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. ------- 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 ------- |