PA
United States
Environmental Protection
Agency
OH.ce of
Solid Waste ana
Emergency Response
DIRECTIVE NUMBER: 9443.01(85)
TITLE: Management of Excavated Construction Soil Con-
taining Quantities of Volatile Organic Compounds
APPROVAL DATE: 2-21-85
EFFECTIVE DATE: 2-21-85
ORIGINATING OFFICE: office of solid waste
C FINAL
D DRAFT
LEVEL OF DRAFT
DA — Signed by AA or DAA
D B — Signed by Office Director
D C — Review & Comment
REFERENCE (other documents):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Di
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PART 261 SUBPART C - CHARACTERISTICS
DOC: 9443.01(85)
Key Words: Contaminated Soil, Characteristics of Hazardous Wastes, Superfund
Regulations: 40 CFR Subparts C and D, 261,21(a)(2), 261.22, 261.23, 261.24,
261.33(e) or (f), 261.31, 261.32
Subject: Management of Excavated Construction Soil Containing Quantities
of Volatile Organic Compounds
Addressee: R.B. Morris, Jr., IBM, 44 South Broadway, White Plains, NY
10601-4495
Originator:
Source Doc:
Date:
Summary:
Eileen B. Claussen, Division Director, Characterization and
Assessment Division
#9443.01(85)
2-21-85
Soil containing volatile organic compounds would be regulated under RCRA
if it exhibited any of the hazardous waste characteristics described in 40 CFR
Subpart C, or if it contained a listed waste designated in 40 CFR Subpart D.
Under CERCLA, hazardous substances are those specified under the Clean
Water Act, the Clean Air Act, the Toxic Substances Control Act, and RCRA-listed
and characteristics wastes. Disposal of soil contaminated with hazardous sub-
stances must also follow CERCLA guidance.
States may regulate soils that contain volatile organic compounds in a
different manner.
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9443.01 (85)
FEB 2 M985
Mr. R. B. Morris, Jr.
IBM x
44 South Broadway^
White Plains, NY 10*01-4495
Dear Mr. Morris t
This is in response to your letter of January 7, 1985,
which questions the proper management of excavated construction
•oil that contains detectable quantities of volatile orqanic
compounds. RCRA requlates the characteristic wastes discussed
in 40 CPR Subpart C and listed wastes desiqnated in 40 CPR
iSubpart D.
To qualify as a characteristic waste, the soil would have
to be iqnitable ($261.21 ( a) ( 2) ), or contain a liauid phase
that is corrosive (§261.22), or exhibit any of the reactivity
criteria ($261.23), or be above the EP toxic levels ($261.24).
In order to be a listed waste, the soil would have to
contain known listed waste that aret
1) commercially unused S261.33(e) or (f) chemicals or
off-specification species, formulations containinq
them as sole active inciredients, and container
residues or spilled material of the above;
2) specific industrial waste streams specified in
$261.32; or
3) non-specific waste streams listed in §261.31.
As you stated, in nany cases, the exact source of tho volatile
orqanics cannot be determ ined .
Under the Comprehensive Environmental Resnonse, ronrysnsa t-. Ion
and Liability Act, hazardous substances are currently only
those specified under th^ Clean V'ater Act, the Clean Air Act,
the Toxic Substances Control Act, and RCRA listed and character-
istic -waste. Therefore, disnosal of soil contaminated with
hazardous substances must follow CfPCLA quidance also.
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You should be in touch with the States because they nay
regulate soils that contain volatile organic compounds in a
different manner. Please feel free to contact me or Alan Corson
of my staff again if you have any other questions*
Cordially yours,
Eileen B. Claussen
Division Director
Characterization and Assessment Division
cc Patrick Aurrichio
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