Frequent Questions

Are generators required to replace or update their LDR notifications if there have not been any changes?

With the initial shipment of waste to each treatment or storage facility, the generator must send a one-time written notice to each treatment, storage or disposal facility receiving the waste and place a copy in the file.  The notice must include the information required in the Generator Paperwork Requirements Table in Section 268.7(a)(4).  No further notification is necessary until such time that the waste or facility change, in which case a new notification must be sent and a copy placed in the generator's file.

If the waste, process, or the receiving treatment facility changes, the generator is required to send a new notice to the receiving facility and place a copy of this new notice in their files.  The Agency agrees that only when a change in the waste affects the determination of which treatment standards apply must the generator create a new LDR notification.

Subsequent notification is not required if the waste, process, and receiving facility remain the same.  The notification must include the manifest number for the shipment of waste.  However, the one-time LDR notification need not be updated with manifest numbers from subsequent shipments.  If the waste changes, the generator would have to put the appropriate manifest number on the new notification.

There is no federal EPA policy on how to address or correct improper or incorrect LDR notifications.  TSDFs that receive improper LDR notifications from generators may chose to make the corrections themselves or require the generator to make the corrections.  It is, however, to the TSDFs advantage to make sure that the information is correct in order to avoid any possible enforcement action.  In the absence of an official federal EPA policy, generators are strongly encourage to contact their respective implementing agencies for further clarification on this issue.

References:  40 CFR Section 268.7
62 FR 25997, 26004, May 12, 1997

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