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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
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04/01/2014APPLICABLE RCRA REGULATIONS FOR RECYCLING CATHODE RAY TUBE (CRT) GLASSMemo
 Description: The regulations at 261.4(a)(22) and 261.39 would apply to the recycling of used cathode ray tubes (CRTs), both intact and broken. The exclusion at 261.39(c) only applies to processed CRT glass sent for recycling to a CRT glass manufacturer or a lead smelter; the provision would not apply to a mechanical process used to recycle CRT glass into lead and silica sand. The generator of the hazardous CRT glass may recycle the glass in an on-site hazardous waste generator accumulation unit without a hazardous waste permit, provided they are in compliance with the applicable requirements in 262.34 and the treatment is not thermal treatment. If the lead or silica were applied to or placed on the land or used in foundations or other land placement activities, EPA would consider it to be a recycled material used in a manner constituting disposal and subject to the regulations in Part 266, Subpart C. These regulations require that the product of the recycling meet the applicable land disposal restriction (LDR) treatment standards in Part 268, Subpart D prior to placing the material on the land. Under RCRA, all recycling must meet the criteria for legitimate recycling.
 
03/01/2013CLARIFICATION ON THE DILUTION OF LISTED F003 HAZARDOUS WASTEMemo
 Description: An F003 hazardous waste (listed solely for the characteristic of ignitability) is not a hazardous waste if the waste no longer exhibits any characteristic of hazardous waste per 40 CFR 261.3(g). However, F003 waste that is subsequently decharacterized is still subject to the Part 268 LDR requirements and may not be simply diluted as a substitute for adequate treatment (268.3) (SEE ALSO: R
 
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.
 
06/08/2006GUIDANCE FOR GENERATORS DISPOSING OF FULLY-DISCHARGED LITHIUM SULFUR DIOXIDE BATTERIESMemo
 Description: A fully discharged lithium sulfur dioxide battery would have zero volts and would be unlikely to exhibit the reactivity characteristic. Lithium sulfur dioxide batteries that have been discharged using a Complete Discharge Device (CDD) to a voltage of one volt per cell or less are unlikely to be reactive. Discharge of batteries to remove the electric charge is an acceptable waste management practice under the universal waste rule. Batteries are considered hazardous waste at the time of removal from service. Generators, transporters, and consolidation points managing universal waste are required to comply with the land disposal restrictions (LDR). If lithium sulfur dioxide batteries are reasonably expected to contain underlying hazardous constituents (UHCs) above its universal treatment standard (UTS) level, the UHC must be treated to the UTS level before land disposal. Once batteries have been discharged and are no longer characteristic hazardous waste, it is not necessary to treat UHCs at a RCRA-permitted facility. Decharacterized universal waste meeting LDR requirements, including applicable UTS for UHCs, can be managed as nonhazardous waste and may be sent to a municipal solid waste landfill (MSWLF).
 
06/27/2005LDR REQUIREMENTS FOR F003 AND D001 WASTESMemo
 Description: The requirement to treat underlying hazardous constituents (UHCs) for a D001 and F003 waste is not waived by the “in lieu of” provision under 40 CFR 268.9(a) because the waste was D001 at the point of generation. The generator would need to list both D001 and F003 waste codes on the one-time land disposal restriction (LDR) notification under 40 CFR 268.7. In addition, all F003 constituents of concern and any UHCs in the D001 waste must be listed, unless the waste will be treated for all constituents.
 
06/01/2004REQUIREMENTS FOR CHARACTERISTIC SLUDGE REMOVED FROM A WASTEWATER TREATMENT UNITMemo
 Description: A treatment sludge from characteristic wastewaters in a WWTU must be managed as hazardous once it is removed from tank if it exhibits a characteristic. Such waste is subject to on-site storage, transportation, and LDR requirements. If a nonwastewater sludge does not exhibit a characteristic it is not subject to Subtitle C, but LDR may still apply. Treatment of a wastewater that results in a change to nonwastewater may be a change in treatability group and a new point of generation. If there has been a change in treatability group and the waste is no longer characteristic, LDR requirements do not apply.
 
05/03/2004TREATMENT OF MERCURY-BEARING HAZARDOUS WASTEMemo
 Description: Mercury-containing devices (thermostats and mercury pumps) are not subject to land disposal restrictions (LDR) debris standards. Such devices must undergo mercury recovery (retorting). Free liquids, including mercury, are prohibited from land disposal in macroencapsulated debris. If macroencapsulation cannot be met, then other technologies must be used to treat mercury waste. Landfills that accept mercury-bearing waste are permitted under Subtitle C of RCRA.
 
01/01/2004APPLICATION OF LDR TO DELISTED WASTESMemo
 Description: A delisting only absolves the generator from the obligation of handling the waste as hazardous. If hazardous waste is granted a delisting prior to generation, LDR requirements would not apply. If waste is generated and subsequently delisted, the generator must comply with applicable Part 268 requirements before disposal. A generator may file petition for variance from Part 268 requirements.
 
10/23/2003TREATMENT STANDARDS FOR MERCURY-CONTAINING DEBRISMemo
 Description: D009 mercury wastes have LDR treatment standards for low mercury and high mercury-inorganic subcategories. LDR treatment standards include specified technologies such as RMERC, commonly called retorting. Macroencapsulation and microencapsulation are alternative LDR treatment technologies for D009 debris and do not depend on mercury levels in the debris. If alternative treatment standards are not used, the waste is subject to the non-debris standards in 40 CFR 268.40. The definition of debris is located in 268.2(g). Intact containers of mercury (e.g., thermometers, batteries) are not debris (SEE ALSO: 57 FR 37194, 37225; 8/18/92). Intact containers mixed with debris must be removed and managed separately. Certain mercury-containing items may be universal waste (SEE ALSO: 70 FR 45508; 8/5/05). Mercury-containing CESQG and household hazardous waste is exempt from RCRA regulations. Retorters are capable of accepting mercury-containing debris with certain limitations and exceptions. Source separation involves removing mercury-contaminated material from debris. Macroencapsulation involves mixing waste with reagents and stabilization materials to produce a more stable waste form. Macroencapsulation uses surface coatings or jackets to reduce surface exposure to leaching media.
 
07/02/2003TREATMENT AND DISPOSAL OF MERCURY-BEARING HAZARDOUS WASTE AND DEBRISMemo
 Description: Mercury-bearing hazardous wastes originate from several sources, and waste regulation varies depending on its source. EPA is gathering information on the final disposition of mercury wastes. Only certain mercury-bearing wastes can be treated using the alternative land disposal restrictions (LDR) debris treatment standards. The treatment technologies for metal-bearing debris include source separation, microencapuslation, and macroencapsulation. If the debris treatment technologies cannot be achieved, the wastes are subject to the non-debris treatment standards. Some mercury wastes (e.g., dental amalgam collection devices, batteries) are not debris and cannot be disposed using 268.45. Most household waste collection centers send mercury wastes for recovery.
 
04/28/2003TREATMENT OF MERCURY-BEARING HAZARDOUS WASTES BEFORE DISPOSALMemo
 Description: Mercury-bearing hazardous wastes originate from several sources, including households, industry, and cleanup sites. Different federal and state regulations govern such wastes depending on their source. EPA is reaching out to states and municipalities to improve their understanding of the management and disposal of mercury-bearing wastes from different sources. Some mercury-bearing wastes are treated using the alternative land disposal restrictions (LDR) debris treatment standards in 268.45 as opposed to the treatment standards requiring retorting in 268.40. EPA is investigating whether mercury-containing debris are typically disposed of in landfills, with or without treatment, or reclaimed through retorting. (SEE ALSO: 70 FR 45508; 8/5/05)
 
11/01/2002APPLICABILITY OF LDR TO BEVILL MIXTURESQuestion & Answer
 Description: A mixture of a Bevill-exempt waste and a characteristic waste (or a waste listed solely for exhibiting a characteristic) remains subject to the land disposal restrictions (LDR) even if it is no longer hazardous at the point of land disposal. A Bevill mixture is hazardous if it exhibits a characteristic of the non-excluded waste, but not if it exhibits a characteristic imparted by the Bevill waste. LDR attaches at the point of generation. A Bevill mixture must be treated for characteristics and underlying hazardous constituents (UHCs) attributed to the non-excluded portion, but not UHCs uniquely contributed by the Bevill portion. A facility remains subject to all applicable LDR notification requirements. The act of mixing a hazardous waste with a Bevill-exempt waste to render it nonhazardous is treatment, may require a permit, and may be a form of impermissible dilution.
 
11/01/2002DISPOSAL OF WASTEWATERS AND THE LIQUIDS IN LANDFILLS PROHIBITIONQuestion & Answer
 Description: Wastewaters treated to meet land disposal restrictions (LDR) treatment standards must also satisfy the liquids in landfills prohibition in Sections 264/265.314 prior to landfill placement. The LDR treatment standards and liquids in landfills prohibition are independent and mutually exclusive requirements.
 
10/01/2002APPLICABILITY OF HAZARDOUS WASTE IDENTIFICATION RULE (HWIR) TO AS-GENERATED WASTESQuestion & Answer
 Description: A waste listed solely for the characteristic of ignitability, corrosivity, and/or reactivity (i.e., hazard code I, C, and/or R) that does not exhibit a characteristic at the point of generation is not considered a listed hazardous waste and is not subject to the land disposal restrictions (LDR) requirements. A waste listed solely for the characteristic of ignitability, corrosivity, and/or reactivity that exhibits a characteristic at the point of generation and subsequently loses the characteristic is no longer considered a listed hazardous waste, but is still subject to LDR requirements (SEE ALSO: 66 FR 27266; 5/16/01).
 
08/01/2002SOIL TREATMENT STANDARDS AND CONSTITUENTS SUBJECT TO TREATMENTQuestion & Answer
 Description: "Constituents subject to treatment" are constituents listed in 268.48 that are reasonably expected to be present in contaminated soil, except fluoride, selenium, sulfides, vanadium, and zinc, in concentrations greater than 10 times the universal treatment standard (UTS). Generators can apply their knowledge instead of monitoring for the entire list of underlying hazardous constituents (UHCs) to determine the constituents subject to treatment (SEE ALSO: 63 FR 28556, 28609; 5/26/98). The treatment standards in 268.40 for listed waste do not require identification or treatment of UHCs. The alternative soil treatment standards in 268.49 require identification and treatment of all UHCs that are reasonably expected to be present in both characteristic and listed soil. The alternative soil treatment standards are not automatically available in all states. If a state adopts the alternative soil treatment standards, then facilities can use either the 268.40 or 268.49 land disposal restrictions (LDR) treatment standards.
 
07/01/2002Guidance on Demonstrating Compliance with the Land Disposal Restrictions (LDR) Alternative Soil Treatment Standards: FinalPublication
 Description: The purpose of this guidance is to provide suggestions and perspectives on how members of the regulated community, states, and the public can demonstrate compliance with the alternative treatment standards for certain contaminated soils that will be land disposed and, therefore, will be subject to the RCRA land disposal restrictions (LDR) regulations.
 
12/11/2001CLARIFICATION OF THE NEW MIXTURE AND DERIVED-FROM RULES FOR F003Memo
 Description: Section 261.3(g)(1) generally exempts hazardous waste originally listed as F003 if it no longer exhibits the characteristic of ignitability. Mixtures of solid waste and F003 wastes and wastes derived-from F003 are no longer hazardous and the F003 code is removed if the subsequent wastes no longer exhibit the characteristic of ignitability. F003 land disposal restrictions (LDR) requirements are still applicable to the exempted waste if it exhibited the characteristic of ignitability at the point of generation, regardless of whether it is ignitable at the point of land disposal. If a waste that meets the F003 listing contains 10% or more of the other F-listed solvents (F001, F002, F004 and/or F005) but is not ignitable or if a waste that meets the F003 listing is mixed with another listed waste and is not ignitable, then the F003 waste code would be dropped, all other waste codes would be retained.
 
12/01/2001APPLICABILITY OF FARMER EXEMPTION TO SOILS CONTAMINATED WITH WASTE PESTICIDESQuestion & Answer
 Description: The land disposal restrictions (LDR) requirements apply to soil contaminated with waste pesticides disposed in accordance with the farmer exemption if the soil is later excavated and remediated. The disposal of contaminated soil excavated from farmland is not analogous to the disposal of waste pesticides and is not within the scope of the Section 262.70 exemption.
 
11/01/2001LDR PAPERWORK REQUIREMENTS FOR SUBTITLE D FACILITIESMemo
 Description: Subtitle D facilities that treat decharacterized waste for underlying hazardous constituents (UHCs) are not subject to the land disposal restrictions (LDR) notification and certification requirements. A generator must place a one-time notification in its files and send copies to the region and authorized state (SUPERSEDED: 71 FR 16913, 16889-16892; April 4, 2006). A generator is not required to notify the Subtitle D facility of the constituents subject to treatment. Subtitle D treaters are not required to verify compliance with the treatment standards (SEE ALSO: 58 FR 48135; 9/14/93). EPA reserves the right to revisit this issue (SEE ALSO: 59 FR 48016; 9/19/94).
 
09/01/2001LAND DISPOSAL RESTRICTIONS FOR F001-F005 SOLVENT WASTESQuestion & Answer
 Description: Facilities generating F001-F005 spent solvent wastes containing carbon disulfide, cyclohexane, and methanol, along with other listed solvent constituents, need to treat only the wastewater forms of these three constituents. A facility must treat F003 and/or F005 spent solvents that contain only one or a combination of carbon disulfide, cyclohexane, and methanol to the concentration levels specified for this subcategory. If the F001-F005 waste is also characteristic, then the facility must meet the treatment standards for all UHCs including both the wastewater and nonwastewater standards for carbon disulfide, cyclohexane, and/or methanol.
 
08/09/2001LAND DISPOSAL RESTRICTIONS TREATMENT STANDARD FOR DISCARDED RADIOACTIVE CONTAMINATED LEAD ACID BATTERIESMemo
 Description: The appropriate LDR treatment method for radioactively contaminated lead acid batteries is macroencapsulation. Macroencapsulation applies not only to lead shielding, but to other elemental forms of lead. This technology will require less worker exposure than lead recovery (i.e., smelting) of radioactive batteries. Lead recovery would also radioactively contaminate the entire mass lead that was recovered, making it unusable.
 
08/01/2001LAND DISPOSAL RESTRICTIONS AND USE CONSTITUTING DISPOSALQuestion & Answer
 Description: Compliance with the land disposal restrictions (LDR) treatment standards applies to the product that will be used in a manner constituting disposal, not the waste before it becomes a manufactured product. A recyclable material that is used in a manner constituting disposal is not subject to regulation if the product meets the applicable LDR treatment standards for each hazardous waste it contains before it is applied to the land.
 
08/01/2001Land Disposal Restrictions: Summary of RequirementsPublication
 Description: The purpose of this document is to provide a usable summary of the requirements of the Land Disposal Restrictions (LDR) program. This document is organized in a question-answer format to provide information about LDR regulations that may apply to your facility and is designed to meet the following objectives: Clarify the requirements of the LDR program, and Explain how the regulations work so that your facility’s level of effort is reduced.
 
05/15/2001LAND DISPOSAL RESTRICTION REQUIREMENTS FOR CHARACTERISTIC WASTESMemo
 Description: Characteristic wastewaters that are mixed with a solid waste and decharacterized are still subject to 268.40 standards, including treatment for underlying hazardous constituents (UHCs). Characteristic wastewaters may be mixed with solid wastes or otherwise diluted and then injected into deep underground wells or placed in surface impoundments subject to controls imposed by the Clean Water Act (CWA) without meeting 268.40 standards. An accidental spill of hazardous waste that is promptly cleaned up is not considered land placement. LDR treatment standards apply to contaminated soils that exhibit a characteristic or contain a listed waste. LDRs attach to a hazardous waste contaminated soil when it is excavated and when it is ultimately going to be placed in a land disposal unit. LDRs will apply until standards are met even if the soil is subsequently decharacterized. If a soil contaminated by a characteristic waste does not exhibit a characteristic when it is excavated, then LDRs do not apply. Any deliberate mixing of hazardous waste with soil in order to change its treatment classification is impermissible dilution and illegal.
 
02/15/2001PLASMA ENHANCED MELTER (PEM) AND GASIFICATION AND VITRICATION (GASVIT) SYSTEMS AS LDR COMBUSTION TREATMENT TECHNOLOGYMemo
 Description: The CMBST treatment standard includes treatment in thermal units such as incinerators, boilers, and industrial furnaces. The CMBST definition also includes non-combustion units when operated pursuant with applicable technical operating requirements. The PEM or GASVIT technology does not need to obtain a determination of equivalent treatment (DET) because the system satisfies the CMBST definition due to its organic constituent destruction removal efficiency, the high temperatures reached in its process chamber, and its air pollution control devices (SEE ALSO: 61 FR 15588; 4/8/96).
 
02/01/2001LAND DISPOSAL RESTRICTIONS NOTIFICATION REQUIREMENTS FOR DECHARACTERIZED WASTEQuestion & Answer
 Description: A large quantity generator (LQG) who fully treats a characteristic waste to meet the land disposal restrictions (LDR) must certify that the waste meets treatment standards as specified in 268.7(b)(4)(v). Notification and certification forms should not accompany shipments from generators to Subtitle D facilities (SEE ALSO: 55 FR 22520, 22663; 6/1/90). Once the waste has been decharacterized, the generator must send a one-time written notification and certification to the authorized state or EPA region and place copy in the facility’s files.
 
01/01/2001LDR NOTIFICATION FOR LISTED AND CHARACTERISTIC WASTESQuestion & Answer
 Description: When a listed waste treatment standard operates in lieu of a characteristic treatment standard, the listed waste code would be included on the LDR notification form in lieu of the characteristic waste code. 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.
 
12/27/2000APPLICABILITY OF RCRA SECTION 3020 TO IN-SITU TREATMENT OF GROUND WATERMemo
 Description: NO SIGNED PAPER COPY AVAILABLE - Reinjection of treated groundwater to promote in-situ treatment is allowed under RCRA 3020(b) as long as certain conditions are met: groundwater must be treated prior to reinjection; treatment must be intended to substantially reduce hazardous constituents in groundwater either before or after reinjection; cleanup must be protective of human health and environment; and injection must be part of RCRA corrective action or response action under CERCLA 104 or 106 (SEE ALSO: OSWER Directive 9234.1-06; December 27, 1989).
 
12/15/2000COMBUSTION PROHIBITION AND EXPLOSIVE WASTESMemo
 Description: Toxicity characteristic (TC) metal wastes are prohibited from dilution by combustion unless one or more of the criteria in 268.3(c) are met. D003 explosive wastes that are also TC metal wastes may be combusted under 268.3(c)(5). Explosive wastes contain hazardous concentrations of organics.
 
11/13/2000IMPLEMENTATION OF VACATURE OF TCLP USE FOR EVALUATING MANUFACTURED GAS PLANT (MGP) WASTES IN THE BATTERY RECYCLERS CASEMemo
 Description: D.C. Court of Appeals vacated use of TCLP for evaluating manufactured gas plant (MGP) waste (Association of Battery Recyclers, Inc., et al. v. US EPA). MGP waste cannot be classified as toxicity characteristic (TC) hazardous, since TCLP test is part of TC regulatory definition. MGP wastes unlikely to exhibit other characteristics. MGP wastes may be regulated under broader in scope state programs, state cleanup programs, or state industrial waste programs (SEE ALSO: 65 FR 51087; 8/22/00; RPC# 10/19/00-01).
 
11/01/2000LAND DISPOSAL RESTRICTIONS NOTIFICATION REQUIREMENTS FOR CONTAMINATED SOILQuestion & Answer
 Description: Generator of contaminated soil that does not meet LDR treatment standard at point of generation is subject to 268.7(a)(2) notification requirements. Generator of contaminated soil which meets treatment standard at point of generation is subject to notification requirements of 268.7(a)(3)(ii). Generator must send one-time written notice containing LDR information to TSDF and place copy in files in both situations (SEE ALSO: 63 FR 28556, 28620; 5/26/98).
 
10/19/2000MANUFACTURED GAS PLANT (MGP) REMEDIATION WASTE Memo
 Description: TCLP cannot be used to determine whether manufactured gas plant (MGP) waste is hazardous due to court ruling (Association of Battery Recyclers, Inc., et al. v. US EPA). MGP remediation waste is not listed but may be hazardous if exhibit ignitable, corrosive, or reactive characteristic, though unlikely. MGP remediation waste determined to be nonhazardous would be governed by state industrial or nonhazardous waste regulations (SEE ALSO: 65 FR 51087; 8/22/00; RPC# 11/13/00-01).
 
10/01/2000IDENTIFICATION OF UNDERLYING HAZARDOUS CONSTITUENTSQuestion & Answer
 Description: Characteristic wastes must meet universal treatment standards (UTS) for all underlying hazardous constituents (UHCs) prior to land disposal. Fluoride, vanadium, and zinc are excluded from the definition of UHC because they do not appear in Part 261, Appendix VIII. 3004(m) authorizes EPA to develop treatment standards for constituents other than those for which a waste is listed.
 
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.
 
10/01/2000MERCURY TREATMENT STANDARDS UNDER THE LAND DISPOSAL RESTRICTIONS PROGRAMQuestion & Answer
 Description: Land disposal restrictions (LDR) treatment standards for mercury are divided into high- and low-mercury subcategories based on mercury content of waste. Treatment standard for high-mercury subcategory that applied at point of generation must be met at point of land disposal regardless of the reduction of mercury content in waste during treatment for another hazardous constituent.
 
09/01/2000K069 TREATMENT STANDARD SUBCATEGORIESQuestion & Answer
 Description: There is no specific concentration that distinguishes the low and high lead land disposal restrictions (LDR) treatment subcategories for K069. Calcium sulfate (low lead) and non-calcium sulfate (high lead) subcategories are delineated by the process generating the emission control sludge (SEE ALSO: 53 FR 31138, 31165; 8/17/88).
 
09/01/2000LAND DISPOSAL RESTRICTIONS FOR IMPORTED HAZARDOUS WASTESQuestion & Answer
 Description: Characteristic waste decharacterized prior to entering the United States not subject to land disposal restrictions (LDR) treatment standards or paperwork requirements. U.S. importer is responsible for hazardous waste identification. Importer must comply with all applicable RCRA standards and special importer requirements for waste that is hazardous at point it enters the United States.
 
07/01/2000Environmental Fact Sheet: Proposed Rule Aims to Revise Certain Treatment Standards for Spent Potliners from Primary Aluminum Reduction (K088) and Identify a New Regulatory Scheme for Vitrification Units Treating K088 WastePublication
 Description: This factsheet outlines the new proposed regulations regarding Land Disposal Restrictions treatment standards for K088 waste and a new classification scheme for vitirification units treating K088 wastes.
 
06/01/2000Environmental Fact Sheet: Request for Comments: EPA Announces In-Depth Review of the Land Disposal Restrictions (LDR) ProgramPublication
 Description: Announces an in-depth review of key issues for the LDR Program to further ensure that human health and the environment are protected from the threats posed by the land disposal of hazardous wastes. Describes a series of technical and policy issues regarding hazardous waste treatment and potential avenues by which the LDR program might be revised.
 
06/01/2000FREQUENTLY ASKED QUESTIONS ON THE 40 CFR PARTS 264/265, SUBPART CC, AIR EMISSION STANDARDSQuestion & Answer
 Description: Subpart CC does not apply to recycling units (SEE ALSO: 61 FR 59931, 59935; 11/25/96). Recycling units at permitted and interim status facilities are subject to Subparts AA and BB (SEE ALSO: 62 FR 64635, 64638; 12/8/97). Listed hazardous wastes that meet land disposal restrictions (LDR) treatment standards for the organics in the waste are not subject to Subpart CC regulations. Listed hazardous wastes with treatment standards that only address inorganic constituents may not benefit from this exclusion (SEE ALSO: 62 FR 64635, 64643-4; 12/8/97). Subpart CC allows up to 240 hours per year for planned routine maintenance of a control device. Hazardous waste may remain in a unit while the control device is undergoing maintenance. Level 1 tanks that use control devices must meet performance standards in 264.1087 and 265.1088. Tanks that routinely vent to any device or unit do not meet the definition of pressure tank.
 
05/26/2000REGULATORY STATUS OF SULFURIC ACID USED AS A FERTILIZER AND PESTICIDEMemo
 Description: Sulfuric acid residue resulting from emissions control operation is a sludge. Recyclable materials used in a manner that constitutes disposal are solid wastes and must meet applicable land disposal restrictions treatment standards.
 
05/01/2000THE LAND DISPOSAL RESTRICTIONS AND CHANGES IN TREATABILITY GROUP FOR LISTED WASTESQuestion & Answer
 Description: When listed wastewater is treated for purposes of land disposal restrictions (LDR), resulting nonwastewater treatment residues are listed via derived from rule and must meet nonwastewater treatment standards before land disposal.
 
04/01/2000APPLICABILITY OF THE SUBPART CC LDR EXEMPTION TO SOILSQuestion & Answer
 Description: Tanks, containers, and surface impoundments storing soils that contain hazardous waste are eligible for land disposal restrictions (LDR) exemption from Subpart CC only when VOCs meet 268.40 numerical concentrations or when soil has been treated by treatment technology in 268.42(a) for organic hazardous constituents. Wastes treated to meet alternative soil treatment standards remain subject to Subpart CC.
 
04/01/2000IMMOBILIZED DEBRIS AND SUBTITLE D LANDFILLSQuestion & Answer
 Description: Immobilized hazardous debris which still exhibits characteristic must be disposed of in Subtitle C landfill. Non-characteristic debris treated by immobilization technology may be disposed of in Subtitle D landfill. Listed debris treated by immobilization must be managed in Subtitle C landfill unless owner and operator receives site-specific determination from EPA (SEE ALSO: RPC# 6/23/94-01).
 
02/01/2000Environmental Fact Sheet: Deferral of Phase IV Standards for PCBs as an Underlying Hazardous Constituent in SoilPublication
 Description: Describes EPA's proposal to temporarily defer the portion of the rule applying LDR under RCRA to soils contaminated with polychlorinated biphenyls (PCBs), as underlying hazardous constituents, that exhibit the toxicity characteristic for metals. Explains that this action is needed because the existing regulation is discouraging remediation of contaminated soils, contrary to EPA's intent of promulgating alternative treatment standards for contaminated soils.
 
01/01/2000RETROACTIVITY OF LAND DISPOSAL RESTRICTIONS (LDR) RECORDKEEPING REQUIREMENTSQuestion & Answer
 Description: Phase IV rule changed land disposal restriction (LDR) record retention time from five years to three years (SEE ALSO: 62 FR 26021; 5/12/97). The new three year recordkeeping requirement applies retroactively.
 
12/01/1999Land Disposal Restrictions for Hazardous Wastes: A Snapshot of the ProgramPublication
 Description: Briefly describes the LDR program, which sets treatment standards for all hazardous waste destined for land disposal. Addresses hazardous waste disposal, dilution, and storage. Explains the RCRA definition of solid waste.
 
11/01/1999THE FEDERAL FACILITY COMPLIANCE ACT AND DOE MIXED WASTE STORAGEQuestion & Answer
 Description: Expiration of three-year delay in effective date of waiver of sovereign immunity for RCRA 3004(j) violations may not affect DOE facilities currently storing mixed waste. Under RCRA 3021(b), DOE was required to submit either to EPA or to state regulatory officials a site treatment plan for developing mixed waste treatment capacity and technologies. As of January 1997, all of the treatment plans for the 35 DOE sites storing mixed waste had been approved by the appropriate regulators.
 
10/28/1999DETERMINATION OF EQUIVALENT TREATMENT TO PIONEER CHLOR-ALKALI, INC.Memo
 Description: EPA granted a site-specific determination of equivalent treatment (DET) to Pioneer Chlor-Alkali, Inc. Pioneer’s Remerc process is determined to be an equivalent technology to roasting or retorting (RMERC). The DET is subject to several conditions (SEE ALSO: 64 FR 51540; 9/23/99).
 
10/27/1999AUTOMOTIVE SHREDDER RESIDUE AS HAZARDOUS DEBRISMemo
 Description: Automotive shredder residue (ASR) composed of shredded non-metal parts of demolished cars may meet definition of hazardous debris. Mixture of debris and non-debris can be considered debris if debris is greater than 50% of mixture and non-debris hazardous waste is not intentionally mixed in to avoid waste treatment standards, act of recombining ASR waste streams from same process is not impermissible dilution (SEE ALSO: 64 FR 25408, 25411; 5/11/99).
 
10/01/1999LAND DISPOSAL RESTRICTIONS (LDR) TREATMENT STANDARDS AND DISPOSAL OPTIONS FOR CONTAMINATED SOILQuestion & Answer
 Description: Alternative land disposal restrictions (LDR) soil treatment standards require that all constituents subject to treatment be treated to 90 percent reduction capped at 10 times universal treatment standard (UTS) level. Hazardous contaminated soil that exhibits toxicity characteristic when generated may be disposed in Subtitle D landfill or placed back on the land once soil meets LDR treatment requirements and is decharacterized. Hazardous contaminated soil that exhibits toxicity characteristic when generated that meets LDR treatment requirements but is not decharacterized must be disposed in a Subtitle C landfill.
 
09/01/1999INTACT VS. NON-INTACT TANKSQuestion & Answer
 Description: Intact tanks are not debris for purposes of alternative LDR debris treatment standards. Non-intact tanks may meet definition of debris based on criteria used for distinguishing intact from non-intact containers (SEE ALSO: 57 FR 37194, 37225; 8/18/92).
 
05/20/1999CLASSIFICATION AND DISPOSAL OF UNUSED FLAMELESS RATION HEATERSMemo
 Description: Unused Flameless Ration Heaters (FRH) for the Army’s Meals Ready to Eat (MRE) may be a reactive (D003) hazardous waste when disposed. The Department of the Army (DOA) has developed several management options for FRHs including reuse, incineration, and/or treatment and disposal. Products that have not been used, and which are to be used for their original purpose, are generally not wastes under RCRA. Unused commercial chemical products (CCPs) being reclaimed are not regulated as wastes. FRHs may be reacted with water and then disposed of as ordinary wastes if treatment is conducted in accordance with applicable requirements and if land disposal restrictions (LDR) requirements are met before land disposal. Some states may have more stringent requirements. The disposal of spent FRH materials, following normal use to heat a MRE, is not disposal of a hazardous waste.
 
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.
 
03/19/1999APPLICATION OF AREA OF CONTAMINATION POLICY TO REMEDIATION OF WOOD TREATING SITESMemo
 Description: Area of contamination (AOC) policy provides that certain discrete areas of generally dispersed contamination can be considered as RCRA units (usually a landfill) and that consolidation and in-situ treatment conducted within AOC do not trigger land disposal restrictions (SEE ALSO: 63 FR 28620; 5/26/98). EPA believes that wood treating sites can be excellent candidates for use of AOCs.
 
03/17/1999CLEANUP OF MANUFACTURED GAS PLANT (MGP) SITESMemo
 Description: Decharacterized manufactured gas plant (MGP) wastes can be sent to utility boilers without triggering substantial regulatory requirements. Residues from co-processing of MGP wastes in utility boilers are not subject to the land disposal restrictions (LDR) because these residues are Bevill wastes excluded from hazardous waste requirements (SEE ALSO: 63 FR 28556; 5/26/98; RPC# 4/26/93-03; RPC# 8/21/98-01).
 
01/28/1999PROHIBITION ON COMBUSTION OF MERCURY-BEARING WASTEMemo
 Description: D009 wastewater or a Low Mercury Subcategory nonwastewater that does not meet the criteria of 268.3(c) is prohibited from combustion. A facility may petition for a variance from the prohibition on combustion if no other technology exists that can treat the waste. The High Mercury-Organic Subcategory waste has a treatment standard of IMERC or RMERC. Because IMERC is the specified and required treatment technology, facilities may combust High Mercury-Organic Subcategory waste.
 
01/26/1999DECHARACTERIZATION OF D018 COAL TAR WASTES AT MANUFACTURED GAS PLANT SITESMemo
 Description: Mixing D018 coal tar wastes at manufactured gas plant (MGP) sites with carbon or coal fines to make the waste more amenable to combustion is permissible. Dilution of soil as a substitute for adequate treatment is impermissible. Deliberately mixing D018 MGP waste with soil to change its treatment classification from waste to contaminated soil is prohibited. Consolidation within an area of contamination (AOC) prior to being removed from the land (i.e., generated) is permissible. Dilution is permissible if mixing or other pre-treatment is necessary to facilitate proper treatment (SEE ALSO: 63 FR 28556; 5/26/98).
 
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.
 
12/07/1998ADDITIONAL SOURCE MATERIAL PERTAINING TO UPDATE FOR THE NATIONAL CAPACITY ASSESSMENT PURSUANT TO CERCLA 104(C)(9)Memo
 Description: For the purposes of ensuring the requirements of CERCLA 104(c)(9) are met, the Office of Solid Waste has determined that there will be adequate national capacity through 2019. All states will continue to be eligible to receive Superfund Trust Funds.
 
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.
 
10/26/1998QUESTIONS REGARDING THE LAND DISPOSAL RESTRICTIONS (LDR) NOTIFICATION REGULATIONS AT 40 CFR 268.7Memo
 Description: “Constituents of concern,” for purposes of LDR paperwork, refers to all constituents for which the waste is regulated, including the hazardous constituents associated with listed wastes and the underlying hazardous constituents for wastes which exhibit a characteristic. If carbon disulfide, cyclohexanone, and/or methanol (and no other constituents) are present in the waste, then they are constituents of concern. If carbon disulfide, cyclohexanone, and/or methanol are present with other constituents, they are not constituents of concern and should not be included on the notification. A new notification should be submitted with the next shipment of a waste following the effective date of a change in the treatment standard. The manifest number should be the number associated with the first shipment of “changed” waste or the first shipment sent to a different treatment facility, not the number associated with the original shipment.
 
10/19/1998PHASE IV LAND DISPOSAL RESTRICTIONS RULE -- CLARIFICATION OF EFFECTIVE DATESMemo
 Description: EPA clarifies the effective dates for major provisions of the land disposal restrictions (LDR) Phase IV rule (63 FR 28556; 5/26/98). The rule presents an unusually complex set of effective date considerations since portions of the rule are promulgated under HSWA and others are not, and some provisions are more stringent than current federal regulations and others are not. There is a general discussion of the issues surrounding the determination of the effective dates.
 
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.
 
10/01/1998PROHIBITION ON THE USE OF HAZARDOUS WASTE AS DUST SUPPRESSANTQuestion & Answer
 Description: Characteristic waste that has been decharacterized and meets land disposal restriction (LDR) treatment standards (including universal treatment standards for underlying hazardous constituents) may be used as a dust suppressant. Use of the decharacterized waste as a dust suppressant is allowable assuming the resulting product is being legitimately recycled. Use of used oil or listed hazardous waste as a dust suppressant is prohibited.
 
08/21/1998EFFECTS OF LAND DISPOSAL RESTRICTIONS PHASE IV TREATMENT STANDARDS ON MANUFACTURED GAS PLANT SITE CLEANUPSMemo
 Description: Soil contains hazardous waste when it exhibits a characteristic or when it is contaminated with hazardous constituents from listed hazardous waste. Soil from manufactured gas plants (MGP) that exhibit a characteristic when first generated (i.e., when first removed from the land) remains subject to the land disposal restrictions (LDR) even if it is subsequently decharacterized. Consolidation within an area of contamination (AOC) prior to being removed from the land (i.e., generated) is permissible. A hazardous waste determination can be made after such consolidation. This guidance details the Agency's rules and policies concerning land disposal of decharacterized wastes, including decharacterized soil. When decharacterized soil remains subject to LDR, the soil must be treated in an appropriate unit to meet the treatment standard. Certain tracking, paperwork, and other requirements must also be met.
 
07/27/1998REQUEST FOR DETERMINATION OF EQUIVALENT TREATMENT FOR MERCURY CONTAMINATED WASTE AT DOE FACILITYMemo
 Description: A request for a determination of equivalent treatment for mercury contaminated waste from a DOE facility. EPA agreed that RMERC was not appropriate for the mercury contaminated soil since the recovered mercury would be contaminated with radioactive material which would prohibit its reuse as elemental mercury. Instead, the facility must comply with replacement concentration-based treatment standards.
 
07/01/1998Environmental Fact Sheet: Final Standards Promulgated for Petroleum Refining WastePublication
 Description: Announces EPA's final rule to add four new hazardous waste codes for petroleum refining wastes to its current list of hazardous waste codes. Finalizes treatment standards under LDR for these wastes. Also promulgates several exclusions related to the petroleum refining industry.
 
04/30/1998Response to Comments Document: Land Disposal Restrictions - Phase IV: Final Rule Promulgating Treatment Standards for Metal Wastes and Mineral Processing Wastes; Mineral Processing Secondary Materials and Bevill Exclusion Issues, Treatment Standards for Hazardous Soils, and Exclusion of Recycled Wood Preserving Wastes; Volume 10: Comments Related to Regulatory Impact Analysis for TC-Metal Hazardous Waste Issues Raised in Original Proposed Rule, August 22, 1995, and in Second Supplemental Proposed Rule, May 12, 1997Publication
 Description: This document reviews public comments relevant to the toxicity characteristic metals requirements and provides EPA's rationale for reaching its conclusions.
 
04/30/1998Response to Comments Document: Land Disposal Restrictions - Phase IV: Final Rule Promulgating Treatment Standards for Metal Wastes and Mineral Processing Wastes; Mineral Processing Secondary Materials and Bevill Exclusion Issues, Treatment Standards for Hazardous Soils, and Exclusion of Recycled Wood Preserving Wastes; Volume 11: Comments Related to Newly Identified Mineral Processing Waste Treatment Standards, Grab Versus Composite Sampling, Radioactive Mixed TC-Metal Wastes, and Sulfide Waste IssuesPublication
 Description: This document responds to public comments relevant to appropriate sampling methods, treatment standards for newly identified mineral processing wastes, radioactive mixed waste with toxicity characteristic metal wastes, and sulfide waste issues.
 
04/30/1998Response to Comments Document: Land Disposal Restrictions - Phase IV: Final Rule Promulgating Treatment Standards for Metal Wastes and Mineral Processing Wastes; Mineral Processing Secondary Materials and Bevill Exclusion Issues; Treatment Standards for Hazardous Soils, and Exclusion of Recycled Wood Preserving Wastes; Volume 1: Comments Related to Phase III Proposed Rule, March 2, 1995Publication
 Description: This document responds to public comments relevant to foundry sand issues in LDR Phase III proposed rule (60 FR 11702; March 2, 1995), and provides EPA's responses to the comments.
 
04/30/1998Response to Comments Document: Land Disposal Restrictions - Phase IV: Final Rule Promulgating Treatment Standards for Metal Wastes and Mineral Processing Wastes; Mineral Processing Secondary Materials and Bevill Exclusion Issues; Treatment Standards for Hazardous Soils, and Exclusion of Recycled Wood Preserving Wastes; Volume 2: Comments Related to Phase IV Proposed Rule Rule, August 22, 1995Publication
 Description: This document presents public comments on original Phase IV proposed rule (60 FR 43654; August 22, 1995), including comments on UHCs, the TC, HWIR, state authorization, wood preserving, wastewater exclusion, and treatment standards for metal bearing wastes, and provides EPA's responses to the comments.
 
04/30/1998Response to Comments Document: Land Disposal Restrictions - Phase IV: Final Rule Promulgating Treatment Standards for Metal Wastes and Mineral Processing Wastes; Mineral Processing Secondary Materials and Bevill Exclusion Issues; Treatment Standards for Hazardous Soils, and Exclusion of Recycled Wood Preserving Wastes; Volume 3: Comments Related to First Supplemental Proposed Rule, January 25, 1996Publication
 Description: This document presents public comments on the first supplemental proposed rule (61 FR 2337; January 25, 1996), including comments on HWIR, state authorization, manufactured gas plant issues, and treatment standards for metal bearing wastes, and provides EPA's responses to the comments.
 
04/30/1998Response to Comments Document: Land Disposal Restrictions - Phase IV: Final Rule Promulgating Treatment Standards for Metal Wastes and Mineral Processing Wastes; Mineral Processing Secondary Materials and Bevill Exclusion Issues; Treatment Standards for Hazardous Soils, and Exclusion of Recycled Wood Preserving Wastes; Volume 4: Comments Related to First Notice of Data Availability, May 10, 1996Publication
 Description: This document presents public comments on the First Notice of Data Availability (61 FR 21418; May 10, 1996), including comments on lead and silver treatment standards and wood preserving wastewater exclusion, and provides EPA's responses to the comments.
 
04/30/1998Response to Comments Document: Land Disposal Restrictions - Phase IV: Final Rule Promulgating Treatment Standards for Metal Wastes and Mineral Processing Wastes; Mineral Processing Secondary Materials and Bevill Exclusion Issues; Treatment Standards for Hazardous Soils, and Exclusion of Recycled Wood Preserving Wastes; Volume 5: Comments Related to Second Notice of Data Availability, March 5, 1997Publication
 Description: This document presents public comments on the Second Notice of Data Availability (62 FR 10004; March 5, 1997) concerning the addition of iron filings to foundry sand, and provides EPA's responses to the comments.
 
04/30/1998Response to Comments Document: Land Disposal Restrictions - Phase IV: Final Rule Promulgating Treatment Standards for Metal Wastes and Mineral Processing Wastes; Mineral Processing Secondary Materials and Bevill Exclusion Issues; Treatment Standards for Hazardous Soils, and Exclusion of Recycled Wood Preserving Wastes; Volume 6: Comments Related to Second Supplemental Proposed Rule, May 12, 1997Publication
 Description: This document presents public comments on the Second Supplemental Proposed Rule (62 FR 26041; May 12, 1997), including comments on UHCs, HWIR, state authorization, MGP issues, wood preserving wastewater exclusion, underground injection, and treatment standards for metal-bearing wastes and contaminated soil, and provides EPA's responses to the comments.
 
04/24/1998ADDITIONAL SOURCE MATERIAL PERTAINING TO UPDATE FOR THE NATIONAL CAPACITY ASSESSMENT PURSUANT TO CERCLA 104(C)(9)Memo
 Description: To ensure the requirements of CERCLA 104(c)(9) are met, the Office of Solid Waste has determined that there will be adequate national capacity through 2018. All states will continue to be eligible to receive Superfund Trust Funds.
 
03/06/1998CLARIFICATION OF THE ALTERNATIVE DEBRIS TREATMENT STANDARDSMemo
 Description: Debris contaminated with a waste code that requires a treatment technology can be treated using either the alternative treatment standards in 268.45 or using the treatment technology specified in 268.40. If the alternative treatment standards are used, the residuals from such treatment must be treated themselves to meet the waste-specific treatment standards specified in 268.40. Alternative treatment standards may be used for debris contaminated with D012-D043 instead of the 268.40 standards, which, for D012-D043, includes meeting the universal treatment standards (UTS) in 268.48 for underlying hazardous constituents (UHCs). The residuals from such treatment must met 268.40 treatment standards (SEE ALSO: RPC# 12/11/97-01).
 
02/01/1998STORAGE OF MIXED WASTE IN VIOLATION OF RCRA SECTION 3004(J) STORAGE PROHIBITIONQuestion & Answer
 Description: EPA enforcement policy states that commercial facilities storing mixed waste in violation of the RCRA 3004(j) storage prohibition due to a lack of available treatment or disposal capacity are considered to be of low enforcement priority if the waste is managed in a responsible manner. Discusses the applicability to federal facilities. The second and latest extension of the policy is due to expire April 20, 1998 (policy extended until October 31, 1998; see 63 FR 17414; 4/9/98) (SEE ALSO: 64 FR 63464; 11/19/99).
 
12/11/1997Clarification of the Alternative Treatment Standards for Hazardous DebrisMemo
 Description: Debris contaminated with a waste code that requires a specific method of treatment may be treated using either the alternative debris treatment standards or the waste-specific treatment standard. Residues generated from treatment using the alternative debris treatment standards are subject only to the waste-specific treatment standards. Debris contaminated with toxicity characteristic (TC) waste that is treated using the alternative standards need only be treated for those constituents for which the debris exhibits a characteristic. Underlying hazardous constituents (UHCs) are not considered contaminants subject to treatment. Residues from the treatment of such debris that still exhibit the TC are subject to the treatment standards for that characteristic, but are also not otherwise subject to the universal treatment standards (SEE ALSO: RPC# 3/6/98-01).
 
12/01/1997Environmental Fact Sheet: Waste-Derived FertilizersPublication
 Description: Responds to concerns raised in the American Pacific Northwest regarding waste-derived fertilizers. It reviews current uses of hazardous waste in fertilizers; summarizes current federal and state regulations on hazardous waste used in fertilizers; and discusses current actions being taken by the Environmental Protection Agency.
 
10/03/1997QUESTIONS REGARDING HAZARDOUS WASTE DEBRISMemo
 Description: Broken or ruptured containers contaminated with prohibited wastes are subject to the land disposal restrictions (LDR) for debris. Debris standards apply when debris and contaminating waste are inseparable. The intentional mixing of debris with contaminated soil or debris is prohibited. Debris may be shredded prior to macroencapsulation. Shredding is treatment. A shredder may be a miscellaneous unit. A generator must identify on the LDR notification form, for hazardous debris, the contaminants subject to treatment. The treatment facility should resolve waste characterization discrepancies with the generator.
 
09/08/1997CLARIFICATION OF VARIOUS LDR PAPERWORK REQUIREMENTSMemo
 Description: This letter summarizes the intended changes to the LDR paperwork requirements promulgated on May 12, 1997 (62 FR 25998) (SEE ALSO: 63 FR 28556; 5/26/98). This letter will serve to explain EPA policy on these requirements until the changes are placed in the regulations.
 
08/12/1997SOLIDIFICATION OF K044 WITH POZZOLANIC MATERIALMemo
 Description: Solidification of K044 with pozzolanic material satisfies the land disposal restrictions (LDR) treatment standard. Solidified material can no longer exhibit the potential to form reactive residues and must not exhibit any hazardous waste characteristic.
 
07/24/1997REGULATORY DETERMINATION ON THE STATUS OF CERTAIN MANUFACTURING WASTESMemo
 Description: Warfarin tablets meeting a commercial chemical product (CCP) listing are still considered listed CCPs when tested by crushing or dissolving. The de minimis mixture rule exclusion in Section 261.3(a)(2)(iv)(D) applies to discharges of CCPs from rinsing and cleaning personal protective equipment (PPE). Discarded equipment meeting the definition of debris which is contaminated with a listed waste must be managed as a hazardous waste (HW) until it no longer contains the HW. Contaminated equipment can be washed using the alternative debris treatment standards to the point where it is no longer considered to contain a HW. Whether air filters from a manufacturing process meet a listing depends on site-specific factors. Air filters used in the production of a P or U listed commercial chemical product (CCP) do not fall within the scope of the Section 261.33 listings prior to the material (warfarin) becoming a CCP. Once the material meets the listing description (becomes a CCP), particles captured in the filters are a listed CCP when disposed (USE WITH CAUTION: see 56 FR 7200; 2/21/91). Air filters are regulated as a solid waste mixed with a listed hazardous waste. Air filters may qualify as hazardous debris and may be washed so as to no longer contain a listed hazardous waste.
 
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).
 
05/01/1997LDR NOTIFICATION REQUIREMENTS FOR WASTEWATERS AND SLUDGESMemo
 Description: Hazardous waste that becomes nonhazardous because of an exclusion from the definition of solid waste is subject to a one-time notification requirement. Land disposal restrictions (LDR) requirements apply only to wastes that are hazardous at the point of generation. Nonhazardous sludges removed from a wastewater treatment unit require no LDR notification. The requirement to identify and treat for underlying hazardous constituents (UHCs) is not applicable to wastewaters managed in centralized wastewater treatment systems subject to the CWA or to sludges that are not hazardous at the point of generation.
 
04/07/1997ISSUANCE OF FINAL HWIR-MEDIA RULEMemo
 Description: EPA has reached agreement with Edison Electric Institute to amend their consent decree regarding Hazardous Waste Identification Rules (HWIR). The deadline for promulgation of HWIR-waste is now April 30, 2001 (SEE ALSO: 64 FR 63382; 11/19/99). The agreement also commits EPA to issue a final rule for HWIR-Media by June 30, 1998 (HWIR-Media finalized 63 FR 65873; 11/30/98). EPA’s policy of treating violations of land disposal storage restrictions (Section 3004(j)) with reduced, federal, enforcement priority for small volumes of mixed waste, is effective through April 1998. Prior to expiration of this policy EPA will determine whether an extension is warranted. The policy does not apply to any mixed waste for which treatment is currently available, or becomes available during the term of the policy (SEE ALSO: 64 FR 63464; 11/19/99).
 
04/07/1997REPROPOSAL OF HWIR WASTE RULE AND COMMERCIAL MIXED WASTESMemo
 Description: EPA will sign notice of proposed rulemaking by October 31, 1999, for the Hazardous Waste Identification Rule for Waste (HWIR-waste) (SEE ALSO: 64 FR 63382; 11/19/99). HWIR-waste will seek comment on, among other things, an exemption from hazardous waste disposal regulation, and other regulatory relief as appropriate, for commercial mixed waste (SEE ALSO: 64 FR 63464; 11/19/99). EPA plans to finalize a decision by April 30, 2001. EPA will recommend suspension of Part B permit collection for plants subject to the Atomic Energy Act (AEA) which need the permit solely for on-site storage of mixed waste. Such plants will remain subject to interim status standards. EPA may need to extend the storage prohibition enforcement policy for mixed waste.
 
04/03/1997ATON BATTERIES AS DEBRISMemo
 Description: Intact containers are not debris. Mercury batteries that serve as aid to navigation (ATON) meet the definition of debris if they are deteriorated and ruptured, because they do not meet the definition of intact container. Batteries meeting the definition of debris can be treated in accordance with the alternative debris treatment standards. Non-debris mercury waste requires treatment by roasting or retorting (RMERC) or compliance with a TCLP standard.
 
04/01/1997Environmental Fact Sheet: Treatment Standards Finalized For Wood Preserving Wastes; Less Paperwork Required Under Land Disposal Restrictions (LDR) ProgramPublication
 Description: Describes the promulgation of the rule setting LDR treatment standards for listed hazardous waste from wood preserving operations at the universal treatment standard levels. Removes LDR treatment standards for the group of hazardous wastes known as the California List, thus simplifying the LDR program. Amends the definition of solid waste to exclude processed scrap metal and containerized shredded circuit boards from full hazardous waste management when they are properly recycled. Eliminated approximately 1.6 million hours of LDR recordkeeping.
 
04/01/1997TREATMENT STANDARDS FOR D008 RADIOACTIVE LEAD TANKS AND CONTAINERSQuestion & Answer
 Description: D008 radioactive lead solids that are tanks or containers must be treated using macroencapsulation. The placement of waste in a container or tank is not considered macroencapsulation. The owner/operator may use an alternative treatment method if demonstrated to be an equivalent technology.
 
03/28/1997DETERMINATION OF EQUIVALENT TREATMENT FOR CONTAMINATED MEDIA AND DEBRISMemo
 Description: Request for a determination of equivalent treatment fby EPA for contaminated soil, absorbent material, paper trash, bottles, log, and branches resulting from an inadvertent process disruption and sump overflow. EPA agrees that combustion is not appropriate treatment for this waste. Compliance with the replacement concentration-based treatment standards should minimize threats to human health and the environment.
 
03/25/1997APPLICABILITY OF LAND DISPOSAL RESTRICTIONS TO TANK-BASED WASTEWATER TREATMENT SYSTEMSMemo
 Description: Land disposal restrictions do not apply to waste managed in systems that are entirely tank-based. The change in treatability group principle applies when liquid wastes that are technically nonwastewaters are placed in wastewater treatment systems in small quantities for legitimate wastewater treatment. Sludge generated from wastewater treatment belongs to a different treatability group, and is therefore a newly generated waste that should be evaluated at the point of generation. The generator must place a one-time notice in the facility’s file stating the facts of generation and disposition of waste that is discharged under NPDES or POTW regulations.
 
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.
 
02/13/1997UNIVERSAL WASTE QUESTIONS AND ANSWERS DOCUMENTMemo
 Description: Presents a Universal Waste Questions and Answers Document. Addresses state authorization. Discusses the addition of wastes to the federal and state universal waste (UW) programs, fluorescent lamps (SEE ALSO: 64 FR 36466; 7/6/99), land disposal restrictions (LDR) recordkeeping requirements, the Mercury-Containing and Rechargeable Battery Management Act, batteries, pesticide collection programs, liability and enforcement, storage limits, mixtures of UW and hazardous waste, and manifesting.
 
02/11/1997ACHIEVING DEACTIVATION TREATMENT STANDARD THROUGH SOLIDIFICATIONMemo
 Description: DEACT (deactivation) is the required treatment for K044 waste. To achieve deactivation, EPA recommends incineration, chemical/electrolytic oxidation, chemical reduction, biodegradation, or carbon adsorption. The list of recommended technologies is advisory only. Any technology that removes the characteristic can be used for deactivation (SEE ALSO: 55 FR 22552; 6/1/90). Solidification of K044 wastewaters with pozzolonic material satisfies current regulations as long as the solidified material no longer exhibits the potential to form reactive residues and provided the waste exhibits no other characteristic.
 
02/01/1997FREQUENTLY ASKED QUESTIONS ON MIXED WASTEQuestion & Answer
 Description: Mixed waste (MW) is waste with a hazardous waste component and a radioactive component. MW is jointly regulated by both RCRA and the Atomic Energy Act (AEA).MW is regulated by EPA, DOE, and the Nuclear Regulatory Commission (NRC). MW is typically generated by nuclear power plants, industrial sites, research labs, and medical institutions. MW is subject to the land disposal restrictions (LDR). If no special MW treatment standard is listed, MW is subject to the normal treatment standard for the waste code. AEA regulations take precedence over RCRA regulations when they conflict.
 
01/23/1997PROPOSED EXCLUSION FOR RECYCLED WOOD PRESERVING WASTEWATERSMemo
 Description: EPA intends to propose an exclusion from the definition of solid waste for recycled wood preserving wastewaters and spent wood preserving solutions. The exclusion will be proposed as part of the land disposal restrictions (LDR) Phase IV second supplemental proposal. Language of the exclusion will refer to wood preserving sites as “plants” rather than “facilities” to avoid confusion with RCRA permitted facilities (SEE ALSO: 63 FR 28556; 5/26/98).
 
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).
 
01/01/1997LAND DISPOSAL RESTRICTION NOTIFICATION REQUIREMENTS FOR DECHARACTERIZED MIXED WASTE SENT TO AN ATOMIC ENERGY ACT LANDFILLQuestion & Answer
 Description: A generator treating prohibited characteristic mixed waste and rendering it nonhazardous must send a one-time notification and certification to EPA Region or authorized state if waste is sent to Atomic Energy Act (AEA) landfill; because 4004 prohibits open dumping of solid waste, the decharacterized waste can be sent to AEA landfill only if it meets Subtitle D criteria of Part 257 or 258
 
01/01/1997LAND DISPOSAL RESTRICTIONS STORAGE PROHIBITION AND DECHARACTERIZED WASTESQuestion & Answer
 Description: A decharacterized waste requiring further treatment to meet the universal treatment standards (UTS) remains subject to the LDR storage prohibition. The storage prohibition applies until the waste is treated to fully meet assigned treatment standard.
 
12/09/1996DETERMINATION OF EQUIVALENT TREATMENT FOR HIGH TOC D001 WASTEWATERSMemo
 Description: A request for a site-specific determination of equivalent treatment for high TOC D001 wastewaters generated at IBM's Essex Junction facility; They propose that treatment in an on-site biological treatment system will provide equivalent treatment. Compliance with these standards does not replace any other applicable requirements.
 
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.
 
11/01/1996DETERMINATION OF EQUIVALENT TREATMENT UNDER 268.42(B)Memo
 Description: EPA is approving the determination of equivalent treatment (DET) per 268.42(b) for wastewater sludges from bulk liquid storage tank washings, line cleanings, and shipboard ballast water and other wastes because combustion is not appropriate.
 
11/01/1996PURPOSE OF BEST DEMONSTRATED AVAILABLE TECHNOLOGY (BDAT)Memo
 Description: Discusses the definition of Best Demonstrated Available Technology (BDAT). There is no EPA program for certifying technologies as BDAT. In most cases, EPA has set concentration levels for treating wastes, and any treatment process can be used as long as the resulting residues meet specified levels.
 
09/23/1996APPLICABILITY OF RCRA REGULATIONS TO CHEMICAL FLOCCULATION UNITS WHEN USED TO TREAT WASH WATER FROM AIRCRAFT ENGINESMemo
 Description: A chemical flocculation unit treating cadmium contaminated wash water requires a hazardous waste treatment permit, unless the unit meets an exemption. If the unit is a tank meeting the definition of a wastewater treatment unit (WWTU), or a tank or container regulated as a generator accumulation unit, the unit is exempt from permitting. Treatment sludge generated in the unit must be managed as a hazardous waste if it exhibits a characteristic. Land disposal restrictions (LDR) apply to the treatment sludge and the original wash water.
 
09/01/1996PCB WASTES AS HAZARDOUS WASTESQuestion & Answer
 Description: PCBs are not listed RCRA hazardous wastes. It is possible that PCBs will be present as incidental contaminants in a listed hazardous waste (e.g., solvent used to remove PCBs from transformers). Typically PCBs do not exhibit a characteristic. Wastes that are hazardous for TC waste codes D018-43 and contain PCBs are exempt under RCRA if regulated under TSCA. Waste containing PCBs and not qualifying for the Section 261.8 exemption is fully subject to RCRA. Land disposal restrictions has special standards for PCB wastes (California List) per Section 3004(d)(2)(D) and 3004(d)(2)(E) (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
07/11/1996EMERGENCY REVISION OF THE LAND DISPOSAL RESTRICTIONS (LDR) PHASE III TREATMENT STANDARDS FOR LISTED HAZARDOUS WASTES FROM CARBAMATE PRODUCTIONMemo
 Description: Some of the 42 newly-added carbamate hazardous constituents with newly established universal treatment standards (UTS) have no analytic standards and commercial laboratories are not prepared to perform the necessary analyses to certify compliance. The Agency intends to revise the treatment standards for a short time (one year), and remove the constituents from the nonwastewater column of the UTS table so they will not have to be treated as underlying hazardous constituents (UHCs). The revised treatment standard will be combustion. Following the one year period, the treatment standards revert to those promulgated in the Phase III rule (SEE ALSO: 61 FR 15566; 4/8/96, 61 FR 43924; 8/26/96, 62 FR 45568; 8/28/97, and 63 FR 47410; 9/4/98).
 
07/05/1996CLARIFICATION OF THE DEFINITION OF COMMERCIALLY AVAILABLE TREATMENT TECHNOLOGY & DISPOSAL CAPACITY VIS-A-VIS RCRA SECTION 3004(J)Memo
 Description: EPA’s policy on enforcement of the Section 3004(j) storage prohibition for facilities generating radioactive mixed waste does not exclude legitimate recycling facilities from the definition of commercially available treatment technology and disposal capacity. EPA does not extend the enforcement policy to generators that do not take advantage of legitimate recycling opportunities (SEE ALSO: 64 FR 63464; 11/19/99).
 
06/19/1996CLARIFICATION OF TWO SECTIONS OF THE HAZARDOUS WASTE REGULATIONS: WASTE CHARACTERIZATION IN 40 CFR 262.11 AND LDR NOTIFICATIONMemo
 Description: EPA does not require waste codes on the manifest, but states may require one or more waste codes to be identified. RCRA waste codes may be part of the proper DOT shipping description. When a waste meets a specific listing and exhibits a characteristic for one of the constituents that make up the listed waste code, the generator may decide which waste code to include on the manifest based on which waste code most accurately identifies the waste for emergency response purposes.
 
06/14/1996STATUS OF SLAGS FROM THE PROCESSING OF LEAD ACID BATTERIESMemo
 Description: Slag or matte from recovery of lead from lead acid batteries is a new treatability group under the land disposal restriction (LDR). The status of residuals as prohibited or nonprohibited is determined at point of generation (SEE ALSO: 55 FR 22568; 6/1/90).
 
05/30/1996STATUS OF MIXED COAL PRODUCTSMemo
 Description: Characteristic manufactured gas plant (MGP) wastes can be mixed with coal or other material in a generator accumulation unit until the characteristic is removed. The resulting mixture may be sent to a fossil fuel combustor provided the mixture is no longer characteristically hazardous. Combustion residues are exempt under the Bevill exemption for fossil fuel combustion wastes. If the mixture is sent to a landfill, it must meet land disposal restrictions (LDR) treatment standards regardless of whether the characteristic has been removed (SEE ALSO: 63 FR 28574; 5/26/98).
 
05/24/1996Hazardous Waste Requirements for Large Quantity GeneratorsPublication
 Description: Summarizes information on identifying hazardous wastes generated, determining generator categories, obtaining EPA identification numbers, preparing waste for shipment off site, obtaining manifests, managing hazardous waste on site, reporting, record keeping, complying with LDR, and following export/import requirements.
 
05/17/1996EQUIVALENCY DETERMINATION REQUEST FOR THE IDAHO NATIONAL ENGINEERING LABORATORY HEPA FILTER LEACH SYSTEMMemo
 Description: Debris treatment technologies in Section 268.45, Table 1, are not specifically required for particular wastes. Water washing and spraying requires an equivalent technology approval only if the debris is contaminated with dioxin-listed waste.
 
04/24/1996PERFORMANCE AND SAFE APPLICABILITY OF COLD-MIX TECHNOLOGIES AND BIOREMEDIATION FOR PETROLEUM-CONTAMINATED SITESMemo
 Description: Discusses the appropriateness of solidification and stabilization technologies for the treatment of organics. Stabilization/solidification technologies are not considered best demonstrated available technology (BDAT) for petroleum wastes. Volatilization can occur during certain stabilization/ solidification processes. Discusses bioremediation technologies (including land treatment, biopiles, and bioventing) and degradation rates.
 
03/25/1996SCOPE AND APPLICABILITY OF THE AREA OF CONTAMINATION (AOC)Memo
 Description: The letter from Lowrance to Green (RPC# 6/11/92-01) reflects the current agency area of contamination (AOC) policy. Movement of media within an AOC does not trigger RCRA, including land disposal restrictions (LDR). The AOC concept can be applied in a remediation action that is not overseen by a government agency. An AOC does not shield a facility from state or federal cleanup requirements.
 
03/21/1996SLUDGE FROM TREATMENT OF U154 CONTAMINATED GROUNDWATERMemo
 Description: Sludge generated from treatment of groundwater contaminated with U154 (methyl alcohol) is prohibited from land disposal only if the sludge is a hazardous waste at its point of generation. Sludge generated from wastewater treatment is considered a newly-generated waste because it is a different treatability group than the wastewater being treated (SEE ALSO: 55 FR 22661; 6/1/90). Discusses change in treatability group. U154 is listed solely for ignitability and is no longer hazardous when it becomes part of a noncharacteristic mixture (Section 261.3(a)(2)(iii))(SEE ALSO: 66 FR 27266; 5/16/01). Contaminated groundwater may become part of a non-ignitable mixture when introduced to wastewater treatment system. Sludge generated from treating non-ignitable wastewaters is not derived from hazardous waste.
 
03/01/1996Environmental Fact Sheet: EPA Publishes Land Disposal Restrictions Treatment StandardsPublication
 Description: This fact sheet announces EPA's provision of innovative compliance options that bridge the requirements of CWA and RCRA for treating hazardous wastes, and simplify permit requirements and ease compliance by eliminating potential confusion about applicable regulatory requirements of the LDR program.
 
03/01/1996FREQUENTLY ASKED QUESTIONS ON COMPLIANCE WITH PART 268 LAND DISPOSAL RESTRICTIONS TREATMENT STANDARDSQuestion & Answer
 Description: Provides an explanation of the Section 268.40 Treatment Standards for Hazardous Wastes and Section 268.48 Universal Treatment Standards (UTS). Certain characteristic wastes are subject to Sections 268.40 and 268.48. Listed wastes are only subject to universal treatment standards (UTS) if they exhibit a characteristic not addressed in the treatment standard for the listed waste. Characteristic metal wastes that exhibit a second characteristic subject to universal treatment standards must meet the more stringent metal treatment standard.
 
02/27/1996CLARIFICATION OF THE ""MIXTURE RULE,"" THE ""CONTAINED-IN"" POLICY, LDR ISSUES, AND ""POINT OF GENERATION"" FOR U096Memo
 Description: U096 spilled on soil is subject to the contained-in policy. The contained-in policy does not specify levels at which contained-in determinations must be made. EPA leaves contained-in determinations to the discretion of the implementing agency. Under the Section 261.3(a)(2)(iii) mixture rule exemption, mixture of hazardous waste listed solely for exhibiting a characteristic (e.g., U096) and solid waste that no longer exhibits a characteristic can be disposed in a subtitle D landfill, but must still meet land disposal restrictions treatment standards (SEE ALSO: 268.3; 61 FR 18780; 4/29/96; 66 FR 27266; 5/16/01).
 
02/08/1996APPLICABILITY OF LAND DISPOSAL RESTRICTIONS TO WIPP-DESTINED TRANSURANIC MIXED WASTEMemo
 Description: Land disposal restrictions no migration demonstration is not necessary for waste destined for disposal at the Waste Isolation Pilot Plant (WIPP). Compliance with AEA and WIPP Compliance Criteria adequately protects human health and the environment. Risks specific to hazardous waste during the operational phase of WIPP can be addressed through RCRA permit requirements. Miscellaneous unit standards require the prevention of releases that may cause adverse effects.
 
01/26/1996LAND DISPOSAL RESTRICTIONS; PHASE IV SUPPLEMENTAL PROPOSAL ON MINERAL PROCESSING WASTESMemo
 Description: The Phase IV Bevill proposal (61 FR 2338; 1/25/96) would clarify the distinction between in-process materials and wastes in the Bevill exemption for mining and mineral processing wastes. The notice proposes retaining the TCLP and the classification of several wastes, including five smelting wastes that were previously lifted, iron chloride waste acid, and wastes from lightweight aggregate production. The notice proposes to exclude processed scrap metal and shredded circuit boards that are destined for metal recovery and managed in containers. The notice proposes to significantly reduce the land disposal restrictions (LDR) paperwork requirements that apply to hazardous waste generally (SEE ALSO: Phase IV Final Rule, 63 FR 28556; 5/26/98).
 
09/19/1995EPA'S DETERMINATION ON WHETHER MACROENCAPSULATION PROCESS ADDRESSES THE REQUIREMENTS OF 40 CFR SECTION 268.45, TABLE 1Memo
 Description: The definition of “macroencapsulation” is different for radioactive lead solids and debris. Debris macroencapsulation may include a tank or container. Merely placing debris in a container is not “macroencapsulation” unless the container is of non-corroding material (stainless steel).
 
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).
 
07/18/1995DETERMINATION OF EQUIVALENT TREATMENT (DET) FOR F024 FOR WHICH INCINERATION IS BDATMemo
 Description: The proposed treatment of F024 using catalytic extraction processing would provide the treatment equivalent to the promulgated treatment standard, INCIN (incineration). This determination of equivalent treatment (DET) pursuant to 268.42(b) applies to specific facilities. Additional sites may be covered by a DET if the technology is expected to be commercially deployed at other sites and the company requests a DET.
 
07/13/1995REGULATORY STATUS OF SPENT ANTIFREEZEMemo
 Description: Spent antifreeze from radiator flushes may be characteristic. Studies indicate spent antifreeze may be hazardous, primarily due to lead. EPA has not determined the point of generation for like wastes of similar composition when commingled after being produced. Discusses the status of commingling hazardous and nonhazardous antifreeze. If the commingled mixture is no longer hazardous and meets treatment standards, the generator must comply with the Section 268.9 notification requirement. Residues and still bottoms from antifreeze recycling are a newly generated waste. Metal-bearing, high-BTU still bottoms could be burned in a BIF under the dilution prohibition.
 
06/14/1995INTERPRETATION OF THE PHRASE ""WHICH CAN BE REASONABLY EXPECTED TO BE PRESENT"" FOR SOIL THAT EXHIBITS THE TOXICITY CHARACTERISTICMemo
 Description: When preparing land disposal restrictions (LDR) notification for D001, D002, D012-43 soils, constituents “reasonably expected to be present” would include all constituents above universal treatment standards (UTS) levels. In remediation, the point of generation is the point at which contaminated soil is picked up (SEE ALSO: 63 FR 28556; 5/26/98).
 
05/04/1995UNIVERSAL TREATMENT STANDARDS FOR CARBON DISULFIDE IN WASTEWATERMemo
 Description: The land disposal restrictions (LDR) universal treatment standards (UTS) for carbon disulfide in wastewater are derived from data supplied by industry. Discusses how EPA sets the UTS to produce a standard that is universally achievable. The UTS reflect the most difficult to treat waste.
 
03/01/1995DEFINITION OF FORMERLY BEVILL EXEMPT WASTEQuestion & Answer
 Description: Discusses the history of the Section 261.4(b)(7) Bevill mining and mineral processing waste exclusion. All mineral processing wastes not currently identified in Section 261.4(b)(7) are newly identified and are not subject to the land disposal restrictions (LDR) until EPA promulgates treatment standards (SUPERSEDED: see 63 FR 28556; 5/26/98).
 
02/10/1995CLARIFICATION OF THE LDR PHASE II REGULATION THAT APPEARED IN THE FEDERAL REGISTER ON SEPTEMBER 19, 1994Memo
 Description: SW-846 need not be used to demonstrate compliance with the universal treatment standards (UTS). When organic waste are combusted, nondetect values within an order of magnitude of UTS are acceptable. Notification for F001-F005, F039, D001, D002, D012-43 must include the constituents to be monitored if monitoring will not involve all UTS constituents.
 
12/19/1994UNIVERSAL TREATMENT STANDARDS AUTHORIZATION IMPLICATIONSMemo
 Description: Changes to the land disposal restrictions (LDR) standards due to the new universal treatment standards (UTS) are not immediately effective in states authorized for LDR. The standards for newly listed wastes are immediately effective in all states.
 
12/13/1994LE VALT MERCURY-CADMIUM BATTERIESMemo
 Description: Unused batteries sent for reclamation are CCPs being reclaimed, and are not solid wastes. Mercury-cadmium batteries must be treated by thermal recovery. EPA recognizes that most battery recycling technologies in the U.S. are not designed to treat these wastes (SEE ALSO: Part 273).
 
12/05/1994LAND DISPOSAL RESTRICTIONS WASTE IDENTIFICATION REQUIREMENTS FOR ORGANIC HAZARDOUS WASTESMemo
 Description: If the waste code for a listed waste includes a treatment standard for the constituent that causes waste to exhibit a characteristic, only the listed waste code needs to be identified for purposes of land disposal restrictions (LDR). The treatment standard for the characteristic waste, including requirement to treat for underlying hazardous constituents does not have to be met.
 
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.
 
10/17/1994REGULATION OF FUEL BLENDING AND RELATED TREATMENT AND STORAGE ACTIVITIESMemo
 Description: Fuel blenders are subject to 268.7(b) LDR notification and certification. Fuel blending is not exempt from permitting, unless it is done at a generator site in a 262.34 accumulation unit. Fuel blending at a transfer facility is treatment and requires a permit. Most fuel blending units are permitted as tanks or miscellaneous units. Fuel blenders are subject to the air emissions standards (SEE ALSO: RPC# 12/5/94-01; 59 FR 62896; 12/6/94). Thermal treatment units are not eligible for the 262.34 permit exemption. Recycling units at facilities with other permitted units are subject to the air emissions standards (SEE ALSO: 62 FR 25997; 5/12/97). Generators who send waste off-site to a burner are subject to LDR notification. Cement or light-weight aggregate kiln produced by a Bevill device burning both hazardous waste and Bevill-exempt wastes may be exempt from land disposal restrictions (LDR) treatment standards when used in a manner constituting disposal if the residues pass the significantly affected test in 266.112. If neither the products nor the residues are subject to the LDR treatment standards, the original generator's waste is not prohibited from land disposal, and is subject only to 268.7(a)(6) (SEE ALSO: 62 FR 25997; 5/12/97).
 
10/17/1994Regulation of Fuel Blending and Related Treatment and Storage Activities MemoPublication
 Description: This document addresses questions about the regulatory status of hazardous waste fuel blending activities, such as the permit requirements, appropriate unit standards, air emission standards, requirements for transfer facilities, and land disposal restrictions for generators and fuel blending facilities.
 
10/06/1994CLARIFICATION OF CERTAIN ASPECTS OF 40 CFR 268 DEBRIS REGULATIONSMemo
 Description: Discusses the definition of debris. For mixtures of debris and non-debris material, EPA has not defined primarily. A mixture is defined as debris if the volume of debris is greater than each of the other components or if the volume is at least 50 percent of the mixture of two components. Deliberate mixing of debris with other waste to meet the definition is impermissible dilution. Discusses land disposal restrictions (LDR) and state authorization.
 
10/04/1994REGULATORY REQUIREMENTS APPLICABLE TO TWO WASTE STREAMS THAT WOULD BE BILAYERED THROUGH PHASE SEPARATION AT A LICENSED TSDFMemo
 Description: An aqueous phase separated from bilayered ignitable (D001) high total organic carbon (TOC) waste is a different waste and need not be combusted. The aqueous phase may be sent to wastewater treatment. Discusses phase separation and change in treatability group.
 
10/01/1994STATUS OF MUNICIPAL WASTE COMBUSTION (MWC) ASHQuestion & Answer
 Description: Municipal waste combustion (MWC) ash is subject to regulation if it exhibits a characteristic. Discusses the history of municipal waste combustion regulation. Ash from waste-to-energy facilities is a newly-identified waste for purposes of the land disposal restrictions (LDR). (SEE ALSO: 59 FR 29372; 6/7/94; 60 FR 6666; 2/3/95; RPC# 3/22/95-01)
 
09/28/1994CLARIFICATION ON: MANIFEST DOCUMENT NUMBER; F003, F005, D001; WASTE DESTINED FOR RECYCLING; AND TREATMENT STANDARDS FOR CFCMemo
 Description: F003 and F005 waste exhibiting ignitability must carry a notification for and meet the D001 treatment standard (TS), since F003/F005 does not operate in lieu of D001 (SEE ALSO: 55 FR 22520, 22530; 6/1/90) (USE WITH CAUTION: see RPC# 3/1/94-02). The TS for chlorinated fluorocarbons (CFC) is discussed. A CFC waste may be subject to the California list prohibition for halogenated organic compounds (HOC) (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97) (SEE ALSO: RPC# 5/16/91-01). Materials that are not a solid waste (SW) when recycled are exempt even if shipped to a recycler via a TSDF. Scrap metal is both a SW and is hazardous, but is exempt if recycled. The legitimacy of recycling must be documented. Use of manifest continuation sheets is outlined.
 
08/15/1994Environmental Fact Sheet: EPA Simplifies Land Disposal Restrictions by Establishing a Set of Universal Treatment Standards, and Finalizes Treatment Standards for 42 Newly Listed and Identified WastesPublication
 Description: This fact sheet discusses the promulgation of a set of universal treatment standards for more than 200 constituents in an effort to simplify the land disposal restrictions (LDR) program. The rule also finalizes LDR treatment standards for 42 newly listed or identified wastes, including coke by-product wastes, chlorotoluene wastes, and organic toxicity characteristic (TC) wastes, and promulgates regulations requiring TC pesticide and highly concentrated ignitable wastes be treated and not merely diluted prior to injection in Class I nonhazardous deep injection wells. The fact sheet includes a table of regulated hazardous organic constituents, wastewater concentration total composition (mg/L), and nonwastewater concentration total composition (mg/L).
 
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.
 
07/14/1994TREATMENT STANDARD FOR K106 (LOW MERCURY SUBCATEGORY) NON-WASTEWATER RESIDUES FROM RETORTING/ROASTING (RMERC) UNITSMemo
 Description: K106 low mercury subcategory residues from retorting/roasting units will need further treatment if the residues exceed the mercury TCLP level.
 
06/23/1994ON-SITE TREATMENT OF MANHOLE SEDIMENT WHICH MAY EXCEED THE TOXICITY CHARACTERISTIC FOR LEADMemo
 Description: A material must exceed a 60 mm particle size to meet the debris definition. Debris stabilization with lime, fly ash, or portland cement is considered microencapsulation or immobilization and must be disposed of in hazardous waste landfill if characteristic, or may be disposed of in nonhazardous landfill if not characteristic. Nonhazardous disposal is subject to Section 268.9 for land disposal restrictions (LDR) notification, but not the hazardous waste manifest.
 
06/09/1994APPLICABILITY OF RCRA TO VARIOUS PRODUCTS (E.G., CLINKER, FERTILIZER) PRODUCED BY A CEMENT KILN EQUIPPED WITH A RECOVERY SCRUBBERMemo
 Description: Product clinker and fertilizer that are produced using previously landfilled Bevill exempt cement kiln dust are not subject to Subtitle C as long as the products are commercial grade, do not contain hazardous constituents in excess of those found in comparable products, and have met applicable land disposal restrictions (LDR) treatment standards (SEE ALSO: RPC# 5/17/94-01; 60 FR 6666; 2/7/95).
 
06/03/1994CLARIFICATION OF RCRA REGULATIONS APPLICABLE TO HAZARDOUS DEBRISMemo
 Description: Removing contaminants from an intact building is waste generation, not treatment. An intact building is not considered discarded until it is destroyed. The removed material is eligible for the land disposal restrictions (LDR) 268.45 debris treatment standards if it meets the definition of debris.
 
05/26/1994CLASSIFICATION OF A MERCURY RECOVERY UNITMemo
 Description: One condition of the exclusion from the BIF rules for furnaces engaged solely in metal recovery is that the heating value of the waste cannot exceed 5000 Btu/lb, otherwise the waste is being burned for energy recovery. The requirement is inconsistent with the land disposal restrictions (LDR) mercury recovery treatment standards (SEE ALSO: RPC# 12/17/93-01).
 
05/23/1994RCRA Policy Statement: Clarification of the Land Disposal Restrictions' Dilution Prohibition and the Combustion of Inorganic Metal-Bearing Hazardous WastePublication
 Description: Clarifies the application of the land disposal restrictions (LDR) prohibition on dilution to combustion of certain inorganic metal-bearing hazardous wastes. Provides regulatory background. Discusses the general distinction between adequate treatment and potential violations of the dilution prohibition. Includes a table listing the wastes affected by this policy.
 
05/23/1994RCRA POLICY STATEMENT: LAND DISPOSAL RESTRICTIONS' DILUTION PROHIBITION AND COMBUSTION OF INORGANIC METAL-BEARING HAZARDOUS WASTESMemo
 Description: The combustion of metal-bearing waste without a significant organic or cyanide content is impermissible dilution. Combustion is not legitimate even if subsequent treatment of the residues achieves the treatment standard. The land disposal restrictions (LDR) dilution prohibition applies to inorganics.
 
05/20/1994MINIMUM HEAT CONTENT REQUIREMENTS FOR HAZARDOUS WASTES BURNED IN BIFSMemo
 Description: Blending hazardous waste (HW) to increase the heating value is not prohibited, but if a BIF burns the HW with a heating value below 5000 Btu/lb and does not document that it was burned for legitimate energy recovery, and the product derived from the burning is placed on land is use in manner constituting disposal, and would be a HW. Such a HW-derived product could be exempted from compliance with the land disposal restrictions (LDR) and notification requirements. Discusses fuel value based on as-generated, not as-fired basis. Blending cannot be used to meet fuel value test. As-generated fuel value can be increased by legitimate treatment (e.g., decanting).
 
05/19/1994CLARIFICATION OF RCRA HAZARDOUS WASTE REGULATIONS AS THEY APPLY TO CERTAIN SECONDARY MATERIALSMemo
 Description: Hydrochloric acid (HCL) from air pollution control device may be a co-product. Discusses by-product vs co-product criteria, such as separate production streams, fit for end use, intentionally produced, market exists. HCl used as a pickling agent is not a solid waste. HCl injected as a fracturing agent is land disposed.
 
05/09/1994RECORDKEEPING REQUIREMENTS FOR SMALL QUANTITY GENERATORS SUBJECT TO LAND DISPOSAL RESTRICTIONSMemo
 Description: Small quantity generators are subject to the land disposal restrictions (LDR) program. Only CESQGs are exempt from Part 268. The manifest does not address all of the information required to comply with the Part 268 notification requirements.
 
03/01/1994CLARIFICATION OF LAND DISPOSAL RESTRICTIONS (LDR) REQUIREMENTSMemo
 Description: If a waste is ignitable (D001, high total organic carbon (TOC)) and exhibits the toxicity characteristic for lead (D008), then blending and combustion as a hazardous waste fuel is not impermissible dilution, since the treatment standard for high TOC D001 requires burning. Fuel substitution alone is not sufficient. Ash from burning such metal-bearing wastes must meet the treatment standards for metals. A waste must meet treatment standards for all applicable waste codes before land disposal (SEE ALSO: 268.9(b)). The F001-F005 treatment standards apply only to the constituents used for solvent properties and which triggered the listing. Solvent constituents picked up through use are not subject to the F001-F005 treatment standards. The F005 treatment standard addresses the characteristic of ignitability and so operates in lieu of D001 treatment standard (USE WITH CAUTION: see RPC# 9/28/94 -04). The alternative debris treatment standards may be used even if the debris is contaminated with a waste code whose treatment standard is a specified technology.
 
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.
 
02/04/1994REGULATORY STATUS OF MERCURY BATTERIESMemo
 Description: Containers as debris. Mercury battery (batteries) carcasses containing hazardous waste liquid or sludge may be hazardous debris based on a case-by-case determination.
 
01/26/1994RESPONSE TO PROPOSED PROCEDURE TO DECOMMISSION ALUMINUM CHAFF ROVING BUNDLESMemo
 Description: Aluminum chaff roving bundles could exhibit the reactivity characteristic (D003) for their propensity to release flammable hydrogen gas when they are exposed to moisture. The Part 268 land disposal restrictions (LDR) treatment standard for these wastes is deactivation, which is best achieved by washing them with an acidic solution (SUPERSEDED: treatment standard is deactivation and meet 268.48 standards, see 268.40). Compliance is evaluated based on the removal of the characteristic, not based on following a specified method of deactivation.
 
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).
 
01/04/1994CLARIFICATION ON THE APPLICABILITY OF THE DEBRIS STANDARDS TO P078 WASTESMemo
 Description: Hazardous debris that is contaminated with wastes that is subject to waste-specific treatment standards may utilize the alternate debris standards. Contaminants subject to treatment for debris are constituents or wastes for which the best demonstrated available technology (BDAT) standards are established are in Sections 268.41, 268.42, and 268.43.
 
12/13/1993RESPONSE TO REQUEST FOR PERMIT MODIFICATION TO ACCEPT NEWLY-LISTED WASTESMemo
 Description: EPA did not identify in Part 261, Appendix VII, all hazardous constituents that are expected to be present in listed wastes. Explains the criteria that is used to determine which constituents should be included in Appendix VII. The treatment standards for nonwastewater forms of newly listed coke by-product wastes are based on incineration.
 
12/02/1993ELIGIBILITY OF IN-SITU VITRIFICATION TECHNOLOGY TO RESEARCH, DEVELOPMENT, AND DEMONSTRATION PERMITTINGMemo
 Description: Because in-situ vitrification (i.e., treatment) is not placement, it does not constitute disposal, and is eligible for a Research and Development (RDD) permit. Placement triggers land disposal restrictions, and is disposal, not treatment.
 
11/18/1993TREATMENT OF AN INHERENTLY HAZARDOUS DEBRIS THAT EXHIBITS THE TOXICITY CHARACTERISTIC FOR LEAD AND CADMIUMMemo
 Description: Debris can be treated using the alternative treatment standards or the waste specific land disposal restrictions (LDR) standards. Listed debris treated to the waste specific standard is still hazardous waste after treatment and must be disposed of in a Subtitle C unit. Characteristic debris, including inherently hazardous debris, may be disposed in a Subtitle D unit if no longer exhibits a characteristic.
 
11/10/1993REGULATORY STATUS OF BATTERY CARCASSESMemo
 Description: Intact containers are not debris. Because batteries are a type of container, battery carcasses are not debris and are not eligible for the alternate debris treatment standards.
 
11/01/1993GENERATOR MANAGEMENT OF HAZARDOUS WASTE AND THE 90-DAY TREATMENT EXEMPTIONMemo
 Description: The transfer of waste to different tanks or containers does not affect the 262.34 generator accumulation unit treatment exemption. Although treatment may remove the hazardous characteristic, land disposal restrictions (LDR) requirements still apply, including 268.7(a)(4).
 
10/15/1993CLARIFICATION ON DISPOSAL OF SORBED MATERIALS IN HAZARDOUS WASTE LANDFILLS AND ON POZZOLANIC STABILIZATION OF SORBED MATERIALSMemo
 Description: Wastes treated with biodegradable sorbents cannot be placed in a landfill until after appropriate treatment. Chemical reagents such as pozzolanic stabilization and thermoplastic or organic binders are non- biodegradable sorbents and may be used to meet the liquid in landfill rule standards. Pozzolanic stabilization may not meet land disposal restrictions (LDR) treatment standards, but treatment that meets Part 268 standards generally meets Section 264.314(e) requirements.
 
10/13/1993LAND DISPOSAL RESTRICTION INTERIM FINAL RULEMemo
 Description: Discusses the applicability of the interim final rule (58 FR 29884; 5/24/93) to wastes that have one or more numerical treatment standards as well as a deactivation requirement. F001 waste that is also corrosive (D002) must be treated to meet the standards for both waste codes (including treatment for underlying hazardous constituents). Waste mixtures with common constituents of concern must meet the most stringent standard that applies. Ignitable (D001) and corrosive wastes (subject to treatment for underlying hazardous constituents) may be aggregated with other compatible wastes to facilitate treatment. Aggregating wastes for other purposes may be impermissible dilution.
 
10/04/1993POTENTIAL LIABILITY OF DISPOSAL FACILITIES WHEN DISPOSING OF CONTAMINATED DEBRISMemo
 Description: A disposal facilities remain responsible for ensuring that restricted wastes are disposed of in compliance with all applicable treatment standards. Disposal facilities can be liable for improper disposal of untreated waste. Disposal facilities should use their judgment on how to minimize their risk of liability. Strict liability applies under RCRA, so a facility can be liable for violation even if it acted in good faith, although good faith may mitigate penalties.
 
09/14/1993PROPOSAL TO APPLY DEBRIS TREATMENT STANDARDS TO DEBRIS CONTAMINATED WITH PHASE II WASTESMemo
 Description: Provides clarification to the Phase II proposed rule (58 FR 48092; 9/14/93). EPA intends for the Phase I alternative debris treatment standards to apply to waste codes that are addressed in the Phase II rule (D018-43, K149-K151, K141-K145, K147, K148).
 
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.
 
06/03/1993USE OF ON-SITE PRECIPITATION PROCESS AS AN ACCEPTABLE PRETREATMENT STEP ADJUNCT TO MERCURY RETORTINGMemo
 Description: Mercury precipitation treatment cannot be used as a substitute for the required retorting treatment (RMERC) for the D009 high mercury subcategory. Precipitation process may be used as a pretreatment step. Generators can treat waste on-site without obtaining a permit, provided the generator accumulation provisions are met. Discusses generators subject to the land disposal restrictions (LDR) analysis plan notification.
 
05/06/1993WASTE MANAGEMENT OPTIONS FOR ZINC-CARBON BATTERIESMemo
 Description: Zinc-carbon batteries that contain cadmium are subject to land disposal restrictions (LDR) only if they fail the TCLP and extraction procedure (EP) (SUPERSEDED: see 63 FR 28556; May 26, 1998). Zinc-carbon batteries are not subject to the cadmium battery recycling standard. The applicable D006 treatment standard is based on stabilization (SEE ALSO: Part 273).
 
05/01/1993WASTE CLASSIFIED AS BOTH F005 AND K086Question & Answer
 Description: Washes and sludges generated from cleaning an ink pigment mixing tub using an 80 percent toluene solvent is classified as F005 and K086. For purposes of land disposal restrictions (LDR), the generator must also determine applicable characteristics.
 
04/26/1993STRATEGY FOR VOLUNTARY REMEDIATION OF HISTORIC MANUFACTURED GAS PLANT (MGP) SITESMemo
 Description: Manufactured gas plant (MGP) wastes are not listed but they may exhibit a characteristic. MGP wastes are newly identified and are not subject to land disposal restrictions (LDR) treatment requirements or the dilution prohibition. MGP wastes may be decharacterized in generator's 262.34 accumulation units without a permit and sent off-site for burning in utility boilers as nonhazardous waste (SEE ALSO: 63 FR 28556; 5/26/98).
 
03/12/1993CORRECTIONS TO APPENDIX III, PART 268Memo
 Description: The halogenated organic compounds (HOCs) listed in 268 Appendix III as 1,2-Dibromomethane and hexachloroprophene are typographical errors. 268 Appendix III should read 1,2-Dibromoethane (EDB) and Hexachlorophene.
 
02/23/1993PROPER DISPOSAL OF SILVER NITRATE AND CHLOROFORM AS LABORATORY CHEMICALSMemo
 Description: The 261.3(a)(2)(iv)(E) exemption applies only to listed wastes, not to characteristic wastes. The exclusion applies to incidental losses of listed wastes from lab operations, not to deliberate discharges of chemicals that are not part of lab operations. The facility’s discharge must be subject to 402 or 307(b) of CWA. The concentration criteria may be based on either the total annualized average flow of lab wastewater or on the lab chemical concentration at the treatment system’s headworks. The exclusion is based on the total quantity of listed wastes from the lab’s operations. Land disposal restrictions (LDR) recordkeeping requirements may apply. The pretreatment of lab wastewaters may generate a characteristic sludge.
 
01/08/1993IMPACT OF FEDERAL FACILITIES COMPLIANCE ACT (FFCA) ON A DOE LDR CASE-BY-CASE EXTENSION APPLICATIONMemo
 Description: Discusses the impact of the Federal Facilities Compliance Act (FFCA) on DOE's application for a case-by-case extension for Third Third radioactive mixed wastes. EPA questions the need to process the application in light of FFCA's delay of waiver of sovereign immunity.
 
01/01/1993SOIL CASE-BY-CASE EXTENSIONQuestion & Answer
 Description: Discuses the scope and applicability of the soil case-by-case extension from the third third land disposal restrictions (LDR) rulemaking. Ended on May 8, 1993.
 
12/24/1992CLARIFICATION ON WHAT CONSTITUTES DIOXIN RELATED MATERIALSMemo
 Description: Contains a list of waste codes that contain dioxin (F020, F022, F023, F026, F027, F028, F032, D017, D041, D042). The F-listed dioxin waste codes do not apply if waste contains dioxin but does not meet the listing description. Waste exhibits the toxicity characteristic only if the level of constituent exceeds the regulatory level. F039, K043, and K099 have land disposal restrictions (LDR) for certain dioxins and furans. If waste meets the listing description, the waste code applies even if no Appendix VIII constituents are present. For purposes of F021, a pentachlorophenol derivative includes any substance which is related structurally and can be made from pentachlorophenol (PCP), including sodium pentachlorophenate, octachlorodibenzodioxin, octachlorodiphenyl ether, and potassium pentachlorophenate. Derivatives from tri- and tetrachlorophenol include tri- and tetra-chlorophenoxy derivatives of carboxylic acids. F020 -F023, F026-F028 hazardous waste must be incinerated in an unit meeting 99.9999 DRE or burned in thermal treatment unit meeting same DRE. Waste that contains Appendix VII constituents but cannot be traced to the original process that would generate the waste meeting listing description is exempt from regulation unless characteristic.
 
12/04/1992DETERMINATION OF EQUIVALENT TREATMENT FOR METAL RECOVERYMemo
 Description: Incineration followed by treatment of the ash is generally required for waste codes for which metals recovery is the specified technology.
 
11/30/1992WASTE STREAMS GENERATED BY TREATMENT PROCESSESMemo
 Description: Pursuant to mixture or derived-from rule, streams consisting of listed hazardous waste retain the same waste codes even after mixing and/or treatment. Treatment residuals must meet waste code-specific treatment standards prior to land disposal.
 
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.
 
11/04/1992CLASSIFICATION OF F003 WASTESMemo
 Description: Xylene and acetone used to remove paint is F003, even if the waste is not ignitable. The 261.3(a)(2)(iii) mixture rule exemption does not apply to nonignitable F003 that has not yet been mixed with solid waste, and does not apply to a mixture of soil and F003 that does not exhibit a characteristic (SEE ALSO: 66 FR 27266; 5/16/01). Land disposal restrictions (LDR) treatment requirements still apply to F003 waste that has been rendered nonignitable and/or nonhazardous under 261.3(a)(2)(iii). If F003 is spilled into soil, the soil must be managed as listed waste until the state or Region determines that it no longer contains hazardous waste.
 
10/28/1992REGULATORY REQUIREMENTS PERTAINING TO THE MANAGEMENT OF WASTE SOLVENTS AND USED OILMemo
 Description: A generators may make a hazardous waste determination either by testing or by applying knowledge of the characteristics of the waste, in light of materials or process used in its generation; testing is not required. A generator must determine each waste code applicable to waste. A generator can rely on the analysis of unused mineral spirits plus knowledge of the operation to determine whether or not the resulting waste solvent exhibits any hazardous characteristic, provided he has sufficient information to make an accurate determination.
 
09/04/1992STATUS OF FLUORESCENT LAMPS UNDER RCRAMemo
 Description: CESQG or household hazardous waste (HHW) fluorescent light bulbs may be land disposed in Subtitle D landfill regardless of characteristic properties. Land disposal restrictions (LDR) do not apply to D009 mercury-containing fluorescent light bulbs that pass the extraction procedure (EP) test (SUPERSEDED: see 63 FR 28556; 5/26/98). The bulbs are subject to LDR because they exhibit the EP toxicity characteristic and toxicity characteristic (TC), and could be considered debris per 268.45.
 
09/01/1992FLUORESCENT LIGHT BULBS AS DEBRISQuestion & Answer
 Description: Used fluorescent light bulbs are considered debris and are eligible for the generic one-year case-by-case extension promulgated in the May 15, 1992 Federal Register (57 FR 20767).
 
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.
 
08/11/1992COMBINED OPERATION OF THE RESOURCE RECOVERY KILNS AND CEMENT KILNS AT GIANT CEMENT COMPANY, HARLEYVILLE, SCMemo
 Description: Generally, when listed hazardous waste is burned in a cement kiln for a purpose other than just energy recovery and the resulting product is placed on the land, the cement product is a solid and hazardous waste subject to 266.20. However, cement produced from burning off-gases in a cement kiln is not a waste-derived product. Cement produced from treated soil that no longer contains hazardous waste is not a waste-derived product. For the purposes of 266.20(b), EPA may test clinker, rather than product (i.e., cement). 268.7(b)(5), (b)(7) paperwork applies to each shipment of waste-derived product sent to a receiving facility. Discusses the guidelines for determining the regulatory status of two or more hazardous waste treatment units in a series. A cement kiln and resource recovery kiln operating in series are regulated as BIFs. Off-gases from resource recovery kilns are regulated under RCRA Subtitle C if they originate from hazardous waste treatment (SEE ALSO: RPC# 7/29/94-01).
 
08/06/1992BANGLADESHI REQUEST FOR INFORMATION ON LEAD AND CADMIUM IN FERTILIZERMemo
 Description: Hazardous waste-derived fertilizer is subject to Part 266, Subpart C. To qualify for 266.20(b), it must be a legitimate product and meet the land disposal restrictions (LDR) treatment standards. K061-derived zinc fertilizers produced for the general public's use are exempt from regulation, including LDR.
 
08/01/1992TREATMENT IN A GENERATOR’S 90-DAY CONTAINMENT BUILDINGQuestion & Answer
 Description: A generator accumulating hazardous waste in a containment building can treat waste without obtaining permit or interim status, unless conducting thermal treatment. If treating to meet Part 268 treatment standards, a generator must comply with Section 268.7(a)(4) for waste analysis plan requirements.
 
07/21/1992REGULATIONS FOR DISPOSAL OF CERAMIC MATERIALSMemo
 Description: The disposal of ceramic tiles is regulated only if they meet the definition of hazardous waste. If the tiles are hazardous, they may be subject to the land disposal restrictions (LDR). Appropriate treatment could consist of chemical stabilization or vitrification, depending on the metals in the waste.
 
07/01/1992ONE-TIME NOTIFICATION REQUIREMENT UNDER 268.7(A)(6)Question & Answer
 Description: The one-time notification requirement under the land disposal restrictions (LDR) applies even if, prior to discharge, waste is managed in a manner not substantively regulated.
 
06/15/1992Environmental Fact Sheet: Treatment Standards Finalized for 20 Newly Listed Hazardous Wastes and Hazardous DebrisPublication
 Description: This fact sheet announces land disposal restriction (LDR) rules for 20 newly listed hazardous wastes. Wastes include recent petroleum refining wastes (F037 and F038), wastes from unsymmetrical dimethylhydrazine (K107-K110), wastes from dinitrotoluene and toluenediamine (K111 and K112), wastes from ethylene dibromide (K117, K118, and K136), wastes from ethylenebisdithiocarbamic acid (K123-K126), wastes from methyl bromide (K131 and K132), and additional organic U wastes (U328, U353, and U359). The fact also describes additional components of the LDR rules, including regulations for hazardous debris and containment buildings.
 
06/11/1992CLARIFICATION OF THE APPLICABILITY OF CERTAIN RCRA REQUIREMENTS TO COMMON EXCAVATION-TYPE ACTIVITIESMemo
 Description: Excavating and redepositing hazardous soils (active management) within an area of contamination (AOC) during trenching or other non-RCRA related construction is not generation, treatment, storage, or disposal of hazardous waste and triggers no RCRA requirements, including land disposal restrictions (LDR) and generator rules. Such excavation does not “generate” waste and is not subject to generator requirements (SEE ALSO: 63 FR 28556, 28617; 5/26/98).
 
05/15/1992Environmental Fact Sheet: Effective Date for Hazardous Debris Treatment Standards Extended One YearPublication
 Description: This fact sheet discusses the extension of the effective treatment date for most debris contaminated with hazardous waste to May 8, 1993. This extension is in response to the lack of treatment capacity for hazardous waste expressed by commenters to the January 9, 1992, Proposed Rule on Land Disposal Restrictions for Newly Listed Wastes and Contaminated Debris (57 FR 958).
 
05/07/1992WASTE CODE CARRY THROUGH PRINCIPLE AND IMPORT ON LAND DISPOSAL RESTRICTONS (LDR) STANDARDSMemo
 Description: Under a very narrow set of circumstances (including low levels of recoverable metals), the waste code carry through principle (derived-from rule) does not apply to certain wastes that would otherwise be subject to a specified technology treatment standard of metal recovery because of the derived-from rule.
 
02/10/1992ENVIRONMENTAL GROWTH INITATIVEMemo
 Description: Discusses the Environmental Growth Initiative. Provides an overview of the RCRA Subtitle C reform initiatives growing out of the President's "90-Day Review of Regulations." Addresses concentration-based exemptions, universal treatment standards (UTS), post-closure permitting, remediation reforms, and the new Superfund paradigm.
 
12/10/1991EXTENSION OF COMMENT PERIOD FOR LDR SOIL FEDERAL REGISTER NOTICEMemo
 Description: Discusses the extension of the comment period for land disposal restrictions (LDR): Potential Treatment Standards for Newly Identified and Listed Wastes and Contaminated Soil (56 FR 55160; 10/24/91) on issues related to mineral processing wastes, wood preserving wastes, and spent potliners (SEE ALSO: 57 FR 37194; 8/18/92, 60 FR 43654; 8/22/95, 61 FR 2338; 1/25/96, 62 FR 25997; 5/12/97).
 
12/10/1991NO-MIGRATION PETITION FOR KOCH REFINING, TXMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below the treatment zone, in soil-pore liquid, and in groundwater at the land treatment facility.
 
12/01/1991SW-846 TEST METHODSQuestion & Answer
 Description: The test methods found in SW-846 are generally not required, but are intended as guidance for both hazardous waste identification and compliance with the land disposal restrictions (LDR) treatment standards. In certain instances, such as delisting and characteristic testing, EPA requires the use of the SW-846 methods.
 
10/11/1991MATERIALS USED IN FERTILIZER PRODUCTION MANAGEMENTMemo
 Description: A characteristic sludge used to make fertilizer is a solid waste, even if it is first sent to a facility for lead reclamation. The solid waste determination for a recycled material is made at the point of generation and must account for the entire recycling process. D008 baghouse dust used in fertilizer production is a solid waste used in a manner constituting disposal. Fertilizer produced for the general public's use that meets land disposal restrictions (LDR) treatment standards is no longer subject to regulation.
 
10/11/1991MATERIALS USED IN FERTILIZER PRODUCTION MANAGEMENTMemo
 Description: Characteristic sludge (D008) used to make fertilizer is a solid waste, even if first sent to a facility for lead reclamation. Fertilizer produced for the general public's use that meets land disposal restrictions (LDR) treatment standards is no longer subject to regulation under the use in a manner constituting disposal exemption. Dicusses the history of use constituting disposal regulations. The solid waste determination for a recycled material must be made at the point of generation and must account for the entire recycling process, not only the first step. Addresses the elements of legitimate recycling.
 
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.
 
09/20/1991TREATMENT OF HAZARDOUS WASTE FROM LARGE QUANTITY GENERATORSMemo
 Description: Both LQGs and SQGs can treat in accumulation tanks or containers without a permit if the treatment is in compliance with the 262.34 generator accumulation requirements. Generators who accumulate waste in 262.34 units must comply with the waste analysis plan (WAP) requirements per 268.7(a)(4). Treatment in generator accumulation units cannot violate the dilution prohibition.
 
07/31/1991TC RULE HAZARDOUS WASTE DETERMINATIONMemo
 Description: Pulp and paper mill wastes should be sampled at an outlet from the bleach plant (point of generation), prior to commingling (mixing) with other wastestreams, to determine whether they exhibit the toxicity characteristic for chloroform (D022). The dilution of characteristic hazardous waste at a pulp and paper mill is acceptable for CWA compliance provided there is no specified method of treatment (58 FR 29860; 5/24/93). The definition of aggressive biological treatment (ABT) units for the purposes of the F037 and F038 listings does not apply to the exemption for biological treatment units from the surface impoundment minimum technical requirements.
 
06/21/1991BAGHOUSE DUSTS USED AS, OR TO PRODUCE, AGGREGATEMemo
 Description: Baghouse dust used as a product or reclaimed as an ingredient in a product (e.g., aggregate) placed on the land is a solid waste and is not exempt per 261.2(e). Products reclaimed from K061 that are not placed on the land are no longer wastes. Discusses the indigenous principle (SUPERSEDED: see 266.100) and the elements of legitimate recycling. If it is not legitimate recycling, the kiln is hazardous waste treatment unit.
 
06/05/1991CERTIFICATION/NOTIFICATION FOR MULTIPLE-CONSTITUENT WASTES SUBJECT TO LDRSMemo
 Description: Waste as a whole, not individual constituents, must be certified to meet the treatment standards. If waste as generated meets the treatment standards for some constituents but not others, the generator must notify the TSDF that waste does not meet the land disposal restrictions (LDR) treatment standard.
 
05/29/1991NO-MIGRATION PETITION FOR CONOCO, MTMemo
 Description: The determination of environmental threats from land treatment facilities seeking land disposal restrictions (LDR) no-migration petitions are based on sensitivity of environmental receptors, presence of exposure pathways to receptors, and exposure to contaminants at hazardous levels. Discussion of criteria required to properly assess such threats.
 
05/29/1991NO-MIGRATION PETITION FOR TEXACO, WAMemo
 Description: Summary of demonstrations that must be made in no-migration petitions.
 
05/16/1991CALIFORNIA LIST PROHIBITIONSMemo
 Description: California list prohibitions are superseded, except for PCBs, halogenated organic compounds, nickel, and thallium. The California list does not apply to newly-identified wastes. Listed wastes are no longer subject to the halogenated organic compound prohibition (SEE ALSO: RPC# 9/28/94-04, 60 FR 43654; 8/22/95), but may be subject to the nickel and thallium ban (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
05/01/1991NO-MIGRATION PETITION FOR ROBINSON, ILMemo
 Description: Guidance on the revision of an existing petition or withdrawal and resubmission of a new petition after EPA’s denial of a land disposal restrictions (LDR) no-migration petition for a land treatment unit and surface impoundment.
 
04/23/1991LAND DISPOSAL RESTRICTIONS APPLIED TO EXPORTED WASTESMemo
 Description: The land disposal restrictions (LDR) apply to exported hazardous waste (HW), including notification, certification, and demonstration under 268.7(a). The treatment standards need not be met prior to disposal in another country. The regulatory status of a secondary material to be reclaimed depends on the type of material and if it is a characteristic or listed HW.
 
04/22/1991NO-MIGRATION PETITION FOR ATLANTIC REFINING & MARKETING, PAMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to releases from the land treatment facility in excess of health based levels, inadequate soil and groundwater monitoring system, noncompliance with other regulatory requirements.
 
04/16/1991LAND DISPOSAL RESTRICTIONS APPLICABILITY TO INVESTIGATIVE DERIVED WASTEMemo
 Description: The temporary container storage of investigative-derived wastes within an area of contamination (AOC) followed by disposal within the original AOC does not trigger land disposal restrictions (LDR). The movement to separate storage and/or treatment area followed by replacement may trigger treatment. A single drum is not considered a unit. Drums and land on which drums are placed may constitute container storage areas.
 
04/12/1991NOTIFICATION OF ERRORS IN THE TECHNICAL AMENDMENT TO THE THIRD THIRD LAND DISPOSAL RESTRICTIONS (LDRS), PUBLISHED JANUARY 31, 1991Memo
 Description: Addresses the corrections to the treatment standards for K048, P003, P073, U001, U003, U154 (errata sheet for 58 FR 3877; 1/31/91, Technical Amendment to the Third Third) (SEE ALSO: current 268.40).
 
04/01/1991TREATMENT OF REINJECTED GROUNDWATER RESULTING FROM RCRA CORRECTIVE ACTIONQuestion & Answer
 Description: Both the land disposal restrictions (LDR) program and RCRA 3020 potentially restrict or prohibit the underground injection of groundwater contaminated with hazardous waste. Waste with LDR treatment standards is eligible for RCRA Section 3020(b).
 
03/29/1991SHAM INCINERATION AND TREATMENT OF K048-K052 WASTES IN CEMENT KILNS AND INDUSTRIAL FURNACESMemo
 Description: Oil cannot be added to a K048-K052 treatment cake to increase fuel value above sham recycling threshold unless the oil is originally part of waste (SUPERSEDED: see RPC# 11/8/94-01; Section 266.100). All wastes derived from listed wastes are subject to land disposal requirements (LDR) except for certain Bevill residues.
 
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).
 
02/05/1991NO-MIGRATION PETITION FOR KERR-MCGEE REFINING, OKMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below land treatment facility, inadequate groundwater monitoring system, and failure to maintain minimum separation between high water table and bottom treatment zone.
 
01/30/1991STANDARDS FOR AIR PATHWAY FOR METALS AND ORGANIC CHEMICALSMemo
 Description: A land disposal restrictions (LDR) no-migration petition uses a health based level for chromium based on hexavalent chromium. Discusses information on compounds in Appendix VIII or IX, and/or the modified Skinner list relating to no-migration petitions.
 
01/29/1991NO-MIGRATION PETITION FOR EXXON, TXMemo
 Description: Discusses information on static fracturing and the use of indicator chemicals in a risk assessment in relation to the land disposal restrictions (LDR) no-migration petitions.
 
01/17/1991NO-MIGRATION PETITION FOR SUN REFINING, OKMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to hazardous constituents below treatment zone, inadequate groundwater monitoring system, inability to maintain minimum distance between treatment zone and high water table, and failure to demonstrate no constituents will migrate beyond the land treatment unit.
 
01/08/1991LAND DISPOSAL RESTRICTIONS REGULATION OF CYANIDESMemo
 Description: Stabilization is not an appropriate best demonstrated available technology (BDAT) for cyanides. Stabilizing cyanides violates the land disposal restrictions (LDR) dilution prohibition.
 
01/08/1991LEADED PAINT SANDBLASTING WASTE TESTING USING TCLPMemo
 Description: The land disposal restrictions (LDR) regulations continue to allow the use of either the extraction procedure (EP) or the TCLP to demonstrate compliance with the treatment standards for certain lead and arsenic wastes (SUPERSEDED: see 63 FR 28556; May 26, 1998). The TCLP is only test usable for characterization and identification of toxicity characteristic hazardous waste.
 
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.
 
01/03/1991NO-MIGRATION PETITION FOR KOCH'S REFINING, TXMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below the treatment zone and in the groundwater from the land treatment unit.
 
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.
 
12/20/1990THIRD THIRD LAND DISPOSAL RESTRICTIONS FINAL RULEMemo
 Description: Lab packs going for incineration can be packed in fiber drums, not just metal drums. Discusses the definition of inorganic solid debris. Empty containers may be hazardous if characteristic. A treatment facility must support the determination that waste meets the treatment standard with analytical data. Piped transfers from a recycling facility to an off-site TSDF is subject to land disposal restrictions (LDR) notification (SEE ALSO: 62 FR 25997; May 12, 1997).
 
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.
 
11/20/1990LDR RULES REGARDING ALTERNATIVE TREATMENT STANDARDS FOR LAB PACKSMemo
 Description: A person who incinerates lab packs may use fiber drums in place of metal outer containers. Fiber or wood boxes or other containers that do not meet the DOT specifications for fiber drums may not be used as outer containers for lab packs.
 
11/08/1990NO-MIGRATION PETITION FOR AMOCO REFINERYMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to an inadequate groundwater monitoring system and the presence of hazardous constituents below the treatment zone at land treatment facility.
 
11/08/1990NO-MIGRATION PETITION FOR SINCLAIR OIL, OKMemo
 Description: Discusses EPA’s dismissal of a land disposal restrictions (LDR) no-migration petition due to failure to have a monitoring plan that detects migration from land treatment facility at the earliest practicable time and the presence of hazardous constituents in the groundwater.
 
11/07/1990NO-MIGRATION PETITION FOR SHELL OIL, WAMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below land treatment zone, and failure to have a monitoring plan that detects migration at the earliest practicable time.
 
11/07/1990NO-MIGRATION PETITION FOR STAR ENTERPRISE, DEMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no migration petition due to the presence of constituents below land treatment zone and in groundwater.
 
11/06/1990NO-MIGRATION PETITION FOR MARATHON PETROLEUM, ILMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to the presence of hazardous constituents below land treatment unit, inadequate groundwater monitoring system, and inability to maintain minimum distance between treatment zone and high water table.
 
10/24/1990NO-MIGRATION PETITION FOR ARCO PRODUCTS, WAMemo
 Description: Discusses EPA’s denial of a land disposal restrictions (LDR) no-migration petition due to inadequate groundwater monitoring system, excessive hazardous constituent release to air, presence of hazardous constituents below the land treatment zone, and inability to maintain minimum separation between treatment zone and groundwater table.
 
10/17/1990TREATMENT OF RADIOACTIVE WASTES AT HAZARDOUS WASTE PERMITTED TSDFMemo
 Description: A facility must be permitted to manage a specific type of radioactive mixed waste before treating that waste for land disposal. In a state authorized for mixed waste but not authorized for the land disposal restrictions (LDR), the facility could apply to the State or EPA for the necessary permit modifications.
 
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).
 
09/24/1990CONOCO'S NO-MIGRATION PETITION DENIALMemo
 Description: Discusses the rationale for the denial of a facility’s no-migration petition. A facility must have a groundwater monitoring system to detect migration of hazardous constituents at the earliest extent practicable. A petition withdrawal is allowed to prevent notice of denial in Federal Register.
 
09/05/1990APPLICABILITY OF PERMITTING TO MOVEMENT OF HAZARDOUS WASTE THAT DOES NOT CONSTITUTE LAND DISPOSAL Memo
 Description: Land disposal includes movement of hazardous waste (HW) into a unit, but not movement within the unit. Movement within the unit does not require a permit. Movement of HW within a unit that is associated with land treatment may require a treatment permit.
 
09/01/1990PRETREATMENT OF CHARACTERISTIC WASTES SUBJECT TO LAND DISPOSAL RESTRICTIONSQuestion & Answer
 Description: If ignitable characteristic waste (D001) is pretreated by dividing it into solid and liquid phases, the solid phase is no longer regulated if not characteristic. Phase separation is considered a new point of generation. Notification and certification requirements do not apply to the solid phase. Separation may be acceptable pretreatment if the liquid phase is treated to meet treatment standards.
 
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.
 
08/24/1990LEAD AND ARSENIC WASTES TREATMENT STANDARDSMemo
 Description: Either the TCLP or extraction procedure (EP) can be used to demonstrate compliance with land disposal restrictions (LDR) treatment standards for lead and arsenic (SUPERSEDED: see 63 FR 28556; May 26, 1998). EP is no longer used for purposes of hazardous waste identification.
 
08/23/1990TREATMENT STANDARDS AND THE BEVILLE EXCLUSIONMemo
 Description: Waste with technology land disposal restrictions (LDR) treatment standard must be treated to that standard. If the method is incineration (INCIN), the waste must be treated in an incinerator subject to Part 264 Subpart O or Part 265 Subpart O. Restricted wastes sent to a Bevill device or a BIF is still subject to LDR notification. Discusses a proposal to determine if resides from the co-processing of Bevill raw materials and hazardous waste remain excluded (SUPERSEDED: see Section 266.100).
 
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.
 
08/15/1990TANK TREATMENT PROCESSESMemo
 Description: Circuit board manufacturing wastes can be F006 if electroplating is involved. Anodizing is electroplating. Chemical conversion coating is a non-electrical process and is not anodizing or electroplating for F006, F007, F008, F009. Wastewater is defined only for the land disposal restrictions (LDR). Containers and tanks storing hazardous waste (HW) before an off-site shipment are not wastewater treatment units (WWTUs). EPA did not intend to include containers in the definition of ancillary equipment. Generator accumulation starts when the waste first enters the container. HW sludge that is removed from a WWTU is subject to full regulation. A unit can be both a WWTU and an elementary neutralization unit (ENU). A wastewater treatment sludge is anything that precipitates or separates during treatment. F006 may be formed in an exempt unit.
 
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).
 
08/08/1990LAB PACKS - LAND DISPOSAL RESTRICTIONS ASPECTSMemo
 Description: P046, P111, and U163 may be incinerated in lab packs. Lab packs destined for incineration in fiber drums are not required to be placed in metal containers.
 
08/01/1990POINT OF GENERATIONQuestion & Answer
 Description: Co-mingled corrosive wastes (D002), which neutralize each other subsequent to the point of generation are individually subject to land disposal restrictions (LDR) (SUPERSEDED: wastes discharged under the CWA are not subject to land disposal restrictions; SEE ALSO: 61 FR 15660; 61 FR 33681).
 
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.
 
07/30/1990SUBMARINE REACTOR COMPARTMENTS - LAND DISPOSAL RESTRICTIONSMemo
 Description: Lead reactor compartments may meet the land disposal restrictions (LDR) treatment standard of macroencapsulation for D008, radioactive lead solids as generated. Compliance with the technology-based standard does not require that waste undergo TCLP analysis.
 
07/25/1990THIRD THIRD REVISIONS TO F024 TREATMENT STANDARDSMemo
 Description: Pending the effective date of revised F024 treatment standards or a correction notice establishing an immediate effective date, treatment standards promulgated in the Second Third remain in effect (SEE ALSO: current 268.40).
 
06/25/1990F024 REVISED TREATMENT STANDARDSMemo
 Description: The Third Third revised the F024 treatment standard from a concentration standard to incineration. Pending effective date for new standard or correction notice establishing an immediate effective date, the Second Third treatment standard remains in effect.
 
06/25/1990LEAD-BEARING WASTES TREATMENT STANDARDSMemo
 Description: The TC (toxicity characteristic) is effective 9/25/90. There are different TC compliance dates for LQG (9/25/90) and SQG (3/29/91). D008 (lead) wastes that fail TCLP but pass EP (extraction procedure) are considered in compliance with D008 treatment standard and can be land disposed (SUPERSEDED: see 63 FR 28556; 5/26/98).
 
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).
 
06/14/1990RCRA WASTE CLASSIFICATION OF LABORATORY STANDARDSMemo
 Description: F-listed solvent used to dissolve CCP to formulate lab standards use as an ingredient, not a solvent. Diluting or dissolving chemicals to make lab standard is not use. Discarded unused lab standards with P- or U-list chemicals are P-list or U-list hazardous waste if there is one active ingredient. The federal regulations do not require waste codes on the manifest, but the state may. If the waste is both listed and characteristic, it carries all applicable codes for land disposal restrictions (LDR) and incompatible waste.
 
06/01/1990THE DEFINITION OF F001-F005 WASTEWATERQuestion & Answer
 Description: The terms “solvent-water mixture,” “F001-F005 wastewater,” and “aqueous solvent waste” are equivalent for the purposes of land disposal restrictions (LDR) treatment standards for solvent wastewaters (SUPERSEDED: Section 268.2(f)(1) definition of solvent-water mixture deleted, see 61 FR 15588; April 8, 1996).
 
05/11/1990CONOCO PART B PERMITSMemo
 Description: Pending decision on land disposal restrictions (LDR) no-migration petition, a facility may dispose nonhazardous waste in a land disposal unit undergoing delay of closure after permit modification. If a no-migration petition is denied, the unit must undergo final closure unlessthe facility can receive nonhazardous waste.
 
05/08/1990Environmental Fact Sheet: Final Rule for Third Third Scheduled Wastes Completes Statutory Requirements for Land Disposal RestrictionsPublication
 Description: This fact sheet explains the fifth in the series of five land disposal restrictions (LDR) rulemakings. This rule establishes treatment standards and effective dates for Third Third wastes, including characteristic wastes and soft hammer wastes from the First and Second Third lists. The treatment standards apply to hazardous wastes that are land disposed, including those injected into deep wells.
 
05/08/1990Environmental Fact Sheet: Milestone! Fifth Rulemaking Finalizes Land Disposal RestrictionsPublication
 Description: This fact sheet discusses a final rule that completes a six-year program for land disposal restrictions (LDRs). The rule establishes treatment standards for wastes listed or identified before November 8, 1984. Hazardous waste management facilities must test treated waste to verify that it meets the standard, and land disposal facilities must ensure that all waste disposal complies with LDRs.
 
04/09/1990COAL ASH AS A SOLID WASTEMemo
 Description: EPA supports the beneficial use of coal ash (exempt under Section 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes) through Federal procurement guidelines and the use of fly ash as a stabilizing medium in setting land disposal restrictions (LDR) treatment standards. RCRA defines coal ash as a solid waste. States may regulate coal ash more stringently.
 
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).
 
03/07/1990WASTE CODES AND TREATMENT RESIDUESMemo
 Description: All residues (scrubber water) from burning listed hazardous waste carry a listing code via the derived-from rule (SEE ALSO: 66 FR 27266; 5/16/01). Land disposal restrictions (LDR) standards for derived-from waste are based on the original treatment standard. Where multiple treatment standards apply, the most stringent standard must be met for common constituents of concern.
 
03/01/1990TREATMENT STANDARDS FOR METHANOL WHICH DOES NOT MEET THE F003 LISTINGQuestion & Answer
 Description: A generator need not include the methanol treatment standard in the land disposal restrictions (LDR) notification for F003 waste xylene with traces of methanol used as a fuel. The use of a solvent as a reactant or ingredient is not solvent use meeting listing (SUPERSEDED: no treatment standard on notification, see new 268.7(a)(2)).
 
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.
 
02/13/1990RECYCLING OF K061 AS AN INGREDIENT IN CEMENTMemo
 Description: Discussion of the legitimacy of K061 as an exempt ingredient claim. K061 in cement is not exempt for reuse because it is used in manner constituting disposal. Discussion of a sham determination. K061 cement must meet land disposal restrictions (LDR) for high zinc treatment standard metal recovery and cannot be land disposed (SUPERSEDED: see 268.40). The land application presumption is rebuttable.
 
01/01/1990LAND DISPOSAL RESTRICTIONS - LAB PACKSQuestion & Answer
 Description: Lab packs containing restricted wastes are prohibited from land disposal. EPA has proposed alternate treatment standards for lab packs (SUPERSEDED: see 59 FR 48003; September 19, 1994).
 
12/20/1989APPLICABLE LAND DISPOSAL RESTRICTIONS TO REINJECTION OF TREATED CONTAMINATED GROUNDWATER UNDER CERCLA AND RCRA CORRECTIVE ACTIONSMemo
 Description: RCRA 3020 allows reinjection of contaminated groundwater that contained hazardous waste into aquifer from which it was withdrawn. Discusion of the applicability of land disposal restriction (LDR) treatment standards to the reinjection of treated contaminated groundwater associated with CERCLA and RCRA cleanup or corrective action.
 
12/20/1989RECYCLABLE MATERIALS WHERE PRECIOUS METALS ARE RECLAIMEDMemo
 Description: Recyclable materials such as precious metals that are subject to Part 266 are also subject to the 268.7 land disposal restrictions (LDR) notification, certification and demonstrations unless specifically exempted from Part 268 in Part 261 or Part 268. Recyclable materials listed in 261.6(a)(3) are exempt from Part 268 LDR paperwork requirements.
 
11/28/1989CALIFORNIA LIST HOC LAND BAN REGULATIONSMemo
 Description: Household hazardous waste (HHW) regulated on the state level is not subject to the Federal land disposal restrictions (LDR) program. Nonliquid waste containing one halogenated organic compound (HOC) must be incinerated unless a more specific treatment standard exists for the HOC. Nonliquid wastes with multiple HOCs must be incinerated unless a specific treatment standard has been established for at least one HOC in waste (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
11/17/1989RECYCLING OF LEAD-ACID BATTERIESMemo
 Description: Restricted wastes, like lead-acid batteries, may be stored on the land in tanks or containers (i.e., land disposed) without meeting treatment standards if done solely to accumulate as necessary to facilitate proper recovery, treatment, or disposal. Storage must comply with all storage standards, such as secondary containment. the Battery shell (casing/housing) is the container (SEE ALSO: Part 273).
 
11/13/1989APPLICABILITY OF RCRA LAND DISPOSAL RESTRICTIONS TO CERCLA RESPONSE ACTIONSMemo
 Description: Excavation and redeposition of hazardous waste into the same unit or area of contamination (AOC) at a CERCLA site is not land disposal. Groundwater removed from a CERCLA site and disposed in an UIC well offsite is subject to land disposal restrictions (LDR). Contaminated groundwater injected into aquifer from which it was withdrawn is exempt from LDR.
 
10/01/1989LAND DISPOSAL RESTRICTIONS: POINT OF GENERATIONQuestion & Answer
 Description: Accidentally released transformer oil is first generated when spilled onto concrete. Waste must first be RCRA hazardous to be prohibited from land disposal under the California list PCB prohibitions (SUPERSEDED: California list removed, see 62 FR 25997; May 12, 1997) (SEE ALSO: Section 261.8).
 
09/12/1989EXCLUSIONS FOR K-WASTES DENIED (LACLEDE STEEL)Memo
 Description: Iron sulfate by-product reclaimed from K062 that is used as an effective substitute for a CCP becomes an unregulated product unless it is to be used on the land. If it is used in a manner constituting disposal, it must meet the land disposal restrictions (LDR) treatment standards prior to placement on the land. K062 that is reclaimed is not eligible for the 261.4(a)(7) exclusion because this activity does not involve the production of virgin sulfuric acid. K062 that is being reclaimed before reuse is not eligible for the 261.2(e) exclusion from the definition of solid waste. Closed-loop recycling only applies to wastes that are piped, not trucked. Secondary materials stored in a closed-loop system are not solid wastes, however, wastes from the management of these secondary materials are solid wastes and are subject to Subtitle C. Non-product residues derived from K062 reclamation are still K062.
 
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.
 
05/03/1989INCINERATOR RESIDUES/RECYCLING DEFINED/ACCUMULATIONMemo
 Description: Soft hammer certifications are required when waste or residues are land disposed. An incineration facility must perform an analysis of residues. A waste sent for recycling is subject to land disposal restrictions (LDR) notification. Facilities storing waste to accumulate sufficient quantities are still subject to all other regulatory requirements.
 
05/03/1989RECYCLING ACTIVITIESMemo
 Description: An owner of the solvent and the recycler are cogenerators of the residue that is generated from the mobile recycling unit. Generators are generally only required to notify once. If the recycler takes on generator responsibilities, he needs an EPA ID number for that particular site. The mobile recycler does not need a permit. Generators may accumulate waste for up to 90 days without interim status or a permit. A generator must comply with 265 Subparts I or J for accumulation units as well as emergency response and training provisions. Wastes residues from recycling are newly-generated wastes with a new point of generation and are allowed a 90 day accumulation period. Waste residues are derived-from wastes, and are assigned the same EPA ID number as the waste from which they are derived. Even if a facility does not have a permit, the owner must comply with the land disposal restrictions (LDR) requirements.
 
03/03/1989CLARIFICATION OF THE SCOPE OF THE K088 LISTINGMemo
 Description: The K088 listing only applies to the carbon portion of the material contained inside the electrolytic reduction cell. Other materials contained in the pot are not within the scope of the listing. Newly listed wastes (e.g., K088) for which EPA has not established treatment standards are not subject to land disposal restrictions (LDR).
 
03/01/1989MIXED WASTE AND LAND BANQuestion & Answer
 Description: First third wastes mixed with radioactive wastes are not subject to the land disposal restrictions (LDR) until third third’s effective date. California list solvent and dioxin wastes mixed with radioactive wastes are subject to LDR (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97). Mixed waste is not subject to LDR in an authorized state that is not authorized to regulate mixed waste.
 
02/07/1989DROSS FROM ALUMINUM SMELTING USED IN MANUFACTURE OF CEMENTMemo
 Description: The 261.4(b)(7) Bevill exclusion covers wastes from processing ores when the feedstock to smelter is greater than 50% ore or mineral. Feedstock of greater than 50% scrap aluminum would not qualify. Aluminum dross is a by-product. Discussion of use of dross in the manufacture of cement as reclamation. If cement or aluminum dross by-product will be placed on the land or in a product that will be placed on the land, the material is a solid and hazardous waste subject to Part 266, Subpart C and must meet land disposal restrictions (LDR) treatment standards. Discussion of sham recycling (SEE ALSO: 63 FR 28556; 5/26/98).
 
01/11/1989APPLICABILITY OF LAND DISPOSAL RESTRICTIONS PAPERWORK TO NEUTRALIZED FILTER CAKEMemo
 Description: Neutralized phosphoric acid filter cake is subject to land disposal restrictions (LDR) tracking requirements because it did not meet California list prohibitions at the point of generation (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
01/06/1989HAZARDOUS WASTES CONTAINING HALOGENATED ORGANIC COMPOUNDS (HOCS)Memo
 Description: The California list prohibition applies only to listed or characteristic hazardous waste. The California list halogenated organic compound (HOC) prohibition applies to the HOCs listed in Part 268, Appendix III. The determination of HOC content is based on testing total waste analysis or by using knowledge (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
01/03/1989REGULATORY STATUS OF PERSONNEL PROTECTIVE EQUIPMENTMemo
 Description: Contaminated clothing and similar debris are not solid wastes, but may be regulated under the contained-in policy. If contamination cannot be removed, clothing must be treated to meet the land disposal restrictions (LDR) treatment standards prior to disposal. The empty container rule does not apply to contaminated clothing and personal protective equipment (PPE).
 
12/23/1988HAZARDOUS WASTE MANAGEMENT CAPACITY AND RCRA CONSISTENCY ISSUESMemo
 Description: The CERCLA capacity assurance process under 104(c)(9) ensures that states have adequate capacity to manage hazardous wastes. EPA may withdraw authorized states RCRA programs if the state has unreasonable restrictions on interstate waste movements or fails to use a uniform manifest.
 
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).
 
11/28/1988APPLICABILITY OF PERMITTING TO SPENT LEAD-ACID BATTERY RECYCLINGMemo
 Description: Pieces of lead metal from batteries can be scrap metal. The exemption no longer applies if metal pieces are mixed with other wastes that are regulated. Wastes derived from spent materials are spent materials. Some lead-acid battery components are not solid wastes when reclaimed. Discussion of the regulatory status of reclaimed battery components. Discussion of the EPA analysis of the regulatory status of 16 materials from spent lead-acid battery recycling, including battery acid, plastic chips, metal battery pieces, and lead sulfates. Spent lead-acid battery components used to produce fertilizer are used in a manner constituting disposal. Fertilizer produced for the general public's use that meets land disposal restrictions (LDR) treatment standards is no longer subject to regulation (SEE ALSO: Part 273).
 
11/21/1988FLUFF RESIDUALS FROM FERROUS METALS RECYCLING (AUTOMOBILE SHREDDING)Memo
 Description: Fluff residual from automobile shredding may commonly exhibit extraction procedure (EP) toxicity (SUPERSEDED: See 261.24) for lead. Other metals of concern include cadmium and chromium. PCB contamination may subject the fluff to additional regulation under TSCA. Hazardous waste fluff is subject to California list if it equals or exceeds halogenated organic compound (HOC) prohibition levels (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
11/16/1988CASE-BY-CASE EXTENSIONS OF LAND DISPOSAL RESTRICTIONS EFFECTIVE DATESMemo
 Description: EPA is aware of special problems in storing dioxin-containing wastes since no facilities are permitted to treat or dispose of these wastes. Discussion of notice of information needed to process case-by-case extension application.
 
11/01/1988“SOFT HAMMER” CERTIFICATIONS/DEMONSTRATIONSQuestion & Answer
 Description: Both generators and treaters of first third “soft hammer” wastes are responsible for meeting the 268.8 demonstration and certification requirements for the shipment of treatment residue (ash) shipped from an incinerator.
 
10/28/1988APPLICABLITY OF LAND DISPOSAL RESTRICTIONS TO WASTES THAT ARE MOVED AND PLACED INTO ANOTHER LAND DISPOSAL UNITMemo
 Description: Hazardous waste removed from disposal units and placed in different land based units during remediation activities must meet land disposal restrictions (LDR) treatment standards for all applicable waste codes. Discussion of active management (SEE ALSO: 264, Subpart S).
 
09/01/1988LAND DISPOSAL RESTRICTIONS - FIRST THIRDQuestion & Answer
 Description: Includes a historical description of the land disposal restrictions (LDR) requirements for generators of first third “soft hammer” wastes.
 
08/11/1988EXTENSION OF APPLICABLE EFFECTIVE DATE OF THE LAND DISPOSAL RESTRICTIONSMemo
 Description: A petitioner requesting a land disposal restrictions (LDR) case-by-case extension must address on-site and off-site capacity, demonstrate a contractual commitment to provide alternate protective capacity, and describe in detail site-specific information on alternate capacity. EPA can request additional facility information.
 
08/11/1988WASTE TREATMENT FACILITIES ACCEPTING F006 ELECTROPLATING WASTESMemo
 Description: Waste treatment and disposal facilities may temporarily reject waste that is subject to the new land disposal restrictions (LDR) treatment standards until the TSDF makes the appropriate process changes to meet regulatory requirements.
 
07/19/1988EFFECT OF LAND DISPOSAL RESTRICTIONS ON TRANSFER OF WASTE DURING FACILITY CLOSUREMemo
 Description: Transferring waste between units at an active facility or during closure is land disposal and triggers the land disposal restrictions (LDR) treatment requirements. In-situ treatment or movement of waste within the unit is not placement and so waste is not subject to LDR treatment standards.
 
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.
 
06/13/1988MIXED WASTE DISPOSAL FROM RADIOACTIVE MATERIALS MANUFACTURING OPERATIONSMemo
 Description: There is no disposal capacity or treatment technologies available for radioactive mixed waste. Therefore, storage may be the only waste management option for mixed waste (SEE ALSO: RPC# 9/28/90-01). Mixed wastes are not subject to federal regulation until a state obtains authorization to regulate the hazardous component of mixed waste.
 
06/13/1988SMALL-VOLUME MIXED WASTE LABORATORY GENERATED MATERIALS AND LEADMemo
 Description: There is no disposal capacity or treatment technologies available for radioactive mixed waste. Therefore, storage may be the only waste management option for mixed waste (SEE ALSO: RPC# 9/28/90-01). Mixed wastes are not subject to federal regulation until a state obtains authorization to regulate the hazardous component of mixed waste.
 
05/13/1988INTERPRETATION OF 40 CFR 268.7 REQUIREMENTSMemo
 Description: Listings depend on how materials are used in a process, not only on the hazardous constituents. Restricted wastes that are treated, stored, disposed on site or sent off site are subject to the testing, recordkeeping, and manifest requirements. Wastes sent to a recycling facility are subject to the land disposal restrictions (LDR). Treatment residues are subject to LDR notification (SEE ALSO: 62 FR 25997; 5/12/97).
 
05/13/1988LAND DISPOSAL RESTRICTIONS TESTING AND RECORD KEEPING REQUIREMENTSMemo
 Description: Listings depend on how materials are used in a process, not only on the hazardous constituents. Restricted wastes that are treated, stored, disposed on site or sent off site are subject to the testing, recordkeeping, and manifest requirements. Wastes sent to a recycling facility are subject to the land disposal restrictions (LDR). Treatment residues are subject to LDR notification (SEE ALSO: 62 FR 25997; 5/12/97).
 
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).
 
05/01/1988LAND DISPOSAL RESTRICTIONS - MANIFEST REQUIREMENTSQuestion & Answer
 Description: The manifest number information that is required in the land disposal restrictions (LDR) notification provisions is not necessary for those waste shipments which are not required to have manifests (SEE ALSO: 268.7(a)(10)).
 
04/05/1988TESTING REQUIREMENTS AND SOLIDIFICATION ISSUES UNDER LAND DISPOSAL REQUIREMENTSMemo
 Description: The regulations do not require a specified frequency of testing for TSDFs or on-site disposal facilities. Generators must follow the waste analysis plan. Solidification may be considered dilution if the hazardous constituents are not immobilized. Performance based treatment standards may be met using any technology.
 
04/01/1988DILUTION OF LAND DISPOSAL RESTRICTED WASTEQuestion & Answer
 Description: The dilution prohibition does not affect other regulatory provisions which may allow dilution. The mixing of F003 with a nonhazardous wastes in order to render it nonhazardous is a legitimate treatment. The dilution prohibition does not allow mixing as a substitute for adequate treatment (SEE ALSO: 57 FR 37210; 8/18/92).
 
04/01/1988NOTIFICATION REQUIREMENTS FOR RECYCLABLE MATERIALSQuestion & Answer
 Description: Recyclable materials in 261.6(a)(2), such as precious metals, are subject to land disposal restrictions (LDR) notification since 261.6(a)(2) does not specifically exempt them from Part 268. Recyclable materials in 261.6(a)(3) are not subject to Part 268.
 
03/30/1988SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: Samples taken from turbid groundwater may not be valid. Proper well development requires that wells be clay and silt free. Discusses the use of polyvinyl chloride (PVC) in well construction, the calculation of purge volume, and Part 264, Appendix IX. An accelerated groundwater monitoring schedule can be used to bring a facility into compliance. The maintenance of a groundwater monitoring network may include the redevelopment of a well. Well maintenance should be included as a permit condition. Replacement units (e.g. landfills and surface impoundments) must be retrofitted to meet the minimum technological requirements. If a proposed alternative to a double liner does not meet the requirements of 264.221(c), the location characteristics or operating practices must compensate for the deficiency. A redundant flexible membrane bottom liner may be equivalent to the 3004(o)(5)(B) interim statutory design, thus meeting the 3004(o)(1) minimum technological requirements. Addresses the use of the Hydrologic Evaluation of Landfill Performance (HELP) model v. Moore’s Equation for calculating leachate volume when designing a collection system, the proposed modifications to the cap design to reduce erosion potential, and the use of a test plot to support alternative landfill design cover. A high-density polyethylene liner must be supported by a stable base. An owner of a petroleum refinery undertaking a land treatment demonstration must fully characterize the waste, including addressing the Skinner List constituents in the waste analysis plan. A properly conducted land treatment demonstration should include an evaluation of the waste degradation, transformation, and immobilization, as well as a toxicity study. A land treatment unit cannot accept sludges containing high concentrations of water if the soil moisture conditions cause saturation of the unit. Discusses the selection of principal hazardous constituents for a land treatment unit. An owner of a land treatment unit who has not demonstrated satisfactory treatment of hazardous constituents may need to close the unit. Addresses the presence of a high water table at a land treatment unit and the possible responses. An owner of an existing interim status land treatment unit may be eligible for an immediate full-scale permit if the land treatment demonstration addresses all of the necessary requirements. In states that are authorized for the RCRA base program but not for the HSWA provisions, construction cannot begin at a new facility until both the state and EPA permits are issued. The land disposal restrictions (LDR) program is a self-implementing portion of HSWA, superseding the permit as a shield provision. Permit content should be edited for applicability, importance, clarity, and precision prior to issuance. A minimum detection limit (MDL) can be used to establish background as a groundwater protection standard. Any component required in a RCRA facility investigation (RFI), such as monitoring releases not requiring immediate response, should be included as a permit condition. Monitoring wells installed as part of a HSWA corrective action may be designated as point of compliance wells. Permits containing corrective action conditions for groundwater treatment programs must specify methods of handling groundwater containing hazardous waste and must include pumping and removal requirements. Air stripping may not be an appropriate treatment method for groundwater contaminated with methyl isobutyl ketone. A permit or 3008(h) order should address the air emissions from treatment units such as an air stripper. Includes criteria for the referral of facilities to the Agency for Toxic Substances aND DISEASE REGISTRY (ATSDR) UNDER 3019. Emerging technologies, such as in-situ bio-reclamation, should be demonstrated as effective in pilot-scale field studies prior to approval. 264 Subpart F compliance monitoring standards should be applied to the verification monitoring at solid waste management units (SWMUs) during corrective action. A HSWA corrective action pe
rmit may include a technical feasibility clause discontinuing the program once contaminant levels can no longer be reduced. EPA discourages the approval of a waiver allowing the disposal of nonhazardous waste in a landfill that has lost interim status.
 
03/09/1988PROPOSED BEST DEMONSTRATED AVAILABLE TECHNOLOGY (BDAT) FOR K061 WASTEMemo
 Description: Zinc oxide collected in a baghouse that is sold as a product is no longer derived from K061. Calcining residuals from K061 wastes may exhibit a characteristic. The use of a K061 treatment residual as roadbed and anti-skid material is use in a manner constituting disposal (SEE ALSO: 266.20(c), 59 FR 67256; 12/29/94). The K061 treatment standards are performance standards that are based on a Best Demonstrated Available Technology (BDAT) of high temperature metals recovery (HTMR). EPA does not require or recommend the use of any specific class of high temperature metals.
 
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.
 
02/22/1988WASTES CONTAINING F001-F005 CONSTITUENTSMemo
 Description: A mixture with hazardous waste (HW) that is listed solely for a characteristic is not HW if the mixture is not characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). A mixture of F001, D001 carries all applicable codes. A listed solvent constituent in a wastestream does not automatically render a waste HW. It is HW only if it meets the F001-F005 descriptions. If it is HW, it is subject to the land disposal restrictions (LDR). If a transporter mixes wastes of different DOT shipping descriptions, the transporter becomes the generator of new waste.
 
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.
 
01/21/1988DRAINAGE WATER BENEATH LAND TREATMENT UNITS - NO MIGRATION PETITIONSMemo
 Description: “No migration” must be demonstrated for all media, surface water and air. Ditches or pipes used to conduct leachate or runoff from the unit must be addressed in the land disposal restrictions (LDR) petition. Information from a RCRA facility investigation (RFI) is not sufficient. Groundwater contaminated with hazardous waste leachate must be managed as hazardous waste (SEE ALSO: RPC# 11/13/86-02).
 
01/02/1988DRAINAGE WATER BENEATH LAND TREATMENT UNITS AT OIL REFINERIESMemo
 Description: Groundwater containing hazardous leachate from a land treatment unit is hazardous. Liners, ditches, and pipes are extensions of the land treatment unit for a no migration petition. A Part B demonstration does not replace a no migration petition. A RCRA facility investigation (RFI) does not replace an evaluation of air emissions in a no migration petition.
 
12/10/1987EXEMPTION FOR WASTEWATER DISCHARGES AND GENERATOR ACCUMULATION PROVISIONSMemo
 Description: EPA does not have groundwater discharge guidelines, but facilities are subject to regulations that are designed to prevent releases to groundwater. EPA has corrective action and enforcement authority to respond when releases do occur (3004(u), 3008(a), 3008(h) and 7003). Hazardous wastewaters are subject to RCRA prior to industrial point source CWA discharge, including the land disposal restrictions (LDR).
 
12/10/1987LAND DISPOSAL OF SOLVENTSMemo
 Description: EPA does not have groundwater discharge guidelines, but facilities are subject to regulations that are designed to prevent releases to groundwater. EPA has corrective action and enforcement authority to respond when releases do occur (3004(u), 3008(a), 3008(h) and 7003). Hazardous wastewaters are subject to RCRA prior to industrial point source CWA discharge, including the land disposal restrictions (LDR).
 
12/03/1987PAINT FILTER LIQUIDS TEST USED TO DETERMINE COMPLIANCE WITH THE CALIFORNIA LIST RESTRICTIONSMemo
 Description: EPA is considering the use of the paint filter liquids test, the extraction procedure, and the Toxicity Characteristic Leaching Procedure to determine compliance with the statutory California List land disposal restrictions (LDR) prohibition levels (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
12/01/1987LAND DISPOSAL RESTRICTIONSQuestion & Answer
 Description: State-listed hazardous wastes that are not federally regulated are not subject to the federal land disposal restrictions (LDR). EPA cannot enforce authorized state requirements which are broader in scope than the federal RCRA program.
 
11/18/1987APPROPRIATE TREATMENT METHODS FOR ELEMENTAL MERCURYMemo
 Description: California list wastes containing mercury must be treated to below the land disposal restrictions (LDR) prohibition level or rendered nonliquid (SUPERSEDED: 55 FR 22675; 6/1/90) (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97). Solidification where reagents are added to immobilize constituents is legitimate treatment and not dilution provided it immobilizes or chemically fixes waste rendering it nonliquid, or reduces the concentration below the prohibition level. EPA prefers waste minimization .
 
11/18/1987TCLP IN THE LAND DISPOSAL RESTRICTIONS PROGRAM AND HAZARDOUS WASTE IDENTIFICATION PROGRAMMemo
 Description: TCLP was created for the land disposal restrictions (LDR) program for testing for solvents and dioxins, and for the toxicity characteristic.
 
11/13/1987PERMIT COMPLIANCE/ENFORCEMENT ISSUES (REG. X); REGION X'S RECOMMENDED REVISION OF 40 CFR 270.4(A) AND 270.32(B)(1)Memo
 Description: Self-implementing facility standards imposed by HSWA as well as the land disposal restrictions (LDR) apply to all permitted facilities despite the permit as a shield provision, except in those cases where the self-implementing requirements have been incorporated into the permit.
 
11/13/1987SOLIDIFICATION OF CALIFORNIA LIST LIQUID WASTES AND THE DILUTION PROHIBITIONMemo
 Description: Solidification techniques that immobilize hazardous constituents are legitimate treatments. The addition of reagents must aid in the treatment in order to be legitimate treatment and not impermissible dilution. Solidified California list liquid wastes are no longer subject to the land disposal restrictions (LDR). Discusses the applicability of the California list to liquid metal-bearing and cyanide-containing wastes (SUPERSEDED: see 268.42(a)) (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
11/01/1987LAND DISPOSAL RESTRICTIONSQuestion & Answer
 Description: When a constituent is subject to more than one treatment standard, the standard (and effective date) for the more specific constituent applies. A waste with two or more treatment standards due to different constituents will be subject to the land disposal restrictions (LDR) on the respective effective dates (SEE ALSO: 268.40(c)).
 
10/28/1987COMPLIANCE WITH CALIFORNIA LIST FINAL RULEMemo
 Description: Generators managing restricted waste must send the land disposal restrictions (LDR) notification to the treatment facility (SEE ALSO: See 62 FR 25997; 5/12/97). The notification must include the appropriate treatment standard and the California list prohibitions (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97). The notification information may be placed on the manifest.
 
10/28/1987NOTIFICATION REQUIREMENT WHEN SHIPPING RESTRICTED WASTES TO A STORAGE FACILITYMemo
 Description: Generators must determine if their waste is subject to the land disposal restrictions (LDR) at the point of generation through analysis or knowledge of the waste. Facilities are required to send LDR notification with each waste sent to an off-site storage facility (SUPERSEDED: 62 FR 25997; 5/12/97).
 
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).
 
10/02/1987EXTENSIONS TO STORAGE PROHIBITION AND LAND DISPOSAL RESTRICTIONSMemo
 Description: Discusses a request for a case-by-case extension of the effective date of land disposal restrictions (LDR) for low-level radioactive mixed waste that is to be incinerated. RCRA does not allow an extension of the effective date of the 3004(j) storage prohibition (SEE ALSO: 64 FR 63464; 11/19/99).
 
10/01/1987EXPORT OF RESTRICTED WASTEQuestion & Answer
 Description: Generators must send land disposal restrictions (LDR) notification and/or certification with each shipment of waste even if the waste is to be exported (SUPERSEDED: See 62 FR 25997; 5/12/97). The waste analysis, recordkeeping, and notification requirements apply when the generator handles restricted wastes, regardless of whether the waste will be land disposed.
 
09/15/1987LAND DISPOSAL RESTRICTIONS EFFECT ON PERMITSMemo
 Description: Certain HSWA provisions, such as the land disposal restrictions (LDR), supersede the permit as a shield provision and apply to all facilities regardless of their current permit conditions.
 
09/04/1987RESTRICTED WASTE DEFINITIONMemo
 Description: A restricted waste is subject to the land disposal restrictions (LDR) even if accompanied by a delayed effective date. The initial generator must determine if the waste is restricted. If a facility treats waste to meet the treatment standard or if the waste meets the treatment standard upon generation, certification may be required.
 
09/01/1987LAND DISPOSAL RESTRICTIONS - CALIFORNIA LISTQuestion & Answer
 Description: An off-site shipment of a California list hazardous waste must be accompanied by a manifest, even if the waste code which makes it hazardous is not restricted (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97). Sludges which result from the treatment of restricted characteristic wastewaters and are destined for reclamation are not subject to the land disposal restrictions (LDR) because they are not solid wastes (SUPERSEDED: see 58 FR 29860; 5/24/93) (SEE ALSO: 60 FR 43654; 8/22/95).
 
09/01/1987LAND DISPOSAL RESTRICTIONS - CORROSIVE WASTEQuestion & Answer
 Description: A decharacterized waste is not regulated as a hazardous waste and is not subject to the land disposal restrictions, including notification (SUPERSEDED: See 268.9(d)).
 
09/01/1987LAND DISPOSAL RESTRICTIONS - HALOGENATED ORGANIC CARBONS (HOCS)Question & Answer
 Description: California List halogenated organic compound (HOC) wastes that are also F001-F005 wastes are subject to more specific solvent treatment standards and effective dates. Wastes containing constituents with different treatment standards are subject to both standards on their respective effective dates (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.
 
07/21/1987F003 10% RULE AND ASSOCIATED REGULATIONSMemo
 Description: Discarded, used paint thinner that is 80% xylene, 9% toluene, and 11% glycol ethers before use is ignitable (D001) not F003, F005. Ignitable solvent rags are not subject to the land disposal restrictions (LDR) until third third (SEE ALSO: 55 FR 22520; 6/1/90 and RPC# 2/14/94-01).
 
07/16/1987CASE-BY-CASE EXTENSION PETITION, INFORMATION REQUIREDMemo
 Description: Includes an overview of the requirements that facilities must meet to receive a case-by-case extension to the effective date of the land disposal restrictions (LDR). A surface impoundment or landfill managing waste during an extension must meet the minimum technological requirements (MTR).
 
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.
 
07/02/1987FEDERAL POLICY REGARDING DIOXIN DISPOSALMemo
 Description: Includes a clarification of the federal policy on the disposal of dioxin and dioxin- contaminated material, a summary of EPA efforts to regulate dioxin under CWA, CERCLA, and RCRA, and a description of F-listed dioxin wastes (F020, F021, F022, F023, F027, F028).
 
07/01/1987CALIFORNIA LISTQuestion & Answer
 Description: The California List prohibition on nickel applies whether the nickel is contained chemically or physically in hazardous wastes. The ban is based on the total concentration of nickel in filtrate generated using the paint filter liquids test. A facility can precipitate nickel to a lower concentration in wastewater (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
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.
 
06/26/1987TREATMENT AND DISPOSAL METHODS FOR LOW-LEVEL WASTES THAT CONTAIN UNCONTAMINATED OR RADIOACTIVE LEADMemo
 Description: Activated lead may be stored to allow radioactive decay prior to disposal as a hazardous waste. Mixed waste storage requires a permit. Surface-contaminated lead may be decontaminated. EPA may establish below regulatory concern (BRC) levels for radiation. Container liners used as shielding in low-level waste disposal are not RCRA-regulated. Encapsulation may be a viable treatment for lead wastes if the process results in a product that will not degrade after disposal (SEE ALSO: 64 FR 63464; 11/19/99).
 
06/22/1987STATUS OF WASTES LISTED SOLELY FOR A CHARACTERISTIC UNDER THE MIXTURE RULEMemo
 Description: F003 distillation still bottoms are hazardous waste via the derived-from rule, regardless of characteristics (SUPERSEDED: 66 FR 27266; 5/16/01). F003 is no longer listed if it is mixed with a solid waste and is not characteristic. The mixture rule does not specify what kind of solid waste can be mixed with it (SEE ALSO: 268.3).
 
06/18/1987CALIFORNIA LIST LAND DISPOSAL RESTRICTIONS ARE APPLICABLE TO LIQUID WASTESMemo
 Description: Lead plastic bags are not subject to the land disposal restrictions (LDR) California list prohibition for liquid hazardous wastes that contain lead or lead compounds (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
06/12/1987WASTE ANALYSIS REQUIREMENTS IN INCOMING WASTE SHIPMENTS - LDRMemo
 Description: Land disposal facilities do not have to test each shipment of incoming waste for the land disposal restrictions (LDR). A facility’s waste analysis plan must specify procedures for testing and inspections. A disposal facility must obtain a detailed analysis of waste constituents from the generator or treater and should update it annually.
 
05/20/1987PAINT WASTES AND THE SPENT SOLVENT LISTINGSMemo
 Description: Paint or paint sludge waste from a painting operation where paint has been thinned with waste xylene is not F003. Spent xylene used to clean spray guns is F003. A mixture of F003 and paint sludge produces F003 waste via the mixture rule (SEE ALSO: 66 FR 27266; 5/16/01). Sludge from the treatment of F003 remains F003, even if it no longer contains a solvent. Sludge may be land disposed if it meets treatment standards.
 
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).
 
04/17/1987CLEAN SOLVENT FROM RECYCLED SOLVENT-CONTAINING WASTE - STILL BOTTOMSMemo
 Description: Clean solvent from a recovery process that is beneficially used is not a solid waste and is not subject to the land disposal restrictions (LDR). Still bottoms from solvent recovery are F-listed in 261.31 and are subject to Part 268.
 
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.
 
03/10/1987DISPOSAL FACILITY REQUIREMENTS FOR LAND DISPOSAL RESTRICTIONS CERTIFICATIONMemo
 Description: Generators must send land disposal restrictions (LDR) notification with each shipment for wastes with restricted constituents (SUPERSEDED: See 62 FR 25997; 5/12/97). If the waste can be disposed without treatment, generator certification is necessary. Disposal facilities must verify that restricted wastes meet treatment standards.
 
03/10/1987SOLVENT-CONTAINING WASTE SOLIDIFIED WITH VERMICULITEMemo
 Description: EPA cannot grant extensions to the effective date of land disposal restrictions (LDR) to generators that need time to find treatment capacity for restricted wastes or if treatment is costly. If adequate treatment capacity does not exist, the generator may apply for a case-by-case extension.
 
03/01/1987LAND DISPOSAL RESTRICTIONS - CALIFORNIA WASTEQuestion & Answer
 Description: Includes an historical discussion of the California list prohibitions for halogenated organic compounds (HOCs) and the proposal to prohibit from land disposal liquid hazardous wastes containing between 1000 ppm and 10,000 ppm HOCs on 7/8/87 (SEE ALSO: RPC# 9/27/91-01, 52 FR 25760; 8/17/88) (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97).
 
03/01/1987SOLVENT MIXTURE RULEQuestion & Answer
 Description: Discusses the applicability of the solvent mixture rule to F003. Wastes that meet both the F003 and F005 listings must receive both waste codes on the manifest and on generator notification. A technical or commercial grade xylene solution meets the F003 listing.
 
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.
 
02/01/1987LAND DISPOSAL RESTRICTIONSQuestion & Answer
 Description: The one-year storage prohibition period for a generator with interim status for storage begins on the date when waste is first placed in the tank or container. An owner/operator bears the burden of proof for storing waste longer than one year. Wastes initially accumulated prior to the land disposal restrictions (LDR) are not subject to storage prohibitions.
 
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.
 
01/01/1987LAND 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).
 
12/05/1986SOLVENTS USED AS REACTANT AND SOLVENT WASTES GENERATED BY A PRODUCTION PROCESSMemo
 Description: Process waste containing xylene used as a reactant in the formulation of sodium xylenesulfonate CCP is not F003. Still bottoms from the distillation of excess reactant xylene are not F003. Spent xylene and still bottoms from xylene recovery are not U239. Characteristic still bottoms are not subject to the F001-F005 treatment standards promulgated in the solvents and dioxins rule (51 FR 40638; 11/7/86).
 
12/05/1986SOLVENTS USED AS REACTANT NOT LISTED AS SPENT SOLVENT OR COMMERCIAL CHEMICAL PRODUCTMemo
 Description: Process waste containing xylene used as a reactant in the formulation of sodium xylenesulfonate CCP is not F003. Still bottoms from the distillation of excess reactant xylene are not F003. Spent xylene and still bottoms from xylene recovery are not U239.
 
12/01/1986DILUTION OF F003 WASTESQuestion & Answer
 Description: If an F003 listed waste is mixed with a solid waste such that it no longer exhibits a characteristic, it is no longer subject to RCRA or the land disposal restrictions (LDR) (SUPERSEDED: SEE 57 FR 37210; 8/18/92 and 61 FR 15662; 4/8/96).
 
12/01/1986LAND DISPOSAL RESTRICTIONS - BDAT FOR WASTEWATERQuestion & Answer
 Description: Wastewaters are defined as solvent-water mixtures containing a total organic carbon of one percent or less (SUPERSEDED: See 268.2(f)(1)).
 
12/01/1986LAND DISPOSAL RESTRICTIONS - DILUTION TO MEET TREATMENT STANDARDSQuestion & Answer
 Description: Restricted wastes cannot be diluted to meet the treatment standards.
 
12/01/1986LAND DISPOSAL RESTRICTIONS - LAND DISPOSAL DEFINITION, LAB PACKS, CONDITIONALLY EXEMPT SQG WASTE, EMPTY CONTAINERSQuestion & Answer
 Description: An explanation of the section 3004(k) definition of land disposal. Because open burning and open detonation (OB/OD) are not land disposal, the land disposal restrictions (LDR) program does not apply to open burning/open detonation. The placement of wastes in vaults/bunkers for disposal is land disposal. If a lab pack contains a restricted waste, the entire lab pack is subject to the land disposal restrictions (LDR). CESQG waste is not subject to the land disposal restrictions (LDR). A container emptied in accordance with section 261.7 is not subject to the land disposal restrictions (LDR).
 
12/01/1986LAND DISPOSAL RESTRICTIONS - STORAGE OF RESTRICTED WASTESQuestion & Answer
 Description: A restricted waste may be stored for up to one year to facilitate proper recovery, treatment, or disposal. The owner/operator may store waste beyond one year but must bear burden of proof. The storage prohibition does not apply to delays due to maintenance, back-ups, or operational difficulties.
 
12/01/1986LAND DISPOSAL RESTRICTIONS - TREATED WASTESQuestion & Answer
 Description: Listed hazardous wastes treated to meet the land disposal restrictions (LDR) treatment standards may be land disposed. Treated listed wastes remain hazardous until or unless they have been delisted. Treated characteristic wastes that no longer exhibit a characteristic are not hazardous wastes.
 
12/01/1986LAND DISPOSAL RESTRICTIONS - TREATMENT STANDARDSQuestion & Answer
 Description: A discussion of how treatment standards in the Constituent Concentration in Waste Extract (CCWE) Table of section 268.41 were developed. The standards are based on performance of a Best Demonstrated Available Technology (BDAT). The explanation of BDAT.
 
12/01/1986LAND DISPOSAL RESTRICTIONS - TREATMENT STANDARDS FOR DIOXINSQuestion & Answer
 Description: The treatment standards for tri-, tetra-, and pentachlorophenols (PCP) are different than those for dioxins and dibenzofurans because their detection limits are different.
 
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.
 
11/20/1986CONTAMINATED GROUND WATER AND VOLATILES FROM AIR STRIPPING, TREATMENT OFMemo
 Description: Contaminated groundwater is not a solid waste but must be handled as if it were a hazardous waste if it contains hazardous waste (contained in policy). Units handling such groundwater must be hazardous waste units. Such units may be exempt from permitting under the section 270.72 changes during interim status. Volatile organics released to the air during remediation are not solid wastes, but a release of hazardous constituents is subject to section 3008(h) corrective action authorities. The statute requires both air and groundwater contamination to be addressed. (SEE ALSO: 264/265 Subparts AA, BB, CC). A 1977 spill from a UST is subject to section 9003 corrective action is not subject to section 3008(h). The spraying of treated waste on land is land disposal and is subject to the land disposal restrictions (LDR).
 
11/01/1986PROHIBITION ON STORAGE OF RESTRICTED WASTEQuestion & Answer
 Description: A generator of a restricted waste may still obtain a 30 day extension to a 90 day accumulation time limit. In addition, generators who need to store restricted waste for longer than 90 days to facilitate recovery, treatment, or disposal may qualify for interim status and apply for a permit.
 
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).
 
09/15/1986DEFINITION OF SOLID WASTEMemo
 Description: Ignitable discarded paint with xylene is D001 as the xylene is not spent F003, nor a discarded unused CCP (U239). A mixture of waste listed solely for a characteristic with a solid waste is not hazardous waste if the mixture is not characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). Spent toluene is F005, not F002. A pyridine osmium tetroxide mixture is not P- or U-listed because the mixture is not a pure or technical grade of the chemical or a sole active ingredient.
 
09/15/1986EFFECT OF LAND DISPOSAL RESTRICTIONS ON PERMITSMemo
 Description: The land disposal restrictions (LDR) apply to all disposal facilities regardless of any existing permit conditions. A permit does not shield a facility from the LDR. The self-implementing provisions under section 3004(e) of HSWA apply to solvents and dioxins.
 
08/11/1986CASE-BY-CASE EXTENSION UNDER THE LAND DISPOSAL RESTRICTIONS, INFORMATION REQUIREDMemo
 Description: An overview of information that EPA requires for receiving case-by-case extensions of the land disposal restrictions (LDR) effective date under section 3004(h)(3). Facilities can opt to use the treatment surface impoundment exemption under section 3005(j)(11).
 
07/01/1986LAND DISPOSAL PROHIBITIONQuestion & Answer
 Description: An overview of EPA’s original intentions regarding the land disposal restrictions (LDR). EPA will not categorically prohibit the land disposal of all hazardous waste. A discussion of permissible land disposal. Discusses the development and structure of treatment standards (SEE ALSO: Part 268).
 
06/24/1986AUTHORIZATION OF STATE PROGRAMS TO IMPLEMENT LAND DISPOSAL RESTRICTIONS PROGRAMSMemo
 Description: State programs can be more stringent or broader in scope. EPA can enforce in an unauthorized state. A memo of understanding or overfiling keep programs consistent. A discussion of generator counting of waste cartridges. A totally enclosed treatment waste is subject to the land disposal restrictions (LDR).
 
06/19/1986RISK-BASED METHODOLOGIES ON LAND DISPOSAL RESTRICTIONSMemo
 Description: A risk-based approach to the development of the land disposal restrictions (LDR) regulations is not appropriate because the statute contains presumption against the land disposal of untreated waste. Risk-based methodologies are an effective tool in developing regulations to identify hazardous waste.
 
06/12/1986BULK LIQUIDS AND DRAIN/LEACHING FIELDSMemo
 Description: Section 3004(c)(1) applies only to bulk liquid hazardous waste. the land disposal restrictions (LDR) limit the number of organic wastes placed on the land. Surface drain fields are regulated under RCRA as a land treatment facility, subsurface drain fields are regulated under SDWA.
 
05/01/1986TREATMENT WITHOUT A PERMITQuestion & Answer
 Description: Dilution is treatment, but the treatment in an accumulation tank or container under section 262.34 does not require a permit (SEE ALSO: 268.3, 268.7(a)(4)). A characteristic waste treated so it no longer exhibits a characteristic can be disposed of in a Subtitle D landfill (SEE ALSO: 268.9).
 
04/01/1986LAND DISPOSAL BANQuestion & Answer
 Description: The presence of solvent constituents in a non-listed waste does not subject the waste to solvents and dioxins land disposal restrictions (LDR). In order to be subject to the solvents land disposal restrictions, the waste must meet the F001-F005 solvent listings.
 
03/27/1986LAND DISPOSAL RESTRICTIONS HEARING ON FEB 24, 1986 RESPONSESMemo
 Description: Solvent-containing wastes going for disposal generally exceed the constituent treatment levels under the land disposal restrictions (LDR). Dioxin-containing wastes, including soils, will require treatment prior to disposal (SEE ALSO: 63 FR 28556; 5/26/98).
 
02/01/1986LAND DISPOSAL BAN OF SOLVENTSQuestion & Answer
 Description: New solvent wastes listed by 12/31/85 Federal Register (50 FR 53315) are subject to the land disposal restrictions (LDR) under authority of 3004(g)(4).
 
12/05/1985PROHIBITION ON PLACING LIQUIDS IN LANDFILLMemo
 Description: The addition of absorbent to a bulk liquid hazardous waste intended for disposal violates RCRA (SEE ALSO: 11/17/93-02). The land disposal definition for the land disposal restrictions (LDR) includes landfills (3004(k)). An authorized State must permit the landfill under RCRA to be a RCRA landfill, a deviation under state law does not constitute a RCRA permit.
 
10/07/1985MIXTURE OF CHARACTERISTIC WASTE AND LISTED WASTE, ASH FROM INCINERATIONMemo
 Description: A delisting decision considers all constituents in the original listing and other factors and constituents not in the original listing. A delisting applies to all listed wastes, including those listed for a characteristic. A mixture of solid waste and waste listed for characteristic is not hazardous waste if the mixture is not characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01)).
 
04/29/1985PURPOSE OF DELISING PROVISIONSMemo
 Description: Most wastes are listed because of toxic constituents. The presence of constituents for which a waste is listed is not the sole criterion for delisting. Hazardous waste (HW) mixed with nonhazardous waste is hazardous. Dilution of HW with nonhazardous diluent generally is not a reasonable treatment option (SEE ALSO: 268.3).
 
04/01/1985LAND DISPOSAL BANQuestion & Answer
 Description: EPA is developing procedures for no migration petitions.
 
03/27/1985HAZARDOUS WASTE TREATMENT TECHNOLOGIES, APPLICATION OFMemo
 Description: The basis of the land disposal restrictions (LDR) treatment standards. Discusses best demonstrated available technologies.
 
11/09/1984IMMEDIATE PERMIT REQUIREMENTSMemo
 Description: Historical permitting priorities due to HSWA and the land disposal restrictions (LDR) program are discussed. Permits in authorized states will be issued through joint permit processing until the states are authorized for the new provisions.
 
03/01/1984LAND DISPOSING SMALL QUANTITY GENERATOR WASTEQuestion & Answer
 Description: The February 15, 1984 advance notice of proposed rulemaking (49 FR 5854) does not ban land disposal of small quantity generator waste (SEE ALSO: 268.1(e)(1), 262.34(d)(4), RPC# 5/9/94-01).
 
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