Land Disposal Restriction (LDR)
LDR.
The initials of a president? Not likely!
In the hazardous waste world, LDR is the acronym for Land Disposal Restriction (40CFR Part 268)
SO, WHAT IS LDR?
Not originally a part of RCRA (Resource Conservation and Recovery Act), but rather part of the Hazardous and Solid Waste Amendments that came about in 1984. In a nutshell, LDRs prohibit the land disposal of untreated hazardous waste.
Essentially, the LDR amendment requires the generator of hazardous waste to send an LDR notification to the receiving facility to alert them to certain treatment standards that must be met for each specific waste stream before any waste is disposed of by land. Whereas it is the generator’s responsibility to send the notification, in the real world, the receiving facilities drive the forms used for LDR notification. There is no federally standardized format so that you will see different formats from disposal facility to disposal facility.
WHEN SHOULD I USE AN LDR?
An LDR is required with the first shipment of any hazardous waste stream sent to a licensed hazardous waste receiving facility or TSDF (treatment, storage, disposal facility). A generator does not need to send an LDR with each additional waste stream shipment unless the waste stream changes or the disposal facility requests one. It is recommended that a generator keeps copies of the LDRs next to their hazardous waste manifests. In the event that an inspector asks to see the LDR for a random waste stream on a manifest, the generator will be able to produce that LDR readily. The Federal EPA requires LDR notifications to be retained for three years, similar to manifests. However, always check your state as some states require a longer retention time.
WHAT ABOUT NON-RCRA HAZARDOUS WASTE OR STATE-ONLY HAZARDOUS WASTE?
Once again, check your state as some states have LDR requirements for State Only Hazardous Waste.
WHAT ABOUT HAZARDOUS WASTE BEING EXPORTED TO ANOTHER COUNTRY?
Whereas the foreign country may not be obligated to follow the LDRs, the generator is still required to prepare an LDR while that waste remains within the United States.
ALWAYS BE PREPARED!
We have seen an increase in the number of inspectors asking to see LDRs during their periodic inspections, so be prepared! Always be sure to have the following hazardous waste shipment records:
- Hazardous Waste Manifests
- Waste Determinations
- Land Disposal Restrictions
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