EPA Grants Waste Disposal Variance in Oklahoma
The EPA has granted a site-specific “No-Migration Variance” to a Clean Harbors facility in Oklahoma. This exception allows the site to use hazardous waste disposal methods that are otherwise prohibited under federal land disposal restrictions. Such variances require manufacturers with diversified operations to track facility-level regulatory exceptions to ensure compliance.
The "No-Migration Variance" granted to the Clean Harbors Lone Mountain facility stems from the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act (RCRA). These amendments prohibit the land disposal of untreated hazardous waste, requiring that waste meets specific treatment standards before disposal to minimize risks to human health and the environment. A "No-Migration Variance" is a site-specific exemption that allows a facility to dispose of prohibited waste without meeting the prescribed treatment standards. To obtain this variance, the operator must demonstrate to the EPA with a "reasonable degree of certainty" that no hazardous constituents will migrate from the disposal unit for as long as the waste remains hazardous. This process is overseen by the EPA, and states do not have the authority to grant such petitions. The variance for the Lone Mountain facility specifically applies to the temporary storage of treated hazardous waste in up to 100 "put piles" within its hazardous waste landfill. This allows Clean Harbors to hold treated waste while awaiting verification that it meets Land Disposal Restriction (LDR) standards. The company submitted its petition for this variance on November 29, 2023. The Lone Mountain facility, located in Major County near Waynoka, is a commercial treatment, storage, and disposal facility permitted to handle a wide variety of hazardous wastes. Its operations include not only landfill disposal but also waste treatment processes like stabilization and solidification to meet federal LDR standards. The site has been operated by several companies over the years, including Safety-Kleen and Laidlaw. This type of regulatory variance is critical for industries that generate hazardous waste, as it provides a pathway for compliance when meeting standard treatment requirements is not feasible. The process involves rigorous demonstration and monitoring to ensure environmental protection. For manufacturers, understanding these nuanced regulatory mechanisms is key to managing compliance risk for their own waste streams. The EPA's decision, effective March 30, 2026, followed a public comment period that closed on January 12, 2026. This action highlights a broader trend of increased regulatory focus on waste management and environmental compliance within the manufacturing sector. Companies are facing greater pressure to ensure not just their own compliance, but also that of their partners throughout the supply and disposal chain.
