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.

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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.

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