EPA530-R-01-004ba
PB2001-103 661
RCRA, SUPERFUND & EPCRA HOTLINE MONTHLY REPORT
January 2001
1. LDR Notification for Listed and Characteristic Wastes
A facility generates a listed waste, F037, that is also characteristic for benzene
(DO 18). Because the land disposal restrictions (LDR) treatment standardfor F037 in 40
CFR Section 268.40 directly addresses the characteristic property (benzene), the
generator may meet the treatment standardfor the F037 listing in lieu of the
characteristic treatment standard (Section 268.9(b)). Must the generator report both
codes (F037 and DO 18) on the LDR notification?
The generator need only report the listed waste code, F037, on the notification form.
When the listed waste treatment standard operates in lieu of the characteristic treatment
standard, the listed waste code would be included on the notification form in lieu of the
characteristic waste code (56 FR 3867; January 31, 1991). This "in lieu of' principle
applies only to wastes whose LDR treatment standard directly addresses the treatment
standard for the characteristic constituent. In this instance, the treatment standard for
F037 requires treatment of benzene, the constituent that causes the waste to exhibit the
DO 18 characteristic. Therefore, the listed treatment standard operates in lieu of the
characteristic treatment standard. However, if the listed treatment standard does not
directly address the constituent that makes the waste characteristic, the generator must list
both waste codes on the notification form, and the waste must meet both treatment
standards before it can be land disposed. Finally, the generator should check with the
implementing agency for additional, more stringent requirements.

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