3EPA
DIRECTIVE NUMBER. 9347.2-01
TITLE:
land Disposal Restrictions as Relevant and
Appropriate*Requirements for CERCLA
Contaminated Soil & Debris
APPROVAL DATE:
EFFECTIVE DATE:
ORIGINATING OFFICE:
B FINAL
D DRAFT
STATUS:
6/5/89
6/5/89
OERR/HSCD
I
1
A- Pending OMB approval
Pending AA-OSWER approval
For review &/or comment
r i f. *-*"uiuidj ^
In development or circulating
REFERENCE (Other document*): headquarters
O.c WPP n c WPB n c i/i/r D
E DIRECTIVE DIRECTIVE D
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united States rorirlerital Protec:,oi, Agenc 1 •
‘ DA Washington DC 20450 ec.iie i .rrcef
“ OSWER Directive Initiation Request 9347.2-01
2 Orf ln ato, Information
Name of Contact Person 4 Mail Code Office Telephone Code
Steve Golian OS-220 HSCD
Land Disposal Restrictions as Relevant and Appropriate Requirements for CERCLA
Contaminated Soil & Debris
. S. .”—a— rec. .e r’ci..ce oref statement at .r osei
Transmits 0S ER policy on relevance and appropriateness of the LandDisposal
REstrictions (LDRs) toCERCLA Responses involving contaminated soil & Debris.
a es rec:i e Su ersece eviaus
x No I Yes What directive friumoer title)
es i Suaoer-ient evious Directivetsi’
No Yes What directr.e (number tile)
?3sI7 ./-t 7_ IQck d
7 Level
A - Sg ed by A.AIDA.A L_J B Signed by Office Director C For Review & Comment D - in Development
8. Document to be distributed to States by Headquarters? ‘es No ]
This Request Meets OSWER Directives System Format Standards
3 Sgra’ure f Leac Office Directives CoorOinator Date
Betti C.VanEpps, OERR Documents Coordinator 6/5/89
‘0 ame aria Tale of Approving Official Date
Henry L.Lon est II. Director OERR I 6/5/89
EPA Form 131 5-17 (Rev S-17) Previous ecijions are oosoiete
OSWER
OSWER
OSWER
0
VE DIRECTIVE DIRECTIVE DIRECTIVE
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6-5-..
i
3
*
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D C 20460
OSWER Directive No. 9347.2-31
MEMORANDUM
SUBJECT: Land Disposal Restrictions as Relevant and Appropriate
Requirements for CERCLA contaminated Soil and Debrs
FROM:
TO:
Henry L. Longest II, Director i- —- ,
Office of Emergency and Remedial Response
Bruce M. Diamond, Director
Office of Waste Programs Enforcement
Directors, Waste Management Division
Regions I, iv, V, VII, VIII
Director, Emergency and Remedial Response Division
Region II
Directors, Hazardous Waste Management Division
Regions III, vi
Director, TOXIC and Waste Management Division
Region IX
Director, Hazardous Waste Division
Region X
PURPOSE
«F ^r °SWER P°licy on the relevance and appropriateness
of the Land Disposal Restrictions (LDRs) to CERCLA responses
involving contaminated soil and debris. . sponses
BACKGROUi
^^^^^^^^^^^•^^^^•^
*ho rio clarifief.in OSWER Directive 9347.1-02 (see attachment),
™t ?S/reiaPP 1Cable t0 CERCLA responses only when such actions
constitute placement of a restricted RCRA waste. Therefore, if no
befna'nflnoH^H^fn!3 are, ide" ti f ied in a Superfund waste that is
being placed, the LDRs would not be applicable. Site-specific
questions have arisen, however, as to the relevance and
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—2—
appropriateness of the LDRs to soil. r d debris that do not contain
RCRA restricted wastes. In particular, Region II (having
determined that the contaminated soil and debris to be treated and
“placed” at the 93rd Street site did not contain RCRA hazardous
wastes) sought consultation with Headquarters on whether LDRS
should be considered relevant and appropriate given that the
Agency is in the process of developing treatment standards for soil.
and debris wastes separate from the treatment standards developed
for industrial process wastes.
OSWER POLICY
OSWER has concl :ded that until a rulemaking is completed that
establishes treatmeri... standards for soil and debris, the LDRs
generally should not be considered as relevant and appropriate for
soil or debris that does not contain restricted RCRA wastes. The
following language should be incorporated into feasibility study
ARAR discussions, proposed plans, and the “Compliance with ARARS”
section of future RODS for situations similar to the above example:
The Agency is undertaking a rulemaking that will
specifically apply to soil and debris. Since that
rulemaking is not yet complete, EPA does not consider E 1 DR
to be relevant and appropriate at this site to soil and
debris that does not contain RCRA restricted wastes.
Should you have any questions regarding this policy, please
contact your Regional Coordinators in the Hazardous Site Control
Divisiofl, the CERCLA Enforcement Division, or Steve Golian (ETS
475-9750) in the Site Policy and Guidance Branch.
Attachment
cc: Sylvia Lowrance, OSW
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UNITED STA ES ENVIRONMENT . L PROTECTION AGENCY
1 WASHINGTON 0 C 20460
APR 1 7
SWER .rec .Ve 347..
ST T3JZCT: Policy for Superfund Compliance i: t the RCL’ 1 Lana DisposaL
Restric o
FROtI: Jona iiJ
Acting Assistant Administrator
I
Regional Administrators, Regions I—X
P uroose
ro transmit the Superfund policy for complying with the RCRA land
disposal restrictions (LDRs) at Superfund sites.
3ackzro md
C CLA sect on 121 (d) requires on—site•$u erfund remedial act ons :o
comply with Feceral, and more stringent State environmental :equireirents : at
are determined to be applicable or relevant .and appropriate requirements
‘A.R.ARs). Section 121 also identifies six A R waivers: 1) interin re eay;
greater r sx to nuxnan nealth and the environment; 3) tec ’ ucal
practicaoili:y; ) equ valenr. standard of performance; 5) inconsistent
appl cat ou of State scanoara; and 6) Fund—balancing.
ith regard to Superfund removal actions, the current NCP requires on—site
renoval acti.ons to comply with Federal ARARs to tne extent pract cable,
considering the exigencies of the situatton. The preamDle to the proposed CP
contains guidance on how to determine whetner compl ance is ‘pract caDle.’
On—site removal and remedial actions must comply with substantive aspec:s
of both applicable and relevant and appropriate requirements. Off—site re’roval
and remedial a tions must comply with both substantive and nistrati’/e
aspects of applicable requirements only.
The RCRA Land disposal restrictions are a potent al ARAR for Superfund
acttons. As you may know, OERR is developing a guidance document to assist the
Reg ons n complying with the L.DRs. Uthougn several issues must be resolved
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—2— 934 . .—02
before this guidance .s issuea, this rnemorancum will SWT zflari-e one of the a]or
issues that has been dec deø, flamely, how to cetermine nether the LDRs are
“applicable” to a Superfund reSponse acz on. This policy will be discussed
greater detail in the guidance document.
Objective
Irt order to assist Regional removal and remedial staff in making current
site decisions about the LDRs, this memorandum will explain: 1) how to
determine ..rten the LDRs are “applicable” to a Superfund removal or remedial
action, and 2) the Superfund approacn for complying with the LDRs when they are
determined to be applicable. (This memorandum does not address how to make
relevartt and appropriate” determinac ons.)
I lement ation
Section A below explains how site managers (OSCs, R2 1s) should determine
. , nether the L.DRs are “applicable” to a Superfund response action. Section R
explains how Superfund intends to comply with the LDP .s when they are
determined to be applicable.
A. Application at the LDRs to CLA response actions
o determine if the L Rs are applicable to a given response action at a
Superfund site, the site manager must answer three questions. The answer to
eacn question must be “yes” for the L DRs to be applicable.
1. Does the CZRC.A act:on constitute “ 1acement ”
The Rs are triggered as applicable requirements by “placement” of
res:r:cted RCRA hazardous wastes in land—based units. Placement occurs wrten
.Jaszes are land disposed (or placed) .n land—based RCRJ 1 units, such as
Landf lls, surface impoundments, waste piles, and land treatment facilities.
Placement does not occur if 4astes are moved wich n a unit or are left in place
(e.g , capping, in—situ treatment, consolidation within a unit). Placement
coes occur .. .hen wastes are moved from one unit and placed in another unit. For
example. f wastes from a C CLA site are disposed at an off—site landfill.
this action constitutes placement.
However, the concept of a RCRA unit may be less useful for uncontrolled
hazardous waste sites, which often nvoLve widespread and dispersed
contamination. Therefore, to assist in defining when placement occurs for on—
site disposal at Superfund sites, the Agency has developed the concept of an
Several L R requirements (the storage restr ct ons, diluc on pronibit o’ .
and off—site notification requirements, trt part cular) are triggered wnen
restrictec wastes are generated, or pick ’i up, rather tnan . nen the wastes
are “placed.” However, trte major LDR restr c:ions discussed i tt the
remair.der of th s emorandwit are ::iggerec only :f —astes are “placed.”
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—3— a34; . :—02
‘area of contamination” (AOC). An AOC is ael eateo y : e extent of
continuous contamination, although one AOC may contain varying types and
concentrations of contamination. For exazrple. a asce pit itn the surundi g
contaminated soil is one AOC ana nay be viewec as a single “jr. .t.” e.g.. a
single landfill. For the purposes of the Rs. : erefore. AOCs are equivalent
to CP units.
iovement of waste within the AOC does not constitute placement 1 but
movement of aste out of the AOC into another unit dill crtgger placement.
?lacement would occur if wastes from different .%OCs are consolidated into one
AUC or if wastes are removed and treated outside tne AOC and returned to the
same or a different AOC. Placement would also occur .f -asces are excavated
from the AOC, placed in an incinerator or tank locatec witnin tne AOC. and then
redeposited into the AX, because the incinerator ana can. are considered
separate units from the AOC.
2. s the C CL waste also a CRA hazardous waste 7
The L Rs are applicable only to RCRA hazardous wastes (i.e.. listed and
characteristic wastes identified under §261). However, not aU. wastes at
Superfund sites are CRA hazarcous wastes. Tharefore, the s ce “tanager must
decide if it i.s reasonably ascertainable, within the scope of the Superfurtd
site nvestigation, that the C C waste is also a RCRA hazardous waste.
Reasortaole efforts must be used to collect the informat on needec to determine
if a waste is a RCR.A listed or character st c waste. (It is expected that
current data collect on efforts at Superfund sites should be sufficient for
this purpose.) The site manager should have affirnat ve evidence (e.g..
- ari Eescs, records, knowledge of process) to demonstrate that the Superfund
waste is a RCRA hazaraous waste for the LDRs to be potent aLly applicable.
To dete ne nether a CERCA waste is a ? CP cnarac:er st c waste, site
mar.agers may test the waste or use tneir knowledge of the ;ropert es of the
asze. To determine if a waste is a listed waste, sampling alone will not be
suff c ent. The RCB list ng descr ptions will generally require that tr e site
anager nave knowledge about the source of cne waste (for example. did the
sluoge on site result from a wastewater treatment operation’) or its pr or use
(e.g., was the waste unused when it was discarded’).
If the site nanager determines that the site waste :s a RCRA hatardous
. ,aste, he/she must also determine if that waste is a “California list” ..iaste.
The California list wastes are a dist nct category ‘of RCRA rtazardous iastes
regulated under the LDRs. The L R regulations descr be the Calafornia list
..asces and they will be discussed .n tne forthcoming guidance document.
3. ts the RCRA waste restr cted under the L Ra at :r.e :ine of olacement ’
The land disposal restr ccions are being phased in for the CB hazardous
asces over a per od of time. Attach.ment presents the LR statutory
deadlines estaolished by sec: on 3004 of the 956 RC a e dnencs. . RCR
aste becomes a restr cted waste uncer :ne L Rs on ::s s:a: tory oe cli e. or
earlier :f EPA cnooses to promulgate treac ent scancards for a waste pr:Or ’ to
th s deaoline. Note that after ay C? A a:artous wastes (that mere
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.is ed or characteristic a of the 1984 RCR.A a enc. encs) dill be resc:ic:ec
under the LDRs.
To determine if the LDRs are aoplicao.Le. site managers snould determine
:ne .SCRA waste will be restricted uncer the LDRs at the ::ne the waste s to be
placea.
To summari:e Section A, the L.DRs are applicable when three conditions are
et: ) tne C CLA action const tutes placement. 2) the C CLA waste is a RCRA
hazaroous waste, and 3) the RCR.A waste i.s restricted at the time of placement.
:.E :he e ccnd tions are met, the CERCLA action must comply with the LDRs,
un.Less an A.RAR waiver is granted (remedial act cns) or compliance with the Z . Rs
is oeceru.ned not to be “practicable” (removal actions).
B. Superfimd compliance with the LDR.s
Sec: .on 3 briefly describes the cifferent types of LDR requirements and
provides an overview of the Superfund approach for complying with these LDR
requirements wnen they are determined to be “applicaole.” Section B describes
only tne major LDR restrictions; the upcoming iidance document will give a
complete description of all LDR provisions.
1. Summary of the aior R recuiremer.ts
hen a waste becomes ‘restricted” on its statutory deadline (or possibly
earlier , one of four types of rescrtctions will taxe effect:
: eatmenc stajidard ( 268.4O— 3) — :he P.CR.A amendments direct :PA to
prorulgate treatment stancards for all RCBA hazaruous wastes by the
statutory deaclines. To date, most of the stanoards set by EPA are
concentration levels that rnust be achieved prior to land disposal. (The
regulations specify wnether a total waste analysis or zne Toxicity
Characcer st c Z.eachirtg Procedure (TCLP) ‘ usc be used to measure the
concencrac.on levels.) For concentration—based treatment standards, any
cecr .nology may be used to achieve cnese standards. However, in limited
cases. EPA has also promulgated a specific technology as a treatr ’en:
star.dard, or has established a “no land disposal” treatment standard nere
a aste was no longer generated, no longer being land disposed, or as
capable of being totally recycled.
Nati.on.al. eamacit.y extension ( 268.30—33 — ‘,.lten EPA sets a treatment
standard for a waste, it must also decer’ ine f there is suff:cienc
capacity available nat onwide to treat the waste to that standard. If
not, EPA may grant a nationw,de capacity extens on for the waste for up to
two years. During the extension, the waste does not have to meet the
treatment standard. However, if waste that does not meet the standaro .s
cis osed .n a landfill or surface impoundment, :ne rece v ng unit ust
neet the RC §3004(o) nimum tec no1o y recuirements (e.g., 1 uole
iner. leacnace collection system. ground iacer or. toring). ec uS2
tnese limi:at ons on disposal, wastes are st ll cons dered “re tricteo”
ur:ng nattonal c pac tv ex:ens ons.
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9367. .—O2
•Attacnment 2 highlights the iationaL capacity extensions tnac EPA has
granted to date for CEP C. .A soil ano deor:s wastes cnac are cortt.ami.nated
with RCRA restricted wastes.
Soft hammer ( 258.8 — if EPA fails to set a treatment standard for a
First or Second Thiro waste on tne statutory deadl ne, the soft hammer
goes into effect autom ti.caLly. The Soft hammer places two requirements
on :‘.e disposal of wastes in landf lls and surface impoundments: 1) the
rece.ving unit must meet the RCRA minimwa tecr ology requirements, and
2) tne generator must demonstrate and certify that he has investigated
treatment options for the waste, and, rtere treatment is prac: cally
available, that the waste has been created using tne best pract cally
ava .able treatment method. The soft haer remains in effect until. EPA
sets a treatment standard for the waste, or until the hard hammer falls in
1ay .990, wnichever comes first.
Hard hammer (RCPA 3O04(g)(6)(C)) — if EPA fails to set a treatment
standard for a solvent, dioxin, or California list waste by the statutory
deacl nes for these wastes, or for any “Third” waste by May 1990, the hard
hammer falls. The hard hammer proru.bits all land disposal of the affected
waste.
Compliance ith RC .A and the LDRs may also be obtained c ough several
opc ons other than meet .ng the restrict ons aoove. It is important to note
that these options constitute compliance with RCPA; they do not require an ARAB.
waiver under C CLA.
A : reatabilicv Variance ( 268.46) is available when a treatment standard
has een set for a 4asce. The var ance can be used where, because the
site anager’s waste s sign ficancly different from tne waste used by EPA
to set the treatment standard, the standard cannot be met or t e 3DAT
ceccnology is inappropr ate. The variance can be granted either
ad.mtrtistratively, for a part.cular waste at a particular site, or chrougn
a rule— ak r.g procedure, wnich establisn.es a new nat onwtde waste category
and assoctateo treatment standard.
An E uiva1ent Treatment Method Pet:tion U258. 6 2) can be used where a
:reac—ertt standard is a spectf .ec :ecnnology, but the s :e manager can
demonstrate that another technology can acnieve art equivalent measure of
per fo aance.
A No- izration Petition ( 268.6) can be used as an alcernattve to any of
the four restrictions above. The site manager must demonstrate that there
will be no migration of hazardous constituents above health—based levels
from the disposal unit or in ect on tone for as long as the waste remains
hazardous.
DeL st:nZ ( 26O.20 and §260.22) can be used as art alternac Ve to ar.V of
c e four restrtct ons aoove. nen the RCP azarcous waste s a 1. sted
waste. The site manager must demonstrate c at: 1) the waste does not —eec
any cf the crtter:a under the asce ..as ltsted, and ) ot er :aczcrs
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( rtc.uding additional constituents would r.ot cause the waste to oe
hazardous.
. Su erfund aooroac. for ccmtlyi.ng -ith t e : R ep:e’ ents
The present Superfund approacn for complying witn the LDRs wnert they are
app1 .caole requirements is illustrated below:
CASE A: C C..A Liquid or sludge wastes that are also P CRA rescr:cted
hazardous wastes
CERCLA li.quid + RCR.A restricted + Placement = L R is applicable. Must
or sludge hazardous waste comply (unless CERCLA
ARAB. waiver is granted).
t.f the Z..DR restriction is
a treatment standard,
evaluate whether it can
be met. tf not,
determine if a
Treatability Variance or
other RCR.A opc:on is
appropr ate.
CASE 3: CERCLA soil or debris wastes chat contain RCR.A restricted
hazardous asces
C CA soi.. + CRA restr.cted + Placement = R is applicable. Must
or deorts hazardous waste comply (unless CL CLA
ARAB. wai;er is granted).
If i. R restriction is a
treatment standard, dill
generally be approprtace
to see a Treatability
Variance. Other RCRA
options may also be
approprtate.
C CLA response actions often address haste ‘tacrices, such as cont r.tnated
soil and debris, that are different from the RCRA industrtal wastes used to set
the LDR treatment standards. Therefore, the Agency is undertaking a rulemaking
that ill set LDRtreatmenc standards spec:fically for contaminated soil ann
debr s. Jntil that rulemaking is completed, site managers should use the d3ca
collected durtr g the rernoval and re’ edial site investigat:ons to support a
Treatao iLicv Variance for soil and debris where flecessary. As part of :nis
:nter:n a proach, the Agency :s developing spec f:c gu:d3r.ce for ontaining a
Treacaoil:cy Variance for soil and ‘lebris, wnicn establ snes alternate
:reat er.: Levels or ethods for soil and deorts.
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9347.1—02
If have further questions, you may call the Headquarters Superfund
Regional d1nators, Carolyn Offutt of the CERCLA program (FTS 475—9760), or
Michaells *laon of the RCR.A land disposal restrictions program crrs 382—4770).
Attachments
cc: Regional Counsel, Regions I—I
Director, Waste Management Division, Regions I, IV, V, VII, and VIII
Director, Emergency and Remedial Response Division, Region II
Director, Hazardous Waste Management Division, Regions III and VI
Director, Toxics and Waste Management Division, Region IX
Director, Hazardous Waste Division, Region X
Environmental Services Division Directors, Regions I, VI, and VII
Henry Longest
Sylvia Lowrance
Bruce Diamond
Lisa Friedman
Superfund Branch Chiefs, Regions I—X
Oil and Hazardous Materials Coordinators, Regions I—X
Bettie Van Eppa, OERR Document Coordinator
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Attachment 1
LDR STATUTOEY DEADLINES
RCR.A HAZARDOUS WASTE STATUTORY DEADLINE*
Spent solvent wastes (FOO1 . .F005) November 8, 1986
Dioxin wastes (F020-F023 and F026-F028) November 8, 1986
California list wastes July 8, 1987
• Any RCRA hazardous waste; and
- Liquid (except for HOCs); and
- Exceeds statutory prohibition level for
certain cyanides, metals, corrosives,
PCBs or HOCs
CERCLA/R RA corrective action soil and debris November 8, 1988
(Solvent-containing, dioxin-containing, and
California list wastes only)
First Third wastes (listed RCRA hazardous wastes) August 8, 1988
Second Third wastes (listed RCRA hazardous wastes) June 8, 1989
Third Third wastes (listed and characteristic May 8, 1990
RCRA hazardous wastes)
New RCRA wastes (any RCRA hazardous waste listed Within 6 months
or identified under RCRA 3001 after of Listing or
November 8, 1984) identification**
* These dates are statutory deadlines in HSWA. On this date, some type
of LDR restriction will apply (i.e., treatment standard, minimum
requiraasnc during national capacity extension, soft hammer, hard
ha .r). Movev.r, the Agency also has the authority to restrict a waste
earlier . kai its statutory deadline. Currently, the Agency is planning
to restrict certain Third Third wastes in the June 1989 Second Third rule.
so individual regulations must be checked.
** If EPA misses the 6 month deadline, the waste will not be restricted under
the LDRs because HSWA contained no hammer provisions for newly identified
wastes.
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Attachment 2
LDR NATIONAL CAPACITY EXTENSIONS I DE GEECLA SOIL AND DEBRIS
Waste Category
Statutory
Deadline
Treatment Standard
Effective Date
Solvent (F001-F005)
November 8, 1988
November 8, 1990*
Dioxin (F020-F023 and F026-F028)
November 8, 1988
November 8, 1990*
Califorrn.a list (HOCs)
November 8, 1988
November 8, 1990*
First Third:
Wastes where BOAT is incineration
August 8, 1988
August 8, 1990*
Wastes where BOAT is other than incineration
August 8, 1988
August 8. 1988**
Soft hammer wastes - treatment standard not
set; must meet soft hammer restrictions as of
8/8/88
August 8, 1988
N/A
* The effective date is based on the granting of a national capacity extension. During the capacity
extension, the soil and debris do not have to meet the promulgated treatment standards. However, if soil
or debris that does not meet the standard is disposed in a landfill or surface impoundment, the receiving
unit must meet the RCRA minimum technology requirements (double liner. leachate collection system, ground
water monitoring).
** Except for 1(048-1(052 and 1(071, which were granted capacity extensions until August 8, 1990.
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