CFR 264. l(g)(8) provide that people
engaged in treatment or containment activities are not subject to the requirements of 40 CFR part
264 if the activities are carried out during immediate response to: (1) a discharge of hazardous
waste; (2) an imminent and substantial threat of a discharge of hazardous waste; (3) a discharge of
a materials which, when discharged, becomes a hazardous waste; or, (4) an immediate threat to
human health, public safety, property or the environment from the known or suspected presence
of military munitions, other explosive material, or an explosive device. This means that, during
the immediate phase of a spill response, hazardous waste management activities do not require
hazardous waste permits (or interim status) and hazardous waste management units used during
immediate response actions are not subject to RCRA design, operating, closure or post-closure
requirements.
Of course, if hazardous waste treatment activities or other hazardous waste management
activities continue after the immediate phase of a spill response is over, all applicable hazardous
waste management and permitting requirements would apply. In addition, if spills occur at a
facility that is already regulated under 40 CFR part 264, the facility owner/operator must continue
to comply with all applicable requirements of 40 CFR Part 264 Subparts C (preparedness and
prevention) and D (contingency plan and emergency procedures). See regulations at 40 CFR
260. l(g) and associated preamble discussion at 45 FR 76626 (November 19, 1980). See also,
Sept. 29, 1986 memo from J. Winston Porter (EPA Assistant Administrator) to Fred Hansen
interpreting the 40 CFR 264. l(g) regulations.
Changes During Interim Status to Comply with Corrective Action Requirements.
Under regulations at 40 CFR 270.72(a)(5), an owner or operator of an interim status facility may
make changes to provide for treatment, storage and disposal of remediation wastes in accordance
with an interim status corrective action order issued by EPA under RCRA Section 3008(h) or
other Federal authority, by an authorized state under comparable state authority, or by a court in a
judicial action brought by EPA or an authorized state. These changes are limited to treatment,
storage and disposal of remediation waste managed as a result of corrective action for releases at
the facility in question; however, they are exempt from the reconstruction ban under 40 CFR
270.72(b). Under this provision, for example, EPA could approve a corrective action
management unit for treatment of remediation waste using a 3008(h) order (or an authorized state
could approve a CAMU using a similar state authority), even if that unit would otherwise amount
to "reconstruction." Of course, units added at interim status facilities in accordance with this
provision must meet all applicable unit requirements; for example, in the case of a CAMU, the
CAMU requirements apply. See, regulations at 40 CFR 270.72(a)(5) promulgated March 7, 1989
and associated preamble discussion at 54 FR 9599.
Emergency Permits. In the event of an imminent and substantial endangerment to human
health or the environment, EPA, or an authorized state, may issue a temporary emergency permit
for treatment, storage or disposal of hazardous waste. Emergency permits may allow treatment,
-------
storage or disposal of hazardous waste at a non-permitted facility or at a permitted facility for
waste not covered by the permit. Emergency permits may be oral or written. (If oral, they must
be followed within five days by a written emergency permit.) Emergency permits must specify the
hazardous wastes to be received and managed and the manner and location of their treatment,
storage and disposal. Emergency permits may apply for up to ninety days, but may be terminated
at any point if EPA, or an authorized state, determines that termination is appropriate to protect
human health or the environment. Emergency permits must be accompanied by a public notice
that meets the requirements of 40 CFR 124.10(b), including the name and address of the office
approving the emergency permit, the name and location of the hazardous waste treatment, storage
or disposal facility, a brief description of the wastes involved, the actions authorized and the
reason for the authorization, and the duration of the emergency permit.
Emergency permits are exempt from all other requirements of 40 CFR part 270 and part
124; however, to the extent possible and not inconsistent with the emergency situation, they must
incorporate all otherwise applicable requirements of 40 CFR part 270 and parts 264 and 266.
See, regulations at 40 CFR 270.61, originally promulgated as 40 CFR 122.27 on May 19,
1987 (45 FR 33326). EPA has also written a number of letters interpreting the emergency permit
regulations, see, for example, November 3, 1992 letter to Mark Hansen, Environmental Products
and Services Inc., from Sylvia Lowrance, Director Office of Solid Waste (available in the RCRA
Permit Policy Compendium).
Temporary Authorizations at Permitted Facilities. Under regulations at 40 CFR
270.42(e), EPA, or an authorized state, may temporarily authorize a permittee for an activity that
would be the subject of a class two or three permit modification in order to, among other things,
facilitate timely implementation of closure or corrective action activities. Activities approved
using a temporary authorization must comply with applicable requirements of 40 CFR part 264.
Temporary authorizations are limited to 180 days, with an opportunity for an extension of 180
additional days. To obtain an extension of a temporary authorization, a permittee must have
requested a class two or three permit modification for the activity covered in the temporary
authorization. Public notification of temporary authorizations is accomplished by the permittee
sending a notice about the temporary authorization to all persons on the facility mailing list and to
appropriate state and local governments. See regulations at 40 CFR 270.42, promulgated on
September 28, 1988, and associated preamble at 53 FR 37919.
Regulations and Policies that Apply to Contaminated Environmental Media Only
Contained-in policy. Contaminated environmental media, of itself, is not hazardous
waste and, generally, is not subject to regulation under RCRA. Contaminated environmental
media can become subject to regulation under RCRA if they "contain" hazardous waste. As
discussed more fully below, EPA generally considers contaminated environmental media to
contain hazardous waste: (1) when they exhibit a characteristic of hazardous waste; or, (2) when
they are contaminated with concentrations of hazardous constituents from listed hazardous waste
that are above health-based levels.
If contaminated environmental media contain hazardous waste, they are subject to all
applicable RCRA requirements until they no longer contain hazardous waste. EPA considers
-------
contaminated environmental media to no longer contain hazardous waste: (1) when they no
longer exhibit a characteristic of hazardous waste; and (2) when concentrations of hazardous
constituents from listed hazardous wastes are below health-based levels. Generally, contaminated
environmental media that do not (or no longer) contain hazardous waste are not subject to any
RCRA requirements; however, as discussed below, in some circumstances, contaminated
environmental media that contained hazardous waste when first generated (i.e., first removed
from the land, or area of contamination) remain subject to LDR treatment requirements even after
they "no longer contain" hazardous waste.
The determination that any given volume of contaminated media does not contain
hazardous waste is called a "contained-in determination." In the case of media that exhibit a
characteristic of hazardous waste, the media are considered to "contain" hazardous waste for as
long as they exhibit a characteristic. Once the characteristic is eliminated (e.g., through
treatment), the media are no longer considered to "contain" hazardous waste. Since this
determination can be made through relatively straightforward analytical testing, no formal
"contained-in" determination by EPA or an authorized state is required. Just like determinations
about whether waste has been adequately decharacterized, generators of contaminated media may
make independent determinations as to whether the media exhibit a characteristic of hazardous
waste. In the case of media that are contaminated by listed hazardous waste, current EPA
guidance recommends that contained-in determinations be made based on direct exposure using a
reasonable maximum exposure scenario and that conservative, health-based, standards be used to
develop the site-specific health-based levels of hazardous constituents below which contaminated
environmental media would be considered to no longer contain hazardous waste. Since this
determination involves development of site-specific health-based levels, the approval of EPA or
an authorized state is required.
In certain circumstances the, RCRA land disposal restrictions will continue to apply to
contaminated media that has been determined not to contain hazardous waste. This is the case
when contaminated media contain hazardous waste when they are first generated (i.e., removed
from the land, or area of contamination) and are subsequently determined to no longer contain
hazardous waste (e.g., after treatment), but still contain hazardous constituents at concentrations
above land disposal restriction treatment standards. It is also the case when media are
contaminated as a result of disposal of untreated (or insufficiently treated) listed hazardous waste
after the effective date of an applicable LDR treatment requirement. Of course, if no land
disposal will occur (e.g., the media will be legitimately recycled) the LDR treatment standards do
not apply. In addition, contaminated environmental media determined not to contain any waste
(i.e., it is just media, it does not contain solid or hazardous waste) would not be subject to any
RCRA Subtitle C requirements, including the LDRs, regardless of the time of the "contained-in"
determination.
The contained-in policy was first articulated in a November 13, 1986 EPA memorandum,
"RCRA Regulatory Status of Contaminated Groundwater." It has been updated many times in
Federal Register preambles, EPA memos and correspondence, see, e.g., 53 FR 31138, 31142,
31148 (Aug. 17, 1988), 57 FR 21450, 21453 (May 20, 1992), and detailed discussion in HWIR-
Media proposal preamble, 61 FR 18795 (April 29, 1996). A detailed discussion of the continuing
requirement that some soils which have been determined to no longer contain hazardous waste
(but still contain solid waste) comply with land disposal treatment standards can be found in the
-------
HWIR-Media proposal preamble, 61 FR 18804; the September 15, 1996 letter from Michael
Shapiro (EPA OSW Director) to Peter C. Wright (Monsanto Company); and the preamble to the
LDR Phase IV rule, 63 FR 28617 (May 26, 1998).
Note that the contained-in policy applies only to environmental media (soil, ground water,
surface water and sediments) and debris. The contained-in policy for environmental media has
not been codified. As discussed below, the contained-in policy for hazardous debris was codified
in 1992.
RCRA Section 3020(b) Exemption for Reinjection of Contaminated Ground Water.
Under RCRA Section 3020(a), disposal of hazardous waste into or above a formation that
contains an underground source of drinking water is generally prohibited. RCRA Section 3020(b)
provides an exception for underground injection carried out in connection with certain
remediation activities. Under RCRA Section 3020(b), injection of contaminated ground water
back into the aquifer from which it was withdrawn is allowed if: (1) such injection is conducted as
part of a response action under Section 104 or 106 of CERCLA or a RCRA corrective action
intended to clean up such contamination; (2) the contaminated ground water is treated to
substantially reduce hazardous constituents prior to reinjection; and, (3) the response action or
corrective action will, on completion, be sufficient to protect human health and the environment.
Approval of reinjection under RCRA Section 3020(b) can be included in approval of other
cleanup activities, for example, as part of approval of a RCRA Statement of Basis or CERCLA
Record of Decision. See, RCRA Section 3020(b), established as part of the 1984 HSWA
amendments. See also, OSWER Directive 9234.1-06, "Applicable of Land Disposal Restrictions
to RCRA and CERCLA Ground Water Treatment Reinjection Superfund Management Review:
Recommendation No. 26," November 27, 1989.
LDR Treatment Standards for Contaminated Soils. On May 26, 1998, EPA
promulgated land disposal restriction treatment standards specific to contaminated soils.3 These
treatment standards require that contaminated soils which will be land disposed be treated to
reduce concentrations of hazardous constituents by 90 percent or meet hazardous constituent
concentrations that are ten times the universal treatment standards (UTS), whichever is greater.
(This is typically referred to as 90% capped by lOxUTS.) For contaminated soil that exhibits a
characteristic of ignitable, reactive or corrosive hazardous waste, treatment must also eliminate
the hazardous characteristic.
The soil treatment standards apply to all underlying hazardous constituents4 reasonably
expected to be present in any given volume of contaminated soil when such constituents are found
at initial concentrations greater than ten times the UTS. For soil that exhibits a characteristic of
toxic, ignitable, reactive or corrosive hazardous waste, treatment is also required for: (1) in the
case of the toxicity characteristic, the characteristic constituent; and, (2) in the case of ignitability,
This rule, which also addresses a number of non-soil issues, has been challenged by a number of parties. To
date, the parties have filed non-binding statements of issues only; however, based on those statements, it appears that, with
the exception of the requirement that PCBs be included as an underlying hazardous constituent which has been challenged
for both soil and non-soil wastes, the soil treatment standards are not included in the challenges.
Except fluoride, selenium, sulfides, vanadium and zinc.
10
-------
reactivity or corrosivity, the characteristic property. Although treatment is required for each
underlying hazardous constituent, it is not necessary to monitor soil for the entire list of
underlying hazardous constituents. Generators of contaminated soil can reasonably apply
knowledge of the likely contaminants present and use that knowledge to select appropriate
underlying hazardous constituents, or classes of constituents, for monitoring. As with the LDR
treatment standards for hazardous debris (discussed below), generators of contaminated soil may
use either the applicable universal treatment standards for the contaminating hazardous waste or
the soil treatment standards.
See, soil treatment standard regulations at 40 CFR 268.49, promulgated May 26, 1998
and associated preamble discussion at 63 FR 28602-28622.
Note that the soil treatment standards supersede the historic presumption that an LDR
treatment variance is appropriate for contaminated soil. LDR treatment variances are still
available for contaminated soil, provided the generator can show that an otherwise applicable
treatment standard (i.e., the soil treatment standard) is unachieveable or inappropriate, as
discussed above, or can show that a site-specific, risk-based treatment variance is proper, as
discussed below.
Site-Specific, Risk-Based LDR Treatment Variance for Contaminated Soils. On
May 26, 1998, EPA promulgated a new land disposal restriction treatment variance specific to
contaminated soil. Under 40 CFR 268.44(h)(3), variances from otherwise applicable LDR
treatment standards may be approved if it is determined that compliance with the treatment
standards would result in treatment beyond the point at which short- and long-term threats to
human health and the environment are minimized. This allows a site-specific, risk-based
determination to supersede the technology-based LDR treatment standards under certain
circumstances.
Alternative land disposal restriction treatment standards established through site specific,
risk-based minimize threat variances should be within the range of values the Agency generally
finds acceptable for risk-based cleanup levels. That is, for carcinogens, alternative treatment
standards should ensure constituent concentrations that result in the total excess risk to an
individual exposed over a lifetime generally falling within a range from 10~4 to 10'6, using 10'6 as a
point of departure and with a preference for achieving the more protective end of the risk range.
For non-carcinogenic effects, alternative treatment standards should ensure constituent
concentrations that an individual could be exposed to on a daily basis without appreciable risk of
deleterious effect during a lifetime; in general, the hazard index should not exceed one (1).
Constituent concentrations that achieve these levels should be calculated based on a reasonable
maximum exposure scenario that is, based on an analysis of both the current and reasonable
expected future land uses, with exposure parameters chosen based on a reasonable assessment of
the maximum exposure that might occur; however, alternative LDR treatment standards may not
be based on consideration of post-land disposal controls such as caps or other barriers.
See, regulations at 40 CFR 268.44(h)(4), promulgated May 26, 1998 and associated
preamble discussion at 63 FR 28606-28608.
Regulations and Policies that Apply Only to Debris
11
-------
LDR Treatment Standards for Contaminated Debris. In 1992, EPA established land
disposal restriction treatment standards specific to hazardous contaminated debris. The debris-
specific treatment standards established by these regulations are based on application of common
extraction, destruction, and containment debris treatment technologies and are expressed as
specific technologies rather than numeric criteria. As with the contaminated soil treatment
standards discussed earlier, generators of hazardous contaminated debris may choose between
meeting either the debris treatment standards or the numerical treatment standard promulgated for
the contaminating hazardous waste. See, regulations at 40 CFR 268.45, promulgated August 18,
1992, and associated preamble discussion at 57 FR 37194 and 27221.
Interpretation that Debris Treated to the LDR Debris Treatment Standards Using
Extraction or Destruction Technologies no Longer Contain Hazardous Waste. With the
land disposal restriction treatment standards for hazardous contaminated debris, in 1992, EPA
determined that hazardous debris treated to comply with the debris treatment standards using one
of the identified extraction or destruction technologies would be considered no longer to contain
hazardous waste and would, therefore, no longer be subject to regulation under RCRA, provided
the debris do not exhibit any of the hazardous waste characteristics. This "contained-in
determination" is automatic; no agency action is needed. Note that this automatic contained-in
determination does not apply to debris treated to the debris treatment standards using one of the
identified immobilization technologies. See, regulations at 40 CFR 261.3(f) and treatment
standards at Table 1 of 40 CFR 268.45, promulgated August 18, 1992, and associated preamble
discussion at 51 FR 37225.
cc: Barbara Simcoe, Association of State and Territorial Solid Waste Management Officials
12
-------
Appendix D
Recommended Technologies to
Achieve Deactivation of
Characteristics
-------
LDR SUMMARY OF REQUIREMENTS
Recommended Technologies to Achieve Deactivation of
Characteristics in 40 CFR 268.42
The treatment standard for many subcategories of D001, D002, and D003 wastes as well as for
K044, K045, and K047 wastes are listed in 40 CFR 268.42 as "Deactivation to remove the
characteristics of ignitability, corrosivity, and reactivity." EPA has determined that many
technologies, when used alone or in combination, can achieve this standard. The following
appendix presents a partial list of these technologies, utilizing the five letter technology codes
established in 40 CFR 268.42, Table 1. Use of these specific technologies is not mandatory and
does not preclude direct reuse, recovery, and/or the use of other pretreatment technologies,
provided deactivation is achieved and these alternative methods are not performed in units
designated as land disposal.
Waste code/subcategory
D001
D001 Ignitable Liquids based
on261.21(a)(l)-Ignitable
Wastewater Subcategory
(containing < 1% TOC)
D001 Compressed Gases based
on261.21(A)(3)
D001 Ignitable Reactives based
on261.21(a)(2)
Nonwastewaters
RORGS
INCIN
CHOXD
BIODG
n.a
RCGAS
INCIN
FSUBS
ADGAS fb. INCIN . . .
ADGAS fb. (CHOXD;
or CHRED)
WTRRX
CHOXD
CHRED.
STABL .
INCIN . .
Wastewaters
n.a.
WETOX
RORGS
INCIN
WETOX
CHOXD
BIODG
n.a.
n.a.
RECOMMENDED TECHNOLOGIES TO ACHIEVE DEACTIVATION D-1
-------
LDR SUMMARY OF REQUIREMENTS
Waste code/subcategory
D001 Ignitable Oxidizers based
on261.21(a)(4)
D002 Acid Subcategory based on
261.22(a)(l) with pH less than
or equal to 2
D002 Alkaline Subcategory based on
261.22(a)(l) with pH greater than
or equal to 12.5
D002 Other Corrosives based on
261.22(a)(2)
D003 Water Reactives based on
261.23(a)(2), (3), and (4)
D003 Reactive Sulfides based on
261.23(a)(5)
D003 Explosives based on
261.23(a)(6), (7), and (8)
D003 Other Reactives based on
261.23(a)(l)
Nonwastewaters
CHRED
INCIN
RCORR.
NEUTR.
INCIN . .
NEUTR
INCIN .
CHOXD
CHRED.
INCIN . .
STABL .
INCIN . .
WTRRX
CHOXD
CHRED.
CHOXD
CHRED.
INCIN . .
INCIN . .
CHOXD
CHRED.
INCIN . .
CHOXD
CHRED.
Wastewaters
CHRED
INCIN
NEUTR
INCIN
NEUTR
INCIN
CHOXD
CHRED
INCIN
n.a.
CHOXD
CHRED
BIODG
INCIN
CHOXD
CHRED
BIODG
CARBN
INCIN
CHOXD
CHRED
BIODG
CARBN
D-2 RECOMMENDED TECHNOLOGIES TO ACHIEVE DEACTIVATION
-------
LDR SUMMARY OF REQUIREMENTS
Waste code/subcategory Nonwastewaters Wastewaters
K044 Wastewater treatment
sludges from the manufacturing
and processing of explosives CHOXD CHOXD
CHRED CHRED
INCEST BIODG
CARBN
INCEST
K045 Spent carbon from the
treatment of wastewaters
containing explosives CHOXD CHOXD
CHRED CHRED
INCEST BIODG
CARBN
INCIN
K047 Pink/red water from TNT
operations CHOXD CHOXD
CHRED CHRED
INCIN BIODG
CARBN
INCIN
Note: 'n.a.' stands for 'not applicable'; 'fb.' stands for 'followed by.'
RECOMMENDED TECHNOLOGIES TO ACHIEVE DEACTIVATION D-3
------- |