Current through August 26, 2024
(1) Based on a
petition filed by a generator or treater of hazardous waste, the EPA
administrator may approve a variance from an applicable treatment standard if
any of the following are met:
(a) 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.
(b) 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 demonstrate one
of the following:
1. 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).
2. For
remediation waste only, treatment to the specified level or by the specified
method is environmentally inappropriate because it would likely discourage
aggressive remediation.
(2) Each petition shall be submitted to the
EPA administrator according to the procedures in
40 CFR
260.20.
(6) 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 s.
NR 668.07.
(7) During the petition review process, the
applicant is required to comply with all restrictions on land disposal under
this chapter once the effective date for the waste has been reached.
(8) Based on a petition filed by a generator
or treater of hazardous waste, the department may approve a site-specific
variance from an applicable treatment standard if one of the following
conditions is met:
(a) 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.
(b) 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 demonstrate one of the following:
1. Treatment to the specified level or by the
specified method is technically inappropriate, for example, the treatment would
result in combustion of large amounts of mildly contaminated environmental
media where the treatment standard is not based on combustion of the
media.
2. For remediation waste
only, treatment to the specified level or by the specified method is
environmentally inappropriate because it would likely discourage aggressive
remediation.
(c) 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 lower than the concentrations necessary to minimize
short-term and long-term threats to human health and the environment. Treatment
variances approved under this paragraph shall meet all of the following
conditions:
1. At a minimum, treatment
variances shall impose alternative land disposal restriction treatment
standards that, using a reasonable maximum exposure scenario, meet all of the
following conditions:
a. For carcinogens, the
treatment variances shall 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.
b. For constituents with non-carcinogenic
effects, the treatment variances shall achieve constituent concentrations that
an individual could be exposed to on a daily basis without appreciable risk of
deleterious effect during a lifetime.
2. The treatment variances may not consider
post-land-disposal controls.
(d) 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 lower than natural
background concentrations at the site where the contaminated soil will be land
disposed.
(e) Public notice and a
reasonable opportunity for public comment shall be provided before granting or
denying a petition.
(9)
Each application for a site-specific variance from a treatment standard shall
include the information in s.
NR 660.20.
(10) After receiving an application for a
site-specific variance from a treatment standard, the department may request
any additional information or samples which may be required to evaluate the
application.
(11) 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 in s.
NR 668.07.
(12) During the application review process,
the applicant for a site-specific variance shall comply with all restrictions
on land disposal in this chapter once the effective date for the waste has been
reached.
(13) 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, the
department 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 ss.
NR 666.020 to 666.023.
