An overview of regulatory issues that affect the development of new waste treatment technologies Page: 41 of 64
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hazardous, the EPA may grant an exemption and allow the land disposal of a
restricted hazardous waste that does not meet the treatment standard
[40 CFR 268.6(h)]. For injected wastes, the demonstration must consist of
either flow and transport models or geochemical modeling (40 CFR 148.20).
To provide industry with the time needed to comply with new regulations,
EPA can grant, at a minimum, a 3-month national capacity variance for all
affected wastes. During the period of variance, wastes that are placed in a
landfill or into surface impoundments that do not meet the treatment standards
must be disposed of in a way that meets the requirements of Section 3004(o) of
RCRA (minimum technological requirements), as well as the record-keeping
requirements of 40 CFR 268.7. If they do meet the treatment standards, these
wastes can be disposed of in a Subtitle C landfill or a surface impoundment
regardless of whether either one meets minimum technological requirements
(55 FR 22526).
DOE encounters unique problems when attempting to comply with the LDR
program because of the significant quantities of "mixed waste" (i.e., hazar-
dous waste that is also radioactive) that it must manage. Mixed waste is not
only subject to RCRA but also to the AEA. This dual regulatory scheme applies
regardless of the type of radioactive constituents in the mixed waste and
creates challenging compliance issues. In situations where mandated BDAT is
inappropriate because of the radioactive hazard of a mixed waste (i.e.,
requires a different technology design), DOE would have to file for a site-
specific variance from the promulgated standard. If EPA then granted the
variance, the specified alternative treatment standards would have to be met
before land disposal of the mixed waste.
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Kuusinen, T L; Siegel, M R; Williams, T A & Powell, J A. An overview of regulatory issues that affect the development of new waste treatment technologies, report, July 1, 1991; Richland, Washington. (https://digital.library.unt.edu/ark:/67531/metadc1093979/m1/41/: accessed July 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.