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9554.1989(04)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

NOV 28 1989

Mr. Jon Greenberg
Manager of Environmental Policy
Browning-Ferris Industries
Suite 500
1150 Connecticut Avenue, Northwest
Washington, DC 20036

Dear Mr. Greenberg:

This letter is in response to your two letters dated
October 10, 1989, requesting clarification of the California list
HOC land ban regulations, and applicability of Federal land
disposal restrictions, (LDR) regulations regarding household
hazardous waste (HHW) and hazardous waste from generators of less
than 100 kg/month, what you are calling "very small quantity
generator waste" (VSQG). We are providing answers or
clarifications in response to all of your inquiries except for
two, which we would like additional time to consider. We do not
wish to delay providing answers to the other questions raised in
your letters, so we are responding to those at this time.

Your first question concerned California list HOCs,
specifically a non-liquid waste containing only one HOC (at
levels greater than or equal to 1000 mg/kg) listed in Appendix
III of Part 268. As stated in 40 CFR 268.42(a)(2), a waste is
prohibited from land disposal unless it has been incinerated in
accordance with Subpart O of either Part 264 or 265. (The
treatment standard of incineration does not apply when there is
an established treatment standard specified for the HOC in
Subpart D of Part 268). You stated, however, that 40 CFR
268.42(a)(2) is less clear when there is a mixture of more than
one listed HOC in a non-liquid waste. You gave us your
understanding that in this case, if there is an established
treatment standard in Part 268 for at least one of the listed
HOCs, then that treatment standard, and not the incineration
standard of 40 CFR 268.42(a)(2), applies. This is a correct
interpretation; as stated in previous rulemakings, California
list prohibitions are superseded by more specific prohibitions
and treatment standards (see 52 FR 29993, August 12, 1987; and 52
FR 25773, July 8, 1987).

You also requested confirmation of your understanding of the
effects of the Court-ordered stay on multi-source leachate, when
it is derived from a waste as described above. You stated that
the effect of the stay is to remove the treatment requirements

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established under Part 268 as they apply to multi-source leachate
and, therefore, the incineration treatment standard applies. The
Agency would like additional time to further consider your
interpretation before providing a response.

Your final question in the first letter dealt with a non-
liquid waste containing less than 1000 mg/kg HOCs when initially
generated. This waste is de-watered for further treatment, which
results in the concentration of the HOCs being increased to above
1000 mg/kg. With further treatment, the concentration of the
HOCs in the waste again drops to below 1000 mg/kg. You stated
that your understanding is that, because the waste did not meet
the California list criteria when it was initially generated nor
when it eventually was disposed, it does not have to meet the
requirements off 40 CFR 268.42. The Agency would also like
additional time to consider the issues involved in this questions,
and so is deferring a response at this time.

Your second letter is concerned with the applicability of
the Federal land disposal restrictions to wastes that are not
hazardous by Federal hazardous waste definitions, i.e., household
hazardous waste and hazardous waste from generators of less than
100 kg/month, but are hazardous by a State's definition. You
wished to know if the Federal land disposal restrictions apply in
these cases.

States with approved hazardous waste programs that regulate
generators and handlers of less than 100 kg of hazardous waste
in a calendar month have a larger regulated universe than is
required by Federal law. The program components that include
these classes of hazardous waste handlers are "broader in scope"
than the Federal requirements. "Broader in scope" provisions are
not considered part of the State authorized program and are not
subject to EPA oversight and enforcement (40 CFR 271.1 (i)(2)).
Therefore, State regulated household hazardous waste and "very
small quantity generator" waste handlers are not subject to the
Federal land disposal restrictions unless the Federal regulations
are adopted and enforceable under State law.
If you have any further questions, please call
Robert Scarberry, Chief, Land Disposal Restrictions Branch, at
382.4770.

Sincerely,


Sylvia K. Lowrance
Director
Office of Solid Waste