Frequent Questions

If a generator meets the treatment standard for a F037 listing in lieu of the characteristic treatment standard (Section 268.9(b)), must he report both codes (listed waste code and characteristic waste code) on the LDR notification?

The generator need only report the listed waste code, F037, on the notification form. When the listed waste treatment standard operates in lieu of the characteristic treatment standard, the listed waste code would be included on the notification form in lieu of the characteristic waste code (56 FR 3867; January 31, 1991). This "in lieu of" principle applies only to wastes whose LDR treatment standard directly addresses the treatment standard for the characteristic constituent.

As an example, the treatment standard for F037 requires treatment of benzene, the constituent that causes the waste to exhibit the D018 characteristic. Therefore, the listed treatment standard operates in lieu of the characteristic treatment standard. However, if the listed treatment standard does not directly address the constituent that makes the waste characteristic, the generator must list both waste codes on the notification form, and the waste must meet both treatment standards before it can be land disposed. (Monthly Call Center Report Question, March 1991 (RCRA Online #13455)).

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