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Document Record Detail



Full Document:
Title:CLARIFICATION OF THE RCRA "CONTAINED-IN" POLICY
RCRA Online Number:11948
Date:09/15/1995
To:Wright
From:Shapiro
Organization of Recipient:Monsanto Company
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).
Regulatory Citation(s) : 261.2, 268.1 EXIT disclaimer
Statutory Citation(s):NA Read US Code 42, Chapter 82 EXIT disclaimer
Topic(s):Cleanup (RCRA); Disposal; Hazardous Waste; Hazardous Waste Recycling; Land Disposal Restrictions; Treatment; Variances; Corrective Action (RCRA)
Approximate Number of Hardcopy Pages:4
EPA Publication Number:NA
RPPC Number (if applicable): 9441.1995(32)
Official OSW Policy:Yes

 

 
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