Choosing the Right LDR Paperwork for Your Hazardous Wastes

If your site generates hazardous wastes, you will likely deal with Land Disposal Restrictions (LDRs) at some point. In a nutshell, hazardous waste may not be placed in a landfill or surface impoundment until it has been treated to make it safer for the environment. Because these hazardous wastes will sit in landfills for long periods of time, it's critical that the hazardous constituents in the waste are at a safe level before disposal. LDR treatment standards apply at the point of generation of a hazardous waste, and they continue to apply throughout the life of the waste—even if the waste is "de-characterized" so that it no longer meets the EPA's definition of "hazardous." [66 FR 27269, May 16, 2001]

Navigating the LDR rules is one of the most complex elements of managing RCRA hazardous waste, not least of all because of the paperwork involved. Let's take a look at the different types of documentation that may be required to meet your Land Disposal Restrictions responsibilities.

LDR Notifications vs. LDR Certifications [40 CFR 268.7(a)]

There are many different types of LDR documentation, but the two most common are "notifications" and "certifications." These two documents require similar pieces of information, but are used for very different reasons.

A "notification" is often referred to as a "land ban form." The land ban form is used when your waste has been sent to a treatment, storage, and disposal facility (TSDF), but does not yet meet LDR standards. In other words, the waste still requires treatment before it can go onto "the land" (e.g., a landfill or surface impoundment).

A "certification," on the other hand, is used when your waste already meets LDR standards when it arrives at the TSDF. This waste can be disposed of without further treatment. An LDR certification might be used when generators treat the waste in some way on their own site to get the waste below regulatory levels.

There are no standardized forms for the LDR notification or the LDR certification, but the TSDF may ask that the generator use a specific form.

What Info Goes in the LDR Notification/Certification?

As mentioned above, the LDR certification and LDR notification require the same kind of information. Whether it's a notification or certification, the LDR paperwork must include:

• The hazardous waste codes that need to be treated for;
• The treatability group for each waste (e.g., wastewaters vs. non-wastewaters);
• The waste subcategory/description for each hazardous waste code (where applicable); and
• Any available waste analysis data available.

LDR certifications must also include a very specific certification statement that says, in essence, the waste already meets LDR treatment standards, so it can be disposed of without further treatment.

If a generator manages and treats hazardous waste on site to meet LDR standards, the site must develop and follow a written waste analysis plan that outlines the procedures taken to treat the wastes. [40 CFR 268.7(a)(5)]

Other LDR Paperwork

Besides the typical notifications and certifications, LDR paperwork can vary based on the specific types of wastes sent for treatment and/or disposal. Some examples of specific types of hazardous waste that would trigger unique LDR paperwork requirements include:

• Lab packs;
• Hazardous debris;
• Contaminated soils;
• Wastes excluded from regulations subsequent to the point of generation (which would use a "one-time notice to file");
• Wastes for which the TSDFs will make LDR determinations;
• Characteristic wastes with underlying hazardous constituents (UHCs); and
• Wastes that meet all LDR standards and are sent to a Subtitle D facility (which would use a "one-time notice to file"). [40 CFR 268.7, 268.9(d), and 268.42(c)]

Build the confidence to effectively manage compliance with the RCRA land disposal restrictions! Mastering LDRs will help you simplify this sometimes complex process and be sure you're not overpaying for needless or redundant treatment of your hazardous waste.

Join an expert Lion RCRA instructor for the live Land Disposal Restrictions Webinar on September 20 and build a plan for disposing of your site's waste that protects both the environment and your company's bottom line.

Tags: EPA, hazardous waste, LDR, RCRA