&EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
Superfund Publication:
9347.3- 11FS
October 1990
CERCLA Compliance
with the RCRA Toxicity
Characteristics (TC) Rule: Part n
Office of Emergency and Remedial Response
Hazardous Site Control Division OS-220
Quick Reference Fact Sheet
CERCLA remedial actions must comply with the requirements of the Resource Conservation and
Recovery Act (RCRA) when they are determined to be applicable or relevant and appropriate requirements
(ARARs) unless a waiver is justified. For RCRA Subtitle C hazardous waste requirements to be applicable,
the CERCLA response action must constitute either treatment, storage, transport, or disposal of a RCRA
hazardous waste. Therefore, to make determinations about the applicability or relevance and appropriateness
of RCRA requirements, site managers need to understand how to identify whether a CERCLA waste is a
RCRA hazardous waste (including when a waste exhibits the newly promulgated toxicity characteristics (TC)).
The purpose of this guide, the second dealing with the TC rule (see ARARs Qs & As, Compliance with the
Toxicity Characteristics Rule: Part I, May 1990, Publication 9234.2-08FS) is to provide a general framework
for managing CERCLA wastes in accordance with the new requirements.
In order to ensure that all CERCLA response
actions comply with RCRA requirements that are
applicable or relevant and appropriate (including
removal actions when compliance is determined to
be practicable), site managers need to know
whether contamination at the Superfund site
includes RCRA hazardous wastes (see Highlight
1). In determining the presence of RCRA wastes
that are hazardous because they exhibit the
characteristic of toxicity, site managers must take
into account a new RCRA regulation, the Toxicity
Characteristic (TC) rule, which EPA promulgated
on March 29, 1990 and which takes effect on
September 25,1990.
THE TOXICITY CHARACTERISTIC RULE
The TC rule (55 FR 11798, March 29, 1990)
requires use of the toxicity characteristic leaching
procedure (TCLP) test in place of the extraction
procedure (EP) test to determine whether wastes
exhibit the characteristic of toxicity. As with the
EP, site managers are not required to test their
wastes to determine if they exhibit the toxicity
characteristic; knowledge of the wastes may be
sufficient to make this determination [40 CFR
261.10(a)(2)(ii)]. Specific knowledge of CERCLA
wastes will not be available at many Superfund
sites, however, so that testing may be necessary.
Highlight 1
TYPES OF RCRA HAZARDOUS WASTES
Listed Wastes: Wastes from specific processes
or from specific or non-specific sources that EPA
has "listed" as RCRA hazardous wastes. These
wastes carry the waste codes "F, K, P or U." For
example:
K015 Still bottoms from the production of
benzyl chloride.
Characteristic Wastes. Wastes that exhibit any
one of four hazardous characteristics (these
wastes carry a "D" waste code):
• Ignitability
• Corrosivity
• Reactivity
• Toxicity
Note: A RCRA hazardous waste must first be a
solid waste, which is defined by RCRA as
any material that is disposed of (i.e.,
abandoned, recycled in certain ways, or
considered inherently waste-like).
Exclusions from the definition (e.g.,
domestic sewage sludge, household
wastes) are listed in 40 CFR 261.4(a) and
Printed on Recycled Paper
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Highlight 4
CHARACTERIZATION AND LDR COMPLIANCE OF RCRA CHARACTERISTIC WASTE: EP vs. TCLP
Promulgation Promulgation
ol TC Rule of Third Thirds
March 29, 1990 May 8, 1990
Effective Date
of Third Thirds
August 8, 1990
T
Effective Date
of TC Rule
September 25, 1990
April
May
June
July
August
EP lo teat lor
characterlatlc
EP or TCLP to Itil
for characteristic
September
October
EP or TCLP to test
lor characteristic;
TCLP to teat lor
compliance with
LDR treatment
standards
(EP or TCLP tor
arsenic snd lead)
December
TCLP to teat lor
characteristic;
TCLP to test tor
compliance with
LDR treatment
standards
(EP or TCLP for
arsenic snd lead)
Pre-ROD
During an on-going RUFS, or in cases where
the investigation is complete but the ROD has not
yet been signed, site managers should assess (either
through use of the TCLP or knowledge of the
waste, which could include EP test results) whether
the wastes being managed are hazardous by toricity
characteristic and determine which, if any, RCRA
Subtitle C requirements may be ARARs for each
of the alternatives being considered.
Post-ROD
For RODs signed before March 29, 1990 that
involve on-site disposal of waste, site managers do
not have to run the TCLP to determine
applicability of Subtitle C hazardous waste
requirements because ARARs generally are
considered to be "frozen" when a ROD is signed
(although an assessment of the protectiveness of
the remedy, in light of a new requirement, should
be made). Because the TC rule simply addresses
whether a waste is a characteristic RCRA
hazardous waste, its consideration generally should
not affect determinations made during the RI/FS
and remedy selection process of the protectiveness
of a remedy.
If an ongoing or planned response action
(regardless of when the ROD was signed) involves
or will involve off-site disposal of wastes after
September 25, 1990, the wastes must be evaluated
for the toricity characteristic to ensure that
applicable RCRA Subtitle C requirements are met
at the time of disposal For example, if wastes that
exhibit the TC (but were not considered hazardous
under the EP when tested earlier) are being
disposed of in an off-site municipal Subtitle D
landfill, these wastes can no longer be disposed of
in this manner after September 25, 1990. These
wastes will need to be disposed of in a RCRA
Subtitle C facility or treated such that they are no
longer characteristic prior to disposal in a Subtitle
D facility. Depending on which of these options is
chosen, a ROD amendment or explanation of
significant differences (ESD) would need to be
issued.
NOTICE: The policies set out in this memorandum are intended soleJy as guidance. They are not intended, nor can they be
relied upon, to create any rights enforceable by any parry in litigation with the United States. EPA officials may decide to follow
the guidance provided in this memorandum, or to act at variance with the guidance, based on an analysis of specific site
circumstances. The Agency also reserves the right to change this guidance at any time without public notice.
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Constituents Regulated - The TC rule establishes
regulatory levels for an additional 25 organic
chemicals that were not previously regulated
(D018-D043) and retains the regulatory levels for
the 14 chemicals originally regulated under the old
EP (i.e., D004-D017). Each of the constituents
regulated and their regulatory levels (based on the
TCLP) are shown in Highlight 2. Because the new
chemicals regulated are organic constituents
commonly found at Superfund sites, it is likely that
more wastes at Superfund sites will exhibit the
RCRA toxicity characteristic and will require
management in accordance with RCRA Subtitle C
hazardous waste requirements.
The results of the TCLP and EP tests generally
are expected to be the same for the original 14
constituents (i.e., if a waste tested as non-
characteristic under the EP test, it would not be
expected to exhibit the characteristic under the
TCLP test as well). However, in some cases,
wastes that were not hazardous under the EP may
be hazardous under the TCLP. Appropriate
management and compliance options in such
situations are discussed in the following section.
RELATIONSHIP OF TC TO OTHER RCRA
REQUIREMENTS
• LDRs. As described in Superfund LDR Guide
#8, Compliance with Third Third Requirements
under the LDRs, the Third Third LDR rule
promulgated on May 8, 1990, set LDR
treatment standards for the 14 RCRA wastes
that are identified as hazardous by characteristic
using the EP toxicity test. (Note: compliance
with the LDR standards for most characteristic
wastes is based on the TCLP.) For the eight
EP toxic metals (D004-D011), EPA generally
set the LDR treatment standards as
concentrations at the characteristic level, with
the exception of selenium nonwastewaters, for
which the treatment standard was set above the
characteristic level, and certain high mercury
nonwastewaters, for which a treatment
technology of mercury retorting was set. For
the pesticide wastewaters, a technology (e.g.,
incineration, biodegradation) was specified as
the treatment standard. For pesticide
nonwastewaters, the treatment standards were
set as total waste concentrations (not extract
Highlight 2
CONSTITUENTS AND REGULATORY LEVELS ESTABLISHED UNDER THE TOXICITY CHARACTERISTIC RULE
Old EP Toxicity Constituents New TC Constituents (conL)
Waste
Code
D004
D005
D006
D007
D008
D009
D010
D011
D012
D013
D014
D015
D016
D017
(now regulated under
Regulated
Constituent
Arsenic
Barium
Cadmium
Chromium
Lead
Mercuiy
Selenium
Silver
Endrin
Lindane
Methoxychlor
Toxaphene
2,4-D
2,4,5-TP (silvex)
TC)
Reg. Level
CmE/11
5.0
100.0
1.0
5.0
5.0
0.2
1.0
5.0
0.02
0.4
10.0
0.5
10.0
1.0
New TC Constituents
Waste
Code
D018
D019
D020
D021
Regulated
Constituent
Benzene
Carbon tetrachloride
Chlordane
Chlorobenzene
Reg. Level
fme/n
0.5
0.5
0.03
100.0
Waste
Code
D022
D023
D024
D025
D026
D027
D028
D029
D030
D031
D032
D033
D034
D035
D036
D037
D038
D039
D040
D041
D042
D043
Regulated
Constituent
Chloroform
o-Cresol
m-Cresol
p-Cresol
Total cresols
1.4-Dichloro benzene
1,2-Dichloroethane
1,1-Dichloroethylene
2,4-Dinitrololuene
Heptachlor (and its epoxide)
Hexachlorobenzene
Hexachloro-l,3-butadiene
Hexachloroethane
Methyl ethyl ketone
Nitrobenzene
Pentachlorophenol
Pyridine
Tetrachloroethylene
Trichloroethylene
2,4,5-Trichlorophenol
2,4,6-Trichlorophenol
Vinyl chloride
Reg. Level
Cms/11
6.0
200.0*
200.0*
200.0*
200.0*
7.5
0.5
0.7
0.13
0.008
0.13
0.5
3.0
200.0
2.0
100.0
5.0
0.7
0.5
400.0
2.0
0.2
* If o-, m-, and p-Cresol cannot be differentiated, total
cresol
concentration of 200.0 mg/1 is
used as the
regulatory level.
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concentrations). Although some of the total
waste concentrations for these pesticide
nonwastewaters appear to be higher than the
levels that define the wastes as hazardous, when
the 20 to 1 dilution factor inherent in the TCLP
and EP protocols is considered, no certain
relationship between the two standards can be
stated, and, therefore, testing likely will be
necessary to determine whether wastes treated
to the LDR treatment standards remain
hazardous.
The 25 new organic constituents are considered
"newly identified" wastes, and will not be subject
to the LDRs until the Agency promulgates
treatment standards for those wastes.
Furthermore, no other LDR restrictions (e.g.,
soft hammer requirements, California list
restrictions) apply to these newly identified
wastes; however, they must be disposed of in
accordance with other RCRA Subtitle C
requirements (i.e., in a regulated Subtitle C
disposal unit).
Where wastes not hazardous under the EP test
fail the TCLP test, these wastes also are
considered RCRA "newly identified" wastes, and
are not subject to LDR treatment standards.
Highlight 3 provides examples of how LDR
requirements may apply to TC wastes.
Delisting. Wastes that have been delisted may
still be considered hazardous under RCRA if
they exhibit the TC (or other) characteristic.
Although this is not expected to occur, site
managers who will be disposing of wastes or
treatment residuals that have been delisted, or
are in the process of being delisted, must
nevertheless determine (either through testing
or knowledge of the wastes) if their wastes
exhibit the toxicity characteristic.
COMPLIANCE EVALUATIONS
As a result of the TC rule, site managers may
need to evaluate whether wastes at a site exhibit
the toxicity characteristic during the site
investigation and implementation phases of a
CERCLA response. Highlight 4 contains a
timeline outlining the legally acceptable options
(established in the TC and Third Third rules) for
using the EP and the TCLP to test for the
characteristic of toxicity and compliance with LDR
treatment standards.
Highlight 3
EXAMPLES OF LDR REQUIREMENTS
FOR TC WASTES*
• A TC waste containing lead (D008) at
8.0 mg/1 (based on leachate analysis)
must be treated (e.g., by using
immobilization) to comply with the
LDR treatment standard of 5.0 mg/1
before land disposal. Because the LDR
treatment standard is also the
characteristic level, the treated wastes
would no longer be considered a
RCRA hazardous waste and, therefore,
disposal in a Subtitle D facility would
be permissible.
• The LDRs are not in effect for a waste
containing benzene (D018) at 6.0 mg/1
(using a TCLP analysis) that will be
land disposed because D018 is a newly
identified waste for which no LDR
standards exist. The waste must be
disposed of as a Subtitle C RCRA
hazardous waste (unless the waste is
treated to below the TC level for
benzene of 0.5 mg/I).
• Wastes containing a mixture of lead
and benzene at concentrations above
the TC levels must be treated to meet
the LDR treatment standard for lead
before disposal. If, after treatment, the
waste still exhibits the characteristic for
benzene, it must be managed as a
RCRA hazardous waste. If treatment
removes the characteristic for benzene,
through immobilization or other
treatment methods, the treated waste
may be disposed of in a Subtitle D
landfill.
NOTE: If any of the 14 original EP constituents
for which standards are in effect are
contained in soil and debris, site
managers may want to obtain a
Treatability Variance to comply with
the LDRs. However, depending on the
waste's original (or threshold)
concentration, attaining the
characteristic level may be a less
stringent requirement than obtaining
the alternate treatability variance level
established in Superfund LDR Guides
#6A and #6B.
* TC effective date is September 25, 1990.
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