(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 shall 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 the treatment is technically
possible. To show that this is the case, the petitioner shall 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 shall be submitted in
accordance with the procedures in
40 CFR
260.20.
(c) Each petition shall 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
all attached documents, and that, based on 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 that may be required to evaluate the petition.
Additional copies of the complete petition may be requested as needed to send
to affected states and Regional Offices.
(e) The administrator shall 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 shall 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 shall comply with the waste analysis requirements for
restricted wastes found under Section
R315-268-7.
(g) During the petition review process the
applicant shall comply with the restrictions on land disposal under Rule
R315-268 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 director 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 shall 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 the treatment is technically possible. To show that this is the case,
the petitioner shall 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 if the
treatment standard is not based on combustion of the 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, that is,
lower than, the concentrations necessary to minimize short- and long-term
threats to human health and the environment. Treatment variances approved under
Subsection
R315-268-44(h)
shall:
(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
noncarcinogenic effects, achieve constituent concentrations that an individual
could be exposed to on a daily basis without appreciable risk of deleterious
effect during a lifetime; and
(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, that is, lower than, natural background
concentrations at the site if the contaminated soil will be land
disposed.
(5) Public notice and a
reasonable opportunity for public comment shall be provided before granting or
denying a petition.
(i)
Each application for a site-specific variance from a treatment standard shall
include the information in Subsection
R315-260-19(d).
(j) After receiving an application for a
site-specific variance from a treatment standard, the director may request any
additional information or samples that 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 shall comply with the waste
analysis requirements for restricted wastes found under Section
R315-268-7.
(l) During the application review process the
applicant for a site-specific variance shall comply with the restrictions on
land disposal under Rule R315-268 once the effective date for the waste has
been reached.
(m) For each variance
the petitioner shall also demonstrate that compliance with any given treatment
variance is enough to minimize threats to human health and the environment
posed by land disposal of the waste. In evaluating this demonstration, EPA or
the director, whichever applies, 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 Sections
R315-266-20 through
R315-266-23.
(n) Reserved.
(o) The following facilities are excluded
from the treatment standards under Section
R315-268-40 and are subject to
the following constituent concentrations:
EnergySolutions LLC, Clive, UT -- This site-specific
treatment variance applies only to solid treatment residue resulting from the
vacuum thermal desorption (VTD) of P- and U-listed hazardous waste containing
radioactive contamination, "mixed waste," at the EnergySolutions' LLC facility
in Clive, Utah that otherwise requires CMBST as the LDR treatment standard.
Once the P- and U-listed mixed waste are treated using VTD, the solid treatment
residue can be land disposed at EnergySolutions' onsite RCRA permitted mixed
waste landfill without further treatment. This treatment variance is
conditioned on EnergySolutions complying with a Waste Family Demonstration
Testing Plan specifically addressing the treatment of these P- and U-listed
wastes, with this plan being implemented through a RCRA Part B permit
modification for the VTD unit.
