EPA530-R-01-004k
PB2001-103 671
RCRA, SUPERFUND & EPCRA HOTLINE MONTHLY REPORT
November 2001
2. LDR Paperwork Requirements for Subtitle D Facilities
A generator of a characteristic waste treats the waste on site in containers. After
removing the characteristic, the generator sends the de characterized waste off site to a
Subtitle D (nonhazardous) waste facility for further treatment to address the underlying
hazardous constituents (UHCs) and ultimate disposal. The facility treats the
decharacterized waste for UHCs prior to land disposal on site. What land disposal
restriction (LDR) notification and certification requirements apply to the Subtitle D
facility?
Subtitle D facilities that treat decharacterized waste for UHCs are not subject to LDR
notification and certification requirements. The initial generator of the hazardous waste
is required to place a one-time notification and certification in the facilities files and send
copies to the EPA region and authorized state(40 CFR §268.9(d)). However, the
generator is not required to notify the Subtitle D facility of the constituents subject to
treatment. Accordingly, Subtitle D treaters (i.e., treaters of wastes which are no longer
hazardous but which require treatment to satisfy LDR treatment standards) are not
currently required to verify compliance with treatment standards or to provide further
notification of constituents in the waste or certification of treatment (58 FR 48092,
48135; September 14, 1993).
EPA decided against imposing notification requirements on Subtitle D facilities that
decharacterize waste because the parties involved have substantial incentives (such as
CERCLA liability) to exchange and verify compliance with treatment standards for
UHCs independent of federal notification requirements. EPA reserves the right to revisit
this issue if it becomes aware that substantial amounts of decharacterized wastes are sent
to nonhazardous facilities for treatment of UHCs, or that there is a paperwork loophole
not addressed by existing arrangements between generators and treatment facilities (59
FR 47980, 48016; September 19, 1994).
FB 14585

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