No-migration variances

No-migration variances No-migration variances differ from capacity variances in that they apply to the disposal unit instead of to the waste, and allow wastes to be disposed of in the unit without meeting the treatment standards. To obtain a no-migration variance for a disposal unit, a facility must petition U.S. EPA and demonstrate that there will be no migration of hazardous constituents from the unit (i.e., the waste will not leak or escape from the unit) for as long as the wastes remain hazardous. 

RCRA establishes a comprehensive "cradle-to-grave" scheme for regulating hazardous wastes. As amended by the Hazardous and Solid Waste Amendments of 1984, the centerpiece of RCRA is an ambitious set of land disposal restrictions (LDRs). The LDRs prohibit land disposal of particular wastes as of specified dates unless such disposal is carried out in accordance with regulations issued by EPA. In 1996, DOE submitted a final No-Migration Variance Petition to EPA seeking a waiver from the LDR to dispose of mixed waste at WIPE However, the 1996 amendments to the WIPP Land Withdrawal Act (Public Law 104-201) included a provision exempting WIPP mixed waste from the LDRs. This provision obviated the need for DOE to receive EPA approval of the pending petition. 

The submittal of the No-Migration Variance Petition (hazardous waste) to the United States Environmental Protection Agency on May 31, 1995 and... 

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