U.S. Environmental Protection Agency
        Office of Solid Waste
         Toxicity Characteristic
           Training Course

               Parts l-IV

    The U.S. Environmental Protection Agency (EPA) has developed a new rule that broadens the number of
toxic wastes regulated by EPA.  The new Toxiciry Characteristic (TC) Rule will strengthen the hazardous waste
regulatory program under the  Resource Conservation and Recovery Act (RCRA), thereby providing better
protection of human health and the environment  Central to this new rule is an expansion of the list of
constituents that must be considered when determining whether a waste is hazardous due to its toxicity.
(Toxiciry is one of the four characteristics used by EPA to determine whether a  waste is hazardous.)  An
improved test for determining potential toxicity is another important component of the  new rule.  As a result of
these changes, more chemical  waste will be determined hazardous - and more small businesses will be covered
under the RCRA hazardous waste regulatory program.

WHAT is theTC Rule?

    The TC Rule includes a set of regulatory levels used to determine if waste is hazardous based on its toxicity.
EPA bases all regulatory levels for hazardous chemicals on health-based concentration thresholds and a
dilution/anenuation factor specific for each chemical.  A concentration threshold indicates how much of the
chemical adversely affects human health, while the dilution/attenuation factor indicates how easily the chemical
could seep  into ground water, possibly contaminating drinking water supplies.  The  levels set in the TC rule
were determined by multiplying the health-based number by a generic dilution/attenuation factor of 100.  The
resulting TC levels will be published in the Code of federal Regulations (40 CFR  261.24). Under the new rule,
companies that produce or use the constituents listed below must determine the  amount of the chemical present
in their waste. If testing is required, they must use a leaching test called the TCLP (Toxicity Characteristic Leaching Proce-
dure). The TCLP is a modified form of the old Extraction Procedure (EP), and is more precise and easier to perform.

WHO is Affected by the Rule?

    If a business uses any of the constituents listed below, they must determine whether the chemicals are
present above the levels specified in  the new regulation.  If so,  that waste is hazardous under the new rule, and
is considered a TC waste.'  Regulatory levels remain the same for the eight metals and six pesticides identified
as hazardous wastes under the old EP toxicity characteristic
    What's New: Companies that produce or use the constituents listed below must determine the levels present in their
 waste sample extract or leachate, based either on their knowledge of their processes or by application of the TCLP.
     Old EP Constituents

     2,4-Dichlorophenoxycetic acid
     2,4,5-Trichlorophenoxypropionic acid
New Organic Constituents

Carbon tetracholoride
2,4-Dinitro toluene
Heptachlor (and its hydroxide)
Hexachloro benzene
Hexachloroe thane
Methyl ethyl ketone
Vinyl chloride

    Generators are legally responsible for determining whether they produce hazardous wastes.  Tests for any
hazardous characteristic (toricity, ignitability, reactivity, or corrosivity) can be conducted at analytical laboratories
or in-house.  State waste program  officials can provide information on licensed laboratories.  If any waste  is
determined to be hazardous, the generator must follow the requirements  established under RCRA for the
transport, treatment, storage, and disposal of hazardous waste. Under this new rule, many treatment, storage,
and disposal facilities will be required to apply for new or modified RCRA permits if they accept TC waste.
Generators should, therefore, be sure to work only with EPA-permitted handlers.

WHEN Does the Rule Take Effect?

    EPA published the new rule on March 29, 1990.  Small quantity generators (those that produce 220 to 2,200
Ibs of waste in any calendar month) have  one year from that date to comply; generators that  produce 2,200 Ibs
or more in any month have six months from the date of publication to comply.  Generators covered by the new
rule must:

         Notify EPA that they produce a  TC waste.
         Obtain an EPA ID number.
         Fill out a manifest for shipping.
         Use transporters that have EPA  identification numbers.
         Use permitted treatment, storage, and disposal facilities.
         Not store the waste more than 180 days (or 270 days if the waste
         is being shipped more than 200 miles).

These procedures apply to all  hazardous waste, whether it is considered hazardous  because of its toxicity or any
other  hazardous characteristic

For More  Information . . .

    •     Call EPA's RCRA Hotline (800-424-9346, or TDD 800-553-7672 for the hearing impaired) for a  copy
         of the Federal Register notice of the rule, a TC rule fact sheet, and compliance guidelines for affected
         industries.  The Hotline answers technical and general questions regarding RCRA from 8:30 am to 7:30
         pm  EST, Monday through Friday excluding federal holidays.

    •     Ask the RCRA Hotline for Does Your Business Produce Hazardous  Waste  (EPA/530-SW-90-027).  This
         publication provides industry-specific waste  stream and waste management information.  The brochure
         also lists state and regional hazardous waste program contacts, and advises businesses whom to call
         regarding additional state regulations  that may apply to hazardous waste disposal.  Some trade
         associations will also  distribute the brochure.

    •     Call EPA's Small Business Ombudsman Hotline (800-368-5888,  or 557-1938 in Washington, D.C.) for
         questions specific to small businesses.

    •     Refer to the Code of Federal Regulations, 40 CFR Part  261, for  the applicable RCRA regulations.
         That section details the listed hazardous wastes, describes the hazardous characteristics, and specifies
         test methods to be used.

                          COURSE EVALUATION
1.    What were the strengths of this course?
2.    What were the areas of this course that could be improved?
3.    Were there topic areas included that should not be?  What topic areas should
     be included that were not?
4.     Other Comments
           (please use back if you need additional space to comment)

                    FACTS AND FIGURES

Whdt the Rule Does: Adds 25 chemicals to the eight metals and six pesti-
cides on the existing list of constituents regulated under RCRA. The rule also
establishes regulatory levels for the new organic chemicals listed, and re-
places the Extraction Procedures leach test with the Toxicity Characteristic
Leaching Procedure.

When It Takes Effect: Generators must comply with this regulation within
six months of the date of notice in the Federal Register; small quantity gen-
erators must comply within one year.

Who It Affects: The rule will bring waste above regulatory levels into the
system primarily from the following industries:

                Major Industrial Sectors Analyzed
               For the Regulatory Impact Analysis
                          Organic Chemicals
                          Petroleum Refining
                      Pipelines, except Natural Gas
                      Plastics Materials and Resins
                           Pulp and Paper
                Rubber and Miscellaneous Plastics Products
                           Synthetic Fibers
                          Synthetic Rubber
                            Textile Mills
                    Wholesale Petroleum Marketing
Potentially Affected Industries:
Generators: 15,000-17,000
New Treatment, Storage, and Disposal Facilities (TSDFs): 200-400, in addi-
tion to the existing 5,000 TSDFs.

Estimated Economic Savings: Approximately $3.8 billion in damage to
ground water resources avoided.

Estimated Quantity of Waste Affected: Some 1.8 million metric tons per
year of non waste waters, which account for most of the cost, may be subject to
the rule. Additionally, 700 million metric tons of wastewater may also be
March 1990

(1)   Large Quantity Generator (LQG)  Brochure

          Describes TC impacts specific to "Large Quantity
          Generators", and how LQGs  can comply with the new
          regulation.  Includes example of waste minimization
          techniques.  (Targets LQGs)

          The New Toxicity Characteristic Rule;  Information and
          Tips for Generators (EPA/530-SW-90-028).

(2)   Small Quantity Generator (SQG)  Brochure

          Includes basic information about RCRA,  HW manifests,
          and EPA Regional and state contacts. Includes example
          of waste minimization techniques. (Targets SQGs;
          especially appropriate for newly regulated generators)

          Does Your Business Produce Hazardous Waste? Many Small
          Businesses Do (EPA/530-SW-90-027).

(3)   Industry-specific Sheets (18)

          Each sheet includes information about the waste stream
          that is generated by specific industries, and outlines
          the management practices called for. (Targets LQGs and

     Vehicle Maintenance (EPA/530-SW-90-027A).
     Drycleaning & Laundry (EPA/530-SW-90-027B).
     Furniture/Wood Refinishing (EPA/530-SW-90-027C).
     Equipment Repair (EPA/530-SW-90-027D).
     Textile Manufacturing (EPA/530-SW-90-027E).
     Wood Preserving (EPA/530-SW-90-027F).
     Printing & Allied Industry (EPA/530-SW-90-027G).
     Chemical Manufacturers (EPA/530-SW-90-027H).
     Pesticides End-users (EPA/530-SW-90-027I).
     Construction (EPA/530-SW-90-027J).
     Railroad Transport (EPA/530-SW-90-027K).
     Educational/Vocational (EPA/530-SW-90-027L).
     Laboratories (EPA/530-SW-90-027M).
     Metal Manufacturing (EPA/530-SW-90-027N).
     Pulp & Paper Industry (EPA/530-SW-90-0270).
     Formulators (EPA/530-SW-90-027P).
     Cleaning & Cosmetics (EPA/530-SW-90-027Q).
     Leather/Leather Products (EPA/530-SW-90-027R).
     Hazardous Waste Manifest (EPA/530-SW-90-027S).

 (4)  Waste Minimization Booklet

          Defines waste minimization, emphasizes  its  importance
          to successful waste management, and highlights  several
          case studies. (Appropriate for all industry)

          Waste Minimization;  Environmental Quality  with
          Economic Benefits  (EPA/530-SW-87-026) October 1987.

 (5)  Permit Modification Brochure

          Outlines the new RCRA permit modification requirements
          for Class 1, 2, and 3 modifications.  (Targets permitted

          Modifying RCRA Permits (EPA/530-SW-89-050)  September

 (6)  Used Oil Brochures

          A series of brochures emphasizing the importance of
          used oil recycling. (Appropriate for facilities that
          use oil in industrial processes or services)

          How to Set Up a Local Program to Recycle Used oil
          (EPA/530-SW-89-039A) May 1989.

          Recycling Used Oil;  What Can You Do? (EPA/530-SW-89-
          039B) June 1989.

          Recycling Used Oil;  10 Steps to Change Your Oil
          (EPA/530-SW-89-039C) June 1989.

          Recycling Used Oil;  For Service Stations and Other
          Vehicle-service Facilities (EPA/530-SW-89-039D)  June

 (7)  FRN Reprint

          Copy of the Notice which appeared in the Federal
          Register; includes preamble and rule. (Appropriate for
          all affected industries)

          Federal Register. Vol. 55, No. 61, Part II, Thursday,
          March 29, 1990.


EPA Regional personnel can obtain these publications  by calling
the RCRA Docket at FTS/202-475-9327.

Others can obtain these publications by calling the
RCRA/Superfund Hotline at 1-800-424-9346 or 202-382-3000.

          As directed in the 1984 Hazardous and Solid Waste
     Amendments (HSWA),  the Environmental Protection Agency (EPA)
     has promulgated the final rule of the Toxicity
     Characteristic. The Toxicity Characteristic (TC) was
     promulgated on March 29, 1990 (see 55 FR 11798).  OSW plans
     to use video as one of the methods for informing the public
     of the TC final rule.

          The development and use of a video is a new approach
     for OSW for providing outreach and communication support to
     the regulated community impacted by a major final rule. The
     videotape is potentially the most important part of the
     outreach effort. The video insures a timely and standardized
     method for delivering information to the public.

          The purpose of the video is to advise the public of the
     promulgation, the environmental benefits, and the generator
     and treatment, storage, disposal facility (TSDF)
     responsibilities that result from the TC final rule. As
     stated earlier, the audience for this video is the regulated
     community, especially those newly regulated by the TC.

          There are four key messages that the video will get
     across to the public. They are: the purpose for the TC
     (environmental protection),  the responsibilities of the
     generators and TSDFs, that pollution prevention and waste
     minimization are viable waste management strategies that
     should be explored, and who one can contacted for more

DISTRIBUTION:  To be sent to Regional contacts for the TC
               workshop, in addition to Chambers of Commerce, and
               others not yet specified.

        Presented by:

Characterization and Assessment Division
       Office of Solid Waste
 U.S. Environmental Protection Agency

Part One:       Overview of the Toxicity Characteristic
  9:00 - 10:00 a.m.
Part Two:       Pollution Prevention and the Toxicity


Part Three:     Relationship of Toxicity Characteristic
               to Other RCRA Subtitle C Programs
 10:00 - 10:30 a.m.
 10:45 - 11:30 a.m.
Part Four:      Relationship of Toxicity Characteristic
               to Other Laws
11:30 - 12:00 noon
Part Five:       Universe of Affected Facilities
Part Six:         Implementation of the Toxicity
                Characteristic:  Permitting
   1:00 - 1:30 p.m.

   1:30 - 4:00 p.m.

                    Appendices To the Training Course

Appendix A     Constituents Regulated Under the Toxicity Characteristic

Appendix B     Summary of Requirements Under the Toxicity Characteristic

Appendix C     Toxicity Characteristic Permitting Strategy

Appendix D     Toxicity Characteristic Federal Register Notice

Appendix E     Key Contacts for More Information on the  TC

Appendix F     Toxicity Characteristic Outreach Material

Appendix G     Toxicity Characteristic Fact Sheet



   Overview of the
Toxicity Characteristic

Part One:  Overview of TC
    Topics covered in Part One include:

         Background of RCRA Hazardous Waste Definition

         Background on EP Toxicity Characteristic

         Proposed Toxicity Characteristic

         Toxicity Characteristic Final Rule

Part One:   Overview of TC

•    RCRA §3001  requires EPA to define "hazardous wastes"

         Section  3001 (a) - criteria for identifying and listing hazardous wastes
         Section  3001 (b) - characteristics of hazardous waste

•    EPA has promulgated 218 specific listings and four hazardous waste

         One characteristic was  extraction procedure (EP) toxicity
     EPA has promulgated 218 wastes as listed hazardous wastes since 1980.

         New listings added each year
         Listings may be industry- and process- specific (K-wastes) or may cover
         all wastes fitting description (F-wastes).

     EPA identified and promulgated  four hazardous waste characteristics in 1980:

         Extraction Procedure (EP) Toxicity Characteristic

Part One:   Overview of TC

•    Hazardous waste listings

         21  non-specific sources (e.g., F001-F005 spent solvents such as
         94  specific sources (e.g., K015, still bottoms from distillation of
             benzyl chloride)
         103  commercial chemical products (P and U wastes), off-specification
             products, residues, debris from spills,  and  containers

•    Exclusions and exemptions from hazardous waste listings

         For example, household hazardous waste
     Subpart D of 40 CFR Part 261  lists hazardous wastes by:

         Non-specific sources (F-wastes);
         Specific sources (K-wastes); and
         Commercial chemical products, off-specification products, residues, debris
         from spills, and containers that stored acute hazardous chemicals and
         were not decontaminated  (P and U wastes).

     The listed wastes are hazardous unless:

         Excluded under 40 CFR 260.20 and 260.22, petitions to modify or revoke
         hazardous waste listings;
         Meet exclusions and exemptions in §§261.2 and 261.4

              Household hazardous wastes
              Large volume-low toxicity wastes
              Trivalent-chromium wastes from leather tanning industry
              Arsenically-treated  wood products

Part  One:   Overview of TC
     Criteria for listing hazardous wastes
Nature of
                on of |

                     List Wast*
                    As Hazardous
  Potential _

             Types of

Decision Team


                                          Not Ust Waste
                                          As Hazardous
     The decision to list or not list a waste as hazardous is made by a team of EPA
     experts who consider the following criteria:

          Nature of toxicity
          Concentration of toxicant in waste
          Migration potential of toxicants
          Persistence and bioaccumulation potential of toxicants
          Plausible types  of improper management
          Quantities of  waste
     If waste is not listed, still may be a hazardous waste if it exhibits a

Part One:   Overview of TC
     Hazardous waste characteristics
EP or TC Toxic
     A solid waste is a hazardous waste whether listed or not if the waste exhibits
     any of these characteristics:

         Ignitability - waste that has a flash point of lower than 140 degrees F, or
         is capable of causing fire  (40 CFR 261.21)

         Corrosivity - waste with a  pH less than 2 or more than 12.5, or a waste
         that corrodes steel at a rate greater than 0.25 inch annually (40 CFR

         Reactivity -  waste that  is explosive, capable of reacting violently when
         exposed to water, or generates toxic gas when exposed to water or other
         liquids that  are mildly acidic or alkaline (40 CFR 261.23)

         EP Toxicitv  (now amended by TC rule) - waste contains any of the 14
         identified contaminants in  excess of the allowable maximum concentration
         (40 CFR 261.24)

Part One:   Overview of TC

•    EP Toxicity Characteristic promulgated in May 1980

         14 constituents regulated
     --   Applied DAF of 100 to the NIPDWS
         Extraction Procedure  (EP) leach test used to evaluate hazardousness of

•    Waste is hazardous based on potential threat to human health and the
     environment, if improperly managed

•    EPA developed the  toxicity characteristic (TC) because:

     -   Mandate by HSWA
         EP did not consider organics
         Limitations of EP test   (j)i<-> ns4y^'~\  ^/ »<>>•'*:i**]
     EP Toxicity Characteristic identifies wastes with potential to leach toxic
     constituents from wastes into ground water unless subject to Subtitle C

         Constituents are extracted in a procedure that simulates the leaching
         action that occurs in landfills.
         National Interim Primary Drinking Water Standards (NIPDWS) were
         benchmarks for toxicity.

              EP levels = 100 times the NIPDWS
              14 contaminants were identified:

              arsenic         endrin             2,4-D
              barium         lindane            2,4,5-TP
              cadmium       methoxychlor
              chromium       toxaphene
     EP Toxicity Characteristic was promulgated in May 1980.

     Congress was concerned that some wastes posing a threat to human health
     and the environment were not being brought into the hazardous waste system.

         Organic constituents other than listed spent solvents
         EP test assessed risks of only a few of hazardous constituents

Part One:   Overview of TC
     EP toxicity characteristic mismanagement scenario
                      Municipal Landfill
     Hazardous waste characteristics are designed to identify solid wastes that pose
     a threat to human health and the environment when improperly managed
     (RCRA §1004(5)).

     Reasonable worst-case assumption of hazardous wastes co-disposed with
     municipal  solid wastes (MSW) ensures that hazardous wastes will be
     adequately identified,  regardless of the manner in which they are actually

     Mismanagement scenario guided the refinement of the  leaching procedure  and
     the development of inputs for the subsurface fate and transport model.

     One set of regulatory levels applies to all wastes.

         No exceptions for wastes not  co-disposed with MSW (e.g., monofills,
         surface impoundments).
         Management-based approach (i.e., different standards based on how
         wastes are managed) could complicate effective implementation of  RCRA

Part One: Overview of TC

•    EPA proposed Toxicity Characteristic on June 13, 1986

         Add 38 organic constituents (and kept 14 EP constituents)
         Develop regulatory levels based on subsurface fate and transport model
         Replace EP test protocol with toxicity characteristic leaching procedure

•    Several rounds of subsequent comments on proposal
     Proposed rule (51  FR 21648) identified 38 organics in addition to existing 14
     compounds that could cause a waste to be hazardous.

         Selection of constituents was based upon availability of:

              Health effects data
              Physical/chemical data to allow fate  and transport modeling

     Unlike the existing  EP, dilution/attenuation factors  (DAFs) for organics are
     compound-specific and derived from a ground-water  transport model.

         Modeled scenario is a municipal landfill.
         Model predicts reduction in  concentration of constituents as they migrate
         from the landfill to a drinking water well.
         Reduction is expressed as a constituent-specific DAF.

     Proposed rule described the toxicity characteristic leaching procedure (TCLP).

         Development  of TCLP was driven by the  need to address the leaching of
         organic compounds.
         In evaluating alternatives, EPA considered whether the test was:

              Easy to  perform
              Precise for  improved reproducibility

         TCLP was already used to demonstrate that a waste meets the best
         demonstrated available technology (BOAT) standards  (Appendix I to 40
         CFR Part 268).
         In some cases, the TCLP  may be more aggressive than EP for metals.

Part One:   Overview of TC

•    EPA promulgated final TC on March 29, 1990

•    Major provisions of TC:

         Adds 25 of 38 organic constituents to 14 EP constituents (39 total)
         Uses subsurface fate and transport  model to develop DAF to calculate
         regulatory levels
         Replaces EP  with TCLP

•    Appendix A of this course lists  all of these constituents
     EPA promulgated final TC on March 29, 1990 (effective September 25, 1990).

         Adds 25 new organic constituents to the existing 14 compounds.

              Establishes regulatory levels for the organic constituents based on
              health-based concentration limits and a DAF developed using  the
              subsurface fate and transport model.
              All newly regulated constituents are nonhydrolyzing or minimally
              Pentachlorophenol is regulated in TC, but a new level will be
              reproposed. Reproposal will be to set a more stringent regulatory

         Replaces EP test with TCLP test

              TCLP is designed  to determine mobility of organic and inorganic
              contaminants in liquid, solid, and multiphasic wastes.
              Two proposed  modifications for use of TCLP in TC and LDRs:  (1) a
              detailed method flow chart to explain how analysts perform the test;
              and (2) information on new equipment suppliers and availability  of
              testing equipment.
              Only use the gas chromatography/mass spectroscopy (GC/MS)
              method  until HPLC method is adopted.

Part One: Overview of TC
CONSTITUENTS OF CONCERN                              1-9

• Original EP Toxicity Characteristic

Constituents -- all kept under TC
^ J^ •*""
Constituent ^^^^j. -^^
2,4,5-TP (Silvex)
     Hazardous waste number

Part One:  Overview of TC
CONSTITUENTS OF CONCERN                                    1-10

•   New Toxicity Characteristic Constituents
             EPA HW1
             Number             Constituent

             D018               Benzene
             D019               Carbon tetrachloride
             D020               Chlordane
             D021                Chlorobenzene
             D022               Chloroform
             D023               o-Cresol
             D024               m-Cresol
            \ D025               p-Cresol
             DQ26&~>             1 ,4-Dichlorobenzene
                                 1 ,2-Dichloroethane
                                 1 ,1 -Dichloroethylene
             00290**             2,4-Dinitrotoluene
             DQ3Q<&>             Heptachlor (and its hydroxide)
             D031 1J3l             Hexachlorobenzene

    1 Hazardous waste number

Part One:  Overview of TC

•    New Toxicity Characteristic Constituents (cont'd)
              EPA HW1
              Number              Constituent
              D03-3" ° * V            Hexachloroethane
              0034^^"            Methyl ethyl ketone
              DQ35- #*<*            Nitrobenzene
              DQ36- ° i7            Pentachlorophenol
              DQ3J-V*?            Pyridine
              DQ38 *? ^            Tetrachloroethylene
              0042-^3            Vinyl Chloride
      Hazardous waste number

Part One:  Overview of TC                         iJrOft  f-
CONSTITUENTS  OF CONCERN                     ^'         '       1-12
     7 of original 38 constituents deferred for future action because:

         Subsurface model predicts high DAFs for hydrolyzing constituents
         Model does not account for toxicity of byproducts generated
     EPA has developed DAFs for nondegrading constituents, but is still improving
     its approach for developing DAFs for constituents expected to hydrolyze during

     EPA is currently determining which byproducts result from hydrolysis, and  is
     developing protocol for evaluating the amount of byproduct for hydrolyzing

         7 hydrolyzing  constituents listed in June 13, 1986 proposed rule will
         eventually be added to TC:

              Bis (2-chloroethyl) ether
              Methylene chloride

Part One:   Overview of TC
CONSTITUENTS OF CONCERN                                      1-13

•    6 of original 38 organic constituents deferred for future action because:

         Steady-state assumption may be inappropriate for constituents that are:

              Slow moving
              Relatively low toxicity
              Relatively low concentration in waste
     EPA has determined that the steady-state condition assumed in the subsurface
     fate and transport model is valid for most constituents.

         Model may over predict the concentration at the down  gradient well for
         some proposed constituents.
         6 constituents were deferred because the steady-state condition was not

              Carbon disulfide
              1 ,2-Dichlorobenzene
          Regulatory levels will eventually be promulgated or reproposed for these
          constituents.  (Refer to Appendix A of training course for composite list of
          deferred constituents.)

Part One:  Overview of TC
     Drinking water standards (NIPDWS) used as basis for original EP

     Chronic toxicity reference levels (CTRLs)  used  for revised TC

     Selection of organic constituents based on the ability to establish for each

         A chronic toxicity reference level (CTRL)
         A constituent-specific DAF

     CTRLs for  revised TC are health-based:

         Maximum Contaminant Levels (MCLs) when available
     -   Risk-Specific Doses (RSDs) fopSafcihogins
                                          ~~    ""^
              Risk level used to set RSDs in final rule is 10~5; meaning 1 person in
              a population of 100,000 is at risk of getting  cancer.
              RSDs will not be apportioned.

     -   Reference Doses (RfDs) for^norvcarcinogens ">

              Estimate of the daily dose of a substance that will result in no
              observed adverse effects after a lifetime of exposure.

     Constituents without a CTRL were not regulated.  (Refer to Appendix A of this
     training course for CTRLs basis and reference levels for TC constituents.)

Part One:  Overview of TC

•    DAF is expected reduction in concentration of a constituent during transport;
     subsurface fate and transport model used to calculate compound-specific DAFs

•    DAF of 100, based on monte carlo simulation, set for final TC
     DAF represents expected reduction in concentration of a constituent during
     transport through soil and ground-water from leachate  release to exposure

     Unlike EP, DAFs for TC are compound-specific and/or  derived from ground-
     water transport model (EPACML), which includes an unsaturated zone module.

         Model Assumptions:
              infinite source
              constant aquifer thickness
              steady-state conditions
              uniform, continuous ground-water flow in vertical direction
              constituents in the  landfill degrade
              degradation in the  unsaturated  zone is limited to hydrolysis
              well located anywhere downgradient from landfill within the areal
              extent of the  plume based  on Subtitle D facilities
              ground-water recharge based on volume of water  and factors of the
              ground-water upstream of disposal site is uncontaminated
              hydraulic conductivity does not vary with temperature
         Data used:
              surveyed landfill data (size, distance to wells, thickness of
              unsaturated zone)
              compound-specific hydrolysis data
              soil adsorption data based on three soil categories
              30 climatic  ranges
         Model Parameters:
              ground-water velocity       -    ground-water pH
              hydrolysis rates            -    recharge rate
              ground-water temperature   -    exposure points
              source penetration depth    -    dispersivity values
              concentration of contaminant-    well location

Part One:  Overview of TC

•    DAF x CTRL =  Regulatory Level

         For example, arsenic MCL = 0.05 mg/l and DAF =  100; therefore, TC
         level* = 5.0 mg/l

•    If quantitation limit for chemical > regulatory level, then quantitation limit is
     regulatory level

•    Existing  14 EP toxicity regulatory levels remain the same

•    However, leaching procedures  are different; so wastes hazardous under EP
     and TCLP may  not be the same
     DAF x CTRL =  Regulatory Level

          Regulatory levels are calculated in 2 steps:
              The toxicity of constituents wtee8=^sieHSBddaiedtee^£ad*©Rment is
              measured by health-based CTRLs.
              The expected fate of constituents when released into
              environment is expressed as a DAF.
              Regulatory level  = DAF x CTRL

          Regulatory levels are  based on the assumption that a population drinks 2
          liters of water per day for 70 years.  (Refer to Appendix A of training
          course for regulatory  levels of TC constituents.)

•    If quantitation limit >  regulatory level, quantitation limit =  regulatory level

          The quantitation limit is the lowest level that can be  reliably measured in a
     --    3 constituents have regulatory levels  set at a quantitation  limit:
          2,4-dinitrotoluene, hexachlorobenzene, and pyridine.

•    Existing 1 4  EPTC  regulatory levels remain  the same, but  may result in different
     wastes being hazardous.

Part One:   Overview of TC

•    TCLP test replaces EP test

         Sampling for TCLP is required at the point of generation

•    Filtration, extraction, and/or separation of a  waste  to test nonvolatile organics

         Bottle extraction vessel
         Agitation apparatus
         Filtration devices

•    Zero-Headspace Extraction Vessel (ZHE) used to  test volatile organics
                            vt        ry
     The TCLP, which replaces the EP, is designed to determine the mobility of both
     organic and inorganic constituents present in liquid, solid, and multiphasic

     Sampling is required at the point of generation, i.e., when the waste becomes a
     solid waste.  A waste must be a solid waste before it can be classified as a
     hazardous waste under RCRA.

          EPA believes that determination of a waste at the point of generation is
          appropriate for surface impoundments and consistent with other
          hazardous waste regulations.

     If a waste leachate contains any of the constituents at a  concentration at or
     above the corresponding regulatory level, the waste is hazardous.

          Filtration, extraction and/or separation of a waste are used to test
          nonvolatile constituents.

          Zero-Headspace Extraction Vessel (ZHE) is used to test for the mobility of
          volatile constituents.

     The 15-step procedure for analyzing nonvolatiles and 16-step procedure for
     analyzing volatiles are revised in 40 CFR Part 261,  Appendix Il-Method 1311
     Toxicity Characteristic Leaching Procedure (TCLP).

     Wastes that have TCLP levels less than regulatory  levels are not necessarily
     nonhazardous.  These wastes may be  listed as hazardous (depending  on
     source or process of generation)  or may exhibit another hazardous waste

Part One:   Overview of TC
MAKING THE TC DETERMINATION                                   1-18
     Under TC, generators remain responsible for determining whether waste is

     If waste is not excluded, generator must determine whether the waste exhibits
     any hazardous waste characteristics

     Determination may be based on testing or knowledge

     If waste is hazardous and subject to Subtitle C control, generator must keep
     records unless the waste is specifically excluded or managed in exempt units
     Under TC, generators remain responsible for determining whether waste is

          Generators are not required to test wastes to make this determination.
          If a waste is excluded from regulation (40 CFR 261.4)  or is listed (Subpart
          D of 40 CFR Part 261), no further determination of hazardousness is

     If waste is not excluded, the generator must determine whether the waste
     exhibits any hazardous waste characteristics, TC being one such characteristic.

          Generator may determine whether waste exhibits a characteristic by (a)
          testing the waste or (b) applying knowledge of the waste.

     If a waste is hazardous, the generator must keep records.

          Records establishing basis for TC determination must  be kept at least
          three years after generator handles the waste.


       PART TWO

 Pollution Prevention and
the Toxicity Characteristic

Part Two:   TC and Pollution Prevention

•    Congress made waste minimization a national policy in RCRA §1003(b)

          Source reduction                ,

•    EPA  has made pollution prevention an Agency objective

          Highest priority on source reduction

•    1986 Report to Congress on waste minimization issues

          No mandatory waste minimization programs at this time
          Essential component of all regulations
     Congress declared waste minimization to be a national policy in RCRA
     §1003(b). The section emphasizes source reduction and recycling as strategies
     for managing solid waste.

     Similarly, EPA has made pollution prevention an Agency objective with a high
     priority on source reduction.  Source reduction means reducing the volume or
     toxicity of wastes before they are generated.

     In 1984, reflecting increased national concern over hazardous wastes, Congress
     directed EPA to report on the potential desirability and feasibility of mandatory
     waste minimization techniques.

     EPA's 1986 Report to Congress on  waste minimization explored technical,
     economic, and policy issues related to hazardous waste source reduction and
     recycling.  The Agency  concluded that mandatory waste minimization programs
     are not feasible or desirable at this time.

     EPA believes that continuing analysis of data from generators and other
     sources will provide the basis for a followup report to Congress later this year
     on the need for statutory authority on waste minimization.

     EPA is evaluating all regulations  and programs for waste minimization

Part Two:  TC and Pollution Prevention
POLLUTION PREVENTION ASSISTANCE                               2-2

•    EPA provides technical information to industry on waste reduction

         Pollution Prevention Information Clearinghouse
         Electronic Information Exchange System

•    EPA incorporates pollution prevention into communication strategy for the TC

•    EPA also  supports State source reduction programs
     EPA is providing technical information to industry on waste reduction.

         Pollution Prevention Information Clearinghouse (PPIC), a network of
         people and resources throughout the United States that have direct
         experience on waste reduction in many industries.

         Electronic Information Exchange System, part of PPIC, a data base of
         bulletins, programs, contacts,  and  reports related to pollution prevention.

     EPA is incorporating pollution prevention into the communication strategy for
     the TC regulation by providing information targeted towards small businesses
     specifically and industry in general  through pamphlets, industry publications,
     and conferences.

         The New Toxicity Characteristic Rule:  Information and Tips for Generators
         Does Your Business Produce  Hazardous Waste? Many Small Businesses
         Do (EPA-530-SW-90-027)

     EPA is supporting development of  State programs to assist generators  in waste
     reduction efforts.  Many States (Alaska, North Carolina, and Oregon, for
     example) already provide technical  assistance and waste reduction information
     to industry.

Part  Two:   TC and Pollution Prevention
POLLUTION PREVENTION INCENTIVES                               2-3

•    TC incentives  for pollution prevention:

          Economics (increased cost of compliance)
          Regulations (burdens of compliance)
          Public image
          Environmental concern

•    EPA  role in increasing pollution prevention
•    Generators can realize real economic savings from adopting waste minimization

          Increased land disposal costs
          Savings in raw materials
          Avoidance of costly alternative treatment technologies

•    The TC alters the management of wastes that contain toxic substances at
     hazardous levels by ending management in unregulated land-based units.

•    The high cost of compliance with RCRA Subtitle C requirements under the TC
     provides the regulated community with  significant incentives to rethink their
     practices for managing solid wastes that contain hazardous constituents.

•    Regulations such as (1) the required certification of a waste minimization
     program on the hazardous waste manifest and the biennial report, (2) the land
     disposal restrictions and  bans, and  (3)  the increasing permitting requirements
     for waste handling and treatment, direct generators toward increased waste
     reduction activities.

•    The potential reduction in generator liability for environmental  problems at both
     onsite and offsite treatment, storage, and disposal facilities, as well as for
     worker safety can translate into tremendous cost savings.

•    Developing an  effective waste minimization program can result in an improved
     public image in the community and  among employees.

.    Waste reduction provides direct benefits related to protecting human health and
     the environment from the mismanagement of hazardous wastes.

•    The bottom line for EPA  to get across:   generators can reduce waste and save

Part Two:   TC and Pollution Prevention
     Conduct a waste minimization assessment

         Select a few waste streams
         Keep accurate records

     Identify waste minimization techniques
                Inventory Mangement
                Modification of
Production Process
Recycling and Reuse
     First step in a waste reduction program is a waste minimization assessment.

         EPA recommends selecting a few wastes or processes for intensive
         Generators need to keep accurate records on existing waste generation
         rates and management costs, particularly for the waste streams targeted
         for source reduction or recycling.

     Many small businesses are turning to pollution prevention practices because of
     small quantity generator regulations.
         For example, a drycleaning operation reduced its solvent wastes by
         regularly checking for and sealing any system leaks, a production process
         change that can be practiced in all industries.
         Additionally, drycleaning operation modified its equipment by installing a
         conditioning system and a carbon adsorption unit to recover solvent.
     EPA believes that industries have the potential to substitute less toxic source
     materials in their processes as part of inventory management, and will consider
     whether any technical assistance could aid industry in these efforts.
         For example, low-toxicity paints can  be substituted in paint application
         processes, integral to many  industrial operations.

     Any suggestions from industries affected  by the TC on how the Agency might
     facilitate waste reduction  efforts should be directed to the Pollution Prevention
     Office, U.S. EPA, Washington, D.C.  20460.


           PART THREE

Relationship of Toxicity Characteristic
 to Other RCRA Subtitle C Programs

Part Three:  Relationship to Other RCRA Subtitle C Programs
                                                  TC Will Have No Effect
                                                       Huantou* Wane
                                                      Wnln haurdou* by
                                                     virtue ol the "mixture" and
                                                      "derived tram" rutoe
     TC may affect implementation of other RCRA programs:
         Corrective action and closure
         Land disposal restrictions (LDRs)
         Minimum technology requirements
         Mixture rule exemption
         Previously delisted wastes
         Special waste exclusions  d^
    The TC will have no direct effect on the following:

         Hazardous waste listings
         Waste that are hazardous by the "mixture" and "derived from" rules
         Wastes already excluded from  regulation under §261 .4

Part Three:  Relationship to Other RCRA Subtitle  C Programs
                            TC May Affect
                                          Land Disposal
              ^"-^iiinlmum^nolbfly ' -
                  ,- . ..-. '^.r^ .><•<:;   > ,*** I x.

 Part  Three:  Relationship to Other RCRA Subtitle C Programs
 CORRECTIVE ACTION AND CLOSURE                                3-3
 •    TC increases universe of regulated and affected facilities; therefore:

           Number of Subtitle C permitted and interim status facilities subject to
           corrective action will  increase
           Number of permitted or interim  status facilities deciding to close will
           Number of post-closure permits will  increase

/•)   Excavated material from corrective action and closure that exhibits the TC must
      be managed as hazardous waste

      TC levels are not used to set clean-up levels for corrective actions or clean
 •    To the extent that the TC adds more wastes of concern or brings more
      facilities  under the RCRA program as hazardous waste management facilities,
      additional units and facilities will be newly subject to the Subtitle C corrective
      action and closure requirements.

 •    Previously unregulated TSDFs managing TC wastes will be subject to RCRA
      requirements if they do not close  or change management practices (e.g.,
      exempt tanks) before TC becomes effective.

 •    Existing  RCRA facilities may have  to amend their closure plans to reflect newly
      regulated units.

 •    RIA estimates that at least 93 facilities will decide to close rather than seek a
      permit; number that actually decides to close may be  much higher.

 •    The Subtitle C corrective action program addresses remediation of releases of
      hazardous waste or constituents from facilities subject  to RCRA permitting. The
      TC levels are neither action levels nor cleanup standards, both of which are
      developed from site-specific information gathered during the investigatory  and
      evaluative phases of the process.

 •    TC constituent levels also are not related to:

           health-based cleanup standards,
           or "clean closure" levels

Part Three:  Relationship to Other RCRA Subtitle  C Programs
LAND DISPOSAL  RESTRICTIONS                                      3-4
     Some TC wastes not immediately subject to LDRs on effective date of TC rule;
     others will have LDR standards:

          LDR standards will be in effect for 14 wastes previously regulated
          under EP
          No LDR standards for 25 new TC wastes

     LDR treatment standards based on best demonstrated available technology
     (BOAT); the characteristic (regulatory)  levels developed using risk-based

          Nevertheless, for some constituents, LDR treatment standards are set at
          the characteristic (regulatory)  level
     HSWA requires EPA to make an LDR determination for all newly listed wastes
     within 6 months of publication in the Federal Register, or by the effective date
     of TC.  Newly listed or identified wastes are not automatically prohibited from
     land  disposal under LDRs if EPA fails to make this required determination
     within six months (i.e., no "hammer" provisions).

          EPA has set LDR standards for  14 EP characteristic constituents, which
          EPA does not consider newly identified.  These 14 constituents will have
          to meet LDR treatment standards before land disposal on effective date of
          TC rule.

          The 25 new organics identified by the TC are considered newly identified
          constituents and are not  (yet) affected by LDRs. A separate rulemaking
          will be required to set LDR standards for these constituents.

     EPA  will review treatability of each TC constituent independently when setting
     LDR  treatment standards for TC wastes.  These standards may differ from
     standards set for spent solvent wastes (F001-F005) based on differences in

     Since LDR treatment standards are based entirely on technology-based
     standards expressed  as BOAT, while  TC levels are based upon health-based
     allowable concentration levels and dilution/attenuation factors, the TC levels are
     not the same as LDR treatment standards.  However, for many of the
     characteristic wastes, EPA has set the LDR treatment standards at the
     characteristic (regulatory) level.

Part Three:  Relationship to  Other RCRA Subtitle C Programs
MINIMUM  TECHNOLOGY REQUIREMENTS                           3-5
     Facilities newly regulated under RCRA because of TC may need to comply with
     minimum technology requirements

     RCRA imposes minimum technology requirements on owners/operators of
     certain landfills and surface impoundments seeking permits

     HSWA requires:

          Interim status waste piles,  landfills, and surface impoundments to meet
          certain minimum technology requirements
          Surface impoundments to  be retrofitted to meet minimum technology
     Existing land disposal units (except surface impoundments) that already
     contained wastes that exhibit the TC will not require retrofitting unless they are
     expanding or are replacing units or continuing to place TC wastes in unit after
     TC effective date.

     The minimum technology requirements for interim status surface impoundments
     are found in 40 CFR 265.221.

     Surface impoundments that become regulated under Subtitle C because of the
     TC rule will need to meet the minimum technology requirements by March
     1994.  This extension applies only to those impoundments that contain solely
     the newly identified or characteristic wastes.

Part Three:  Relationship to Other RCRA  Subtitle C Programs
EXEMPTION FOR  TANKS                                              3-6
     TC wastes treated in wastewater treatment tanks are exempt from hazardous
     waste management standards under 40 CFR 264.1 (g) and 265.1 (c)

     Generators that manage TC wastewaters in on-site surface impoundments may
     switch to exempt tanks
     To escape Subtitle C regulation, generators and handlers must convert their
     surface impoundments to tanks prior to effective date of final rule

     Facilities managing TC wastes after the effective date, even unintentionally, will
     be subject to interim status standards

                                                         / -   ?„ r JL v
                                                         iT — **    a
     40 CFR 264.1 (g) and 265.1 (c) exempt treatment of hazardous wastes in
     wastewater treatment units from regulation under Subtitle C.

     A generator choosing to continue managing wastewaters in an on-site surface
     impoundment or to manage non-wastewaters on-site will require either interim
     status (and eventually a RCRA permit) or a RCRA permit modification or
     change during interim status, depending on whether or not the facility is
     currently a Subtitle C TSDF.

     If the conversion to tanks is not complete before the effective date of the final
     rule, the facility will need to apply for interim status, and the surface
     impoundment will be subject to the 40 CFR Part 265 closure  and  post-closure

     Part VI of this course discusses implementation scenarios in more detail.

Part  Three:  Relationship to Other RCRA Subtitle C Programs
MIXTURE RULE EXEMPTION                                           3-7

•    Mixture rule exemption was not modified in TC rule; mixtures of wastewaters
     and certain listed spent solvents are exempt unless the wastewaters:

          Exhibit a characteristic, or
          Contain listed hazardous wastes not specified in the exemption

•    TC may bring currently exempted wastewaters under Subtitle C regulation

•    EPA is considering reducing mixture rule exemption levels
     The mixture rule under 40 CFR 261.3(a)(2)(iv) provides an exemption from
     RCRA Subtitle C regulation for mixtures of wastewaters and certain listed spent
     solvents in low concentrations.

     The mixture rule exemption is an exemption from the hazardous waste listings,
     not the characteristics.  Therefore, the mixture rule  exemption is not an
     exemption from the TC rule.

     The mixture rule exemption ensures that mixtures of wastewaters and certain
     listed spent solvents will not be considered hazardous unless they exhibit a
     characteristic  of hazardous waste.

     EPA plans to  propose in the future that the mixture rule exemption levels be
     reduced so that they are equivalent to, or lower than, the TC regulatory levels.
     This would clarify the mixture rule exemption and make it more consistent with
     current risk information.

     The TC regulatory levels are  based on state-of-the-art toxicological data and
     risk assessment methodologies, and are the best measures available to identify
     wastewater mixtures that pose a threat to  human health and the environment.
     In  contrast, the mixture rule exemption levels are based upon less current risk

Part Three:  Relationship to Other RCRA Subtitle  C Programs
PREVIOUSLY DELISTED WASTES     Q#> <***•  ^o, 2 *3             3-8
     A waste may not be delisted if it exhibits a hazardous characteristic (e.g., the
     characteristic of toxicity)

     TC rule applies to already delisted wastes that exhibit the TC

         These wastes no longer considered "not hazardous"
         Wastes must be managed under Subtitle C

     Delisting levels are generally more stringent than the final TC levels; therefore,
     impact of TC rule  on previously delisted wastes is expected to be minimal
     Wastes "excluded" from Subtitle C regulation under the delisting program may
     nevertheless be hazardous if they exhibit a hazardous characteristic (see 40
     CFR 260.22).  Hazardous waste characteristic levels are those above which a
     waste is hazardous due to a particular property; delisting levels are those
     below which a waste is not hazardous for any reason. Thus, it is reasonable
     that these two levels do not coincide.

     EPA has decided to use the Toxicity Characteristic model  (EPACML) in place of
     the model currently used in the delisting program.

     Although the TC rule applies to delisted wastes, EPA does not, in general,
     expect that  such wastes will become hazardous because of application of the
     revised TC.   However,  if a previously delisted waste exhibits the TC, it will again
     be subject to Subtitle C requirements and the facility will have to notify EPA of
     its activity.

Part Three:  Relationship to Other RCRA Subtitle C Programs
SPECIAL WASTE EXEMPTIONS                                       3-9

•    RCRA defines four special waste categories:

         Mining wastes
         Mineral processing wastes
         Oil and gas wastes
         Domestic sewage

•    Subtitle C may apply to special wastes on a case-by-case basis

•    Special waste exclusions are being reevaluated as mandated by Congress

•    TC may be  applicable to those special wastes regulated under Subtitle C
     If EPA makes a determination that any special wastes should be regulated
     under RCRA Subtitle C, the Agency will at that time make a separate
     determination concerning the applicability of the  TC to such wastes.

     After completing the studies required by RCRA Section 8002, EPA may
     determine that one or more special wastes should be regulated under RCRA
     Subtitle C.  Such wastes would then be  listed or the generators required to
     determine whether the wastes exhibit a hazardous characteristic, including TC.

     Bevill wastes (i.e., mineral processing) and oil and gas wastes are currently
     having their regulatory status reviewed.  Several  formerly exempt Bevill wastes
     have had their exclusion removed and are now being regulated under Subtitle

 Part Three:  Relationship to Other RCRA Subtitle C Programs
 MIXED WASTE                                                        3-10

 •    Mixed waste with TC constituents is considered HSWA regulated

 •    Therefore, EPA Regions have responsibility to implement

           State mixed waste status for TC-contaminated wastes does not matter

 •    Many generators will be small quantity generators

 •    EPA  Regions will need to issue storage permits
.•'"•)   Mixed waste regulation is not a HSWA provision.  Therefore, generally, EPA will
      not administer mixed waste regulations.

 (•}   Mixed waste with TC constituents is HSWA; therefore, EPA has responsibility to
      implement the RCRA program.

           State status regarding mixed waste does not matter for TC mixed wastes.

           EPA will administer program in States that both have and do not have
           mixed  waste authorization.

 •    Many generators of mixed waste may be small quantity generators (e.g.,
      universities,  hospitals).

 •    Major EPA role will be to issue permits to storage facilities (there are  no
      approved disposal facilities).

                         ^.s  "*      ,.,*J:*<^

Part Three:  Relationship to Other RCRA Subtitle C Programs

•   The TC will have no direct effect on  the following:

         Hazardous waste listings
         Waste that are hazardous by the "mixture" and "derived from" rules
         Wastes already excluded from  regulation under §261.4

Part  Three:  Relationship to Other RCRA Subtitle C Programs
HAZARDOUS  WASTE LISTINGS                                       3-12
     TC rule has no effect on listings of hazardous waste

     Waste listed as hazardous is always considered hazardous, unless delisted

          Listed wastes with concentrations of TC constituents below regulatory
          levels are still hazardous
     Hazardous waste listings will continue to complement the revised TC, as they
     did the EP characteristic.  The TC revisions do not justify elimination of any of
     the hazardous waste listings.

     Listed wastes continue to be hazardous, despite the fact that they may contain
     TC constituents in concentrations below the regulatory levels.

     TC regulatory levels are not designed to identify the full  range of wastes that
     may be toxic to human beings.  Instead, the characteristic levels were
     established at concentrations where there is a high degree of certainty that any
     wastes with constituents at levels exceeding the  regulatory levels pose a
     potential threat to human  health.

     Listed wastes that pass the characteristic test  may nevertheless be hazardous,
     either  because:

         They contain listed constituents at concentrations below the TC regulatory
         levels but at levels and under circumstances that nevertheless render the
         waste hazardous, or
         They contain hazardous constituents that are not covered by the TC rule.

     Listed wastes frequently contain hazardous constituents  other than the ones
     cited in Appendix VII of 40 CFR Part 261. The additional hazardous
     constituents that are present in a waste may not be on the list of TC
     constituents.  Removing wastes from a hazardous waste listing without an
     evaluation of additional constituents would be  inconsistent with the intent of
     RCRA §3001 (f).

Part Three:  Relationship to Other RCRA Subtitle C Programs
"MIXTURE" AND "DERIVED FROM" RULES                           3-13
     TC has no effect on regulatory status of waste mixtures or derived from wastes

          Mixture of listed wastes and solid wastes and residues  derived from listed
          wastes are still hazardous until delisted

     TC alone is not  adequate to regulate mixtures and treatment residues

     Problems may result by applying mixture and derived from rules

          EPA expects to establish self-implementing de minimis  exemption
     The "mixture" rule (40 CFR 261.3(a)(2)(iv)) states that any mixture of a listed
     hazardous waste and a solid waste is itself a RCRA hazardous waste.

     The "derived from" rule (40 CFR 261.3(c)) states that any waste derived from
     the treatment, storage, or disposal of a listed hazardous waste is hazardous.

     EPA  does not believe TC rule alone is sufficient to determine if waste mixtures
     or treatment residues are hazardous.  Many of the reasons are the same as for

          May be additional, non-TC constituents in mixture or residue that make
          substance hazardous;
          May be inconsistent with RCRA §3001 (f); or
          Concentration levels below TC levels may still pose risk to human health
          or environment.

     The mixture  and derived from rules may create some inequities  in the treatment
     of certain diluted wastes.  For example, very low concentrations of constituents
     in listed wastes may still be considered hazardous after treatment.

     EPA  plans to propose an amendment to the definition of hazardous waste,
     establishing  self-implementing de minimis exemption levels for hazardous
     constituents  found in listed wastes.   Listed wastes that meet these exemption
     levels would no longer be listed hazardous wastes and thus would need to be
     managed as hazardous wastes only if they exhibit a hazardous waste

Part Three:  Relationship  to  Other RCRA Subtitle C  Programs
§261.4(b) EXCLUSIONS	3-74

•    TC rule does not apply to wastes that are already excluded from Subtitle C
     regulations under §261.4

          For example, household hazardous waste is excluded from
          Subtitle C;  it remains excluded after TC effective date

•    TC rule does not add any exclusions to the applicability of previously
     promulgated hazardous waste characteristics
     Wastes already excluded from Subtitle C regulations will continue to be exempt
     from regulation as hazardous wastes, even if they exhibit the TC.
     EPA does not at this time intend to expand the list of exemptions under
     §261.4(b) to include creosote- and pentachlorophenol-treated wood.

     Other wastes that are excluded from Subtitle C in §261.4(b) include:

          Household hazardous wastes
          Certain mining wastes
          Certain solid wastes generated from farming or raising animals
          Certain wastes generated primarily from the combustion of coal or other
         fossil fuels
         Waste associated with production of crude oil and natural gas
         Some chromium containing wastes
         Solid waste from extraction, beneficiation, and processing of ores and
          Cement kiln dust waste
          Certain wood or wood products


            PART FOUR

Relationship of Toxicity Characteristic
           to Other Laws

Part Four:  Relationship to Other Programs
OVERVIEW                                                           4-1

     •    Underground Storage Tanks (LIST)

     .    CERCLA or Superfund

         Clean Water Act (CWA)

         Safe  Drinking Water Act (SDWA)

     •    Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

     •    Used Oil Recycling Act

     •    Toxic Substances Control Act (TSCA)

     •    Lead Abatement
•    RCRA Regional personnel may be asked questions about how TC affects
     various programs.

•    In general, TC increases the areas in which RCRA overlaps with other

•    Some exclusions in TC rule directly address certain overlaps with other laws

     --   UST
         RGBs under TSCA

Part Four:  Relationship to Other Programs
     Two programs currently regulate underground storage tanks:

         Tanks containing solid or hazardous wastes - Subtitle D or C
         Tanks containing product (petroleum or hazardous substances) - Subtitle I

     TC may increase number of tanks regulated under Subtitle C

     Product (petroleum, hazardous substance) that leaks may become a waste and
     may also exhibit TC

     Subtitle I and Subtitle C potentially overlap if a substance exhibits the TC
     characteristic and  origin of substance is not known
     It is important to determine what is contained in a tank to determine which
     regulatory program (i.e., Subtitle C or Subtitle I) applies:

         Subtitle C regulates hazardous wastes
         Subtitle I regulates hazardous substance product and petroleum

     Hazardous product that leaks may become hazardous waste

     Petroleum and hazardous product may exhibit the TC

Part Four:  Relationship to Other Programs

•    Corrective action under Subtitle I addresses releases of product

•    Old releases of product not subject to Subtitle I may have occurred

         Inactive tanks
         In areas considered RCRA solid waste management units

•    If waste exhibits TC for D004-D017, RCRA standards may apply to these old

•    TC rule exempts D01 8-D042 wastes from RCRA regulation if covered under
     Subtitle I Corrective Action
         Petroleum-contaminated soil and ground water
         Petroleum-contaminated debris (tanks, sludges in tanks)

     EPA is studying impacts of Subtitle C regulation on petroleum-contaminated
     Petroleum contains several of the TC hazardous constituents.  Therefore, it is
     likely that some of the petroleum-contaminated media will exhibit the TC.

     The management of any petroleum-contaminated media exhibiting TC would
     normally be subject to Subtitle C requirements for hazardous waste
     management.  However, EPA believes further study of these impacts is
     necessary before imposing TC requirements on soil and ground water
     contaminated solely by gasoline from USTs.

     Because the Agency has insufficient information concerning the impact of the
     TC rule on LIST cleanups, but believes that any such impact may  be
     environmentally counterproductive, EPA has decided to defer a final decision
     on the application of the TC to media and debris contaminated with petroleum
     from USTs exhibiting the  D018-D042 waste characteristics that are subject to
     the 40 CFR Part 280 requirements.

     EPA believes deferral of a final decision concerning the application of the TC
     rule to UST cleanups is necessary because imposition of the Subtitle C
     requirements is likely to significantly delay cleanups and severely discourage
     the self-monitoring and voluntary reporting essential to implementation  of the
     UST program.

Part Four:  Relationship to Other Programs
CERCLA OR SUPERFUND                                            4-4
     CERCLA response actions must comply with all ARARs, including RCRA

     TC will cause more Superfund wastes to be classified as RCRA hazardous

     Thus, more Superfund cleanups will be subject to RCRA ARARs

     TC will not however, affect CERCLA clean-up levels
     Comprehensive Environmental Response, Compensation, and Liability Act
     (CERCLA or Superfund) addresses remediation of inactive waste sites.

     ARARs are "applicable or relevant and appropriate requirements."  CERCLA
     must meet other Federal or State environmental requirements when they are
     applicable or relevant and appropriate to CERCLA action.

     Primary effect of TC on Superfund will be to regulate many organic constituents
     found at Superfund sites as RCRA hazardous wastes.

         A current problem at many Superfund sites is determining  if organic
         constituent  is from a listed RCRA hazardous waste (e.g., is acetone a
         spent solvent?)

         Often, there is little evidence about the source of contamination that exists
         at  Superfund sites to prove waste is a listed waste. Therefore, waste may
         not be managed under RCRA (but it will be  handled in a protective
         manner according to risk assessment)

         Under the TC, if acetone is found above TC regulatory level, waste is
         hazardous regardless of whether evidence exists to determine if it  is a
         spent solvent.

     Like RCRA corrective actions, Superfund response personnel will not use the
     TC to determine  whether to undertake a clean-up action; rather, the TC will
     affect decisions concerning the management of wastes generated during
     cleanup activities (i.e., hazardous wastes generated during cleanup must they
     be managed in accordance with Subtitle C).

Part Four:  Relationship to Other Programs

•   The CWA controls discharges of pollutants to surface waters and to publicly
    owned treatment works (POTWs)

•   Regulatory levels of TC consistent with CWA levels:

         NPDES effluent guidelines
         Pretreatment standards
     Clean Water Act regulates discharges of hazardous substances to surface
     water (through NPDES permit program), and pretreatment standards for

     EPA believes TC levels and CWA standards are consistent.

     These CWA discharges are exempt from RCRA regulation under 40 CFR Part

     Therefore, treated wastewaters exhibiting TC are regulated under RCRA unless:

     -- ,  discharged under NPDES unit
         treated in POTW

Part Four:  Relationship to Other Programs

•   Wastewaters subject to CWA standards

         May not have exhibited RCRA hazardous waste characteristic
         May, however, now exhibit TC
         Therefore, may be subject to RCRA management standards unless

•   EPA believes few POTW sludges will exhibit TC

         Those that do are subject to RCRA
         EPA may reconsider exclusion for sludges from RCRA
    Wastewater treatment facilities using impoundments to treat TC waste may be
    subject to RCRA.

         The Agency expects many owner/operators to replace impoundments with
         treatment tanks.

         Wastewater treatment tanks are exempt from  Subtitle C  regulation 40 CFR
         264.1(g)(6) and 265.1(c).

    If a POTW sludge  (from wastewater treatment) exhibits TC, however, the
    owner/operator must treat the sludge to remove the characteristic.

         Through pre-treatment program (i.e., before POTW receives discharge); or

         Treatment after sludge is produced.

    Agency indicates that it may reconsider its current  decision to regulate  under
    RCRA POTW sludges after the sewage sludge management regulations are

Part Four:  Relationship to Other Programs
SAFE DRINKING WATER ACT (SDWA)                               4-7

•    SDWA mandates EPA to establish regulations to protect human health from
     contaminants in drinking water

•    SDWA primary drinking water regulations include MCLs for specific

•    TC levels based on SDWA MCLs in many cases
     Safe Drinking Water Act establishes maximum levels of contaminants
     acceptable in public drinking water supplies.

         Maximum Contaminant Levels (MCLs)
         Maximum Contaminant Level Goals (MCLGs)

     TC fate and transport model assumes ingesting contaminated drinking water
     and uses MCLs as basis for setting regulatory levels for many TC constituents.

Part Four:  Relationship  to Other Programs

•    Underground  injection control (UIC) program regulates injection of fluids to
     protect underground sources of drinking water (USDWs)

•    Five classes of wells regulated under UIC

          Class  I - municipal or industrial waste
          Class  II - oil and gas production
          Class  III  - mineral recovery
          Class  IV - hazardous or radioactive waste into or above a USDW
          Class V - all other wells used for injection of fluids
                  (include septic tanks,  sumps)
     Class I  wells are often used by generators of hazardous waste or
     owner/operators of hazardous waste management facilities to inject hazardous
     waste.  The largest user of hazardous waste Class I wells is the  chemical

     Class IV wells are  banned with the exception of wells used for remediation of
     aquifers which have been  contaminated with hazardous wastes (40 CFR

     The largest group  of injection wells is Class V,  with approximately 180,000
     wells.  The second largest group of wells is the Class II group which contains
     approximately 150,000 wells, followed by Class III wells with 20,000.   Class I  is
     the smallest class  of wells with 554 reported in 1989.

     The Agency is working on enforcing  the ban on shallow injection of hazardous
     wastes.  The Agency  is also developing guidance  on best management
     practices to reduce the amount and toxicity of  wastes generated by these
     users of Class V wells and to try and eliminate their use for disposal of
     industrial wastes (40 CFR  144.24).

Part Four:  Relationship to Other Programs
SAFE DRINKING WATER ACT (SDWA)                                 4-9

•    TC rule may:

          Increase number of Class I wells accepting TC wastes
          Bring newly identified hazardous Class I wells into Subtitle C

•    Many Class V wells could be accepting hazardous wastes; number may
     increase with TC rule

•    Class V wells likely receiving TC wastes:

          Agricultural drainage wells
          Industrial drainage wells
          Experimental technology wells
          Industrial process water and waste disposal wells
          Automobile service station wells, and
          Aquifer remediation-related wells
     Most of the categories of Class V wells probably are not currently receiving
     injected RCRA hazardous waste.  Wastes injected into many of the Class V
     wells are exempted from regulation as a hazardous waste.  For example:
     geothermal electric and direct heat  reinjection wells, several of the domestic
     wastewater disposal wells, most of the mineral and fossil fuel recovery-related
     wells,  and certain experimental technology wells.

     Some facilities that inject hazardous wastes in  Class V wells probably are small
     quantity generators and, therefore, may be conditionally exempt from
     hazardous waste regulations, if they produce < 100 kg per month of  hazardous
     waste and meet all other  regulations.

     Many  of the facilities that  operate Class V wells (e.g., auto service stations) also
     generate listed hazardous waste, such as solvents.  It is possible that some
     facilities are not managing their listed  wastes properly and that the wastes are
     entering Class V wells.

     It also appears that fluids released into these wells could contain metals and
     organics on the new TC list of toxicants.

     It is unclear at this time what effects TC will  have on UIC program because
     Class  V program is very new.

Part Four  Relationship to Other Programs
(FIFRA)                                                               4-10

•    FIFRA regulates sale, distribution, and use of all pesticide products

•    TC rule:

         Adds one pesticide to TC constituents
         Retains six pesticides regulated under old EP

•    Other TC constituents may be ingredients in pesticides

•    If pesticide wastes exhibit the TC, they are subject to Subtitle C regulation
     unless they are exempt
     Current RCRA exemptions limit extent pesticide users subject to RCRA:

         Household waste (e.g., household pesticide wastes) exemption.

         Farmers exemption (i.e., if triple rinse containers, dispose  of the rinsate on
         own farm  40 CFR 262.51 and follow label instructions.

         Small quantity generator reduced requirements.  Many pesticide users are
         small quantity generators.

         Properly emptied containers may be exempted  from further RCRA
         requirements under 40 CFR 261.7.  Many pesticide containers, therefore
         may not be subject to regulation as hazardous  waste.

     No change in listed  pesticide wastes that are either pure, technical grade, or
     sole active ingredient product wastes; will continue to be regulated under
     Subtitle C (P and U listings).

         The exemption for arsenic-treated wood was not expanded in the TC rule

         This exemption may be reevaluated in the future

Part Four:  Relationship to Other Programs
(FIFRA)	'	4-11

•    Multiple active ingredient products

          Not listed as hazardous (i.e., not P- or U-wastes when disposed)
          Hazardous only if they are  a solid waste and exhibit a characteristic

•    TC increases potential for multiple active ingredient product wastes to be

•    Principal TC effects felt by: commercial applicators (i.e., large quantity
     generators who use multiple active ingredient products)
     The principal effects of adding new pesticide constituents to the TC will be felt
     by commercial applicators, such as aerial applicators and pest control
     operators. If they use large quantities of multiple active ingredient pesticide
     products  that  have not previously been regulated, such applicators may be
     newly subject  to RCRA Subtitle C requirements.

     Wastes from multiple active ingredient products that do not exhibit a
     characteristic will  still be regulated under any applicable FIFRA and RCRA
     Subtitle D requirements.

Part Four:  Relationship to Other Programs
USED OIL RECYCLING ACT                                          4-12
     Some used oil exhibits TC or ignitability characteristic

     TC will affect used oil that is disposed of,  primarily in three categories:

          Used oil used for road oiling
          Used oil that is dumped
          Used oil that is disposed in solid waste landfills and incinerators

     TC will not affect used oil that is:

          Managed by do-it-vourselfers (exempt as household hazardous waste)
          Recycled through energy recovery (40 CFR Part 266 regulates this
          Recycled in any other manner (exempt from RCRA regulation)
     Used oil may exhibit TC characteristic.

     Used Oil exhibiting characteristic that is disposed of is subject to full RCRA
     Subtitle C  regulation.

     Characteristic as well  as non-hazardous used oil that is recycled by being
     burned for energy recovery is subject to Subpart E of 40 CFR Part 266, or
     Subpart D is mixed with hazardous waste.

          Used oil generated by do-it-yourselfers is exempt from RCRA under 40
          CFR  261.4(b)(1) or is subject to reduced requirements under the small
          quantity generator provisions of 261.5.

          Used oil that exhibits one or more of the characteristics of  hazardous
          waste but is recycled in some other manner than being burned for energy
          recovery is  exempt under 261.6(a)(3)(iii).

     Significant quantities of used oil may exhibit EP toxicity for metals, but little
     used oil is currently recognized as EP toxic.

     Shifts in used oil management practices may result from regulation of used oil
     under the  TC.  Management practices may shift away from road oiling,
     dumping, and disposal in  solid waste facilities to burning as fuel, recycling, and
     disposal in Subtitle C facilities.

     Standards for controlling used oil that is recycled were proposed on November
     29, 1985 (50 FR  49212), but are not final.

Part Four:  Relationship to Other Programs
TOXIC SUBSTANCES CONTROL ACT (TSCA)                       4-13

•   TSCA addresses manufacturing,  processing, distribution of hazardous
    substances or mixtures; PCBs are a major regulated substance

•   If TSCA-regulated products become wastes, they become RCRA regulated

•   If PCBs are fully regulated under TSCA, TC rule exempts certain PCB-wastes
    from RCRA

•   Exempt wastes include PCB-containing dielectric fluids removed from:

         Electrical transformers
         Associated PCB-contaminated electrical equipment

•   RCRA retains regulation of PCB wastes classified as D004-D017 wastes
     Toxic Substances Control Act (TSCA) regulates toxic substances and
     specifically addresses PCB management and disposal.

     Dielectric fluids from electrical transformers, capacitors and associated PCB-
     contaminated electrical equipment could exhibit the TC because they may
     contain TC constituents such as chlorinated benzene.

         These wastes are exempted from Subtitle C management standards if
         they exhibit waste codes D018-D043.

         The exemption applies only to certain wastes noted above fully regulated
         under TSCA, not all PCB wastes.

     PCB wastes exhibiting D004-D017 characteristics (i.e., those hazardous under
     EP toxicity) remain regulated under RCRA if they are a D004-D017 waste under

Part Four:  Relationship to Other Programs
LEAD ABATEMENT                                                   4-14
     TC rule retains existing regulatory level for lead (0.5 mg/l) pending further
     Agency validation and study.of the fate and transport of metals

     TCLP test may be more aggressive than the EP test in certain concentration
     ranges of lead and under certain conditions

         More lead wastes might be hazardous by TC
         This determination will depend on total lead concentration

     TCLP and EP yield similar results at concentration ATSDR recommends for lead
     abatement level (500-1,000 ppm total lead)
•    ATSDR has recommended a lead abatement level of between 500 and 1,000
     ppm for lead.

•    Superfund  recently issued directive recommending cleanup of sites to meet
     total lead levels set forth in ATSDR standards.

•    Results show TCLP is a more aggressive test (i.e., results  in greater lead
     concentrations in leachate) than the EP in the 2,500 to 10,000 ppm (total lead
     in soil) range, but appears to give similar results in other concentration ranges.

•    ATSDR proposes using an action level of 1,000 ppm for lead abatement
     programs.  At this level, TCLP and EP appear to yield similar results.