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Phase IV Soil Treatment Standards, May 26, 1998

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The LDR Phase IV soil treatment standards, promulgated on May 26, 1998, are specifically designed to encourage cost-effective cleanup of hazardous contaminated soils that are subject to LDRs. Before this final rule was promulgated, soils subject to LDRs were required to comply with traditional technology-based treatment standards developed for processed industrial hazardous waste. These treatment standards often proved to be inappropriate (e.g., not cost effective) and unachievable (e.g., did not account for heterogeneous soil matrices) when applied to hazardous constituents present in soils.

The new soil treatment standards provide more flexible less stringent treatment requirements that are achievable using a variety of non-combustion treatment alternatives. For instance, a site may now choose to reduce hazardous constituents (1) by at least 90 percent of their initial concentration, or (2) meet ten times the applicable universal treatment standard.

As well, for the first time, we are introducing site-specific risk-based decision making into the LDR program via a site-specific risk-based treatability variance, This variance allows Superfund and RCRA Corrective Action sites, on a site-specific basis, to apply for a risk-based treatability variance that essentially sets LDR treatment standards at the site-specific risk-based numbers.

Soil Treatment Technologies

This section is divided into three categories: Guidance

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Corrective Action Management Tools

Final Rules These new requirements make five major changes: First, they make permits for treating, storing and disposing of remediation wastes faster and easier to obtain; second, they provide that obtaining these permits will not subject the owner and/or operator to facility-wide corrective action; third, they create a new kind of unit called a ``staging pile'' that allows more flexibility in storing remediation waste during cleanup; fourth, they exclude dredged materials from RCRA Subtitle C if they are managed under an appropriate permit under the Marine Protection, Research and Sanctuaries Act or the Clean Water Act; and fifth, they make it faster and easier for States to receive authorization when they update their RCRA programs to incorporate revisions to the Federal RCRA regulations.

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