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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
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09/18/2008VARIANCE FROM LAND DISPOSAL RESTRICTIONS TREATMENT STANDARDS FOR CERTAIN MIXED RADIOACTIVE HAZARDOUS WASTESMemo
 Description: Treatment standards for mixed radioactive hazardous wastes are expressed as a required method of treatment: combustion (CMBST). These wastes must be treated in high temperature organic destruction technologies, such as combustion in incinerators, boilers, or industrial furnaces operated in accordance with the applicable RCRA permit requirements, and in other units operated in accordance with applicable technical operating requirements; and certain non-combustive technologies, such as the Catalytic Extraction Process. Request to make a finding that treatment by vacuum-assisted thermal desorption (VTD) provides equivalent treatment to that provided by combustion for the hazardous mixed wastes that you treat.
 
02/21/2006STATE AUTHORIZATION AND GRANT OF VARIANCES Memo
 Description: The granting of a variance for partially reclaimed materials is determined on a case-by-case basis. States are authorized to implement this variance.
 
09/01/2004RECOGNITION OF A STATE VARIANCE FROM THE DEFINITION OF SOLID WASTE BY ANOTHER STATEMemo
 Description: A material granted a solid waste variance by one authorized state may be subject to RCRA as a solid and hazardous waste if shipped to another authorized state that does not recognize the variance. A state is not required to recognize a variance granted by another state. (SEE ALSO: Memo, Shapiro to Nosenchuck; 6/19/96)
 
03/01/2004States May Issue Permit Variances for Municipal Solid Waste Landfills (Fact Sheet)Publication
 Description: This fact sheet discusses EPA's proposed modifications to the federal criteria for municipal solid waste landfills (MSWLF) to allow EPA-approved states to issue research, development, and demonstration (RD&D) permits to MSWLF. The purpose of this action is to stimulate the development and use of safe, new alternative operational processes for disposal of municipal solid waste in landfills.
 
11/18/2002GUIDANCE ON RCRA SUBPART J SECONDARY CONTAINMENT REQUIREMENTS AT AUTOMOBILE SPRAY PAINTING OPERATIONSMemo
 Description: The point of generation is when the paint-solvent mixture exits the spray gun. Piping from the point of generation to a storage tank is ancillary equipment and needs secondary containment. A building may fulfill the secondary containment requirements for indoor tanks and ancillary equipment if it is in accordance with 265.193(b) and (c). Compliance with the secondary containment provisions is site-specific. An owner may apply for a technology-based variance from the secondary containment requirements per 265.193(g). Automobile manufacturing plants that manage purge solvent may receive a variance if certain criteria are met.
 
01/26/2001VARIANCE FOR WORLD RESOURCE COMPANYMemo
 Description: EPA expects to make a final determination by the end of year regarding World Resources Company’s application for a variance from the definition of solid waste. If granted, their electroplating wastewater treatment sludge would not be a solid waste, and thus not a hazardous waste (F006).
 
10/01/2000LDR TREATMENT OPTIONS FOR SPENT INCINERATOR REFRACTORY BRICKQuestion & Answer
 Description: Refractory brick that contacts listed waste during incinerator’s lifetime carries listing via contained-in policy. Facility may treat brick to numerical land disposal restrictions (LDR) standards in 268.40 or employ alternative debris standards in 268.45. Implementing agency may make determination that brick no longer contains listed hazardous waste per 261.3(f)(2), exempting brick from all RCRA standards. Facility has option to obtain equivalent treatment method variance or variance from available treatment standards. Closure plan should detail incinerator closure requirements and specify treatment option.
 
04/01/1999APPLICABILITY OF THE UNIVERSAL TREATMENT STANDARDS (UTS) TO REGULATED HAZARDOUS CONSTITUENTS IN SOIL CONTAMINATED WITH F032, F034, AND F035Memo
 Description: During the period of a national capacity variance for a waste code, the treatment standard for any other waste code applicable to the waste needs to be met (SEE ALSO: 55 FR 22660; 6/1/90). Soil contaminated with F032, F034, and F035 (subject to national capacity variance) and characteristic for arsenic and chromium containing only organic underlying hazardous constituents (UHC) that are also regulated constituents of the listed waste codes need not be treated for the UHCs since these constituents created the need for the capacity variance.
 
03/03/1999REGULATORY INTERPRETATION REGARDING THE VARIANCE FROM THE DEFINITION OF SOLID WASTE AT 40 CFR 260.31(B)Memo
 Description: One hundred percent (100%) of a secondary material need not be recycled to qualify for a variance under 260.31(b). If a variance is granted, only those secondary materials meeting the factors that were considered are covered.
 
01/20/1999SITE-SPECIFIC TREATABILITY VARIANCE FOR GNB TECHNOLOGIES, INC.Memo
 Description: EPA continues to evaluate GNB Technologies, Inc. petition for land disposal restrictions (LDR) treatment variance for treated lead slag generated from secondary lead recovery process. EPA ability to finalize a determination depends on timely submittal of petition and additional information requested by EPA (SEE ALSO: RPC# 1/11/99-01).
 
01/11/1999SUPPORT FOR PETITION FOR A LAND DISPOSAL RESTRICTION (LDR) TREATMENT VARIANCE FOR LEAD SLAGMemo
 Description: EPA’s response to a letter expressing support for a petition submitted by GNB Technologies, Inc. seeking a land disposal restriction (LDR) variance from a treatment standard. The petition requests an alternative standard for treated lead slag generated from a secondary lead recovery process. EPA’s ability to finalize a determination depends on timely submittal of the petition and any additional information requested by EPA.
 
12/09/1998SUPPORT FOR PETITION FOR A LAND DISPOSAL RESTRICTION (LDR) TREATMENT VARIANCE FOR LEAD SLAGMemo
 Description: EPA’s response to a letter expressing support for a petition submitted by GNB Technologies, Inc. seeking a land disposal restriction (LDR) variance from a treatment standard. The petition requests an alternative standard for treated lead slag generated from a lead recovery process. EPA will send GNB a preliminary response with ra a request for additional information. EPA’s ability to finalize a determination depends on when additional information is submitted and the completeness of that submittal.
 
11/06/1998TREATMENT TRAIN INTERPRETATION REGARDING NEWPORT CHEMICAL DISPOSAL FACILITYMemo
 Description: A land disposal restrictions (LDR) treatment (treatability) variance is not necessary for intermediate material generated from a treatment train that will not be land disposed or placed on the land.
 
10/14/1998MANAGEMENT OF REMEDIATION WASTES UNDER RCRAMemo
 Description: This memo consolidates existing guidance on the RCRA regulations and policies that most often affect remediation waste management. It discusses, among other topics, the contained-in policy, the area of contamination (AOC) policy, corrective action management units (CAMUs) and temporary units (TUs), land disposal restrictions (LDR) applicability and the alternative standards for soils and debris, the treatability studies exemption, reinjection of contaminated groundwater (RCRA 3020(b)), and permit waivers (RCRA 7003) and emergency permits.
 
06/02/1997TWO-YEAR CAPACITY VARIANCE FOR SOILS CONTAMINATED WITH WOOD PRESERVING WASTESMemo
 Description: EPA has established a two-year national capacity variance (until May 12, 1999) from the land disposal restrictions (LDR) treatment standards for soils contaminated with F032, F034, and F035. During the variance soil contaminated with these wastes may be disposed in a landfill or surface impoundment only if such unit is in compliance with 268.5(h)(2).
 
03/20/1997APPLICABILITY OF LDR TO LAND TREATMENT OF HAZARDOUS WASTEMemo
 Description: Any hazardous waste that is subject to LDR must meet applicable treatment standards or qualify for a variance before it can be applied in a land treatment unit. Untreated waste may be placed in a land treatment unit if the unit has received a no-migration variance. Currently, only one no-migration variance has been granted to a land treatment facility. Permits that predate the LDR requirements do not shield the permittee or the facility from any of the LDR requirements.
 
03/11/1997REQUEST FOR ADMINISTRATIVE STAY OF TREATABILITY VARIANCE FOR HAZARDOUS WASTES GENERATED FROM CITGO PETROLEUM'S LAKE CHARLES REFINERYMemo
 Description: A treatability variance at CITGO Petroleum is warranted. The lack of a variance would result in no closure by waste removal and no treatment at all of hazardous waste, a net environmental detriment (SEE ALSO: 61 FR 55718; 10/28/96). The variance requires removal and destruction of benzene to the same level as the existing treatment standard, and greater than 90% removal and destruction of most of the remaining constituents in the waste (SUPERSEDED: CITGO variance withdrawn at 62 FR 64504; 12/5/97). Section 268.44(a) does not require a finding that the waste’s chemical or physical properties differ significantly from the waste tested to develop the treatment standard in order for the standard to be deemed inappropriate.
 
02/26/1997RCRA GROUNDWATER MONITORING REGULATIONSMemo
 Description: Part 261, Appendix VIII, lists chemicals shown in reputable scientific studies to have toxic, carcinogenic, mutagenic, or teratogenic effects on humans or other life forms. Part 264, Appendix IX, is made up of those compounds on Part 261, Appendix VIII ,for which it is feasible to analyze in groundwater, plus 17 chemicals routinely monitored for under Superfund. The groundwater protection standard (GWPS) is generally limited to Appendix VIII constituents. Appendix IX constituents not in Appendix VIII can be included in a facility’s GWPS by the omnibus authority of RCRA 3005(c)(3) if the Regional Administrator determines they pose a threat to human health or the environment. Removing an Appendix IX constituent from a facility’s GWPS requires a permit modification. Appendix IX constituents not in Appendix VIII are eligible for a variance or an alternate concentration limit (ACL).
 
01/08/1997USE OF SITE-SPECIFIC LAND DISPOSAL RESTRICTION TREATABILITY VARIANCES UNDER 40 CFR 268.44(H) DURING CLEANUPSMemo
 Description: The land disposal restriction (LDR) program requires treatment or placement of waste in no migration unit before placement on land. Discusses treatability variance procedures and minimum requirements for alternative treatment standards (ATT). ATT should consider risk-based cleanup standards. Site-specific treatability variances (SSTV) may be appropriate when the (LDR) treatment standard is unachievable or inappropriate. SSTV may only address some constituents. SSTV is generally appropriate for contaminated soil during corrective action cleanup (SUPERSEDED: see 63 FR 28556; 5/26/98). SSTV approval for soils is delegated to Regions. Discusses SSTV and state authorization. Not all remediation waste is subject to LDR (e.g., LDR not applicable unless waste placed on land before effective date of prohibition). Placement does not occur when hazardous waste is consolidated within a land disposal unit, when waste is treated in-situ, or when the waste is left in place (capped).
 
11/27/1996PERMITTING AND LAND DISPOSAL REQUIREMENTS FOR MANAGEMENT OF CONTAMINATED SOIL WHICH IS HAZARDOUS OR CONTAINS HAZARDOUS WASTEMemo
 Description: Non-exempt remediation activities involving treatment of hazardous waste or media are subject to RCRA permitting even if the cleanup is under state requirements other than RCRA or CERCLA. States with permit waiver authority may waive the permit requirements for cleanups if the waiver is not used in a manner less stringent than that allowed under federal authority. If the state remediation standards are less stringent, waste must meet the LDR treatment standards before placement. The use of a corrective action management unit (CAMU) or area of contamination (AOC) concept will not trigger LDR requirements.
 
06/19/1996JURISDICTIONAL STATUS UNDER THE RCRA OF CERTAIN METAL-RICH SLUDGESMemo
 Description: Wastewater treatment sludge (F006) sent to primary smelters for copper extraction is not eligible for the Section 261.2(e) use/reuse exemption because the sludge is being reclaimed. Sludge may be eligible for a variance from the definition of solid waste under Section 260.30(c) as a partially reclaimed material needing further reclamation.
 
05/01/1996SURFACE IMPOUNDMENT RETROFITTING REQUIREMENTSQuestion & Answer
 Description: HSWA added requirements for minimum technological requirements (MTR) (Section 3004(o)), including double liners, leachate collection and removal systems, and groundwater monitoring for surface impoundments. Interim status surface impoundments in existence on November 8, 1984, had to retrofit to meet standards or close within four years. Existing impoundments newly subject to RCRA must retrofit or close in 4 years (Section 3005(j)). HSWA provided some variances for these retrofitting requirements.
 
09/15/1995CLARIFICATION OF THE RCRA "CONTAINED-IN" POLICYMemo
 Description: Pursuant to the contained-in policy, environmental media that contains listed hazardous waste (HW) must be managed as HW because, and only so long as, it contains listed HW (SEE ALSO: 66 FR 27266; 5/16/01). Regions and authorized States may apply the contained-in policy to determine site-, media-, exposure pathway-, and contaminant-specific levels either before or after treating media and use any mechanism to document these decisions. A state must only be authorized for part of the base program under which a waste of concern is hazardous to make the contained-in determination. The land disposal restrictions (LDR) treatment standards attach at the point of generation and apply to media that no longer contain HW, and to media exhibiting a characteristic that is subsequently treated to eliminate the characteristic. Contaminated media (groundwater (GW), soil, surface water) is not considered a solid waste (abandoned, recycled, or inherently waste-like). The in-situ treatment and movement of contaminated media within an area of contamination (AOC) is not land disposal. Pursuant to RCRA 3020(b), GW may be treated during a cleanup action and reinjected into an aquifer without meeting LDR. EPA encourages individuals who believe that the universal treatment standards (UTS) are not appropriate for their contaminated media to apply for a site-specific treatability variance (SEE ALSO: 63 FR 28556; 5/26/98).
 
06/30/1995DETERMINATION WHETHER SECONDARY MATERIAL TRANSPORTED TO A CANADIAN COPPER SMELTER IS A SOLID WASTEMemo
 Description: Although dewatering is reclamation, dried metal hydroxide solids in pellet powder from dewatering electroplating wastewater are F006. The listing applies even if the sludge is reclaimed further. Pellets sent to a smelter to recover metals are reclaimed, not directly used or reused, because distinct components are recovered as separate end products. The sludge is F006 before reclamation unless a variance from the definition of solid waste for partially-reclaimed wastes needing further reclamation (260.30(c)) is obtained.
 
11/15/1994VARIANCES FROM CLASSIFICATION AS A SOLID WASTE UNDER 40 CFR 260.31(B) FOR SPENT CATALYSTSMemo
 Description: Wastes subject to a variance for secondary materials that are reclaimed and reused within original production process in which generated are not subject to RCRA even if they are burned or incinerated. Provides the criteria or conditions that an applicant must meet to be eligible for a variance. The Agency can weigh criteria differently and add factors (SEE ALSO: Section 261.4(a)(8)).
 
10/24/1994DETERMINATION OF EQUIVALENT TREATMENT (DET) FOR 8 OF THE WASTE CODES FROM A TOLUENE DIISOCYANATE (TDI) TREATABILITY GROUPMemo
 Description: The catalytic extraction processing and compliance with universal treatment standards (UTS) for metals is equivalent to best demonstrated available technology (BDAT) of incineration or combustion for toluene diisocyanate waste (K027, K112, K114, K115, K116, U221, U223). K111 has a land disposal restrictions (LDR) concentration based standard, not technology, and thus is not eligible for an equivalent treatment variance.
 
07/26/1994DETERMINATION ON THE LEGALITY AND APPROPRIATENESS OF USING INCINERATION FOR TWO P078 WASTE STREAMSMemo
 Description: The land disposal restrictions (LDR) treatment standard for P078 is ADGAS. Liquid P078 absorbed onto debris or into a rinsate liquid meets the standard. An equivalent method variance is not necessary in such cases. Residues from incineration are subject to the treatment standards.
 
02/16/1994ACCEPTABILITY UNDER THE RCRA LAND DISPOSAL RESTRICTIONS OF TWO METHODS OF MACROENCAPSULATION FOR MIXED WASTES AT ROCKY FLATSMemo
 Description: The definition of macroencapsulation entails the use of a jacket or inert inorganic material and not merely placement in a tank or container because of the void spaces between the debris and the container. Discusses possible placement with variance from treatment standard, equivalent method variance, or no-migration variance. Discusses the performance standards for immobilization technologies.
 
01/05/1994THE EFFECT OF AN UPCOMING RULE ON NONHAZARDOUS UNDERGROUND INJECTION CONTROL WELLS AND ELEMENTARY NEUTRALIZATION UNITSMemo
 Description: Provides a summary of Phase III and characteristic wastes managed in CWA systems and underground injection control (UIC) wells. A nonhazardous UIC well is a land disposal unit. Waste disposed of in a well must meet land disposal restrictions (LDR) treatment standards or the unit will need a no-migration variance. LDR Phase III will not eliminate elementary neutralization units (ENU) but will require that wastes decharacterized in ENUs meet standards for underlying hazardous constituents (SUPERSEDED: see 61 FR 15660; April 8, 1996).
 
08/18/1993APPLICABILITY OF LAND DISPOSAL RESTRICTIONS TO THE WASTE CODE CARRY THROUGH PRINCIPLEMemo
 Description: Residues from the treatment of waste with a land disposal restrictions (LDR) equivalent method variance may lose the waste code provided certain conditions are met. Discusses the applicability of the derived-from rule to such residues (SEE ALSO: 66 FR 27266; May 16, 2001).
 
06/06/1993HAZARDOUS DEBRIS CASE-BY-CASE CAPACITY VARIANCE RENEWALMemo
 Description: A good-faith effort to locate a treatment capacity may be ongoing for waste under a hazardous debris case-by-case capacity variance. An effort must be documented and must continue throughout the period of the variance.
 
11/05/1992CLARIFICATION OF NEWLY LISTED WASTES AND HAZARDOUS DEBRISMemo
 Description: Characteristic debris treated to meet the land disposal restrictions (LDR) performance standards and contaminant restrictions that no longer exhibits a characteristic, is not hazardous waste. If a mixture of a material is comprised primarily of debris, by volume, based on visual inspection, the entire mixture is debris. Non-debris mixtures may be treated via equivalent method variance or variance from treatment standard. Analysis of leachability reduction of microencapsulated waste may be achieved by determining the constituent leachability before and after treatment using TCLP.
 
08/15/1992Environmental Fact Sheet: Proposed No Migration Variances to the Land Disposal Restrictions of Hazardous WastesPublication
 Description: This fact sheet announces a proposed rule to create a comprehensive, substantive, and procedural framework for no migration petitions.
 
09/27/1991CALIFORNIA LIST PROHIBITIONS APPLICABILITY AFTER THIRD THIRD RULEMemo
 Description: Liquid and nonliquid PCBs must be incinerated. Waste subject to the land disposal restrictions (LDR) national capacity variance must meet California list standard before disposal (SUPERSEDED: California list removed, see 62 FR 25997; May 12, 1997). The halogenated organic compound (HOC) standards apply only to characteristic wastes, listed wastes are not subject because they have their own treatment standard or are newly-listed.
 
03/01/1991AMENDMENTS TO PART 262 HAZARDOUS WASTE DETERMINATION AND RECORDKEEPING REQUIREMENTS OF PART 262 AND 268Question & Answer
 Description: The Section 262.11(c) requirement for generators to evaluate listed waste for characteristics applies to land disposal restrictions (LDR) paperwork only, and does not affect generator paperwork such as the manifest or the biennial report. If waste is both listed and characteristic, then the LDR standards for the listing operate in lieu of the characteristic standards, unless the listing does not address the characteristic or is not in effect (i.e., under a variance).
 
02/13/1991HAZARDOUS WASTE DETERMINATIONS FOR NICKEL-CADMIUM BATTERIESMemo
 Description: Unused batteries are CCPs and are not solid waste when destined for reclamation. Used batteries are spent materials and are solid waste when destined for reclamation. Used batteries that are partially reclaimed but need further reclamation are generally solid waste. A variance may be used to show that partially reclaimed used batteries are not solid waste (SEE ALSO: Part 273).
 
01/07/1991APPLICABILITY OF ""SUPERFUND LDR GUIDES""Memo
 Description: Discusses the use of Superfund and NCP guidance at RCRA sites. The area of contamination (AOC), placement concept, and land disposal restrictions (LDR) treatability variances apply to RCRA corrective action, state, and voluntary cleanups of RCRA waste. In-situ treatment may not be placement.
 
01/01/1991CLASSIFICATION OF LEACHATE CONTAMINATED GROUND WATERQuestion & Answer
 Description: Groundwater contaminated with leachate resulting from the disposal of multiple listed wastes contains F039. F039 wastewaters destined for underground injection received a two-year national capacity variance.
 
12/27/1990TREATMENT STANDARDS FOR CERTAIN MIXED RADIOACTIVE WASTESMemo
 Description: Merely placing waste in a tank or a container is not macroencapsulation (MACRO). A plastic or steel coating that provides reduction in surface exposure to leaching media, and jackets of inorganic materials are MACRO. Macroencapsulation does not comply with existing land disposal restrictions (LDR) standards for metals. Waste could be macroencapsulated and disposed of via a variance from a treatment standard, no-migration petition, or national capacity variance.
 
12/11/1990ASBESTOS/LEAD/SOIL/DEBRIS AS INORGANIC SOLID DEBRISMemo
 Description: Inorganic solids debris is defined as nonfriable wastes contaminated with characteristic metals that do not pass through a 9.5-mm sieve tray. Debris qualifying for a national capacity variance can be disposed of without meeting land disposal restrictions (LDR) treatment standards in a Subtitle C landfill meeting minimum technical requirements (MTR) (SUPERSEDED: see Section 268.35(e)(1)).
 
12/01/1990LDR REQUIREMENTS DURING NATIONAL CAPACITY VARIANCES (NCVS)Question & Answer
 Description: Restricted wastes that are granted a national capacity variance are still subject to recordkeeping and analysis requirements and any applicable California list restrictions (3004(h)(2)) (SUPERSEDED: California list removed, see 62 FR 25997; May 12, 1997). Any landfill or surface impoundment holding such waste must meet minimum technology requirements.
 
10/18/1990USED REFRIGERANTS UNDER 40 CFR 261.2Memo
 Description: Variances from the definition of solid waste (SW) are evaluated on a case-by-case basis. Most used refrigerants being reclaimed do not qualify for a variance from the definition of SW (SUPERSEDED: see 261.4(b)(12)). Reclamation can include filtration to reinsertion into a refrigerant manufacturing unit (SUPERSEDED: see 261.4(b)(12)). Used refrigerants are spent materials, not CCPs or by-products, and are SW if reclaimed. The spent material definition carries a plain language meaning. Used refrigerant that is directly reused as a refrigerant is the continued use of a product and is not SW.
 
10/14/1990LDR DETERMINATION OF WASTE STREAM DILUTIONMemo
 Description: The aggregation of wastes followed by legitimate centralized treatment is permissible dilution. Biological treatment is inappropriate for metals. Waste with land disposal restrictions (LDR) national capacity variance can be disposed if in a surface impoundment that has met minimum technical requirements.
 
10/14/1990NATIONAL CAPACITY VARIANCE FOR INORGANIC SOLIDS DEBRISMemo
 Description: Metal-contaminated cloth filters and glass picture tubes qualify for a third national capacity variance for inorganic solid debris. A variance applies to inseparable mixtures, such as appliances, until the mixture is separated. Waste is defined as inorganic solid debris at the point of generation.
 
10/09/1990CONTAMINATED SOIL AND DEBRIS TREATED REPLACEMENT UNDER A TREATABILITY VARIANCEMemo
 Description: Waste and residue treated under a treatability variance are regulated the same as waste treated to the applicable land disposal restrictions (LDR) standards. Soil and debris that is subject to a treatability variance are still managed as hazardous waste under contained-in policy. A variance is not that same as a delisting. An area of contamination (AOC) designated by the Region during RCRA corrective action is a RCRA unit. Waste is not subject to LDR and the unit is not subject to minimum technological requirements (MTR). Discusses corrective action management units (CAMUs).
 
10/03/1990LAND DISPOSAL OF UNTREATED HAZARDOUS WASTEMemo
 Description: The processing of a no migration petitions takes 12-18 months. The national lack of capacity for treatment, recovery, or disposal may allow a case by case extension to the land disposal restrictions (LDR) effective date. EPA proposal to grant a no migration or treatability variance that can be used to satisfy the case by case extension criteria.
 
09/28/1990LAND DISPOSAL RESTRICTIONS EFFECT ON STORAGE/DISPOSAL OF COMMERCIAL MIXED WASTEMemo
 Description: The hazardous component of mixed waste is regulated under RCRA therefore subject to land disposal restrictions (LDR) treatment standards. Discusses the overview of radioactive mixed waste, the storage prohibition, state authorization, and mixed waste (SEE ALSO: 64 FR 63464; November 19, 1999). Discusses the mixed waste national capacity variances, no-migration petitions, variances from treatment standard, and dilution prohibition.
 
09/26/1990SUBTITLE C IMPERMEABLE CAP REQUIREMENT FOR ON-SITE CONTAINMENT OF WOOD PRESERVING WASTESMemo
 Description: EPA grants ARAR waiver of landfill impermeable cap requirement for waste treated to land disposal restrictions (LDR) variance from treatment standard. The consolidation of wastes within an area of contamination (AOC), not replacement unit, does not trigger minimum technological requirements (MTR).
 
08/30/1990CAPACITY VARIANCES AND UNDERGROUND INJECTIONMemo
 Description: An underground injection capacity variance may apply to a facility generating injected waste from treatment. Multi-source leachate wastewater that is deep-well injected is granted a two-year capacity variance. Facilities with approved no-migration petitions do not need a capacity variance.
 
08/17/1990CAPACITY VARIANCES FOR UNDERGROUND INJECTION FACILITIESMemo
 Description: To EPA's knowledge, all commercial facilities with hazardous waste injection (UIC) wells disposing of on-site clean-up wastes have received final approval of no-migration petitions. Deep-well injected F039 has a two-year capacity variance, whether it is injected on site or commercially off site.
 
08/13/1990K001, P093, AND U059 CONTAMINATED SOIL TREATMENT STANDARDSMemo
 Description: Discusses the applicability of land disposal restrictions (LDR) to soil contaminated with multiple listed and characteristic wastes. If a waste with multiple codes has one code that is subject to national capacity variance, then the waste must meet all applicable standards during variance. Contaminated soil eligible for national capacity variance without further treatment (SEE ALSO: 63 FR 28556; May 26, 1998).
 
07/31/1990MULTI-SOURCE LEACHATE AND TREATMENT STANDARDS OF LAND DISPOSAL RESTRICTIONSMemo
 Description: Waste codes not required on the manifest. A TSDF may rely on waste analysis data from the generator, but the TSDF must periodically test representative samples. A lab may certify for land disposal restrictions (LDR) as representative of the waste handler. Waste analysis parameters. Stabilization of cyanide to reduce leachability is an inappropriate treatment and generally impermissible dilution. No dilution of toxicity characteristic wastes if land disposed. Generators must determine characteristics. If a listed treatment standard addresses the characteristic, it operates in lieu of characteristic (even if less stringent). Prohibited waste only placed in a minimum technological requirement (MTR) surface impoundment if meets treatment standards, variance or extension, or 268.4. Notice and certification for de-characterized waste is sent to the implementing agency. F039 HSWA. Permitted TSDFs with F039 submit Class 1 modification by 8/8/90. Lab packs must be burned in Subpart O incinerator, not cement kilns.
 
06/14/1990PERSONAL PROTECTIVE GEAR DISPOSALMemo
 Description: Lead-contaminated personal protective equipment (PPE) or gear is subject to land disposal restrictions (LDR). Hazardous waste eligible for a national capacity variance may be disposed without treatment in a minimum technological requirement (MTR) landfill or surface impoundment if the waste is below California list prohibition levels (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
04/06/1990CERCLA RESPONSE ACTIVITIES AND THE LAND DISPOSAL RESTRICTIONS PROGRAM’S APPLICABILITY AT PLATTSBURGH AIR FORCE BASEMemo
 Description: National capacity variance wastes must be disposed in a minimum technological requirement (MTR) unit (SEE ALSO: 268.5). Discussion of the applicability of the land disposal restrictions (LDR) to CERCLA (ARAR). Disposal within an area of contamination (AOC) is not subject to minimum technological requirements. Discussion of treatability variances at CERCLA sites. DDT is a halogenated organic compound (HOC).
 
02/22/1990D001 CHARACTERISTIC WASTES - LAND DISPOSAL RESTRICTIONSMemo
 Description: Waste cannot be disposed of unless treated to land disposal restrictions (LDR) treatment standards, disposed in no-migration unit, or subject to exemption or variance from treatment standards. D001 ignitable waste must be treated to treatment standard before disposal. There are special requirements for ignitable wastes placed in a surface impoundment, landfill, waste pile, and land treatment unit.
 
09/01/1989CLARIFICATION OF LAND DISPOSAL RESTRICTIONS FOR UNDERGROUND INJECTED WASTESQuestion & Answer
 Description: Generators are still subject to the land disposal restrictions (LDR) notification requirements during variance from treatment standards for wastes disposed of in an UIC wells. During the variance, notification must indicate that the waste need not meet the treatment standard (SEE ALSO: 60 FR 43654; August 22, 1995).
 
07/28/1989TEL GASOLINE SLUDGE DISPOSALMemo
 Description: Leaded tank bottoms from the petroleum refining industry are listed hazardous waste (K052) subject to land disposal restrictions (LDR). Solvent extraction and incineration is best demonstrated available technology (BDAT) for gasoline sludge waste. A temporary variance may be granted.
 
05/05/1989PLACEMENT OF STABILIZED WASTES THAT DO NOT MEET LAND RESTRICTION REQUIREMENTSMemo
 Description: Waste must meet treatment standards before it is placed in a land disposal unit. A land disposal restrictions (LDR) equivalent method variance may be granted if the technology is equivalent or better than best demonstrated available technology (BDAT). A no-migration variance must be based on the period that the waste is hazardous. Bulk or non-containerized liquid hazardous waste must pass the paint filter liquids test prior to placement in a landfill.
 
12/07/1988INDUSTRIAL PLATING OPERATIONS, STATUS OF VARIOUS WASTES FROMMemo
 Description: Electroless plating is not electroplating. A facility with a recycling unit needs a permit only for hazardous waste storage prior to or after recycling unless the reclamation process involves incineration or land disposal. Partially reclaimed waste which only needs further refining before it can be beneficially used may not be a waste. Partially reclaimed material may be eligible for a variance. Discussion of the regulatory status of filter cake from treatment of plating wastes. Filter cake from thre treatment of an electroplating bath is more likely to be a spent material than a sludge (i.e., plating bath is not wastewater).
 
12/01/1988LAND DISPOSAL RESTRICTIONS: SOILS AND DEBRIS FROM RCRA CORRECTIVE ACTIONQuestion & Answer
 Description: All soil and debris contaminated with first third waste with incineration as a treatment standard qualify for a capacity variance. A variance for solvent, dioxin, or California-listed contaminated soil and debris is applied to waste generated by a CERCLA response action or a RCRA corrective action (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
09/02/1988SUMMARY OF ASSISTANCE BRANCH PERMITTING COMMENTSMemo
 Description: Aboveground bolted flange joints that are inspected daily do not need secondary containment. Joints where waste may contact the thread must meet the secondary containment requirement for tank ancillary equipment. A trench below tank waste lines may qualify as secondary containment if it is sized to contain a release and if the trench is dry so that leaks can be detected. Discusses the status of new tank systems at facilities permitted between 7/14/86 and 1/12/87. To meet the definition of a boiler, the combustion chamber and energy recovery section must be of integral design. A unit with a “post-combustion” chamber between the combustion and energy recovery sections is not a boiler. A unit with a combustion section connected to an energy recovery unit by a duct and a control system is not a boiler. A unit with innovative insulation installation does not qualify as boiler under a variance petition if the insulation does not provide significantly better performance. The determination of boiler efficiency should be conducted under controlled conditions following a method specified by the American Society of Mechanical Engineers. Thermal relief vents can be used in the design of a new incinerator, but a permit should require backup systems to minimize their use. Addresses the application of the minimum technology requirements (3004(o)) to the vertical and lateral expansions of surface impoundments and landfills. The minimum technology waiver petition was granted due to alternate design and operational factors. The 3004(o)(2) waiver petition that would prevent the migration of contaminated groundwater beyond the waste management area (e.g. surface impoundment) is inadequate because it does not prevent all groundwater contamination. Incinerators may be eligible for research, development, and demonstration (RDD) permits. Provides guidance on the duration of Research, Development, and Demonstration (RDD) permits beyond a calendar year and criteria for renewing RDD permits. Discusses the applicability of the new tank system regulations in authorized v. unauthorized states. Includes guidance on the selection of principal organic hazardous constituent (POHCs) and the use of surrogate v. actual wastes during the incinerator trial burn. The actual waste can be spiked during the trial burn to raise principal organic hazardous constituent levels. Addresses the sampling frequency during a trial burn. The mass feed rate of a principal organic hazardous constituent (POHC) input used for destruction and removal efficiency (DRE) calculations must equal mass feed rate in the wastestream only. When sampling for particulates and semi-volatile POHCs during an incinerator trial burn, two separate Modified Method 5 (MM5) trains should be used. Only one confirmatory sampling event is necessary to trigger compliance monitoring. Discusses the disposal of purged water generated during groundwater sampling and analysis. An owner of a landfill or surface impoundment submitting a no migration waiver petition must use a worst-case soil permeability factor in groundwater modeling. The constituent concentration, retardation factors, and constituent half-life must be evaluated when developing a model for a no migration waiver petition for a surface impoundment or a landfill (3004(o)(2)). The owner of a site with a complex hydrogeology should use a 2 or 3-dimensional model to support a no migration demonstration. Provides criteria for evaluating landfill composite bottom liner equivalency. Addresses the evaluation of a final cover slope using a soil loss equation. EPA recommends the use of glass vessels when performing compatibility testing on a high-density polyethylene (HDPE) liner. Scarifying and remolding do not meet the minimum technological requirements for a landfill secondary soil liner. A contingency plan must designate a sufficient number of emergency coordinators to provide 24-hour and vacation coverage. The federal regulations require a compressive strength test for stabilized wastes (going to a landfill) that pass the paint filter test only if true chemical stabilization has not occurred.
 
08/26/1988SECONDARY LEAD SMELTER VARIANCESMemo
 Description: Lead plates removed from lead-acid batteries at smelter and awaiting further reclamation in smelter are solid waste. Partially-reclaimed lead at a smelter is typically eligible for a variance from the solid waste definition. Discussion of common lead-acid battery cracking practices at lead smelting facilities (SEE ALSO: Part 273).
 
06/16/1988LAND BAN ISSUES - 1988 UPDATEMemo
 Description: A surface impoundment not meeting the minimum technical requirements (MTR) may continue to receive restricted wastes if it has a waiver under 3005(j). Units receiving waste subject to a national capacity variance or a case by case extension must meet MTR. Provides criteria for case-by-case extensions, a discussion of the soft hammer provisions, guidance on the treatment of soil, and treatment capacity information. Addresses the lack of capacity due to surface impoundment closure.
 
05/01/1988LAND DISPOSAL RESTRICTIONS - DISPOSAL OF WASTES GRANTED A VARIANCEQuestion & Answer
 Description: Restricted wastes that are granted a capacity variance may be disposed of in landfills or surface impoundments only if the facility is in compliance with the minimum technological requirements (MTR). These wastes may also be disposed of in land treatment facilities that are not in compliance with MTR (SUPERSEDED: 268.8 removed, see 61 FR 15599; 4/8/96).
 
04/06/1988RECYCLING NICKEL, COPPER AND CHROMIUM-CONTAINING ELECTROPLATING SLUDGESMemo
 Description: Smelting wastewater treatment sludge to recover metal is reclamation. Partially reclaimed listed sludge is a solid waste (SW), unless granted a variance. Sis ludge to be smelted not eligible for the reuse exemption. A listed sludge to be smelted is a hazardous waste. A characteristic sludge to be smelted is not a SW.
 
03/08/1988PROCESS WASTEWATER FROM METAL DEGREASING OPERATIONSMemo
 Description: Solvent-contaminated water in a rinse tank is a process waste, not a spent solvent, and is hazardous only if it exhibits a hazardous characteristic. Includes a comparison of the mixture rule exemption for solvent-water and the land disposal national capacity variance for wastes with less than 1% F001-F005 solvents.
 
02/01/1988LAND DISPOSAL RESTRICTIONSQuestion & Answer
 Description: SQG solvent and dioxin wastes were not granted a two year variance on the effective date of the land disposal restrictions (LDR) for placement of those wastes in Class I underground injection control (UIC) SDWA wells. The extension of the effective date for solvents wastes with less than one percent (1%) total solvent constituents applied to all generators, including SQGs.
 
10/29/1987UCAPCO APPLICATION FOR A VARIANCE UNDER 3004(C)(2) OF RCRAMemo
 Description: Variances from the minimum technological requirements (MTR) may be obtained if an alternate system can prevent the migration of any hazardous constituents into the groundwater. The term groundwater is not limited to only groundwater beyond the waste management area (surface impoundment, waste pile, landfill).
 
10/15/1987CALIFORNIA LIST LAND DISPOSAL RESTRICTIONS, EPA'S IMPLEMENTATION OFMemo
 Description: Wastes covered by a national capacity variance or a case-by-case extension must be placed in a unit that is in compliance with the minimum technical requirements (MTR). Discusses the criteria for no-migration petitions. Includes a historic discussion of the development of the California list and the land disposal restrictions (LDR) treatment standards (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
08/10/1987LAND DISPOSAL PROHIBITION RULE FOR SOLVENTSMemo
 Description: Only the initial generator can determine that a waste with less than 1% F001-F005 solvents is subject to a national capacity variance. Treatment facilities must treat residues to meet the applicable treatment standard and must complete land disposal restrictions (LDR) notification. The generator, not the treater, must determine if the waste is prohibited. The treater can apply for a case-by-case extension.
 
07/16/1987NON-APPLICABILITY OF THE LESS-THAN-1% EXTENSION TO TREATMENT RESIDUALSMemo
 Description: A national capacity variance for wastes containing less than 1% total solvent constituents does not apply to residuals from the recovery of a restricted waste, but rather to the initial generator of waste before treatment. Treatment residues must meet the applicable land disposal restrictions (LDR) treatment standards.
 
06/29/1987WASTES GENERATED IN MANUFACTURING PROCESS UNIT NOT SUBJECT TO LAND DISPOSAL RESTRICTIONS UNTIL REMOVEDMemo
 Description: Wastes generated in a manufacturing process unit are not subject to the land disposal restrictions (LDR) until the waste exits the manufacturing process. The initial generator should determine if the waste is eligible for a national capacity variance.
 
06/26/1987GENERATOR REQUEST FOR EXEMPTION FROM OR EXTENSION OF LAND DISPOSAL RESTRICTIONSMemo
 Description: Land disposal includes land treatment. Restricted waste may not be land treated unless it meets the treatment standard or has been granted a no-migration variance.
 
06/26/1987SLUDGE CONTAINING 1,1,1-TRICHLOROETHANE (TCE)Memo
 Description: Solvent wastes placed in storage or land disposed prior to the effective date of the land disposal restrictions (LDR) become subject to LDR when they are removed from storage or taken out of the land, unless they are subject to a variance or meet the applicable treatment standard.
 
04/27/1987RESIDUALS FROM TREATMENT OF RESTRICTED WASTES NOT COVERED BY LESS-THAN-1% SOLVENT EXTENSIONMemo
 Description: Solvent contaminated rags are subject to the national capacity variance for F001-F005 solvent-containing sludges, solids, soils, and solvent-waste mixtures containing less than one percent of F-listed solvent constituents (SEE ALSO: RPC# 2/14/94-01).
 
04/01/1987APPLICABILITY OF THE LAND DISPOSAL RESTRICTIONS TO CERCLA WASTESQuestion & Answer
 Description: The two-year national capacity variance for F001-F005 wastes from CERCLA response actions applies only to wastes generated pursuant to CERCLA 104 or 106 response actions and RCRA corrective actions, and does not apply to wastes from private party response actions.
 
02/25/1987VULNERABILITY GUIDANCEMemo
 Description: Discusses the applicability of the groundwater vulnerability guidance to RCRA permitting standards. It may be used for site characterization, surface impoundment retrofitting variances, leachate migration potential and impact, and hydraulic conductivity data collection.
 
02/03/1987LAND DISPOSAL RESTRICTIONS ON THE METAL FINISHING INDUSTRYMemo
 Description: Certain hazardous wastes are prohibited unless the wastes meet the land disposal restrictions (LDR) treatment standards set by EPA, or if a facility is granted a no-migration petition, national capacity variance, or case-by-case extension.
 
01/20/1987LAND DISPOSAL RESTRICTIONS CLARIFICATIONSMemo
 Description: Discusses a national capacity variance for solvents, dioxins, soils, and media from RCRA and CERCLA cleanups, an exemption for solvents from SQGs, and the land disposal restrictions (LDR) storage prohibition. Ash derived from the incineration of F003 remains listed (SEE ALSO: 66 FR 27266; 5/16/01). F003 mixed with solid waste is no longer hazardous if it is not characteristic via the mixture rule (SUPERSEDED: See 268.3). If the origin is not known, wastes with F001-F005 constituents are considered listed (SUPERSEDED: See 55 FR 8758; 3/8/90).
 
01/20/1987VOLUNTARY TREATMENT PRIOR TO LAND DISPOSALMemo
 Description: If residue from a waste treated voluntarily during a national capacity variance does not meet specifications of the waste subject to the national capacity variance, the residues must meet their treatment standard or the generator can submit a no-migration petition or apply for a treatability variance.
 
01/13/1987LAND DISPOSAL RESTRICTIONS FOR SOLVENTS AND DIOXINS, EXEMPTIONS TOMemo
 Description: The land disposal restrictions (LDR) treatment standards for solvents are set at concentration levels, and incineration is not mandatory. Facilities may not have to meet the standards if they are subject to a national capacity variance for wastes with less than 1% F001-F005 solvents, are SQGs, or are granted a no-migration variance.
 
01/12/1987SOLVENT-BEARING WASTEWATER, SLUDGE, AND BRINE TREATED AND STORED IN SURFACE IMPOUNDMENTSMemo
 Description: Wastewaters and sludges with less than 1% total F001-F005 solvents are subject to the land disposal restrictions (LDR) national capacity variance and can be stored or treated in surface impoundments that meet minimum technical requirements (MTR). After the effective date, waste must be treated to meet the treatment standard, disposed pursuant to the case-by-case extension, or managed in a unit with a surface impoundment exemption.
 
01/07/1987BOILER VARIANCE FOR A WASTE HEAT RECOVERY BOILER NOT OF INTEGRAL DESIGN, DENIAL OFMemo
 Description: The definition of boiler and the boiler variance do not apply to combustors that are not of integral design.
 
01/01/1987LAND DISPOSAL RESTRICTION, DIOXINS, AND 90-DAY ACCUMULATIONQuestion & Answer
 Description: Generators cannot apply for interim status and cannot store restricted waste for greater than 90 days if the waste received a national capacity variance (SUPERSEDED: see current 268.50).
 
12/30/1986TECHNICAL SUPPORT DOCUMENT FOR BDATMemo
 Description: The treatment standards for spent solvents do not require the use of a particular technology. The best demonstrated available technology (BDAT) background document for F001-F005 spent solvents provides information on the applicable technologies used to meet land disposal restrictions (LDR) standards and serves as a basis for decisions of treatment variances.
 
12/11/1986DRY CLEANING CARTRIDGE FILTERS, DISPOSAL OFMemo
 Description: Valclene or trichlorotrifluoroethane that is used in dry cleaning operations is F002. SQGs generating certain spent solvents qualify for a two-year national capacity variance until 11/8/88. CESQGs are not subject to land disposal restrictions (LDR).
 
12/01/1986LAND DISPOSAL RESTRICTIONS - VARIANCE FROM A TREATMENT STANDARDQuestion & Answer
 Description: Wastes for which treatment standards cannot be met (because the waste does not fit into a BDAT treatability group used to set a treatment standard) may be eligible for a treatability variance under section 268.44.
 
12/01/1986LAND DISPOSAL RESTRICTIONS - VARIANCES TO BANQuestion & Answer
 Description: A discussion of the effective dates for solvents (F001-F005) and dioxins (F020-F023; F026-F028) under the land disposal restrictions (LDR). EPA provided national capacity variances for certain solvent wastes and all dioxin wastes.
 
10/01/1986LAND DISPOSAL RESTRICTION VARIANCESQuestion & Answer
 Description: Facilities of waste subject to the land disposal restrictions (LDR) for which no treatment technologies have been developed can obtain a no-migration variance under section 3004(e), a case-by-case extension under section 3004(h)(3), and a treatability variance (Historical MRQ).
 
10/01/1986RETROFITTING SURFACE IMPOUNDMENTSQuestion & Answer
 Description: Surface impoundments not meeting the minimum technological requirements (3004(o)) cannot receive wastes after 11/8/88, unless the owner has obtained a variance. Closure does not have to occur by 11/8/88. The closure notification for an interim status unit is due by 6/8/88 (3005(j)).
 
10/01/1986SECONDARY CONTAINMENT VARIANCES FOR TANKSQuestion & Answer
 Description: A technology-based or risk-based variance from the secondary containment standards is available. The technology-based variance is for the alternative design or practice. A risk-based variance is for no present or potential hazard. A risk-based variance is not granted to new underground tank systems.
 
08/12/1986HALOGEN ACID FURNACES AS INDUSTRIAL FURNACES OR BOILERSMemo
 Description: Halogen acid furnaces (HAFs) that burn secondary streams as an ingredient and for energy recovery are not boilers and should be classified as industrial furnaces. Heat from burning streams fuels the furnace reactions. Energy recovery does have to involve export of energy from a combustion device.
 
01/03/1986BOILERS AND INCINERATORS, DISTINCTION BETWEEN/INTEGRAL DESIGN STANDARDMemo
 Description: The boiler definition applies to units where the combustion chamber and the heat recovery unit are of integral design. The boiler variance procedures classify units as incinerators. The burning of hazardous waste fuel in a nonindustrial boiler is prohibited (SUPERSEDED: see 56 FR 7134; 2/21/91).
 
12/30/1985INTEGRAL DESIGN STANDARD IN BOILER DEFINITION (LUBRIZOL)Memo
 Description: A rotary bed furnace with secondary combustion and an attached waste heat boiler does not meet the integral design standard of boiler definition nor the fluidized bed or process heater exemption. The unit is an incinerator. The boiler variance is not appropriate for furnaces ducted to heat recovery boilers.
 
11/20/1985HEAT RECOVERY UNIT AS A BOILER OR AN INCINERATORMemo
 Description: The definition of a boiler requires that the energy recovery system be of an integral design to the combustion chamber, not merely joined by ducts or connections. Add-on devices are not boilers. Add-on devices may be an incinerator. The variance to classify apply to devices that are not considered by the boiler definition
 
10/29/1985RECLAMATION OF SPENT ALKALINE ETCHANT-REQUEST FOR VARIANCE UNDER MOD. CLOSED-LOOP PROVISIONMemo
 Description: Reclaimed spent alkaline etchant used as a feedstock in the manufacture of new etchant not eligible for a variance from the solid waste (SW) definition. After reclamation, an etchant destined for use as raw material to produce new etchant is no longer a SW and is not subject to regulation. Discussion of closed-loop recycling.
 
10/28/1985GROUNDWATER MONITORING VARIANCE REQUIREMENTSMemo
 Description: The groundwater monitoring variance submissions must demonstrate that the unit will not allow migration of hazardous constituents beyond the layer of containment.
 
09/01/1985SOLID WASTE VARIANCEQuestion & Answer
 Description: The solid waste variance in 260.30(b) applies only if the waste is reclaimed in the primary production process that produced the waste.
 
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