Introduction and Objectives
This information bulletin is intended to make Resource Conservation
and Recovery Act (RCRA) permit writers, inspectors, and the regulated
community aware of controls, conditions and sampling practices to
ensure and determine compliance with RCRA land disposal restrictions
(LDRs). LDRs include testing and recordkeeping requirements,
treatment standards, various prohibitions and other conditions that
ensure hazardous wastes are adequately treated before disposal, thereby
minimizing impact on human health and the environment. This
document is based on existing regulatory requirements, longstanding
guidance, and formal policy, and provides an overview of the basis of
LDR requirements. It focuses on strategies that permit writers and
facilities can use to improve RCRA permits and Waste Analysis Plans
(WAPs), as well as provides inspectors with tools to better determine
compliance with LDRs.
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This bulletin follows the Environmental Protection Agency (EPA)’s
review of 57 hazardous waste treatment facility WAPs and examination
of 14 facility LDR inspection sampling results, which revealed
insufficient LDR treatment verification sampling at many facilities and
high LDR failure rates in treatment residues. These extensive LDR
failures were likely caused by inadequate LDR treatment design and
operation in RCRA permit controls, insufficient WAP LDR treatment
verification sampling, or both. Protective waste disposal is achieved
where permit writers and facilities incorporate into permits both well-
designed and operated LDR treatment permit controls and adequate
WAP conditions to ensure LDR compliance, facilities operate their
waste treatment and analysis processes accordingly, and inspectors
conduct sampling to determine LDR compliance.
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This bulletin includes information and practices based on existing regulations and policy. This document does not constitute new policy and is
solely intended to provide guidance to federal and state regulators, and the regulated community, on implementing the RCRA Subtitle C regulations
and to provide policy advice and recommendations. As such, this document does not impose any legally binding requirements, and the use of such
phrases as “guidance,” “recommend,” “may,” “should,” and “can,” are not intended to impose or connote any legal obligations. Accordingly, this
document does not change or substitute for any law, regulation, or any other legally binding requirement and is not legally enforceable. The policies
described in this document may not apply to a particular situation based upon the circumstances, and EPA may deviate from or revise any of the
policies described in this document without prior notice to the public. While EPA has made every effort to ensure the accuracy of the discussion in
this document, the obligations of the regulated community are determined by statutes, regulations or other legally binding requirements. In the event
of a conflict between the discussion in this document and any statute or regulation, this document would not be controlling.
Waste Analysis Plans (WAPs)
A WAP establishes enforceable
hazardous waste sampling and
analysis procedures that a RCRA
permitted or interim status facility will
routinely conduct to ensure owners
and operators of treatment, storage,
and disposal facilities (TSDF) comply
with RCRA standards. Among other
things, the WAP provides the basis for
monitoring how a facility meets LDRs,
including mandatory requirements for
sampling by treatment facilities under
40 CFR 268.7(b) and disposal
facilities under 40 CFR 268.7(c). The
WAP regulations (40 CFR
264/265.13) state that before an
owner or operator treats, stores, or
disposes of any hazardous wastes, a
detailed chemical and physical
analysis of a representative sample of
the waste must be obtained and, at a
minimum, the analysis must contain
all the information which must be
known to treat, store or dispose of the
waste in compliance with applicable
requirements, including LDR
requirements.
U. S. Environmental Protection Agency
Ensuring and Determining Compliance with Land Disposal Restrictions
Through RCRA Permits, Waste Analysis Plans and Inspection Sampling
Practices
Information Bulletin