R315-268-49. Land Disposal Restrictions -- Alternative LDR Treatment Standards for Contaminated Soil

  (a) Applicability. You shall comply with LDRs prior to placing soil that exhibits a characteristic of hazardous waste, or exhibited a characteristic of hazardous waste at the time it was generated, into a land disposal unit. The following chart describes whether you shall comply with LDRs prior to placing soil contaminated by listed hazardous waste into a land disposal unit:

Table

If LDRs And if LDRs And if Then

                                                        you

Applied to the Apply to the Shall

listed waste listed waste comply

when it now with

contaminated LDRs.

the soil*

Didn't apply Apply to the The soil is determined Shall

to the listed listed waste to contain the listed comply

waste when it now waste when the soil with

contaminated is first generated LDRs.

the soil*

Didn't apply Apply to the The soil is determined Need

to the listed listed waste not to contain the not

waste when it now listed waste when the comply

contaminated soil is first generated with

the soil* LDRs.

Didn't apply Don't apply Need

to the listed to the listed not

waste when it waste now comply

contaminated with

the soil* LDRs.

*For dates of LDR applicability, see Rule R315-268 Appendix

 VII. To determine the date any given listed hazardous

 waste contaminated any given volume of soil, use the last

 date any given listed hazardous waste was placed into any

 given land disposal unit or, in the case of an accidental

 spill, the date of the spill.

  (b) Prior to land disposal, contaminated soil identified by Subsection R315-268-49(a) as needing to comply with LDRs shall be treated according to the applicable treatment standards specified in Subsection R315-268-49(c) or according to the Universal Treatment Standards specified in Section R315-268-48 applicable to the contaminating listed hazardous waste and/or the applicable characteristic of hazardous waste if the soil is characteristic. The treatment standards specified in Subsection R315-268-49(c) and the Universal Treatment Standards may be modified through a treatment variance approved in accordance with Section R315-268-44.

  (c) Treatment standards for contaminated soils. Prior to land disposal, contaminated soil identified by Subsection R315-268-49(a) as needing to comply with LDRs shall be treated according to all the standards specified in Subsection R315-268-49(c) or according to the Universal Treatment Standards specified in Section R315-268-48.

  (1) All soils. Prior to land disposal, all constituents subject to treatment shall be treated as follows:

  (A) For non-metals except carbon disulfide, cyclohexanone, and methanol, treatment shall achieve 90 percent reduction in total constituent concentrations, except as provided by Subsection R315-268-49(c)(1)(C).

  (B) For metals and carbon disulfide, cyclohexanone, and methanol, treatment shall achieve 90 percent reduction in constituent concentrations as measured in leachate from the treated media, tested according to the TCLP, or 90 percent reduction in total constituent concentrations, when a metal removal treatment technology is used, except as provided by Subsection R315-268-49(c)(1)(C).

  (C) When treatment of any constituent subject to treatment to a 90 percent reduction standard would result in a concentration less than 10 times the Universal Treatment Standard for that constituent, treatment to achieve constituent concentrations less than 10 times the universal treatment standard is not required. Universal Treatment Standards are identified in Section R315-268-48 Table UTS.

  (2) Soils that exhibit the characteristic of ignitability, corrosivity or reactivity. In addition to the treatment required by Subsection R315-268-49(c)(1), prior to land disposal, soils that exhibit the characteristic of ignitability, corrosivity, or reactivity shall be treated to eliminate these characteristics.

  (3) Soils that contain nonanalyzable constituents. In addition to the treatment requirements of Subsections R315-268-49(c)(1) and (2), prior to land disposal, the following treatment is required for soils that contain nonanalyzable constituents:

  (A) For soil that contains only analyzable and nonanalyzable organic constituents, treatment of the analyzable organic constituents to the levels specified in Subsections R315-268-49(c)(1) and (2); or,

  (B) For soil that contains only nonanalyzable constituents, treatment by the method(s) specified in Section R315-268-42 for the waste contained in the soil.

  (d) Constituents subject to treatment. When applying the soil treatment standards in Subsection R315-268-49(c), constituents subject to treatment are any constituents listed in Section R315-268-48 Table UTS-Universal Treatment Standards that are reasonably expected to be present in any given volume of contaminated soil, except fluoride, selenium, sulfides, vanadium, zinc, and that are present at concentrations greater than ten times the universal treatment standard. PCBs are not constituent subject to treatment in any given volume of soil which exhibits the toxicity characteristic solely because of the presence of metals.

  (e) Management of treatment residuals. Treatment residuals from treating contaminated soil identified by Subsection R315-268-49(a) as needing to comply with LDRs shall be managed as follows:

  (1) Soil residuals are subject to the treatment standards of Section R315-268-49;

  (2) Non-soil residuals are subject to:

  (A) For soils contaminated by listed hazardous waste, the hazardous waste standards applicable to the listed hazardous waste; and

  (B) For soils that exhibit a characteristic of hazardous waste, if the non-soil residual also exhibits a characteristic of hazardous waste, the treatment standards applicable to the characteristic hazardous waste.