vyEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9330.1-2
TITLE: Evaluation of Program and Enforcement-lead
RODs for Consistency with RCRA Land
Disposal Restrictions
APPROVAL DATE: November 26, 1986
EFFECTIVE DATE: November 26, 1986
ORIGINATING OFFICE: OERR,
m FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
OS WER OS WER OS WER
E DIRECTIVE DIRECTIVE D
-------
^
OEPA
United States Environmental Protection Agency
Washington. DC 20460
OSWER Directive Initiation Reauest
1. Directive Number
9330.1-2
2. Originator Information
Name of Contact Person
Ed Earth
Mail Code
WH-548E
Office
OERR, HSCD
Telephone Number
(202) 382-7998
3. Title
Evaluation of program and enfoorcement-lead RODs for consistency
with RCRA land disposal restrictions.
4. Summary of Directive (Include brief statement of purpose)
Regional survey to determine impact of RCRA. land disposal
restrictions on RODs.
evwo"§uperfund, CERCLA, RCRA, Land Disposal^Treatment
a Does this Directive Supersede Previous Directive(s)? | _ | Yes [_ No What directive (number, title)
. Does It Supplement Previous Directives)? Q Yes Q No What Directive (number, title)
. Draft Level
LJ A Signed by AA/DAA 1 1 8 Signed by Office Director LJ C
For Review & Comment
LJ In
Development '
This Request Meets OSWER Directives System Format
Signature ofLeajJ.Qflice Directives Coordinato
ofLeajJ.Qfli
Name and Title of Approving Official f
Henry L. Longest II, Director
Date
Date
enry . onges , irecor
Office of Emergency and Remedial Response
DEC 3 1986
OSWER OSWER OSWER
DIRECTIVE DIRECTIVE >
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
D6C 31986
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
OSWER Directive - 9330.1-2
MEMORANDUM
SUBJECT:
FROM:
TO:
Evaluation of Program and Enforcement-jLead RODs tor
Consistency with RCRA Land Disposal Restrictions
Henry L. Longest II, Director
Office of Emergency and.Remedia]
Gene Lucero, Director {^^JL _
Office of Waste Programs Enforcement
nse
t
Director, Waste Management Division, Regions I and V
Director, Office of Emergency and Remedial Response,
Region II
Director, Hazardous Waste Management Division, Region III
Director, Air and Hazardous Waste Management Division,
Regions IV, VI, VII, VIII
Director, Toxics and Waste Management Division, Region IX
Director, Air and Waste Division, Region X
The first RCRA land disposal restrictions (land ban) promulgated
in November limits the continued land disposal of spent solvent
wastes and dioxin wastes listed as hazardous waste under 40 CFR
Part 261. Certain classifications of wastes (e.g., soils/debris)
have been granted an exemption by statute until November 1988 and
all CERCLA and RCRA corrective actions have been granted a two-year
capacity variance. A chart summarizing the applicability of the
land ban to cleanup actions and discussion points concerning the
"placement" of, wastes that may trigger applicability are provided
in Attachments 1 and 2 respectively. The remaining regulations for
other waste types will be promulgated over the next few years with
restrictions becoming effective based upon an established time table.
We are developing interim implementation guidance and addressing
land ban implementation in the NCP. A RCRA regulation addressing
banned soils and debris waste is being developed but will not be
promulgated until 1988.
The purpose of this memo is to initiate an assessment of the
potential impacts of the land ban on previously signed enforcement
and program RODs, and to provide initial guidance until a more
formalized approach is developed. Specifically, we are 1) initiating
a survey of signed RODs to assist Regions in determining whether
previously selected remedies may incur difficulties under the new
-------
9330.1-2
-2-
restrictions and 2) providing an initial set of requirements/factors
that Regions will need to consider when preparing future RODs.
Previously Signed RODs
Because previously signed RODs in which construction is not
yet completed by November 8, 1988, will also need to meet applicable
or relevant and appropriate land ban requirements as they are
promulgated, we are conducting a survey to evaluate whether those
remedies will be affected by the land ban restrictions. As part
of this evaluation we are requesting that each Region complete a
survey form (Attachment 3) for each ROD listed in Attachment 4.
The survey has been designed to ascertain whether applicable or
relevant and appropriate land ban restrictions will be met and to
help Regions identify those remedies that may require modification
in order to comply with the disposal restrictions. A separate
form should be completed for each portion of a site which is to be
managed differently. Please return completed forms to Headquarters
by December 19, 1986.
Future RODs
Because all future RODs will potentially be affected by the'
land ban requirements, we have prepared a list (Attachment 5) of
those requirements/factors that need to be considered in the
remedy selection process. RODs will need to discuss (preferably
in the "consistency with other environmental statutes" section)
how the selected remedy is consistent with applicable or relevant
and appropriate land ban restrictions.
Should you have any questions regarding the survey or
general questions concerning the land ban, please contact Ed Barth
(FTS 382-2339) or Steve Golian (FTS 475-6703) in the Hazardous
Site Control Division, or Howard Beard (FTS 382-2105) in the
CERCLA Enforcement Division.
Attachments
-------
9330.1-2
Attachment 1
APPLICABILITY IMPACT OF
LAND BAN RESTRICTIONS
Wastes covered by
RCRA Regulation
as of Nov. 86
Soil/Debris
CERCLA
104/106
Actions
RCRA
Corrective
.Actions
Non-CERCLA and
Non-corrective
action.
(e.g., clean
closure)
*Applicable.
**Meet regulation
capacity variance,
**Meet regulation.
Capacity variance
Meet regulation.
Capacity variance
for certain types
of wastes.
Exemption until
November 1988. Rule
not applicable,
relevant or
appropriate.
Exemption until
November 1988.
Meet regulation.
Capacity variance
for certain types
of wastes.
* Requirements are applicable only if wastes are identified
as RCRA wastes banned by the regulation. The ban, however,
may be considered relevent and appropriate.
** All CERCLA and RCRA corrective actions that are covered by
the regulation have been granted a two year capacity variance
until November 1988. Disposal must take place at facilities
in compliance with the requirements of Section 3004(o) of
RCRA (minimum technology requirements for new, expanding and
replacement units) when capacity variance is in effect.
-------
9330.1-2
Attachment 2
APPLICABILITY OF LAND BAN TO
PLACEMENT/DISPOSAL ACTIONS
Background
0 The specific regulations developed under the land ban
requirements are applicable when:
Waste is disposed of or "placed" on the land.
Construction of the remedy involving placement
will not be completed before the ban goes into
effect.
The regulation addresses the kind of waste
found at the CERCLA site.
Placement/Disposalt
0 A variety of circumstances have been identified that
may trigger the land ban as applicable. These include: -
-- Consolidation of waste from different areas of
contamination* into one area of contamination.
Pickup of waste in an area of contamination, treat
and replace back inside the same area.
Cleanup of ,spills; disposal into an area of
contamination outside of the spill area.
Consolidate spilled material from outside an area
of contamination back into that area of contamination
or unit.
0 Placement does not occur, and the land ban is not an
applicable requirement, when:
Waste is consolidated within an area of contamination.
Waste is capped in place, including grading prior
to capping.
Waste is treated in situ.
t "Placement" has not been formally defined and present inter-
pretations are tentative.
* In many cases there are no defined "units" at CERCLA sites.
There are instead areas of contamination with differing
levels of concentration.
-------
9330.1-2
ROD EVALUATION
Attachment 3
(Soils/Debris)
Type of Waste
Could RA activities go
beyond November 1988?
No
Do not
fill out
any form
Yes
v
Fill out
Form A
(Other)
\
(Waste, j
waste wat
r
Fill out
Form B
;ludge,
:er)
\
(Ground water)
7
Fill out FORM C
-------
9330.1-2
Attachment 3
-2-
FORM A (SOILS/DEBRIS)t
Site Name .
1) What are the major constituents of the waste?
2) Have distinct and different areas of contamination
been identified (Explain)?
3) Are wastes to be treated?
What is technology/method to be utilized?
Is a treatment or operating level specified?
4) How will treatment residuals (or untreated wastes) be
managed?
*5) Does the remedy involve placement (explain)?_
t "Soil and debris" include but is not limited to soils, dirt
and rock as well as natural and non-natural materials such
as contaminated wood, stumps, clothing, equipment, building
materials, storage containers, and liners.
* see Attachment 2 for help in definition of placement. A final
definition of placement has not been resolved.
-------
9330.1-2
Attachment 3
-3-
FORM B (LIQUIDS AND OTHER WASTES)
1) What are the major constituents of the waste?
2) Are wastes to be treated?
What is technology/method to be utilized?
Is a treatment or operating level specified?
3) How will treatment residuals (or untreated wastes) be
managed?
*4) Does the remedy involve placement (explain)?
5) Will disposal occur in a unit meeting all D & 0
requirements (e.g., double liners)?
* See Attachment 2
-------
9330.1-2
Attachment 3
-4-
FORM C GROUND WATER ACTIVITIES
1) Describe remedial action selected for ground water?
2) How is ground water to be disposed or discharged?
surface water
land application
POTW
Re-injection (for disposal)
Re-injection (in situ treatment)
Water supply
other
*Do these activities involve placement?
3) Are treatment levels specified for ground water treatment
process?
if so, how were these targets levels determined
(information sources)?
4) Will treatment residuals be produced?
identify residuals: activated carbon
sludge
other
5) How are treatment residuals to be managed?
*Does the management of residuals involve placement
(Explain)?
* See Attachment 2
-------
9330.1-2
Attact
Page NO.
10/10/66
RECORDS 0~ DECISION
DfAfr
DECISION
(excludes ROD' s or £DJ' s if construct ion is conialetec /
Site Name, Stare
** REG I UN 1
xiintnroa, lift . EDD
ft'.inurn, NH ' EDD
I nc u 5 1 r i 3 .1 e x , MA ' r EDD
Re-boive, lr ft ' RQD
Nasnua, NH (GROUND UIH'.:ER T^Efi"."M£;v " > ROD
Keefe. NH RuD
wasT;ern Sana A G
Cnaries Geor-ce.
N-yanra Chemical. f* .- " RQD
Baacoi'i neirrits, CT ,.- RQD
Canfion Encr . /Piyrnout h, ^ft " ROD
Ho corn on co Pona, iv!M ' RQL-
Piciiio Farn-, RI . RGD
Kel lo:.:-Deer ing, CT R^D
Baird & ft c '5 u ire, irft F^OD
T ink- am, 'X - .K.^J
** REGION i
HooK.er, IVY ZDD
Cnernical Control, Nj ~''. -
Price Lanofili. ;K F. .. .
B'.'.rnt Fly BC-L , f'- . ' SI. -^
PflS/Oswsr;o, IVY ROD
H ij c '=:. n River PCS, ^ RJE.'
L.one Pine Lancfiii, NJ ROD
Ericgeport Rental.,.: ' NJ ROD
D' Iniperio Prooerty, NJ ROD
Love Cana^, NY ROD
Clean Weil field, NY' ROD
GEMS Landfill,' NJ ROD
Goose Farm, iv..' RCL1
Helen Kramer, NJ f".'.r-
Swooe Oil, ' . R '
.Bon Creek Farm, N ."'<_
Lisari Lancfii., M_- RL1.'.
Sinclair F
-------
9330.1-2
Attachment A
2 ace No. £
10/10/66
RECORDS OF DECISION
nND
EMFORCEftN'T DECISION DOD.>HlN"ri"i
(exciuaes POD' s or £DD' s if construct i or, is ronoie-c
Site .\arne, brace
Brewster Well field, NY ^Q;J
Caicwell Trucking;-, NJ ROD
Conine Lanafiii jMortn, NJ \ PQQ
Corpse Lancfill Soutn. NJ ROD
.-<,erit ijcxy fiverv.ie. NY '. ROD
l*aratncn Battev-y, NY RCD
Snai-'Key Lanafiii, ivJ ^QD
Syncon Resins, NJ ROD
Lang Pi-coerty, ivj -' RC:
RocKaway Borough, NJ' t RCL'
** REGION 3
N! i t ro Durno, UJV '_' EDD
Fort P.P. hi 11, VH . EDD
Monsanto Plant, wV EDD
nrrny CreeK, Dr. . EDD
Delaware PVC, DE EDD
inousrrial Lane. Pfi EDD
BloserrSKi LF, PH EDD
Bruin Lacoon, PH ROD
Mattnews Eiectropiating, VK Rjf
Drake Cnernicai, PH (PHnSE I > '"'I'.1""1
Tyson's Disoosal, Pr- '.."
He leva uanafil!.. f;'r: r\.I.;
LacH.s.iAianna Refuse, PA ROD
Mcftcoo Associates, Prt RCj^
Taylor Borouni, Pfl POD
Lanscowi'ie Raciation, PPi ROD
Douolassviile, PP ROD
Harvey-Knott, DE ROD
ttoyer Landfill, ofi .^OD
Sand, Gravel & Stone, I*D ROD
Taylor Borouan, PH ROD
Tyoouts Corner. Dt ROO
Leetown Pesticiae. wV R"-:"
Mill Creek Dun--,, P^ HI'"
west line Site. :--- R-.-
Chisrr.an Creen, VH R-D
Limestone Roac, "-"D ROD
inciv.Etr lai Lane, P^ ROD
-------
9330.1-2
Attachment 4
Page No. 5
10/10/06
RECC'xD'5 G:~ DECISION
ft.-'D
ENFORCEMENT .DECISION DOCUMENTS
(excludes ROD's or EDQ's if construct ion is comoi ei ec,
Site Name. State;
** REGION 4
Peoper Steel (£";.-), FL £'DD
Lee's Lane (ENF), KY EL'D
Miami Drum Services, FL. .-. ROD
Wn i tenouse Waste Oil, FL '' ROD
Biscayne Hauifer, ^L PjC
finierican Creosote works, FL ' ROD
Davie '-ancfill, FL ,' ,^Qn
hoi i iricswortri So icier less, F"L ' ROD
ft . i_ . Tay i or S 1 1 <= . -'-. r I c/._ ;
Distier Brickyarc. K'v . " RCD
Distier Farro Sits, KY . ROD
1-1 1 ops Koaa Landfill, FL - ROD
Coleroan-Evans, FL SCJD
Gail away Pits, TN RCjD
Pioi'iser Sano, .-i_ ROD
Sap 3 Battery, "L. ROD
SCRDI Dixiaria. SC POD
y, Hl_ RCD
** REGION 5
fi&c' Materials . Rl_
Cemetery Durns. I* I *.i ;~
Nor't ~ernaire. ;. ." :-":0..
Acrr.e Solvent, IL ROD
Le.-i i 1 1 i er , MN ROD
-------
9330.1-2
Attachment 4
Page No. ^
10/ 10/SS
RECORDS OF DECISION
CEMENT DECISION DOCU"VE.N~
(excluces :RCD' s or tDD' s if construction is
bite Name, bt-a^e £<; a"
New Lyrne Landfill, OH - ROD
Charievoix, m RQQ
Wauconda Sano, li_ SOD
Novaco, MI ROD
New Brinnton. NN :" &QD
LaSaLie Electric, A L. ROD
fivcarium Iron, f.j-j ROD
Arrowhead Refinery. ' ": RLID
Furrows Sanitation. I1 . . -' '*"-
Fie:cs Broo;<- u [ R:..t
ua-.e Sancy Jo, I - (yOD
>";etarnora Lancfiii, M ROD
Spiecelburn Lancfiii, rl ' '.'' ,^GD
** REGION; 6
Harris-Farley Street, TX EDE1
Vertac, PR EDO
Frit Industries, P° £C.C
Bio-Ecology, TX RCD
Hignlancs ftcic Pits, TX ;~.^D
Old Anger, Lft RC-'D
iXQTCO. TX vjr-
Bayou Bonfouca, wA ^ -
Cffcil L-jricsey, H . r(Z^
Odessa Cnrorniurn I, TX R-jD
Odessa Cnrorniuni II, TX R'"IL'
Geneva Incustries, TX ROD
Sikes Disposal Pit, TX SOD
United Creosoting, TX RCD
** REGION* 7
Shenancoah Staoies, NO EDD
Des Koines TCE (Er\F), IP, . EDD
Eliisvilie, T: ;-<:-~
** REG I Dr.
Sriiijagier (PR-;, C._.- ".~'i--
marsnal 1, CO E--0
Libby (t,\F), m':' CiDD
Union Pacific (PR.-1;, EDE-
Uloodsury Cnernicai, CO ' RJD
militown Reservoir, ITT (SUPPLEXENTflL) R--D
-------
9330.1-2
Attachment 4
Pace No. z
I1.')/ 10/86
RECORDS C.- DECISION
[_V- '
EN-QRCE.^iiNT DiCISiCN DCCd^E-"-- :
(e.-.ci'.'.OFS RGu's or EDO's if construct i or* is
Sive
Denver Rao i urn, CO
fir sen ic Tri oxide, ND ROD
** REGION 9
B'-rinrif el low Held Pits, Cft :.
Lei tor Chern;cr»i ^orn.?:, QR
v-:::Coi .;. , CH .
. Str j. nrf e i low Pcic! 2 :*;, C^ .
Iron fountain ^ir.e. '- [ K..
** R£'3iO\ I'-1
C'.v.een City Farms ^PxP;, WM '. ' '"E'D
Cor.irr Bay/5. Tscorr-a Channel, UP (WELL i£-P; . RCD
rt e = v e r n P r o c e s s i n n , w A S -I' D
Poncers Conner, UiH RCD
United Cirone. OR R-jD
~:"C'ir'r c =!".. 1 DrufiTs. PR RCD
-------
9330.1-2
Attachment 5
CONSIDERATION OF BOAT REQUIREMENTS FOR
MAKING SITE-SPECIFIC REMEDY SELECTION
BOAT Factors
0 Is technology demonstrated?
Has full scale system been operated?
Does Best Engineering Judgment
determine that technology could be
used?
0 Is technology available?
Assess total risk and compare to
land disposal.
Is technology proprietary?
Are emissions controlled?
0 Is waste substantially treated?
0 Does treatment rely on dilution?
0 Is capacity available to treat waste?
0 Is waste a complex matrix?
0 Does waste have very high concentration
that may result in higher performance
levels?
0 Comparison of extraction data for
reduction of mobility and toxicity?
Several Additional Considerations
Will treatment reliably meet performance
levels?
Is treatment feasible to implement at
the site?
Separately assess short-term operational
risks to workers, community and
environment as well as long-term risk
related to residual management.
Time required for implementation.
Community concerns.
Optimization of treatment trains.
Determination of cleanup levels within
risk range.
------- |