a) Applicability. An owner or operator must
comply with LDRs prior to placing soil that exhibits a characteristic of
hazardous waste or which exhibited a characteristic of hazardous waste at the
time it was generated into a land disposal unit. The following chart describes
whether an owner or operator must comply with LDRs prior to placing soil
contaminated by listed hazardous waste into a land disposal unit:
If the LDRs
|
And if the LDRs
|
And if
|
Then the owner or operator
|
Applied to the listed waste when it contaminated the
soil*.
|
Apply to the listed waste now.
|
-
|
Must comply with LDRs.
|
Did not apply to the listed waste when it
contaminated the soil*.
|
Apply to the listed waste now.
|
The soil is determined to contain the listed waste
when the soil is first generated.
|
Must comply with LDRs.
|
Did not apply to the listed waste when it
contaminated the soil*.
|
Apply to the listed waste now.
|
The soil is determined not to contain the listed
waste when the soil is first generated.
|
Needs not comply with LDRs.
|
Did not apply to the listed waste when it
contaminated the soil*.
|
Do not apply to the listed waste now.
|
-
|
Needs not comply with LDRs.
|
* For dates of LDR applicability, see Appendix G. To
determine the date any given listed hazardous waste contaminated any given
volume of soil, use the last date any given listed hazardous waste was placed
into any given land disposal unit or, in the case of an accidental spill, the
date of the spill.
b) Prior
to land disposal, contaminated soil identified by subsection (a) as needing to
comply with LDRs must be treated according to the applicable treatment
standards specified in subsection (c) or according to the universal treatment
standards specified in Section
728.148
and Table U applicable to the contaminating listed hazardous waste or the
applicable characteristic of hazardous waste if the soil is characteristic. The
treatment standards specified in subsection (c) and the universal treatment
standards may be modified through a treatment variance approved in accordance
with Section
728.144.
c) Treatment Standards for Contaminated
Soils. Prior to land disposal, contaminated soil identified by subsection (a)
as needing to comply with LDRs must be treated according to all the standards
specified in this subsection (c) or according to the universal treatment
standards specified in Section
728.148
and Table U.
1) All Soils. Prior to land
disposal, all constituents subject to treatment must be treated as follows:
A) For non-metals except carbon disulfide,
cyclohexanone, and methanol, treatment must achieve 90 percent reduction in
total constituent concentrations, except as provided by subsection
(c)(1)(C).
B) For metals and carbon
disulfide, cyclohexanone, and methanol, treatment must achieve 90 percent
reduction in constituent concentrations as measured in leachate from the
treated media (tested according to the TCLP) or 90 percent reduction in total
constituent concentrations (when a metal removal treatment technology is used),
except as provided by subsection (c)(1)(C).
C) When treatment of any constituent subject
to treatment to a 90 percent reduction standard would result in a concentration
less than 10 times the universal treatment standard for that constituent,
treatment to achieve constituent concentrations less than 10 times the
universal treatment standard is not required. The universal treatment standards
are identified in Table U.
2) Soils That Exhibit the Characteristic of
Ignitability, Corrosivity or Reactivity. In addition to the treatment required
by subsection (c)(1), prior to land disposal, soils that exhibit the
characteristic of ignitability, corrosivity, or reactivity must be treated to
eliminate these characteristics.
3)
Soils That Contain Nonanalyzable Constituents. In addition to the treatment
requirements of subsections (c)(1) and (c)(2), prior to land disposal, the
following treatment is required for soils that contain nonanalyzable
constituents:
A) For soil that contains only
analyzable and nonanalyzable organic constituents, treatment of the analyzable
organic constituents to the levels specified in subsections (c)(1) and (c)(2);
or
B) For soil that contains only
nonanalyzable constituents, treatment by the methods specified in Section
728.142
for the waste contained in the soil.
d) Constituents Subject to Treatment. When
applying the soil treatment standards in subsection (c), constituents subject
to treatment are any constituents listed in Table U, entitled "Universal
Treatment Standards", that are reasonably expected to be present in any given
volume of contaminated soil, except fluoride, selenium, sulfides, vanadium,
zinc, and that are present at concentrations greater than ten times the
universal treatment standard. PCBs are not constituents subject to treatment in
any given volume of soil that exhibits the toxicity characteristic solely
because of the presence of metals.
e) Management of Treatment Residuals.
Treatment residuals from treating contaminated soil identified by subsection
(a) as needing to comply with LDRs must be managed as follows:
1) Soil residuals are subject to the
treatment standards of this Section;
2) Non-soil residuals are subject to the
following requirements:
A) For soils
contaminated by listed hazardous waste, the RCRA Subtitle C standards
applicable to the listed hazardous waste; and
B) For soils that exhibit a characteristic of
hazardous waste, if the non-soil residual also exhibits a characteristic of
hazardous waste, the treatment standards applicable to the characteristic
hazardous waste.