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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