PB2001-103 668
August 2001
1. Land Disposal Restrictions and Use Constituting Disposal
A facility generates an ignitable hazardous waste (D001) which is used to produce asphalt that
will be applied to the land. Recyclable materials used in a manner constituting disposal must
meet three criteria before they can be applied to the land: 1) the product must be producedfor
the general public's use; 2) the recyclable products must undergo a chemical reaction so as to
become physically inseparable from the product; and 3) the product must meet the applicable
land disposal restriction (LDR) treatment standards in 40 CFR Part 268, Subpart D (Section
266.20(b)). Does a facility measure compliance with the LDR standards prior to incorporation
of the D001 waste into the product or do the treatment standards apply after the waste becomes
a product?
Compliance with the LDR treatment standards applies to the product that will be used in a
manner constituting disposal, not to the waste before it becomes a manufactured product.
Recyclable materials that are used in a manner constituting disposal are not subject to regulation
"if such products meet the applicable treatment standards in Subpart D of Part 268 (or applicable
prohibition levels in Section 268.32 or RCRA Section 3004(d) where no treatment standards
have been established) for each recyclable material (i.e., hazardous waste) that they contain"
[emphasis added] (Section 266.20(b)). In this example, the asphalt product must meet the LDR
treatment standards that correspond to D001 waste, namely DEACT, and meet Section 268.48
standards for underlying hazardous constituents before the asphalt can be applied to the land
(Section 268.40).
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