40 CFR 268: EPA Land Disposal Restrictions

Regulatory citation: 40 CFR Part 268, Land Disposal Restrictions

What Are EPA's Land Disposal Restrictions?

The Land Disposal Restrictions (LDR) program in 40 CFR Part 268 bars hazardous waste from being placed on or in the land until it has been treated to meet EPA standards. It applies to generators, transporters and owners and operators of treatment, storage and disposal facilities. Very small quantity generator waste is exempt.

For generators, the main duties are deciding whether each waste must be treated, sending the right paperwork with the first shipment and keeping records.

Why Land Disposal Restrictions Matter

Untreated hazardous waste in landfills and surface impoundments can leach into groundwater. Treating waste before disposal reduces its toxicity and mobility so that it poses less long-term risk.

Core Requirements

1. Determine Whether the Waste Must Be Treated (268.7(a)(1))

A generator must determine whether its waste has to be treated before it can be land disposed. This can be done by testing or by knowledge of the waste, and it can be done together with the hazardous waste determination under 40 CFR 262.11.

2. Send a One-Time Notice With the First Shipment (268.7(a)(2)–(3))

With the initial shipment of a waste to each treatment or storage facility, the generator must send a one-time written notice and keep a copy in its file. If the waste already meets the treatment standards at the point of generation, the notice must include a signed certification saying so. No new notice is needed until the waste or the receiving facility changes.

3. Meet the Treatment Standards (268.40)

Each restricted waste has a treatment standard in the table at 268.40. A standard may be a concentration limit in the waste, a concentration limit in a TCLP extract, or a required technology such as combustion (CMBST) or deactivation (DEACT). Wastewaters and nonwastewaters have separate standards.

4. Address Underlying Hazardous Constituents (268.9(a) and 268.40(e))

For characteristic wastes, the generator must determine each applicable waste code and identify underlying hazardous constituents. Unless the waste is managed in certain Clean Water Act or equivalent wastewater systems or Class I nonhazardous injection wells, those constituents must meet the Universal Treatment Standards in 268.48 before land disposal.

5. Do Not Dilute (268.3)

No one may dilute a restricted waste, or a treatment residual, as a substitute for adequate treatment. Under 268.3(b), limited dilution is allowed in Clean Water Act, pretreatment or equivalent wastewater systems for wastes that are hazardous only because of a characteristic, with some exceptions.

6. Treat Contaminated Soil (268.49)

Soil that contains hazardous waste can be treated under alternative standards. For each constituent subject to treatment, treatment must achieve a 90 percent reduction in concentration, but treatment below 10 times the Universal Treatment Standard is not required.

7. Store Only to Accumulate for Treatment (268.50)

Restricted waste may be stored only to accumulate enough waste for proper recovery, treatment or disposal. Generators must comply with their accumulation rules in 262.16 or 262.17. Treatment, storage and disposal facilities may store for up to one year unless EPA shows otherwise. Beyond one year, the facility bears the burden of proving the storage was solely for that purpose.

8. Keep Records for Three Years (268.7(a)(8))

Generators must keep all notices, certifications, waste analysis data and other documentation on site for at least three years from the date the waste was last sent for treatment, storage or disposal. Generators treating waste in tanks or containers to meet LDR standards must also follow a written waste analysis plan.

Common Compliance Approaches

Profile Each Waste Stream

Record codes, underlying constituents and whether each waste meets standards as generated, and reuse that profile for each shipment.

Use the Receiving Facility's Forms

Many treatment facilities supply LDR notification forms. Check them against the generator paperwork table in 268.7 before signing.

Track When Notices Need Updating

Flag a new notice whenever a process change alters the waste or you switch receiving facilities.

Example: Land Disposal Restrictions in Practice

A coatings plant ships ignitable solvent waste and a corrosive rinse to a treatment facility. Before the first shipment, the environmental specialist identifies underlying hazardous constituents in each stream and completes a one-time LDR notice for each. The plant keeps copies with its waste profiles. When it later changes to a new cleaning chemical, the specialist re-evaluates the rinse and sends an updated notice with the next shipment.

Related regulations: EPA Hazardous Waste Identification, EPA Hazardous Waste Generators, EPA Hazardous Waste Transporters.

Note: This summary reflects federal EPA requirements. Many states run these programs under EPA authorization and may have additional or more stringent requirements. Always check the current regulation text and any state rules that apply to you.

Frequently Asked Questions

Do I need to send an LDR notice with every shipment?

No. The notice is sent with the initial shipment of a waste to each facility. A new notice is needed only when the waste or the receiving facility changes.

Can I mix wastes with water to meet a treatment standard?

No. Section 268.3 prohibits dilution as a substitute for adequate treatment, with limited exceptions for certain characteristic wastes in Clean Water Act, pretreatment or equivalent wastewater systems.

Do very small quantity generators have LDR duties?

Waste from very small quantity generators is exempt from Part 268 under 268.1(e)(1).