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EPA/SWER RIN: 2050-AD38 Publication ID: Spring 1996 
Title: Land Disposal Restrictions--Phase III: Decharacterized Wastewaters, Carbamate Wastes, and Spent Aluminum Potliners 
Abstract: The Environmental Protection Agency (EPA) will be proposing rules addressing a rule pursuant to the September 25, 1992, decision of the U.S. Court of Appeals in Chemical Waste Management v. EPA, 976 F. 2d (D.C. Cir. 1992). The underlying rule at issue was signed on May 8, 1990, and published on June 1, 1990 (55 FR 22520). The phase III proposal will establish treatment standards for formerly characteristic wastes primarily managed in land-based wastewater treatment systems whose ultimate discharge is regulated under the Clean Water Act. Treatment standards will also be established for newly listed carbamates and organobromine wastes. The phase IV proposal will address whether land-based wastewater systems provide treatment that is equivalent to that conducted under the Resource Conservation and Recovery Act (RCRA) land disposal restrictions (LDR) program. Treatment standards will also be established for wood preserving and mineral-processing wastes. 
Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
CFR Citation: 40 CFR 268   
Legal Authority: 42 USC 6905, 6912(a), 6921, 6924   
Legal Deadline:
Action Source Description Date
Final  Judicial  Court Decree - Settlement Agreement  01/00/1996 
Timetable:
Action Date FR Cite
ANPRM  10/24/1991  56 FR 55160   
NPRM  03/02/1995  60 FR 11702   
Partial Withdrawal and Amendment of Final Rule  04/08/1996  61 FR 15660   
Partial Withdrawal and Amendment of Final Rule  04/08/1996  61 FR 15566   
Additional Information: SAN No. 3365. ^PReinventing Government: The phase III rule would encourage pollution prevention by allowing facilities to comply by reducing mass loadings of toxics to the environment through source reduction from wastestreams not directly at issue. An exemption was proposed for de minimis levels of waste. Importantly, EPA seeks to avoid duplicative regulations by deferring in all cases to limits established in a wastewater treatment system's CWA NPDES or pretreatment permit. LDR treatment standards would only apply in cases where the underlying upcoming EPA regulation that is currently underway. In this way, EPA is taking the common-sense approach to fulfill its obligations and protect environmental resources without undue disruption to waste treatment systems that are already adequately protective of the environment. The Agency built in maximum flexibility so that those complying with the requirements can choose the most cost-effective means of treating wastes to meet LDR treatment standards. ^PFurthermore, this rule will reduce the paperwork burden on the regulated community by creating minimal new recordkeeping requirements for wastewater treatment surface impoundments, and by revising some of the LDR programs's existing administrative requirements. Other regulatory changes will clarify existing areas of the regulations that are confusing.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Included in the Regulatory Plan: No 
Agency Contact:
Peggy Vyas
Environmental Protection Agency
Solid Waste and Emergency Response
1200 Pennsylvania Avenue NW, Mail Code 5303P,
Washington, DC 20460
Phone:703 308-5477
Email: vyas.peggy@epa.gov