Frequent Questions

If a facility generates a characteristic waste that is subsequently decharacterized by on-site treatment, what land disposal restrictions (LDR) recordkeeping requirements apply?

While characteristic wastes are subject to the standard notification requirements of §268.7, EPA subjects wastes from which the characteristic has been removed to special provisions.  When these wastes meet treatment standards and no longer exhibit any characteristic, LDR notification and certification paperwork need not accompany the shipment to a Subtitle D facility.  Instead, pursuant to §268.9(d) the waste handler must file a one-time notification and certification with the implementing agency and maintain a copy on site.  This notification must include the name and address of the receiving facility and a description of the waste as originally generated, including hazardous waste codes, treatability groups and subcategories, and any underlying hazardous constituents (UHCs). 
 
In addition, the facility must prepare a certification statement in accordance with §268.7(b)(5) to accompany the notification.  Both the certification and notification statements must be updated if there are any changes to the waste or receiving facility.  The facility must submit the changes to the appropriate EPA region or state agency on an annual basis.
 
The notification and certification that is maintained in the generators or treaters files must be updated if the process or operation generating the waste changes and/or if the Subtitle D facility receiving the waste changes.  The generator or treater must notify the EPA region or authorized state on an annual basis only if such changes occur.   Such notification and certification should be sent to the EPA region or authorized state by the end of the calendar year (§268.9(d)). 

Additional guidance on the LDR recordkeeping requirements for characteristic hazardous waste is available in the following documents:

 Monthly Call Center Report Question; November 2001 (RCRA Online 14585) [PDF 8K]
Monthly Call Center Report Question; February 2001 (RCRA Online 14546) [PDF 10K]
Monthly Call Center Report Question; January 1997 (RCRA Online 14047)
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