Are characteristic wastes still subject to the land disposal restrictions if the characteristic has been removed?
Yes. The land disposal restriction (LDR) requirements in 40 CFR Part 268 apply to a hazardous waste the moment it is generated. It is the responsibility of the initial generator of a hazardous waste to determine the applicable LDR treatment standards for each hazardous waste [40 CFR 268.9(a)]. In the definition of hazardous waste, the EPA specifically addresses wastes that are hazardous solely due to a characteristic. Paragraph (d) of 40 CFR 261.3 says that wastes that no longer exhibit any characteristics are no longer hazardous wastes. However, “wastes that exhibit a characteristic at the point of generation may still be subject to the requirements of Part 268, even if they no longer exhibit a characteristic…” The treatment standard for many characteristics is not just the removal of the characteristic, or DEACT per 40 CFR 268.40. In addition, many characteristic wastes that must meet the LDR treatment standards in 40 CFR 268.40 must also meet treatment standards for underlying hazar
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