Tracking and Record Keeping Requirements: LDR Waste Generators

We’ve been covering LDR topics recently. Today we are going to keep on that train of thought and go over the tracking and record keeping requirements the EPA dictates for generators of LDR restricted wastes. The EPA requires both generators and ten day facilities managing LDR restricted wastes to, “meet certain notification, certification, waste analysis, and recordkeeping requirements.” The LDR notification and certification paperwork is similar to a hazardous waste manifest; it is used to help hazardous waste handlers as well as EPA enforcers to help make sure wastes are handled appropriately.

According to the EPA, “A notification accompanies the initial shipment of each waste that is subject to LDR and includes such information as the waste code(s), the hazardous constituents present in the waste, and waste analysis data.” Only if the waste or receiving facility changes does the EPA require further notification. If a waste does not need further treatment to be eligible for land disposal a certification stating so must accompany the initial notification. The EPA requires waste handlers to keep this paperwork so they can properly track wastes and ensure they are getting properly treated prior to land disposal.

The EPA requires generators to determine whether or not a waste is subject to LDR at “the point of generation.” This determination can be made by testing or simply by applying knowledge. If the waste is subject to LDR and does not meet set treatment standards then generators must let the treatment facility know in writing. The notice must be included with the manifest and needs to include the following information:

• “EPA hazardous waste code(s)
• Identification of the waste as a wastewater or nonwastewater
• Manifest number associated with the waste shipment
• Waste analysis data (if available)
• For characteristic wastes, any additional hazardous constituents present
• When hazardous debris is to be treated by an alternative technology in §268.45, a statement to that effect and the contaminants subject to treatment
• For contaminated soil, a list of the constituents subject to treatment and a statement that the soil does or does not meet LDR standards.”

If, however, the waste already meets set treatment standards the generator must submit a signed certification that says the waste meets the aforementioned standards. That certification will then need to accompany a copy of the notification statement detailed above.

A similar notification must be submitted if the waste qualifies for an exemption from a treatment standard. This can include national capacity variance, case-by-case extension, or no-migration exemption, among others. If this is the case, the certification must also include the date on which the waste will become subject to LDR prohibitions.

According to the EPA, “generators may treat hazardous waste in accumulation tanks, containers, or containment buildings provided the units are in compliance with certain standards applicable to TSDFs (§262.34). EPA believes that generators should have the same recordkeeping and documentation responsibilities that apply to TSDFs when treating wastes to meet LDR treatment standards. Therefore, §268.7(a)(5) requires generators to prepare a waste analysis plan when treating wastes to meet LDR. The waste analysis plans must justify the frequency of testing based on a detailed analysis of a representative sample of the waste. The plan must contain all information necessary for proper treatment of the waste in accordance with Part 268, and must be retained in the facility’s records (55 FR 22670; June 1, 1990). Generators who are conducting partial treatment, but not treating to meet treatment standards are not required to have a waste analysis plan.”

Quoted and EPA cited information (unless otherwise noted) for this blog post was gathered from the EPA document, “Introduction to Land Disposal Restrictions.” As always, this blog post is not intended to be comprehensive and it is always best to check with the EPA and local government for full, up-to-date, rules and regulations.