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EXEMPTION FOR LEACHATE FROM NON-HAZARDOUS WASTE LANDFILLS FINALIZED
Release Date: 02/12/99
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FOR RELEASE: FRIDAY, FEBRUARY 12, 1999
EXEMPTION FOR LEACHATE FROM NON-HAZARDOUS WASTE LANDFILLS FINALIZED
EPA issued a rule on Feb. 5 that exempts certain leachates collected at non-hazardous waste landfills from regulation under the Resource Conservation and Recovery Act (RCRA). The rule, which was published in the Federal Register Feb. 11, 1999, became effective upon signature on Feb. 5. Landfill leachate (and landfill gas condensate) derived from the listed petroleum refining process wastes (K169-172) that were disposed before, but not after, the new listings became effective, is now exempt from RCRA hazardous waste requirements provided certain conditions are met. These conditions are that the leachate is subject to regulation under the Clean Water Act, and the leachate is not stored in surface impoundments after Feb. 13, 2001. This rule became necessary as a result of an Aug. 6, 1998 final rule that added four petroleum refining process wastes to EPA’s list of hazardous wastes. Late in that rule making process EPA learned that some non-hazardous waste landfills, which historically disposed of these refinery wastes, would face disruptions to their leachate management practices after the new listings went into effect. Leachate derived from listed wastes automatically becomes listed hazardous waste. EPA issued a Notice of Data Availability on Aug. 6, 1998 that described the leachate information the Agency had received and requested comments on whether to defer regulation of the leachate as hazardous. Another concern was that the Agency had already evaluated landfill leachate as part of a proposal under the Clean Water Act and found that no pretreatment was required for non-hazardous landfill leachate. A preliminary determination was made that regulation under RCRA would be unnecessarily duplicative with the Clean Water Act, pending further study of the issue. Copies of the Federal Register Notices can be accessed through EPA’s web page at: https://www.epa.gov/fedrgstr/ or by calling the RCRA/Superfund Hotline at 1-800-424-9346 or 703-412-9810.
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