Frequent Questions

If a facility generates hazardous waste that is exempted or excluded from RCRA regulation after it is generated, is that waste still subject to land disposal restrictions (LDR) recordkeeping requirements?

If a generator determines that his or her waste is exempted or excluded from Subtitle C regulation in 40 CFR §§ 261.2 through 261.6 subsequent to the point of generation, then a one-time notice describing such generation, subsequent exclusion from the definition of solid or hazardous waste, and the disposition of the waste must be placed in the facility’s on-site files (§268.7(a)(7)).

 Land disposal restrictions tracking requirements apply even when the hazardous characteristic is removed prior to disposal, or when the waste is excluded from the definition of hazardous or solid waste under §§, 261.2 through 261.6 subsequent to the point of generation.  A record must still be kept indicating why the waste is not prohibited; this information should already exist in any case, to justify the absence of Subtitle C regulation (55 FR 22520, 22662; June 1, 1990 ).  

Therefore, all generators must have, at a minimum, a one-time record (notification) in the facility files that indicates the generation of a restricted hazardous waste and its disposition (55 FR 3864, 3866; January 31, 1991).  

The following EPA guidance memos discuss provide additional clarification on this issue:

Monthly Call Center Report Question; July 1992 (RCRA Online 13547)
Memo, Cotsworth to Dolce; May 1, 1997 (RCRA Online 14216)  


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