&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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