United States Solid Waste and
Environmental Protection Emergency Response
Agency (5305W)
EPA530-R-97-058
PB98-108137
November 1997
RCRA, Superfund & EPCRA
Hotline Training Module
Introduction to;
Land Disposal Restrictions
(40 CFR Part 268)
Updated July 1997
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DISCLAIMER
This document was developed by Booz-Allen & Hamilton Inc. under contract 68-WO-0039 to EPA. It is
intended to be used as a training tool for Hotline specialists and does not represent a statement of EPA
policy.
The information in this document is not by any means a complete representation of EPA's regulations or
policies. This document is used only in the capacity of the Hotline training and is not used as a reference
tool on Hotline calls. The Hotline revises and updates this document as regulatory program areas change.
The information in this document may not necessarily reflect the current position of the Agency. This
document is not intended and cannot be relied upon to create any rights, substantive or procedural,
enforceable by any party in litigation with the United States.
RCRA, Superfund & EPCRA Hotline Phone Numbers:
National toll-free (outside of DC area) (800) 424-9346
Local number (within DC area) (703) 412-9810
National toll-free for the hearing impaired (TDD) (800) 553-7672
The Hotline is open from 9 am to 6 pm Eastern Time,
Monday through Friday, except for federal holidays.
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50272-101
REPORT DOCUMENTATION
PAGE
" 1. REPORT NO.
0 EPA530-R-97-Q58
2.
4. Title and Subtitle
RCRA, SUPERFUND, AND EPCRA HOTLINE TRAINING NODULE; INTRODUCTION TO
LAND DISPOSAL RESTRICTIONS (40 CFR PART 268)
0 5. Report Date
' NOVEMBER 1997
6.
7. Author(s)
8. Performing Organization Rept. No
9. Performing Organization Name and Address
U.S. EPA
OFFICE OF SOLID WASTE
401 N STREET, SU
WASHINGTON. DC 20460
0 10. Project/Task/Work Unit No.
O
0 11. ContractCC) or Grant(G) No.
0 (C) 68-yo-0039
0 (G)
12. Sponsoring Organization Name and Address
800Z-ALLEN I HAMILTON
430 EAST WEST HIGHWAY
BETHESDA, MARYLAND 20814
° 13. Type of Report & Period Covered
" TRAINING - UPDATED 7/97
O
0 14.
15. Supplementary Notes
16. Abstract (Limit: 200 words)
ONE OF A SERIES OF NODULES DEVELOPED AS A TRAINING TOOL FOR HOTLINE SPECIALISTS. PRESENTS AN OVERVIEW OF THE LAND
DISPOSAL RESTRICTIONS (LDR) PROGRAM. DEFINES THE BASIC TERNS AND DESCRIBES THE STRUCTURE OF THE LDR REGULATIONS.
IDENTIFIES THE STATUTORY BASIS FOR LDR. DESCRIBES THE APPLICABILITY OF LDR. EXPLAINS HOW EPA SETS TREATMENT STANDARDS.
IDENTIFIES TREATNENT STANDARDS FOR WASTES SUBJECT TO LAND DISPOSAL RESTRICTIONS AND CITES THE CFR SECTION. DESCRIBES
AND IDENTIFIES HOW EXEMPTIONS AND VARIANCES FROM TREATNENT REQUIREMENTS ARE OBTAINED, INCLUDING FEDERAL REGISTER CITA-
TIONS. DEFINES GENERATOR AND TREATMENT, STORAGE, AND DISPOSAL FACILITY (TSDF) REQUIREMENTS UNDER THE LDR PROGRAM.
SUMMARIZES THE SCHEDULE OF EXISTING RESTRICTIONS AND THE PLAN FOR RESTRICTING NEWLY IDENTIFIED WASTES. THE INFORMATION
IN THIS DOCUMENT IS NOT A COMPLETE REPRESENTATION OF EPA'S REGULATIONS OR POLICIES, BUT IS AN INTRODUCTION USED FOR
HOTLINE TRAINING PURPOSES.
17. Document Analysis a. Descriptors
b. Identifiers/Open-Ended Terms
c. COSATI Field/Group
0 19. Security Class (This Report)0 21. No. of Pages
0 UNCLASSIFIED ° 25
• 20. Security Class (This Page) ° 22. Price
* UNCLASSIFIED " 0.00
OPTIONAL FORM 272 (4-77)
(Formerly NTIS-35)
18. Availability Statement
RELEASE UNLIMITED
(See ANSI-Z39.18)
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LAND DISPOSAL RESTRICTIONS
CONTENTS
1. Introduction 1
2. Regulatory Summary , 3
2.1 LDR and EPA's Groundwater Protection Strategy 3
2.2 Applicability 4
2.3 Treatment Standards ,. 5
2.4 Variances, Extensions, and Exemptions 8
2.5 Alternative Treatment Standards 11
2.6 Other Prohibitions 12
2,7 Tracking and Recordkeeping Requirements 13
2.8 Characteristic Hazardous Wastes. 15
2.9 History of the LDR Program.. 17
2.10 Summary Table: Wastes Subject to Dilution Prohibition . 20
3. Regulatory Developments 21
4. Special Issues 23
4.1 Point of Generation ,. 23
4.2 Soil Contaminated with a Restricted Hazardous Waste 23
4.3 Dioxin-Containing Waste 23
4.4 TC v. EP 24
4.5 LDR Applicability and Remediation Wastes 24
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Land Disposal Restrictions - 1
1. INTRODUCTION
The primary goal of the Resource Conservation and Recovery Act (RCRA) Subtitle
C program is to protect human health and the environment from the dangers
associated with generation, transportation, treatment, storage, and disposal of
hazardous waste. Disposal of hazardous waste on the land is a practice of particular
concern to the RCRA program. Land disposal units, such as landfills and surface
impoundments, must comply with stringent requirements for liners, leak detection
systems, and groundwater monitoring. The land disposal restrictions (LDR) provide
a second measure of protection from threats posed by hazardous waste disposal.
LDR provides that a hazardous waste cannot be placed on the land until the Waste is
treated (or meets specific treatment standards) to reduce the mobility or toxicity of
the hazardous constituents in the waste. This training module presents an
overview of the land disposal restrictions program.
When you have completed this module, you will be able to describe the LDR
requirements. Specifically, you will be able to:
* Define the basic terms and describe the structure of the LDR regulations
• Identify the statutory basis for LDR
» Describe the applicability of LDR
• Explain how EPA sets treatment standards
» Identify treatment standards for wastes subject to land disposal restrictions
and cite the CFR section
» Describe and identify how extensions and variances from treatment
requirements are obtained, including Federal Register citations
• Define generator and treatment, storage, and disposal facility (TSDF)
requirements under the LDR program
» Summarize the schedule of existing restrictions and the plan for restricting
newly identified wastes.
Use this list of objectives to check your knowledge of this topic after you complete
the training session.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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2 - Land Disposal Restrictions
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Land Disposal Restrictions - 3
2. REGULATORY SUMMARY
The LDR program found at 40 CFR Part 268 requires that a hazardous waste must be
treated (or meet specified levels for hazardous constituents) before disposed of on
the land. This is called the disposal prohibition. Each waste code has one or more
specific treatment standards listed in Part 268, Subpart D. Treatment standards are
expressed either as required technologies that must be applied to the waste or
contaminant concentration levels that must be met. Treatment standards are based
on the performance of the best demonstrated available technology (BDAT) that is
able to substantially diminish the toxicity of a waste or to reduce the mobility of the
hazardous constituents in a hazardous waste. Wastes that do not meet treatment
standards cannot be "land disposed" unless EPA has granted a variance, extension,
or exclusion (or the waste is managed in a "no-migration unit"). In addition to the
disposal prohibition, there are prohibitions and limits in the LDR program
regarding the dilution and storage of wastes. The program also includes tracking
and recordkeeping requirements.
2.1 LDR AND EPA'S GROUNDWATER PROTECTION STRATEGY
A large part of the hazardous waste management regulatory program, including the
LDR program, is designed to protect groundwater. Hazardous waste can pollute
groundwater through the process known as leaching, in which precipitation
percolating through the ground draws contaminants out of buried waste and carries
them into groundwater. Placing barriers between wastes and underground water
sources is one way to prevent migration of hazardous contaminants into
groundwater. Thus, many RCRA regulations focus on requiring hazardous waste
containment. For example, RCRA regulations require installation of impermeable
liners beneath hazardous waste landfills. Such barriers separate vulnerable
groundwater from hazardous constituents likely to leach from the buried wastes.
The land disposal restrictions are based on a different groundwater protection
principle. Instead of requiring barriers between groundwater and hazardous wastes,
LDR requires that hazardous wastes undergo fundamental physical or chemical
changes so that they pose less of a threat to groundwater. For example, many of the
chemicals capable of contaminating groundwater are organic compounds.
Incineration or burning can destroy these organic compounds, usually breaking
them down into less dangerous by-products like carbon dioxide and water. Thus,
incineration of organic-bearing hazardous wastes can protect groundwater by
destroying organic contaminants before they have a chance to enter underground
water supplies. The obvious advantage of such hazardous waste treatment is that it
provides a more permanent and lasting form of groundwater protection than does
simple hazardous waste containment. Structural barriers separating hazardous
contaminants from groundwater can eventually break down or leak. In contrast,
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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4 - Land Disposal Restrictions
treatment that simply destroys harmful contaminants or reduces a waste's toxicity
before it enters the environment is a permanent groundwater protection solution.
Not all types of contaminants found in hazardous wastes can be destroyed. In
particular, metal elements are common toxic contaminants that cannot be broken
down through combustion. Treatment techniques other than incineration,
however, can be used for such wastes. For example, through a process called
stabilization or immobilization, metal contaminants can be chemically and
physically bound into the wastes that contain them. Although this process does not
reduce the overall concentration of toxic metals in a hazardous waste, it does
immobilize these constituents, making them less likely to leach from the waste.
Reducing the mobility or leachability of hazardous constituents in a waste is thus
another means of permanently achieving LDR's groundwater protection goal.
Congress understood that hazardous waste could be made less dangerous to
groundwater in two main ways: by reducing a waste's toxicity through destruction
or removal of harmful contaminants, or by reducing a waste's leachability by
immobilizing hazardous contaminants. When directing EPA to establish the LDR
program in RCRA §3004(m), Congress specified that EPA should "promulgate
regulations specifying those levels or methods of treatment, if any, which
substantially diminish the toxicity of the waste or substantially reduce the likelihood
of migration of hazardous constituents from the waste." To implement that goal,
Congress gave EPA very specific directions for establishing the LDR program. In
particular, Congress required that EPA specify how hazardous wastes should be
treated to satisfy LDR's goal of groundwater protection. The rules EPA promulgated
governing how different hazardous wastes must be treated are known as treatment
standards. Treatment standards are simply instructions on how a hazardous waste
should be treated. This module will explain how to identify the treatment standard
applicable to a hazardous waste and the methodology EPA used to develop
treatment standards.
2.2 APPLICABILITY
To be subject to the land disposal restrictions, a waste must first be a RCRA
hazardous waste. Unless a waste meets the definition of a solid and hazardous
waste, its disposal cannot be subject to the LDR program.
Once listed or identified, a hazardous waste becomes restricted, or subject to LDR,
when the Agency establishes treatment standards that the waste must meet before it
can be land disposed. RCRA §3004(g) requires that EPA restrict hazardous wastes
from land disposal within six months of promulgating a new listing or
characteristic. Until the Agency establishes a treatment level, newly listed or
identified wastes are not subject to LDR and they may continue to be land disposed.
Once EPA promulgates final treatment requirements specifically restricting a waste,
The information in this document is not by any means a complete representation of EPA's regulati
but is an introduction to the topic used for Hotline training purposes.
ions or policies,
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Land Disposal Restrictions - 5
however, handlers must manage it in accordance with all the requirements of Part
268 and the waste cannot be land disposed until it meets the treatment level.
EXCLUSIONS
While the LDR program generally applies to all persons who generate, transport,
treat, store, or dispose of a restricted hazardous waste, there are exclusions to the
applicability of Part 268. The following hazardous wastes are not subject to the
requirements of LDR (§268.1(e)):
• Waste generated by conditionally exempt small quantity generators as defined
at §261.5
« Waste pesticide and container residues disposed of by farmers on their own
land pursuant to §262.70
• Newly identified or listed hazardous wastes for which EPA has yet to
promulgate land disposal treatment standards
• Certain low volume releases, known as de minimis losses, or laboratory
chemicals that are mixed with a facility's wastewater and are discharged under
the regulation of the Clean Water Act (CWA).
Wastes meeting any of these descriptions may continue to be land disposed without
being subject to the LDR program. Other restricted hazardous wastes must be
managed in compliance with all requirements of Part 268 unless explicitly exempted
by another part of the RCRA program.
2.3 TREATMENT STANDARDS
LDR requires that a hazardous waste be adequately treated to fundamentally change
the threat posed by the waste before it is land disposed. Waste-specific restrictions
are manifested as thresholds for adequate treatment, known as treatment standards.
These treatment standards can be expressed as either numeric concentration levels
for hazardous constituents, or as a required technology. Once a waste has been
restricted and issued a treatment standard, a waste may be land disposed only after it
meets the appropriate treatment standard.
TECHNOLOGY-BASED TREATMENT STANDARDS
Section 3004(m) of the Hazardous and Solid Waste Amendments requires EPA to
promulgate treatment standards that reduce the toxicity or mobility of hazardous
constituents so that short- and long-term threats to human health and the
environment are minimized. To implement this mandate EPA chose to base
treatment standards on technical practicability instead of risk assessment. To this
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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6 - Land Disposal Restrictions
end, EPA conducts extensive research into available treatment technologies. Of all
the proven, available technologies, the one that best minimizes the mobility and/or
toxicity of hazardous constituents is designated as the Best Demonstrated Available
Technology (BDAT) for that waste. The Agency then establishes a waste code-
specific treatment standard based on the performance of the BDAT. These treatment
standards are expressed as either concentration levels or required technologies.
When treatment standards are set as concentration levels, treatment is not limited
to the BDAT used to establish the treatment standard; instead the Agency uses
BDAT to determine what is the appropriate level of treatment for each hazardous
constituent commonly found in the waste. The regulated community may then use
any method or technology (except for impermissible dilution) to meet the treatment
standard. After treatment, waste analysis or application of knowledge must be used
to determine if the applicable concentration-based standards in §268.40 have been
met.
When a treatment standard is a required technology, that technology must be used,
unless it can be demonstrated that an alternative method can achieve a level of
performance equivalent to the required technology (discussed in Section 2.4).
Whenever possible, EPA prefers to use numeric treatment standards in order to
stimulate innovation and development of alternative treatment technologies.
Since the physical and chemical composition of a waste significantly impacts the
effectiveness of a given treatment technology, EPA divided the treatment standard
for each waste code into two categories: wastewaters and nonwastewaters. The
Agency defines these two categories based on the percentages of total organic carbon
(TOC) and total suspended solids (TSS) present in a waste (§268.2), since these factors
commonly impact the effectiveness of treatment methods.
CONSOLIDATED TABLE OF TREATMENT STANDARDS
The treatment standards for hazardous wastes were originally presented in multiple
tables, but a single consolidated table has replaced them. If a waste has been
restricted from land disposal, the treatment standard for both wastewaters and
nonwastewaters can be found in §268.40. There are three types of treatment
standards:
• Constituent concentrations in mg/kg of the waste
• Constituent concentrations in an extract of the waste expressed in mg/1
« Treatment standards expressed as specified technologies and represented by a
five-letter code (described in §268.42).
Numeric standards are commonly expressed in mg/kg when the BDAT is a
destruction or extraction technology such as incineration. Compliance with these
treatment standards is measured by analyzing a representative sample of the waste
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Land Disposal Restrictions - 7
for the total concentration of each hazardous constituent identified in the treatment
standard, and comparing it to the level given for the waste code.
Treatment standards given in mg/1 are also concentration-based standards. In
wastewaters, compliance is demonstrated by comparing the concentration of
hazardous constituents found in a composite sample of the waste with the
regulatory level. For nonwastewaters, an extract that reflects the potential of
hazardous constituents to leach from the waste must first be prepared. The waste
meets the treatment standard if the concentration of regulated constituents in the
liquid extract are below the regulatory levels given for the waste code. EPA requires
the use of the Toxicity Characteristic Leaching Procedure (TCLP) to obtain the waste
extract (the older and less sensitive Extraction Procedure (EP) may be used until
promulgation of the Phase IV rule in Spring of 1998).
Section 268.40 also prescribes treatment standards expressed as specified technologies
for certain wastes. These wastes must be treated using the specified technology.
Table 1 in §268.42 provides full descriptions that elaborate on the five letter codes
used in §268.40. Examples include incineration (INCIN), fuel substitution (FSUBS),
and mercury retorting (RMERC). In most cases, once treated by the required
technology, wastes can be land disposed without being tested. There are, however,
some exceptions. For example, all F024 wastes must be incinerated. Following
incineration, the remaining residues must then also meet the concentration levels
specified in §268.40.
UNIVERSAL TREATMENT STANDARDS
Use of BDAT to set treatment standards for hazardous wastes gave rise to an
unintended consequence: the numeric treatment standard applied to an individual
hazardous constituent, like benzene, could vary depending on the performance of
the BDAT on each listed or characteristic wastestream that was evaluated. For
example, nonwastewater forms of the listed wastes F005 and U019 both require
treatment for benzene; however, the treatment standard originally set for benzene
in the spent solvent was 3.7 mg/kg, while the standard originally set for unused,
discarded benzene was 36 mg/kg.
To simplify the LDR program and eliminate this lack of consistency between
standards, the Agency examined the range of numeric standards applied to each
hazardous constituent found in restricted hazardous wastes. Based on the range,
EPA assigned a single numeric value to each constituent for its respective
wastewater and nonwastewater forms. A consolidated list of each constituent and
its treatment standards (wastewater and nonwastewater) can be found in §268.48 and
is known as the universal treatment standards (UTS). The values assigned to
hazardous constituents in the UTS were then used to adjust numeric levels found
in the treatment standards table of §268.40. Applying these universal treatment
standards has not changed the hazardous constituents that must be treated in a
particular waste, as only the numeric standards were amended. As a result, a
The information in this document is not by any means a complete representation of EPA's regulations or policies, •
but is an introduction to the topic used for Hotline training purposes.
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8 - Land Disposal Restrictions
common constituent found in multiple, different wastes will nonetheless carry the
same numeric treatment level. The treatment standards found in §268.40 for F005
and U019 nonwastewaters, therefore, continue to address benzene, but the level for
each has been adjusted to 10 mg/kg.
Creation of the UTS significantly simplifies the process of assigning treatment
standards to wastes that are newly identified or listed in the future. When a new
waste contains hazardous constituents that have already been addressed in the UTS,
the Agency will be able to apply the existing BDAT-based numeric standards for
those particular constituents. Constituents not already included in the UTS can be
evaluated individually and then added to §268.48.
2.4 VARIANCES, EXTENSIONS, AND EXEMPTIONS
If a restricted waste does not meet the appropriate treatment standard, it is ineligible
for land disposal. This subset of restricted wastes that cannot be land disposed
because they do not yet meet their treatment standards are termed "prohibited"
wastes. Although most prohibited wastes become eligible for land disposal through
treatment to §268.40 standards, that may not be possible in all cases. As a result, EPA
created procedures that allow otherwise prohibited wastes to be land disposed under
special circumstances. The following exemptions, variances, and extensions
established under Part 268 allow wastes for which treatment standards have been
promulgated to be land disposed without meeting treatment standards, or to be
treated to a less stringent level or by a different technology:
» National Capacity Variance (§3004(u)(2))
• Case-by-Case Extension to an Effective Date (§268.5)
» No-Migration Variance (§268.6)
• Variance from a Treatment Standard (§268.44)
• Equivalent Method Variance (§268.42(b))
* Surface Impoundment Treatment Exemption (§268,4).
While wastes subject to any of these provisions continue to be restricted under LDR,
they are not prohibited from land disposal under these limited conditions.
NATIONAL CAPACITY VARIANCE
When developing a treatment standard, EPA reviews current and alternative
treatment, recovery, and disposal capacity to see if it is adequate for current and
future waste management needs. If there is inadequate capacity for certain waste
codes, EPA may grant a nationwide extension of the prohibition deadline for up to
two years (RCRA §3004(h)(2)). This extension is known as a national capacity
variance. To make capacity determinations, EPA compares the quantity of the
restricted waste generated with the nationally available treatment, recovery, or
protective disposal capacity at permitted and interim status facilities which will be in
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Land Disposal Restrictions - 9
operation by the effective date. If there is a significant shortage of capacity, EPA will
establish an alternative effective date based on the earliest date such capacity will be
available. Waste benefitting from a national capacity variance can be land disposed
without meeting the treatment standards, however, if the waste is disposed in a
landfill or surface impoundment, the disposal unit must be in compliance with the
minimum technological requirements of RCRA §3004(o).
CASE-BY-CASE EXTENSION
A lack of adequate treatment capacity may at times be limited to regional or local
conditions. In this situation EPA may extend the effective date of a treatment
standard on a case-by-case basis when petitioned to do so. Case-by-case extensions
are granted for one year, and are renewable for an additional year. Such individual
extensions cannot exceed a total of 24 months (RCRA §3004{h)(3)). EPA grants case-
by-case extensions only when generators or TSDF owners/operators appropriately
demonstrate need as enumerated in §268.5.
If hazardous wastes benefiting from a case-by-case extension to an effective date are
disposed of in landfills or surface impoundments, these disposal units must also
meet the minimum technological requirements for liners and leak-detection and be
in compliance with groundwater monitoring requirements (RCRA §3004(o)).
Although case-by-case extensions usually apply to only- the waste generated at the
individual facility that sought an extension, EPA has, at times, granted "generic"
case-by-case extensions with broad applicability. The last of these generic case-by-case
extensions to an LDR effective date, a limited extension for the disposal of
hazardous debris, expired May 8,1994.
NO-MIGRATION VARIANCE
Hazardous wastes subject to LDR can be land disposed in a particular unit without
meeting treatment standards if a petitioner can demonstrate that there will be no
migration of hazardous constituents from the unit for as long as the waste remains
hazardous (§268.6). "No migration" is interpreted to mean that constituents will
not leave the unit boundary at concentrations above Agency-approved health-based
levels. A no-migration variance may be granted for up to 10 years, but it may not
extend beyond the term of the particular disposal unit's RCRA permit.
No-migration petitions must include a site description, waste characterization, and
monitoring plans for evaluation by the Agency. Long-term modeling estimates of
concentrations in the ground's unsaturated zone and the air pathway must also be
submitted for review.
Virtually every no-migration petition granted has been for underground wells that
inject hazardous waste deep beneath the surface. A notable exception is the
conditional no-migration variance granted for the U.S. Department of Energy's
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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1
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10 - Land Disposal Restrictions
Waste Isolation Pilot Plant (WIPP) in New Mexico. This variance permits DOE to
dispose of untreated mixed radioactive and hazardous wastes in an underground
salt dome for the duration of a test period.
VARIANCE FROM A TREATMENT STANDARD
Under certain circumstances, generators or TSDFs may petition the Agency for a
variance from using a required technology or from meeting a concentration-based
treatment standard. EPA established this variance from a treatment standard to
account for those wastes for which applicable treatment standards and BDAT
methods are inappropriate (§268.44). Petitioners must demonstrate that the waste is
significantly different from the wastes evaluated by EPA when developing the
codified treatment standard or that such standard or method is inappropriate for the
waste. A treatability variance may apply generically to all waste meeting a
description, Or it may be narrower in scope, applying only to a specific waste
generated at a particular site (55 F£ 22526; June 1,1990).
EQUIVALENT TREATMENT METHOD VARIANCE
A waste with a specified technology as a treatment standard in §268.40 must be
treated using that method of treatment prior to disposal. A person may, however,
submit an application to the Regional Administrator demonstrating that an
alternate treatment method can achieve a performance equivalent to that of the
specified treatment standard and can protect human health and the environment
(§268.42(b)). If the petition is approved, an equivalent method variance is granted
and the alternate method may be used in lieu of the specified technology.
SURFACE IMPOUNDMENT TREATMENT EXEMPTION
The management of liquid wastes in surface impoundments often serves as a
means of treatment. Typically, particulates suspended in liquid wastes settle to the
bottom of impoundments, forming sludges in which contaminants concentrate.
This precipitation process may result in the generation of sludges that are hazardous
wastes. Since management of wastes in surface impoundments is considered land
disposal, even though the waste is not permanently disposed in the unit, such
generation and placement of hazardous sludges on the land without prior treatment
would normally be inconsistent with LDR's disposal prohibition. Section 268.4
allows this practice, however, by providing an exemption for wastes treated in
surface impoundments. Wastes may be treated and generated in surface
impoundments without first meeting treatment standards provided that (1) the
surface impoundment meets certain technological requirements, (2) the treatment
residues that do not meet applicable standards are removed from the impoundment
annually, and (3) the removed residues are not managed in another surface
impoundment.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Land Disposal Restrictions -11
2.5 ALTERNATIVE TREATMENT STANDARDS
In addition to these waste code- or site-specific exception procedures, the Agency also
created a number of broad alternative treatment standards that facilities may choose
to use in lieu of meeting the waste code-specific treatment standards. These
alternative treatment standards are only available for certain forms of restricted
wastes.
LAB PACK WASTES
Laboratories commonly generate small volumes of many different listed and
characteristic wastes. Rather than manage all these disparate wastes individually,
laboratories commonly take advantage of regulatory provisions that allow them to
overpack many small containers of hazardous waste into a larger drum. These
containers are known as lab packs, and they have been given an alternative
treatment standard (combustion) that allows generators to apply one treatment
standard for the entire lab pack rather than applying the treatment standard for each
individual waste code contained within the lab pack (§268.42(c)). The primary
condition for application of this alternative, however, is that the lab pack may not
contain any of the heavy metal-bearing waste codes identified in Part 268, Appendix
IV.
DEBRIS
Section 268.45 contains alternate treatment standards for manufactured items and
environmental media of a certain size that are contaminated with hazardous waste.
These alternative standards were developed because materials such as rocks, bricks,
and industrial equipment (known generically as debris) contaminated with
hazardous waste may not be amenable to the waste code-specific treatment standards
in §268.40.
Section 268.45 allows an owner/operator to choose among several types of treatment
technologies, based on the type of debris and the waste with which it is
contaminated. The alternative treatment standards for debris can be divided into
three categories: extraction, destruction, and immobilization technologies. When
using an alternate debris treatment standard, the waste handler must ensure that
the treatment process meets the design and operating requirements established in
§268.45, and that he or she treats for each contaminant, or hazardous constituent,
subject to treatment (defined in §268.45(b)). In order to be eligible for land disposal,
.the debris must meet the specified performance standards in Table 1 of §268.45. For
example, a contaminated boulder which is sand-blasted to remove surface
contamination must be treated to a "clean debris surface" and at least 0.6 centimeters
of the surface layer of the boulder must be removed.
Once hazardous debris has been treated according to the specification of one of these
technologies, it may be land disposed. If treated hazardous debris does not exhibit
The information in this document is not by
but is an introduction
any means a complete representation of EPA's regulations or policies,
i to the topic used for Hotline training purposes.
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12 - Land Disposal Restrictions
any characteristic following treatment with an extraction (e.g., sandblasting)' or
destruction (e.g., incineration) technology, it is eligible for land disposal and can be
disposed of as nonhazardous or simply returned to the environment (§261.3(f)). If
hazardous debris is treated with an immobilization technology (e.g.,
macroencapsulation), it still must be disposed in a hazardous waste disposal unit.
2.6 OTHER PROHIBITIONS
In addition to prohibiting the land disposal of wastes that do not meet treatment
standards, the LDR program includes two other important prohibitions. One forbids
the storage of wastes as a substitute for meeting the required treatment standards.
The other prohibits the dilution of wastes as a substitute for legitimate treatment.
Like the prohibition on land disposal, these prohibitions no longer apply once a
waste meets its waste code-specific treatment standard.
STORAGE PROHIBITION
EPA promulgated the storage prohibition in order to prevent waste from being
stored as a way of avoiding treatment requirements (§268.50). This section forbids
the storage of waste subject to a treatment standard unless the waste is being stored
in order to accumulate such quantities as are necessary to facilitate proper recycling,
treatment, or disposal. During the first year of storage, EPA bears the burden of
proving that the waste is being stored in order to avoid meeting treatment standards
rather than to facilitate legitimate recycling, treatment, or disposal. There is no strict
time limit on legitimate waste storage; however, after the first year of storage, the
burden of proof for showing that a waste is indeed being legally accumulated to
facilitate proper future management shifts from EPA to the waste handler.
Generators accumulating waste on-site in accordance with §262.34 and transporters
storing waste at a transfer facility for 10 days or less are exempt from the storage
prohibition. The storage prohibition also does not apply to wastes which qualify for
an exemption from a treatment standard such as a case-by-case extension under
§268.5, a no-migration petition under §268.6, a national capacity variance, or to
wastes that were placed in storage prior to the effective date of a prohibition on land
disposal.
DILUTION PROHIBITION
Dilution of wastes as a substitute for appropriate treatment is generally prohibited
(§268.3). For example, compliance with numeric standards cannot be achieved in
most cases by simple mixture within an incineration matrix. Similarly, wastes may
be imperrnissibly diluted when treated with an inappropriate technology. For
example, it is often impermissible to incinerate metal-bearing, inorganic wastes.
There are, however, certain cases where dilution is permissible. Dilution as a
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Land Disposal Restrictions -13
necessary part of a legitimate waste treatment process is allowed. Dilution is
inherent in some types of legitimate waste handling, such as the aggregation of
similar wastes to facilitate subsequent treatment. As a general rule, if aggregated
wastes are all legitimately amenable to the same treatment, and this treatment is
used for the aggregated wastes, the aggregation step does not constitute
impermissible dilution. In addition, certain characteristic wastes that are managed
in Clean Water Act-regulated treatment systems can be diluted to meet treatment
standards (§268.3(b)). As well, certain characteristic wastes may be diluted to render
them nonhazardous before disposal in a deep injection well regulated under the
Safe Drinking Water Act (§268.19(c)(3)). The table found in Section 2.10 may be used
to determine if a particular waste is subject to a prohibition on dilution when
handled in a particular manner.
2.7 TRACKING AND RECORDKEEPING REQUIREMENTS
Generators and TSDFs managing wastes that are subject to LDR (restricted wastes)
have certain notification, certification, waste analysis, and recordkeeping
requirements under §268.7. Much like a hazardous waste manifest, the LDR
notification and certification paperwork helps hazardous waste handlers and EPA
enforcers ensure that wastes are properly managed. A notification accompanies the
initial shipment of each waste that is subject to LDR and often includes such
information as the waste code(s), the hazardous constituents present in the waste,
and waste analysis data. Subsequent notification is not required if the waste and the
receiving facility remain the same. If a waste can be land disposed without further
treatment, a certification to that effect must accompany the notification. The
requirement that such paperwork be retained by hazardous waste handlers allows
EPA to track wastes that are subject to LDR and to ensure that those wastes receive
proper treatment prior to disposal. Section 268.7(a) contains the tracking
requirements for generators, §268.7(b) specifies the requirements for treatment
facilities, §268.7(c) contains the regulations applicable to disposal facilities, and
§268.7(d) contains special notification and certification requirements that apply to
hazardous debris.
GENERATORS
Generators must determine if their hazardous waste is subject to LDR at the point of
generation. They may make this determination by testing or applying knowledge. If
a waste is subject to LDR and does not meet applicable treatment standards,
generators must notify the treatment facility in writing (§268.7(a)(2)). This notice
accompanies the manifest and must include the following information:
• EPA hazardous waste code(s)
• Identification of the waste as a wastewater or nonwastewater
« Manifest number associated with the waste shipment
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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14 - Land Disposal Restrictions
* Waste analysis data (if available)
• For certain wastes, any additional hazardous constituents present
« Where hazardous debris is to be treated by an alternative technology under
§268.45, a statement to that effect and the contaminants subject to treatment.
If a generator's waste already meets applicable treatment standards, the generator, in
accordance with §268.7(a){3), must submit a signed certification stating that the waste
meets the required treatment standards. This certification accompanies a copy of the
notification statement described above.
If a generator's waste qualifies for an exemption from a treatment standard, such as
a national capacity variance, case-by-case extension, or no-migration exemption, the
generator must submit to the disposal facility a notification similar to that given in
§268.7(a)(2), except that it must also identify the date that the waste will become
subject to LDR prohibitions (§268.7(a)(4)).
Generators may treat hazardous waste in accumulation tanks, containers, or
containment buildings provided the units are in compliance with certain standards
applicable to TSDFs (§262.34), EPA believes that generators should have the same
recordkeeping and documentation responsibilities that apply to TSDFs when
treating wastes to meet LDR treatment standards. Therefore, §268.7(a)(5) requires
generators to prepare a waste analysis plan (WAP) when treating wastes to meet
LDR. The WAP must justify the frequency of testing based on a detailed analysis of
a representative sample of the waste. The plan must contain all information
necessary for proper treatment of the waste in accordance with Part 268, and must be
retained in the facility's records (55 PR 22670; June 1,1990). Generators who are
conducting partial treatment, but not treating to meet treatment standards, or that
are treating wastes in units not subject to §262.34, are not required to have a WAP.
TREATMENT FACILITIES
The tracking and recordkeeping requirements that apply to treatment facilities are
found at §268.7(b). Hazardous waste treaters are required to test treated waste to
ensure that all applicable treatment standards are met. These tests must be
performed as specified in the facility's WAP (all TSDFs must have WAPs under
§§264/265.13). If a facility ships treated waste off-site for disposal, a notification
similar to the generator's notice must accompany the initial shipment of the waste
to the disposal facility. The treater's notice must include relevant waste codes,
additional hazardous constituents present, manifest information, and waste analysis
data (§268.7(b)(3)). The treater must also include a certification that the shipment of
waste meets treatment standards (§268.7(b)(4)). If the waste or a residue of the waste
will be sent for further treatment or storage at another facility, the treater must
comply with the notification and certification requirements for a generator.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotlir
'. topic used for Hotline training purposes.
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Land Disposal Restrictions -15
LAND DISPOSAL FACILITIES
Section 268,7(c) enumerates the paperwork requirements that apply to the final link
in the cradle-to-grave management of hazardous waste, the land disposal facilities.
Hazardous waste disposers must ensure that incoming wastes or residues meet the
applicable treatment standards by testing the waste in accordance with their facility's
WAP, Additionally, disposers must maintain records on site of all notifications and
certifications received from generators and treatment facilities.
SPECIAL REQUIREMENTS FOR TREATED DEBRIS
Generators or treaters of hazardous debris who claim that their hazardous debris is
excluded from the definition of hazardous waste under §261.3(f) are required to
comply with certain notification and certification requirements (§268.7(d)). Since
these wastes are no longer hazardous, the paperwork will not be sent to the disposal
facility. Instead, relevant notices and certifications are submitted to EPA and
retained on site by the original generator or treater on a one-time basis.
2.8 CHARACTERISTIC HAZARDOUS WASTES
Just like listed wastes, restricted characteristic wastes must also meet treatment
standards before they are eligible for land disposal Since the land disposal
restrictions attach at the point of generation, treatment standards applicable to
characteristic wastes cannot be circumvented by simply removing the characteristic.
Once a waste is both decharacterized and treated to meet standards that applied at
the point of generation, however, the waste may be land disposed in a
nonhazardous, RCRA Subtitle D landfill.
TREATMENT STANDARDS
Special requirements have been established regarding wastes that exhibit a
characteristic (§268.9). As a general principle, a hazardous waste must meet all
applicable treatment standards to be eligible for land disposal. For purposes of LDR,
a generator with a listed hazardous waste must determine if the waste also exhibits
any hazardous waste characteristics (§262.11(c)). If the listed waste exhibits a
characteristic of hazardous waste, the treatment standard for both waste codes must
be met. An exception occurs, however, when the treatment standard for the listed
waste specifically includes a standard for the constituent that causes the waste to
exhibit the characteristic. In that case, compliance with the treatment standard for
the listed waste will satisfy both requirements, as the standard for the listed waste
will operate in lieu of the treatment standard for the characteristic waste code.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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16 - Land Disposal Restrictions
PAPERWORK REQUIREMENTS
While characteristic wastes are subject, to the standard notification requirements of
§268.7, there are special provisions for wastes from which the characteristic has been
removed. When these wastes meet treatment standards and no longer exhibit any
characteristic, LDR notification and certification paperwork need not accompany the
shipment to a Subtitle D facility. Instead, §268.9(d) requires that a one-time notice
and certification be filed with the implementing agency and maintained on site.
Subsequent shipments of similar waste would not require additional notice except
on an annual basis if the process or recipient facility changed.
DILUTION OF CHARACTERISTIC WASTES AND TREATMENT OF
UNDERLYING HAZARDOUS CONSTITUENTS
When treatment standards were first promulgated for characteristic wastes, EPA
determined that protection of human health and the environment could be
adequately accomplished for many of these wastes merely by removal of the
characteristic. Thus, the treatment standards for these wastes appeared as the
specified technology, "DEACT," for deactivation. While Part 268, Appendix VI,
recommends particular methods of treatment to accomplish deactivation, simple
dilution with soil or water was an acceptable means to achieve compliance.
Dilution of this kind was not considered impermissible under §268.3, since it was
performed as part of a specified technology.
However, in the case Chemical Waste Management. Inc., et al. y. EPA, the plaintiffs
won a judgment against the Agency alleging, among other things, that
accomplishment of deactivation via dilution failed to meet the statutory mandates
of RCRA §3004(m) because dilution does not reduce the mobility or toxicity of the
hazardous constituents present in the wastes. On September 25,1992, the DC Circuit
Court of Appeals immediately vacated the treatment standards for ignitable (D001)
and corrosive (D002) wastes, and remanded the treatment standards applicable to
many other characteristic wastes.
In response to the court decision, EPA published revised treatment standards for
D001 and D002 wastes in the May 24,1993, Federal Register (58 FR 29860). These
revised standards require that certain ignitable and corrosive wastes not only be
deactivated to remove the hazardous characteristic, but that they also be legitimately
treated to meet numeric concentration levels for any constituents also present in the
wastes above the UTS levels. These constituents are known as ''underlying
hazardous constituents" because they require treatment to meet LDR standards, but
nonetheless do not themselves cause the waste to exhibit a characteristic.
On September 19, 1994, when EPA promulgated treatment standards for the newly
identified TC organic wastes (D018-D043) and revised the standards for some
previously restricted characteristic wastes (D012-D017), the Agency also required
treatment for underlying hazardous constituents beyond that necessary for removal
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Land Disposal Restrictions -17
of the characteristic. The creation of the UTS in §268.48 gave the Agency an easy
source for the list of constituents and appropriate treatment levels. Wastes
requiring treatment for underlying hazardous constituents must meet the numeric
treatment levels enumerated in the UTS to be eligible for land disposal. Wastes
subject to treatment for underlying hazardous constituents are easily identified since
their treatment standards in §268.40 require that they comply with the characteristic
level "and meet §268.48 standards."
As part of the settlement agreement and consent decree with Chemical Waste
Management, Inc. et al., EPA was also required to ensure that characteristic
wastewaters that are managed in certain CWA and SDWA systems are treated
effectively, and not merely decharacterized or diluted, in order to satisfy Congress's
mandate to substantially diminish the toxicity of hazardous waste. As a result, on
April 8,1996 (61 PR 15566), EPA finalized treatment standards for characteristic
wastes injected into deep SDWA wells, managed in non-hazardous surface
impoundments prior to CWA discharge, or discharged to land following CWA-
equivalent management. Specifically, these regulations require that such wastes
undergo RCRA-equivalent treatment not only to remove the characteristic, but also
to destroy or immobilize underlying hazardous constituents.
Despite the finalization of these treatment standards for characteristic wastewaters
managed in certain CWA- and SDWA-systems, these provisions were immediately
affected by the Land Disposal Program Flexibility Act of 1996. The new law
effectively removed the requirement that characteristic wastewaters be treated to
remove, destroy, or immobilize hazardous constituents. As a result, characteristic
wastewaters managed in certain CWA- or SDWA-systems need only be
decharacterized before land disposal, and dilution may be used to satisfy this
requirement. Consequently, the Agency published, in the same Federal Register
that contained the new treatment standards, a notice to rescind those regulations,
and require only deeharacterization for characteristic wastewaters in accordance with
the provisions of the new Land Disposal Program Flexibility Act (61 FR 15661).
2.9 HISTORY OF THE LDR PROGRAM
The Hazardous and Solid Waste Amendments of 1984 (HSWA) established the
authority for the LDR program. Due to the large number of hazardous waste codes
that existed prior to HSWA, LDR treatment standards were developed in stages. In
HSWA, Congress set a time frame for the implementation of treatment standards
for all wastes listed or identified as hazardous on or before November 8, 1984.
Congress set specific prohibition dates for certain high-risk and high-volume wastes
and established a three-part schedule with specific deadlines for EPA to develop
treatment standards for the remaining listed and characteristic wastes. Wastes
identified subsequent to HSWA are considered newly identified or listed.
Additional rulemakings, promulgated in "phases," have since begun to address
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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18 - Land Disposal Restrictions
these new wastes. This section highlights some especially pertinent parts of those
rulemakings and identifies and explains certain complex areas.
SOLVENT AND DIOXIN-CONTAINING WASTE
The solvent and dioxin-containing wastes were the first wastes EPA addressed under
the LDR program. Congress set a statutory deadline for EPA to establish treatment
standards for these wastes because they are generated either in high volumes (solvent
wastes), or are considered highly toxic (dioxin-containing wastes). EPA published a
final rule on November 7, 1986 (51.FR 40572), establishing effective dates and
treatment standards for F001-F005 solvent wastes (§268.30) and F020-F023 and F026-
F028 dioxin-containing wastes (§268.31). The November 7, 1986, final rule also
established the basic framework for the land disposal restrictions program.
CALIFORNIA LIST WASTE
A second group of hazardous wastes for which Congress set a specific LDR deadline
is known as the California list. This list was compiled from a program established
by California's Department of Health Services. The California list, which became
effective July 8,1987, prohibited the land disposal of liquid hazardous wastes
containing certain toxic constituents or exhibiting certain properties unless subjected
to prior treatment (52 FJR 25760; July 8,1987). The targets of the list included
cyanides, pH, polychlorinated biphenyls (PCBs), halogenated organic compounds
(HOCs), and metals. Certain HOC-containing wastes were also prohibited even
when in solid form.
As waste code-specific treatment standards have been issued, the California list
prohibitions have been superseded by treatment standards specific to the RCRA
waste code addressing the constituent (or property) of concern. For example, the
treatment standard for the characteristic D008 (lead) supersedes the California list
prohibition on liquid hazardous wastes containing lead. In the May 12,1997, Federal
Register (62 FR 25998), EPA removed all references to California list wastes because
all the treatment standards for these wastes had been superseded by more specific
treatment standards.
THIRDS
HSWA §3004(d)(4) required EPA to prepare a plan by November 8,1986, to meet the
Congressionally mandated schedule for establishing treatment standards for all
hazardous wastes identified or listed on or before November 8, 1984. When
developing the plan, EPA was required to rank the listed wastes from high to low
priority, based on the wastes' intrinsic hazard and volume generated. High-
volume, high-intrinsic hazard wastes were scheduled to be addressed first, while
low-volume, lower-hazard wastes (including characteristic wastes) were to have
treatment standards established last. Wastes with treatment standards promulgated
in the first portion of the three-part schedule are known as First Third wastes (53 FR
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Land Disposal Restrictions -19
31138; August 17,1988), wastes addressed in the second portion of the schedule are
known as Second Third wastes (54 FR 26594; June 23,1989), and wastes in the third
category are known as Third Third wastes (55 ER 22520; June 1,1990).
TREATMENT STANDARDS FOR NEWLY IDENTIFIED OR LISTED WASTES
HSWA also requires EPA to establish treatment standards for all hazardous wastes
listed or identified after November 8,1984. EPA is developing treatment standards
for these wastes in phases. The first of these rulemakings, termed Phase I, was
published in the Federal Register on August 18,1992 (57 FR 37194). In addition to
promulgating restrictions for certain new wastes, Phase I finalized the alternative
treatment standards for hazardous debris.
The Phase II rule was finalized in the Federal Register on September 19,1994 (59 FJR
47982). This final rule consolidated the existing treatment standards into §268.40,
created the UTS, and promulgated treatment standards for toxicity characteristic (TC)
organic wastes, coke by-products, and chlorotoluenes.
The Phase III rule and subsequent partial rescission were finalized in the Federal
Register on April 8,1996 (61 FR 15566 and 15660). These final rules modified
treatment standards for reactive wastes and decharacterized wastewaters (see Section
2.8 for a complete discussion on the status of wastewaters), and promulgated new
treatment standards for carbamate wastes and spent aluminum potliners. Even
though Phase III promulgated treatment standards for these newly-identified
carbamate wastes, in the case DithiocarmbamateTask Force v. EPA, the DC Circuit
Court of Appeals vacated the several carbamate hazardous waste listings, thus
nullifying their corresponding LDR treatment standards (62 FR 32974; June 17,1997).
The first half of the Phase IV rule was finalized on May 12,1997 (62 ffi 25998). This
final rule promulgated treatment standards for the wood preserving wastes and
streamlined the notification requirements.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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2.10 SUMMARY TABLE: WASTES SUBJECT TO DILUTION
PROHIBITION
•i ' Type of Waste
Characteristic Wastes Managed in Clean Water Act-Regulated
Treatment Systems
Characteristic Wastes Disposed of in Safe Drinking Water Act
Underground Injection Control Wells
Wastes Subject to a National Capacity Variance
Wastes Disposed of in a Unit With a No-Migration Variance
Wastes Subject to a Case-by-Case Extension to an Effective Date
Under §268.5
Newly Identified or Listed Wastes for Which EPA Has Not Yet
Established a Treatment Standard
Wastes that Meet All Applicable Treatment Standards and
Prohibition Levels
Metal-Bearing Hazardous Wastes That Are Incinerated
Waste Managed in a Corrective Action Management Unit
(CAMU) or Temporary Unit (TU) l
Wastes from Conditionally Exempt Small Quantity Generators
Regulated Under §261.5 2
Farmers Disposing of Waste On Their Own Land Under
§262.702
Yes
*
No
•
—
*
*
*
*
*
*
•
•
*
*
•
* ,
-r
1 For more information about these provisions, see the module entitled Corrective Action.
2 For more information about these provisions, see the module entitled Generators.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Land Disposal Restrictions - 21
3. REGULATORY DEVELOPMENTS
Phases I, II, III, and the first Phase IV final rule did not address all the wastes newly
listed or identified since November 8, 1984. Subsequent rulemakings must be
promulgated to address these additional wastes not yet restricted from land disposal.
On August 22,1995, EPA proposed Phase IV (60 FR 43654) to address treatment
standards for newly-identified D004-D011 TC metal wastes and newly-listed wood
preserving wastes. EPA also promulgated a supplemental proposal on January 25,
1996 (61 FR 2337) to address previously exempt Bevill wastes. On May 12,1997 (62
FR 25998), EPA finalized treatment standards for wood preserving wastes. On the
same day, EPA issued a second supplemental proposal (62 FR 26041) to address
additional issues associated with the proposed treatment standards for D004-D011 TC
metal wastes 'and previously exempt Bevill wastes. Until the second half of Phase
IV is finalized, TC metal wastes and former Bevill wastes are not subject to LDR (55
FR 22667; June 1,1990). By consent decree, EPA must promulgate the second Phase
IV final rule by April 15,1998.
With the completion of the "Thirds," EPA had addressed all hazardous wastes that
were identified or listed before November 8, 1984. Similarly, after the completion of
Phase IV, EPA will have addressed all hazardous wastes that were newly-identified
or listed after November 8, 1984, Since EPA has fulfilled its requirements to
establish treatment standards for all hazardous wastes through the Thirds and the
Phases (as required by the Statute), in the future, the Agency will propose LDR
treatment standards when hazardous wastes are proposed for listing. On November
20,1995, EPA began this process by proposing LDR treatment standards for
petroleum refining process wastes in the same rule that EPA proposed to list such
wastes as hazardous (60 FR 57747).
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Land Disposal Restrictions - 23
4. SPECIAL ISSUES
The following four points discuss LDR issues of special note or concern.
4.1 POINT OF GENERATION
Generators are required to classify their solid wastes as soon as they are subject to
regulation in order to ensure that hazardous wastes will always be safely managed.
Since LDR applies additional limits to the ways in which waste may be managed, it
is also necessary to immediately determine if a hazardous waste is subject to LDR.
Generators must, therefore, fully characterize their wastes at the point of generation
to determine if their hazardous waste is subject to LDR (§262.11). If a waste is
restricted at the point of generation, all Part 268 requirements continue to apply to
the waste, even if it is subsequently de-characterized or excluded from the definition
of hazardous or solid waste.
4.2 SOIL CONTAMINATED WITH A RESTRICTED HAZARDOUS
WASTE
Cleanup, or remediation, of hazardous waste sites will often produce contaminated
soil that, like debris, must be managed as a hazardous waste if it contains a listed
waste or if it exhibits a characteristic. Land disposal of hazardous soils is prohibited
unless such soils have been treated to meet the waste code-specific treatment
standards promulgated for the hazardous waste (i.e., the same treatment standard
the waste would have to meet if it was newly generated rather than found in the
soil matrix). Yet these remediation wastes, due to either their large volume or
unique characteristics, are not always amenable to the same type of treatment. The
Agency, therefore, proposed alternative treatment standards specific to hazardous
waste contaminated media (i.e., soil or groundwater) as part of the Hazardous Waste
Identification Rule for Contaminated Media (HWIR-media) (61 FR 18779; April 29,
1996). The rule proposes to modify the land disposal restriction treatment standards
for media subject to LDR to reflect the site-specific nature of cleanup activities. The
proposal also introduces site-specific media treatment variances as an alternative to
LDR treatment standards. EPA expects to finalize these provisions in June 1998. For
more information on HWIR-media, see the module entitled Hazardous Waste
Identification.
4.3 DIOXIN-CONTAINING WASTE
The §268.40 treatment standards for dioxin-containing wastes are based on a BDAT
of incineration. While any technology short of dilution is permissible for achieving
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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24 - Land Disposal Restrictions
the required contaminant levels, only incineration has been able to achieve them.
Currently there is only one commercial facility in the United States permitted to
burn dioxin-containing wastes and thus there is likely to be a shortfall in capacity.
In the interim, these listed wastes must be exported or stored until treatment
capacity becomes available.
4.4 TCV.EP
When the TC superseded the EP, it added the organic constituents (D018-D043).
Since the TC is more sensitive than the EP, it also increased the number of wastes
considered characteristic for metals (D004-D011) and pesticides (D012-DQ17). Wastes
that exhibit the TC for the new organic constituents, and wastes that exhibit the TC
for D004-D017 but that do not also fail the EP, are both considered newly identified
since the TC rule was promulgated after November 8, 1984. While HSWA requires
EPA to set treatment standards for any newly identified or listed waste within six
months of the identification of the waste, there is no statutory provision that
automatically prohibits land disposal if EPA fails to set treatment standards within
the Congressionally mandated time frame. With the Phase II rule, EPA finally
promulgated treatment standards for TC organics and pesticides (59 FR 47982;
September 19,1994). Wastes which fail only the TC, and not the EP, for metal
constituents still remain without treatment standards. These wastes are not yet
restricted from land disposal and need not comply with any of Part 268,
Generators must go through a two-step process in order to determine if a metal
waste is subject to LDR. First, generators must determine if the solid waste exhibits
the TC. If a potentially characteristic waste does not exhibit the TC, then it is not
subject to LDR or any other provision of RCRA Subtitle C (assuming it is not
hazardous for any other reason). Second, if a waste does exhibit the TC for a metal
constituent, then the generator must determine if LDR applies by checking to see if
the waste also exhibits the characteristic of EP toxicity. If a waste exhibits the TC for
any of the eight original EP metals (D004-D011), and also exhibits the EP for the same
constituent(s), then the waste is subject to LDR and must be treated to meet the
applicable treatment standard prior to disposal. Wastes which exhibit only the TC
for a metal constituent are considered newly identified and will not be restricted
from land disposal until the second Phase IV rule becomes final.
4.5 LDR APPLICABILITY AND REMEDIATION WASTES
In order to ensure that site cleanups and remediation are conducted in a timely and
cost-effective fashion, EPA has designed special standards for the management of
certain remediation wastes. In the February 16,1993, Federal Register (58 FR 8658),
EPA promulgated regulations on the use of corrective action management units
(CAMUs) and temporary units (TUs) to manage remediation waste generated
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Land Disposal Restrictions - 25
during a site cleanup. To facilitate the cleanup process, these regulations effectively
waive the requirement that wastes managed in CAMUs or TUs meet LDR prior to
storage or disposal on the land (see the module entitled Corrective Action).
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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