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Land Disposal Restrictions

August 11, 2015

Are sediments from wastewater treatment and storage tanks required to follow land disposal restrictions (LDR) if they are nonhazardous but ignitable?

From the question you submitted, it seems that you have made the determination that the treatment and tank sediments are nonhazardous wastes. Therefore, you may be excluded from complying with the land disposal restrictions (LDR) simply by your determination that the sediment from the treatment and storage tanks is nonhazardous.

However, if the sediment from tanks that held D001 hazardous waste is subject to the “derived from rule” under 40 CFR 261.3(c)(2)(i) that states, “any solid waste generated from the treatment, storage, or disposal of a hazardous waste, including any sludge, spill residue, ash emission control dust, or leachate (but not including precipitation run-off) is a hazardous waste,” the sediment at your facility would be subject to hazardous waste regulations (including LDR). This could be applicable if the D001 ignitable waste matches one of the listing descriptions set forth in 40 CFR 261.31 to 261.33.

Alternatively, the sediment may meet an exclusion depending on whether your waste, in addition to being ignitable (D001), is also a listed waste under 40 CFR 261. If it is a listed waste, it is possible that it can be excluded and deemed a nonhazardous waste because the waste is no longer exhibiting hazardous waste characteristics. For example, under 40 CFR 260.3(g)(1), a hazardous waste that is listed in subpart D of 40 CFR 261 solely because it exhibits one or more characteristics of ignitability as defined under 40 CFR 261.21 is not a hazardous waste, if the waste no longer exhibits any characteristic of hazardous waste identified in subpart C of 40 CFR 261.

This exclusion also applies to a mixture of solid waste and a hazardous waste that is listed in subpart D of 40 CFR 261 solely because it exhibits the characteristics of ignitability as regulated under paragraph (a)(2)(iv) of 40 CFR 261.3 and applies also to any solid waste generated from treating, storing, or disposing of a hazardous waste that is listed in subpart D of 40 CFR 261 solely because it exhibits the characteristics of ignitability as regulated under 40 CFR 261.3(c)(2)(i).

Even though your waste may be excluded, the waste remains subject to LDR even if it no longer exhibits a characteristic (ignitability, D001) at the point of land disposal. See 40 CFR 260.3(g)(3).

Either way, it seems that your waste is subject to LDR if it is “derived from” a hazardous waste or meets one of the hazardous waste exclusions.

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