The generator must comply with the LDR requirements before disposing of the delisted waste because LDR attaches at the point of generation. A delisting only absolves the generator from his obligation of handling the waste as hazardous. If a particular hazardous waste is eligible for a delisting and is granted the delisting prior to generation, then LDR requirements would not apply. Conversely, if a waste is generated and subsequently delisted, the generator would need to comply with the applicable Part 268 requirements before disposal. Although the generator of the wastewater treatment sludge remains subject to LDR, he or she may file a petition to receive a variance from the LDR requirements per Sections 268.42(b) or 268.44.
For example, the generator may receive a variance from a treatment standard if he or she demonstrates that the waste cannot be treated to the specified LDR treatment standard levels because its physical or chemical properties differ significantly from the waste used to establish the LDR treatment standard (Section 268.44).
Must a generator who is granted a site-specific delisting for the F006 sludge per Section 260.22 comply with the land disposal restrictions (LDR) requirements before disposing of the delisted waste?
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