(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 such 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 which he may require 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 is required to comply with all 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 such 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 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 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 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 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 Subsections
R315-260-20(b)(1)
-(4);
(j) After receiving an
application for a site-specific variance from a treatment standard, the
Director 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 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 all
restrictions on land disposal under Rule R315-268 once the effective date for
the waste has been reached.
(m) For
all variances, the petitioner shall 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 or the Director, whichever is applicable, 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 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.