MEMORANDUM
DATE:
October
25,
2005
TO:
The
Record
FROM:
Elaine
Eby,
Environmental
Scientist
Office
of
Solid
Waste
SUBJECT:
Correspondence
with
Mr.
David
Case,
Environmental
Technology
Council,

Washington,
DC.

On
November
1,
2004,
I
send
an
email
to
Mr.
David
Case
at
the
Environmental
Technology
Council.
The
email
read
as
follows:

 
Generator
ICR
(
820.08)(
2001)
states:

 
EPA
notes
that
generators
must
determine,
under
the
LDR
program
whther
their
hazardous
waste
is
restricted
from
land
disposal,
as
required
by
40
CFR
268.7(
a)(
1)

and
268.9(
a).
EPA
has
burdened
generators
for
their
LDR
determinations
in
the
LDR
ICR,
Number
1442.

EPA
has
confirmed
through
consultation
with
industry
that
generators
normally
make
their
hazardous
waste
and
LDR
determination
simultaneously
and
therefore
do
not
incur
a
separate
burden
for
each
determination.
For
example,
a
generator
would
normally
make
a
single
request
to
a
laboratory
to
determine
if
its
waste
is
both
hazardous
and
restricted
from
land
disposal.
Given
this
reasoning,
EPA
does
not
burden
generators
in
this
ICR
rulemaking
for
making
hazardous
waste
determinations,

since
this
burden
is
already
reflected
in
ICR
1442.17
(
the
LDR
ICR) .

David­

Does
this
ring
true
with
you?

Thanks
Elaine 

On
November
4,
2004,
I
received
the
following
response:

 
Elaine,

I
have
received
email
replies
to
your
question
from
eight
ETC
member
companies,
and
I
have
discussed
the
question
by
telephone
in
more
detail
with
4
other
companies.

Basically,
all
confirm
that
nearly
all
of
their
customers
make
their
hazardous
waste
and
LDR
determinations
simultaneously
when
testing
their
waste.
You
should
be
aware
that
most
of
the
time
generators
use
knowledge
of
their
waste
to
make
both
determinations,
but
when
waste
samples
are
periodically
sent
to
labs
for
analysis,
the
test
results
are
used
for
both
waste
identification
and
LDR
determinations.
There
is
little
or
no
added
burden
imposed
by
268.7(
a)(
1)
and
268.9(
a).

Please
call
if
you
have
any
questions.

David
Case
Executive
Director 
