Hazardous Waste Land Disposal Land Treatment Facilities

A new notification and certification are needed if the wastes in the lab pack change or if the receiving facility changes. If a generator manages and treats prohibited waste or contaminated soil in tanks, containers, or containment buildings to meet applicable LDR treatment standards found at 40 CFR The waste analysis plan must be based on a detailed chemical and physical analysis of a representative sample of the prohibited wastes being treated and contain all information necessary to treat the wastes in accordance with LDRs, including the selected testing frequency.

Wastes shipped off-site must comply with the notification and certification requirements for waste that does meet the applicable treatment standard. The plan must be kept on-site in the generator's records and made available to inspectors. Generators treating hazardous debris under the alternative treatment standards of Table 1 to 40 CFR They must retain a copy of the notification, certification if applicable , and the tolling agreement on-site for at least 3 years after termination or expiration of the agreement.

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The 3-year record retention period applies to solid wastes even when the hazardous characteristic is removed before disposal, or when the waste is excluded from the definition of hazardous or solid waste, or when it is exempted from hazardous waste regulation subsequent to its point of generation. Log in to view your state's edition. You are not logged in.

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Further, exhuming wastes for the purpose of installing liners in existing facilities may present far greater risks than continuing operation of an unlined facility. However, critics have pointed out that the regulations make no attempt to distinguish those situations in which retrofitting would not be dangerous or burdensome. EPA has requested comments on the scope of this exemption. Existing facilities are, however, subject to all other design and operating standards. These standards are roughly equivalent to the interim status standards under which existing facilities are now regulated, although in some cases they are expressed in terms of a more specific performance standard.

Included in these generally applicable design and operating standards are run-on and run-off control, 15 wind dispersal control, 16 restrictions on the disposal of ignitable and reactive wastes, 17 restrictions on the disposal of incompatible wastes, 18 restrictions on the disposal of liquids in landfills, 19 and final cover cap requirements for disposal facilities. New facilities may be eligible for an exemption from the liner system requirements based on a demonstration that "alternate design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents into groundwater or surface water at any future time.

The heart of the groundwater protection requirements is the assumption that significant leachate plumes reaching groundwater can and will be detected and removed [12 ELR ] through corrective action e.

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This requirement represents a significant step forward from the interim status standards, which mandate groundwater monitoring to detect contamination but do not establish a groundwater protection standard or prescribe a "cure" when contamination occurs. Although there is limited experience with corrective action to remove contamination from groundwater, this is likely to be a very expensive undertaking and should provide an economic incentive for owners and operators to employ designs and operating practices that minimize the chance that corrective action will be necessary.

The groundwater protection program is comprised of three phases — detection monitoring, compliance monitoring, and the corrective action program.

New facilities and existing facilities at which no groundwater contamination has been detected during the interim status period will initially begin in the detection monitoring phase. Monitoring is to be conducted in the uppermost groundwater aquifer at the waste management area boundary. This monitoring must continue throughout the facility's operating life and the post-closure care period normally 30 years after closure. If no statistically significant contamination over pre-established background levels is detected during this period, the owner or operator has fulfilled his permit responsibilities and may cease monitoring.

If detection monitoring indicates that leachate has reached groundwater, the second phase of the program, compliance monitoring, 23 is triggered. Once leachate is detected, the owner or operator must analyze groundwater for specific hazardous constituents that are known to be in the waste at the facility and determine their concentrations.

Appropriate hazardous constituents must be selected from a list of constituents promulgated by the Agency on May 19, EPA will then after a public hearing modify the permit to include a groundwater protection standard. This standard identifies the hazardous constituents for which monitoring must be conducted and the allowable concentration limits for these constituents. For the 14 hazardous constituents covered by the National Interim Primary Drinking Water Regulations NIPDWR , 25 under the Safe Drinking Water Act, 26 the allowable concentration limits are those which have been specified as the maximum concentration limits for drinking water, or background concentrations i.

For all other hazardous constituents, the concentration must not exceed background levels. However, the owner or operator has the opportunity to demonstrate that a concentration above background will not adversely affect human health and the environment. If a successful demonstration can be made for some or all hazardous constituents, the groundwater protection standard written into the permit will incorporate these alternate concentration limits. If the demonstration is not attempted or is unsuccessful, the standard for constituents other than the NIPDWR constituents is no statistically significant increase over background.

Compliance monitoring begins when leachate is detected and must continue for a number of years equal to the entire operating life of the facility. Thus, if a facility with an operating life of 20 years detects contamination in the 15th year of operation, compliance monitoring begins in the 15th year and continues for an additional 20 years. If the concentration limits established in the permit are not exceeded during this period, compliance monitoring ceases.

However, should the specified concentration limits be exceeded at any time during the compliance monitoring phase, a corrective action program must be instituted. If compliance monitoring indicates an excessive concentration of hazardous constituents, the owner or operator must immediately notify EPA and within six months submit an application for a permit modification for a corrective action program. The application must also include a groundwater monitoring scheme to verify the results of corrective action.

Corrective action must continue until groundwater quality at the waste management boundary is again within the limits established in the groundwater protection standard for the unit. Existing facilities at which contamination has been discovered prior to permit issuance i.

If concentrations exceed these established limits, corrective action must begin immediately. Corrective action requirements are described in terms of the performance to be achieved, namely returning the concentration of hazardous constituents in the groundwater to within established concentration limits by removing the hazardous constituents or treating them in place. The regulations do not specify what type of corrective action must be undertaken, leaving this open for a [12 ELR ] case-by-case determination. The preamble suggests that containment of contaminated groundwater via slurry walls is not adequate alone; however, the use of slurry walls with counter pumping may constitute an acceptable corrective action program.

Previously promulgated RCRA regulations 30 require owners and operators of land disposal facilities to establish financial assurances e. No similar requirements have been promulgated for the purpose of assuring that adequate resources are available for conducting corrective action, if it becomes necessary. However, establishing reasonable, yet adequate, financial assurance requirements is extremely difficult because of the uncertainties involved in predicting if or when corrective action will be necessary at a particular site.

The Agency does, in the preamble to the land disposal rules, request comments on the issue of financial assurances for corrective action.

While the groundwater protection measures are curative in nature, the design and operating requirements are aimed at preventing groundwater contamination. As mentioned previously, new landfills, surface impoundments, and waste piles are required to have liner systems; existing portions of these facilities are not. Liner systems must be designed to prevent any migration of wastes out of the facility into adjacent subsurface soil or groundwater or surface water during the facility's operating life and closure period. At storage facilities, migration of waste into the liner is acceptable, 32 because storage facilities, by definition, will remove all wastes and contaminated liners at closure.

This standard permits the use of single clay liners at waste piles and storage surface impoundments. Disposal facility liners, on the other hand, must be designed to prevent migration of wastes into the liner as well as the subsurface soil. EPA states in the preamble that, to its knowledge, only synthetic liners will meet this standard. Both new and existing surface impoundments and landfills must place a final cap on the facility at closure to minimize the infiltration of precipitation and run-on.

New landfills and waste piles are required to have leachate collection and removal systems to remove leachate generated during the operation of the facility and, in the case of landfills, during the post-closure care period. The new regulations include restrictions on the disposal of liquids in landfills that parallel the corresponding provisions in the interim status standards. Containers holding liquids may not be placed in landfills unless all free-standing liquid is absorbed, solidified, or otherwise eliminated. Air emissions from hazardous waste disposal facilities are not addressed except to the extent that the regulations require the control of wind dispersal of particulate matter.

The Agency commits itself, in the preamble, to further study of the problem of volatile gaseous emissions from disposal facilities and to regulatory action, if warranted. All hazardous waste management facilities in existence on November 19, were required to file a notification and Part A of a permit application with EPA. The actual permitting process begins when the Agency calls in Part B of a facility's permit application. Part B applications for land disposal facilities will be called in as soon as the standards become effective on January 26,