United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
Publication 9380.3-09FS
July 1992
CONDUCTING TREATABILITY STUDIES
UNDER RCRA
OEPA
Technology Innovation Office
Qukk Reference Fact Sheet
Introduction
EPA's RCRA program provides different opportunities
to do treatability studies pertaining to treatment
technologies. The regulated activities range from bench
scale studies to pilot scale treatability demonstrations.
Treatability Studies Exemption Rule
The Treatability Studies Exemption Rule (40 CFR
261.4 (e>(f)) was promulgated on July 19,1988, as a
RCRA exemption for small scale studies (S3 FR
27290). The exemption applies to the generation or
collection of samples and standards for treatability
studies (as defined at 40 CFR 261.10) for no more than
1 kg of acute hazardous waste, 250 kg of soils, water or
debris contaminated with acute hazardous waste, and
1000 kg of non-acute hazardous waste. A request for
an additional 500 kg of non-acute hazardous waste and
250 kg of soils, water or debris contaminated with acute
hazardous waste and 1 kg of acute hazardous waste
may be granted by the Regional Administrator or State
Director (in an authorized state). For the purpose of
treatability studies, compliance with the RCRA regula-
tory requirements pertaining to identification and
listing, generating and transporting hazardous waste
(40 CFR 261 - 263), and the notification requirements
of Section 3010 is not required. In addition, wastes
subject to the exemption are not considered in deter-
mining a generator's total volume of hazardous waste
generated. However, the transportation of each sample
shipment must comply with U.S. Department of
Transportation, U.S. Postal Service, or any other
.applicable shipping requirements. Facilities must
comply with certain recordkeeping requirements and
the Agency or state may conduct inspections. The
laboratory or testing facility conducting the treatability
study must have an EPA ID number. No more than 250
kg of an "as received" hazardous waste can be subjected
to initiation of treatment in a single day. If determined
a hazardous waste, unused samples and residues from a
treatability study must still be managed as a hazardous
waste.
The Treatability Studies Sample Exemption can be
implemented by the regions in those states that do not
have final RCRA authorization. Since this regulation
reduced the scope of the Federal regulations, autho-
rized states are not required to adopt it.
Research Development and Demonstra-
tion Permits
RCRA Research Development and Demonstration
(RD & D) Permits (40 CFR 270.65) can apply to a
pilot scale study. RD & D permits were created to
facilitate the development and demonstration of
treatment technologies. RD & D permits may be
issued by the Regional Administrator or State Director
(in an authorized state whose program contains an RD
& D provision). In addition, the Regional Administra-
tor may issue all or part of an RD & D permit in an
authorized state to the extent the permit regulates
activities governed by the Hazardous and Solid Waste
Amendments of 1984 for which the state has not yet
become authorized (e.g., management of TC waste).
For the purpose of expediting review and issuance of
RD & D permits, the Regional Administrator may
modify or waive permit applications and permits
issuance requirements; however, statutory require-
ments and regulations pertaining to procedures
regarding public participation and financial responsi-
bility (including insurance) may not be waived or
modified, and may be costly and time consuming to
implement. ,
The RD & D permit provides for the construction of
the facility and its operation for no longer than one
year unless the permit is renewed. A permit may not
be renewed more than three times. The one year
timeframe pertains to days of operation.
Subpart X Permits
Subpart X ("Miscellaneous Units" 40 CFR 264.600)
provides another avenue for issuing RCRA permits to
the diverse universe of innovative technologies. The
preamble to the Subpart X regulations (52 FR 46961)
describes this policy and discusses acceptable Subpart
X permitting options for a multi-stage demonstration
project, where the outcome of one stage may radically
change the subsequent stage, as is common in testing
an innovative technology. Subpart X, therefore, can
be used as a complement to the RD & D permit
program.
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MH Stadies Uimder RCRA
Corrective Actiom
In the Corrective Action Program, the facility and
EPA, in collaboration with the State, can use a
treatability variance for on-site demonstrations
through such mechanisms as permit modifications at
permitted facilities or enforcement orders (3008(h)
orders for interim status facilities). Treatability
variances may be granted to a facility for which the
Land Disposal Restrictions' Best Demonstration
Available Technologies standards (BOAT standards
are based on data from the treatment of industrial
process wastes) for that wastes can not be achieved.
Regions have the authority to grant a site specific
treatability variance for contaminated soils and debris.
These variances may prove to be extremely useful in
implementing alternative treatment technologies in the
RCRA Corrective Action Program. The table listed
below depicts those states (and Federal citations)
authorized for the Treatability Studies Exemption Rule,
RD &D, Subpart X and the Permit Modification Rule
as of July 15.1992.
Stotes
Alabama
Arkansas
Colorado
Commectnciuit
Georgia
Idaho
Illinois
Michigan)
Mimnmesota
Mississippi
Nebraska
Nevada
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
South Dakota
Texas
Utah
Wiscomsiini
TreatabMnty
Standees
ExemrotJoini Role
Not Authorized
Not Authorized
Not Authorized
55 FR 5 1707
56 FR 5656
Not Authorized
Not Authorized
Not Authorized
56 FR 9880
56 FR 13079
Not Authorized
Not Authorized
Not Authorized
57 FR 9978
56 FR 33206
Not Authorized
56 FR 14203
56 FR 47676
Not Authorized
Not Authorized
Not Authorized
57 FR 15029
ED&D
Not Authorized
56 FR 47153
50 FR 20847
55 FR 51707
51 FR 31618
55 FR 50327
55 FR 7320
56 FR 18517
55 FR 9880
Not Authorized
53 FR 38950
57 FR 18084
55 FR 28397
56 FR 42944
Not Authorized
55 FR 25836
Not Authorized
56 FR 47676
56 FR 15503
55 FR 21383
54 FR 7417
57 FR 15029
Sintopart X
57 FR 20322
56 FR 47153
56 FR 21601
55 FR 51707
55 FR 3000
Not Authorized
Not Authorized
Not Authorized
55 FR 24233
55 FR 32624
Not Authorized
57 FR 18084
55 FR 28397
57 FR 9978
56 FR 14475
Not Authorized
56 FR 14203
56 FR 13411
Not Authorized
Not Authorized
57 FR 20770
57 FR 15029
Permit
ModnliicattJoe
Rank
Not Authorized
Not Authorized
Not Authorized
55 FR 51707
56 FR 5656
Not Authorized
Not Authorized
Not Authorized
Not Authorized
56 FR 32328
revoked
Not Authorized
57 FR 18084
Not Authorized
57 FR 9978
56 FR 33206
Not Authorized
Not Authorized
56 FR 47675
Not Authorized
Not Authorized
Not Authorized
Not Authorized
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