6 CCR 1007-3-268.44 - Variance from a treatment standard
(a) Based on a
petition filed by a generator or treater of hazardous waste, the Administrator
may approve a variance from an applicable treatment standard if:
(1) It is not physically possible to treat
the waste to the level specified in the treatment standard, or by the method
specified as the treatment standard. To show that this is the case, the
petitioner must demonstrate that because the physical or chemical properties of
the waste differ significantly from waste analyzed in developing the treatment
standard, the waste cannot be treated to the specified level or by the
specified method; or
(2) It is
inappropriate to require the waste to be treated to the level specified in the
treatment standard or by the method specified as the treatment standard, even
though such treatment is technically possible. To show that this is the case,
the petitioner must either demonstrate that:
(i) Treatment to the specified level or by
the specified method is technically inappropriate (for example, resulting in
combustion of large amounts of mildly contaminated environmental media);
or
(ii) For remediation waste only,
treatment to the specified level or by the specified method is environmentally
inappropriate because it would likely discourage aggressive
remediation.
(b) Each petition must be submitted in
accordance with the procedures in
40 CFR §
260.20.
(c) Each petition must include the following
statement signed by the petitioner or an authorized representative:
I certify under penalty of law that I have personally examined and am familiar with the information submitted in this petition and my inquiry of those individuals immediately responsible for obtaining the information. I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment.
(d) After receiving a petition for
variance from a treatment standard, the Administrator may request any
additional information or samples which the Administrator may require to
evaluate the petition. Additional copies of the complete petition may be
requested as needed to send to affected states and EPA.
(e) The Administrator will give public notice
in the Federal Register of the intent to approve or
deny a petition and provide an opportunity for public comment. The final
decision on a variance from a treatment standard will be published in the
Federal Register.
(f) A generator, treatment facility, or
disposal facility that is managing a waste covered by a variance from the
treatment standards must comply with the waste analysis requirements for
restricted wastes found under § 268.7.
(g) During the petition review process, the
applicant is required to comply with all restrictions on land disposal under
this part once the effective date for the waste has been reached.
(h) Based on a petition filed by a generator
or treater of hazardous waste, the Administrator or his or her delegated
representative may approve a site-specific variance from an applicable
treatment standard if:
(1) It is not
physically possible to treat the waste to the level specified in the treatment
standard, or by the method specified as the treatment standard. To show that
this is the case, the petitioner must demonstrate that because the physical or
chemical properties of the waste differ significantly from waste analyzed in
developing the treatment standard, the waste cannot be treated to the specified
level or by the specified method; or
(2) It is inappropriate to require the waste
to be treated to the level specified in the treatment standard or by the method
specified as the treatment standard, even though such treatment is technically
possible. To show that this is the case, the petitioner must either demonstrate
that:
(i) Treatment to the specified level or
by the specified method is technically inappropriate (for example, resulting in
combustion of large amounts of mildly contaminated environmental media where
the treatment standard is not based on combustion of such media); or
(ii) For remediation waste only, treatment to
the specified level or by the specified method is environmentally inappropriate
because it would likely discourage aggressive remediation.
(3) For contaminated soil only, treatment to
the level or by the method specified in the soil treatment standards would
result in concentrations of hazardous constituents that are below (i.e., lower
than) the concentrations necessary to minimize short- and long-term threats to
human health and the environment. Treatment variances approved under this
paragraph must:
(i) At a minimum, impose
alternative land disposal restriction treatment standards that, using a
reasonable maximum exposure scenario:
(A) for
carcinogens, achieve constituent concentrations that result in the total excess
risk to an individual exposed over a lifetime generally falling within a range
from 10
-4 to 10
-6; and
(B) for constituents with non-carcinogenic
effects, achieve constituent concentrations that an individual could be exposed
to on a daily basis without appreciable risk of deleterious effect during a
lifetime.
(ii) not
consider post-land-disposal controls.
(4) For contaminated soil only, treatment to
the level or by the method specified in the soil treatment standards would
result in concentrations of hazardous constituents that are below (i.e., lower
than) natural background concentrations at the site where the contaminated soil
will be land disposed.
(5) Public
notice and a reasonable opportunity for public comment must be provided before
granting or denying a petition.
(i) Each application for a site-specific
variance from a treatment standard must include the information in
40 CFR §
260.20(b) ( 1) through
(b)(4);
(j) After receiving an
application for a site-specific variance, the Assistant Administrator or
his/her delegated representative, may request any additional information or
samples which may be required to evaluate the application.
(k) A generator, treatment facility, or
disposal facility that is managing a waste covered by a site-specific variance
from a treatment standard must comply with the waste analysis requirements for
restricted wastes found under § 268.7.
(l) During the application review process,
the applicant for a site-specific variance must comply with all restrictions on
land disposal under this part once the effective date for the waste has been
reached.
(m) For all variances, the
petitioner must also demonstrate that compliance with any given treatment
variance is sufficient to minimize threats to human health and the environment
posed by land disposal of the waste. In evaluating this demonstration, EPA may
take into account whether a treatment variance should be approved if the
subject waste is to be used in a manner constituting disposal pursuant to
40 CFR
266.20 through
266.23.
(n)-(o) [Reserved]
Notes
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