Yes. Movement of hazardous waste within an AOC is not considered land disposal and would not trigger LDR requirements. When determining the applicability of LDR the concept of placement is important to consider because placement of hazardous waste is what triggers LDR requirements. Placement within an AOC does not occur when hazardous waste is consolidated in the AOC, when it is treated in situ, or when it is left in place. An AOC is equated to a RCRA land-based unit, therefore, placement occurs and the requirements of LDR are triggered, when waste is moved from one AOC to another AOC or if the waste is managed in another unit within or outside the AOC and then returned to the land (Memo, Shapiro to RCRA Branch Chiefs; March 13, 1996 (RCRA Online 11954)). [Adobe PDF 55K] For example, if hazardous waste is moved from the AOC, placed in another unit for treatment, and then returned to the land, placement has occurred and the requirements of LDR are triggered.
Additional guidance on the movement of hazardous waste within an AOC is available in the following memos:
Memo, Fields and Herman to RCRA/CERCLA Senior Policy Managers; October 14, 1998 (RCRA Online 14291) [Adobe PDF 44K]
Memo, Shapiro to Warren; November 27, 1996 (RCRA Online 14112)
Memo, Clay to Stoll; January 7, 1991 (RCRA Online 13442)