United States Environmental Protection Agency Office of Solid Waste and Emergency Response Publication 9380 3-08FS January 1992 REGIONAL GUIDE: ISSUING SITE- SPECIFIC TREATABILITY VARIANCES FOR CONTAMINATED SOILS AND DEBRIS FROM LAND DISPOSAL RESTRICTIONS (LDRs) oEPA Technology Innovation Office Quick Reference Fact Sheet Q's and A's for LDR Site Specific TVeatability Variances What type of LDR variance authority has been del- egated to the Regions? The Regional Administrator (RA) may exercise the authority to grant or deny applications for site-specific variances for contaminated soils and debns from a treat- ment standard established by the Land Disposal Program in CERCLA response actions and RCRA correcove actions and closures. For RCRA actions, the RA was delegated the authority to grant or deny these variances under 40 CFR 268.44(h) on April 22,1991. For on-site CERCLA actions, the RA already had the authority to grant vari- ances as part of the ROD process. Variance authority for CERCLA actions is discussed in LDR Guides 6A (revised, September 1990) and 6B (9347 3-06FS & 9347.3-06BFS). Can the RA redelegate this authority under RCRA? Yes, the RA may redelegate this authority with respect to RCRA actions to the Deputy RA and to the Division Director level. Why should contaminated soils and debris be consid- ered for a variance? The National Contingency Plan establishes a presump- tion that contaminated soils are appropriate for treatabihty variances. Until specific standards for soils and debns are developed, current BOAT standards generally are consid- ered to be inappropriate for contaminated soils and debns for CERCLA response actions and RCRA corrective actions and closures (55 FR 8760-1, March 8,1990). It is expected that site managers, generators, and owners/ operators of treatment or disposal facilities will apply for treatment variances . In considering variance requests, EPA Regions should carefully consider OSWER's guid- ance on soil treatment levels. Where can one find OSWER's guidance for alterna- tive treatability variance levels? LDR Guides 6A and 6B. These guidances can be ordered through the RCRA/CERCLA Industry Assistance Hotline (1-800-424-9346) or regional library What type of oversight will EPA HQs provide? For the first three variances granted outside the CERCLA ROD process in each Region, the Region must consult with the Assistant Administrator of OSWER 21 days before finalizing these proposed treatability variances. Afterwards, only those variances that do not comply with the alternative treatability variance levels or the technologies specified in OSWER guidance (LDR Guide 6A & 6B) will need OSWER consultation Where can one find the regulatory requirements for site-specific treatability variances under RCRA? RCRA regulatory requirements (40 CFR 268.44(i)) Each application for a site specific variance from a treatment standard must include the information in 40 CFR 260 20 (b) (l)-(4) and must also comply with 40 CFR 268.7. Until the variance is granted, the applicant must comply with LDR require- ments (40 CFR 268.44 (1)). The figure on the reverse side describes the RCRA administrative process for issuing site specific treatability variances. Where can one find the procedures used for granting treatability variances in CERCLA? LDR Guides 6A (Revision) and 6B (9347.3-06FS & 9347.3-06BFS) set forth the procedures for granting treatability variance for CERCLA remedial and removal actions, respectively. NOTE: This Fact Sheet highlights the delegaoon of LDR site-specific treatability variances to regional offices by describing both the procedures and require- ments for issuance. Data generated by these variances on performance and cost data of alternative technolo- gies will be valuable in evaluating innovative treat- ment technologies by determining whether environ- mental targets are achieved and what engineering parameters are of most importance for scale-up NOTICE The policies set out in this FACT Sheet are intended solely as guidance. They are not intended nor can they be relied upon, to cream any rights enforceable by.any party in litigation with the United States. EPA officials may decide to follow the guidance provided in this FACT sheet, or to act at variance with the guidance, based on the analysis of specific site circumstances The Agency also reserves the right to change this guidance at any time without public notice. ------- RCRA Administrative Process for Site Specific Treatability Variances Application submitted to the Region. Region informs applicant that application has been received. Regions may request additional information and/or samples (40 CFR 268.440). A draft notice granting or denying application sent out. Notification of tentative decision printed in newspaper or announced on radio broadcast in the applicant's locality. Region accepts comments usually up to 30 days. Comments can be obtained through existing public participation vehicles, such as permit and permit modification applications. Public Hearing may be requested, which the Region can provide via the public hearing that may be requested with a permit action (permit or modification), closure action and/or enforcement order (3008(a) order, a 3008(h) Order) and the Corrective Measure Study (CMS) Statement of Basis. Permit or permit modification containing a treatability variance issued or denied. 3008(h) Order or amended order containing a treatability variance issued or denied. Treatability variance either issued or denied. ------- |