Waste management and the land disposal restriction storage prohibition

RCRA Sect. 3004(j) prohibits storage of wastes that have been prohibited from land disposal, unless that storage is for the purpose of accumulating sufficient quantities of hazardous wastes to facilitate proper recovery, treatment, or disposal. This requirement was incorporated as part of the Land Disposal Restriction (LDR) regulations. Under the LDR storage prohibition, facilities may only store restricted wastes in containers and tanks. As stated in the Third LDR rule, storage of prohibited waste is only allowed in non-land based storage units since land-based storage is a form of disposal. The EPA has recognized that generators and storers of radioactive mixed waste (RMW) may find it impossible to comply with storage prohibition in cases where no available treatment capacity exists. Additionally, under the current regulatory interpretation, there is no provision that would allow for storage of wastes for which treatment capacity and capability are not available, even where capacity is legitimately being developed. Under the LDR program, restricted wastes that are disposed of, or placed into storage before an LDR effective date, are not subject to the LDR requirements. However, if such wastes are removed from a storage or disposal site after the effective date, such wastes would be subject to LDR requirements. The purpose of this information brief is to clarify what waste management practices constitute removal from storage