United States Office of
Environmental Protection Solid Waste and
Agency Emergency Response
Superfund Publication
9347 3-06BFS
September 1990
-S-EPA Superfund LDR Guide #6B

Obtaining a Soil and
Treatability Variance
Removal Actions
Debris
for
Office of Emergency and Remedial Response
Hazardous Site Control Division
Quick Reference Fact Sheet
The Office of Emergency and Remedial Response (OERR) issued a series of Superfund LDR Guides
in July and December of 1989. This senes included: Overview ofRCRA Land Disposal Restrictions (LDRs)
(Superfund LDR Guide #1); Complying with the California List Restrictions (Superfund LDR Guide #2);
Treatment Standards and Minimum Technology Requirements Under the LDRs (Superfund LDR Guide #3),
Complying with the Hammer Restrictions Under the LDRs (Superfund LDR Guide #4); Determining When the
LDRs are Applicable to CERCLA Responses (Superfund LDR Guide #5); Obtaining a Soil and Debris
Treatability Variance for Remedial (Superfund LDR Guide #6A) and Removal (Superfund LDR Guide #6B)
Actions; and Determining When the LDRs are Relevant and Appropriate to CERCLA Responses (Superfund LDR
Guide #7). Since the issuance of these guides, the Environmental Protection Agency, with cooperation from
outside parties (e.g., environmental groups, industry representatives), has conducted an analysis of the potential
impacts associated with applying the LDR treatment standards to Superfund and RCRA Corrective Action
cleanups. As a result of these analyses, it was decided that the Agency will promulgate a third set of treatment
standards (in addition to the wastewater and nonwastewater categories currently in effect) specifically for soil
and debris wastes. In the interim, there is the presumption that CERCLA response actions involving the
placement of soil and debris contaminated with RCRA restricted wastes will utilize a Treatability Variance
to comply with the LDRs and that, under these variances, the treatment levels outlined in Superfund LDR
Guide #6B will serve as alternative "treatment standards" for removal actions. This guide has been prepared
to outline the process for obtaining and complying with a Treatability Variance for soil and debris that are
contaminated with RCRA hazardous wastes until such time that the Agency promulgates treatment standards
for soil and debris.
BASIS FOR A TREATABILITY VARIANCE
When promulgating the LDR treatment
standards, the Agency recognized that treatment of
wastes to the treatment standards established using
the best demonstrated available technology
(BDAT) would not always be possible or
appropriate (RCRA §268.44). In addition, the
Agency recognized the importance of ensuring that
the LDRs do not unnecessarily restrict the
development and use of alternative and innovative
treatment technologies for remediating hazardous
waste sites. Therefore, a Treatability Variance
process is available to comply with the LDRs when
a Superfund waste differs significantly from the
waste used to set the LDR treatment standard such
that:
¦	The LDR standard cannot be met; or
¦	The BDAT used to set the standard is
inappropriate for the waste.
Highlight 1: SOIL AND DEBRIS
Soil. Soil is defined as materials that are
primarily of geologic origin such as sand, silt,
loam, or clay, that are indigenous to the
natural geologic environment at or near the
CERCLA site. (In many cases, soil is mixed
with liquids, sludges, and/or debris.)
Debris. Debris is defined as materials that
are primarily non-geologic in origin, such as
grass, trees, stumps, and man-made materials
such as concrete, clothing, partially buried
whole or empty drums, capacitors, and other
synthetic manufactured materials, such as
liners. (It does not include synthetic organic
chemicals, but may include materials
contaminated with these chemicals).
Printed on Recycled Paper

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During on-site removal actions, on-scene
coordinators (OSCs) must comply with the LDRs
if the LDRS are ARARs and compliance with the
LDRs is practicable. For removals involving off-
site deposition, OSCs must simply determine if the
LDRs are applicable. When managing restricted
soil and debris wastes (see Highlight 1), it is
presumed that OSCs will comply with the LDRs
through a Treatability Variance because, except for
the dioxin standards which are based on treating
contaminated soil, the LDR treatment standards
are based on treating less complex matrices of
industrial process wastes. A Treatability Variance
does not remove the requirement to treat
restricted soil and debris wastes. Rather, under a
Variance, an OSC selects alternate treatment levels
the Agency has established, which are based on
data from actual treatment of soil or best
management practices for debris.
COMPLYING WITH A TREATABILITY
VA]UM4CE FOR SOIL AND DEBRIS WASTES
Soils
Once the OSCs have identified the RCRA
waste codes present at the site, the next step is to
identify the BDAT constituents requiring control
and to divide these constituents into one of the
structural/functional groups shown in column 1 of
Highlight 2. After dividing the BDAT constituents
into their respective structural/functional groups,
the next step is to compare the concentration of
each constituent with the threshold concentration
(see column 3 of Highlight 2) and to select the
appropriate concentration level or percent
reduction range. If the concentration of the
restricted constituent is less than the threshold
concentration, the waste should be treated to
Highlight 2: ALTERNATE TREATABILJTY VARIANCE LEVELS AND
TECHNOLOGIES FOR STRUCTURAIJFUNCTIONAL GROUPS
Structural
Functional
Groups
Concentration
Range
(ppm)
Threshold
Concentration
(ppm)
Percent
Reduction
Range
Technologies that achIeved
recommended effluent
concentration guldance**
QRGANICS

Total Waste
AnaIvsls1
Total Waste
Analyslsf
Halogenatad
Non-Polar
Ammatics
05- 10
ico
go ggg
Biological Treatment. Low Temp Sthpping.
Soil Washing. Thermal Destiuction
Dioxins
0 00001 -005
05
90-999
Dectilonnalion. Soil Washing, Thermal DesUuction
PCBs
01 - 10
100
go - gg g
Biological Treatment. Oechlonnalion. Sod Washing.
Thermal Destn.icton
Heiticides
0002-002
02
90-999
Thermal Destiuction
Halogenated
Phenols
05-40
400
90-99
BiologiCal Treatment Low Temp Stripping.
Soil Washing. Thermal Destruction
Halogenatad
Aliphatics
05-2
40
95-999
BIOlOgICal Treatment. Low Temp Stripping. Soil Washing.
Thermal DestructiOn
Halogenated
Cyclics
05-20
200
90 -999
Thermal Destruction
Nitrated
Aromatics
23-10
10.000
999-9999
Biological Treatment Sod Wastung
Thermal Destruction
Heterocyclics
05-20
200
90-999
BIological Treatment. Low Temp Stripping. Soil Washing.
Thermal Destruction
Pctynuclear
Aromatics
05-20
400
95-99
BIological Treatment. Low Temp Stripping, Soil Washing.
Thermal Destruction
Other Polar
Organics
05-10
100
90-99
BiologIcal Treatment. Low Temp Stripping. Sod Washing.
Thermal Destructon
INORGA I4ICS
TCLP
TCLP
.
Antimony
0 1 - 02
2
90 - 99
lmmobihzaton
Arsenic
03 - 1
10
90 -999
Immobilization. Soil Washing
Banum
01 40
400
90 - 99
Immobilization
Chromium
05 - 6
120
95 - 999
Immobihzalion. Soil Washing
Nickel
05- 1
20
96-999
Immobilization. Soil Washing
Selenium
0 005
005
90 - 99
Immobilization
Vanadium
02 - 20
200
90 - 99
ImmobilIzation
Cadmium
02 - 2
40
95 - 999
Immobilization. Soil Washing
Lead
0 1 - 3
300
99 - 99 9
Immobilization. Soil Washing
Mercury
00002 -0 008
008
90-99
Immobilization
• TCLP also may be used when evaluating waste in which organza are not a pnncipal constiweni that how been treated throu ’i an
unnioôdzzabon pmce .
Other tech,wlogres may be used if -eatabthty studies or other infonnaton indicates that they can achieve the necessaty concenbv .UoIi or

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within the concentration range. If the waste
concentration is above the threshold, the waste
should be treated to reduce the concentration of
the waste to within the specified percent reduction
range. Once the appropriate treatment range is
selected, the third step is to identify and select a
specific technology that can achieve the necessary
concentration or percent reduction. Column 5 of
Highlight 2 lists technologies that (based on
existing performance data) can attain the
alternative Treatability Variance levels.
For on-site actions, during the implementation
of the selected treatment technology, periodic
analysis using the appropriate testing procedure
(i.e., total waste analysis for organics and TCLP for
inorganics) will be required to ensure that the
alternate treatment levels for the BDAT
constituents requiring control are being attained,
and thus, can be land-disposed without further
treatment.
Because of the variable and uncertain
characteristics associated with unexcavated wastes,
from which only sampling data are available,
treatment systems generally should be designed to
achieve the more stringent end of the treatment
range (e.g., 0.5 for chromium, see column 2 of
Highlight 2) to ensure that the treatment residuals
from the most contaminated portions of the waste
fall below the ‘no exceedance’ levels (e.g., 6.0 ppm
for chromium). Should data indicate that the
treatment levels set through the Treatability
Variance are not being attained (i.e., treatment
residuals are greater than the ‘no exceedance’
level), OSCs should consult with the Response
Operations Branch at Headquarters.
Debris Wastes
OSCs should use the same process described
above for obtaining a Treatability Variance for
types of debris that are able to be treated to the
alternate treatment levels (e.g., paper, plastic).
However, for most types of debris (e.g., concrete,
steel pipes), which generally cannot be treated,
OSCs should use best management practices.
Depending on the specific characteristics of the
debris, these practices may include
decontamination (e.g., triple rinsing) or
destruction.
OBTAiNING A TREATABILITY VARIANCE
FOR SOIL AND DEBRIS WASTES
Once it is determined that a CERCLA waste is
a soil or debris, and that a Treatability Variance
will be necessary (i.e., the LDRs are applicable and
practicable for the removal action addressing soil
and debris wastes, and there is a reasonable doubt
that the LDR treatment standards can be met
consistently for all the wastes), OSCs should
Highlight 3- INFORMATION TO BE INCLUDED IN A TREATABIUTY VARIANCE
ACTION MEMORANDUM AND EE/CA TO OBTAIN A SOIL AND DEBRIS TREATABILITY VARIANCE
DURING CERCLA REMOVAL ACflONS
In rmatton to be inctuded in a Treatabihty Variance Memorandum and EFICA for a soil and debris Treatabitity Vanance
during on-site and off-site removal actions is listed below. For off-site Treatability Variances, the complete list of documentation
requirements should be combined and submitted as a separate document.
ON-SITE AND OFF-SITE
• Description of the sod or debris waste and the source of the contamination;
• Description of the Proposed Action (e.g., ‘excavation, treatment., and off-site disposal’);
• Intent to comply wflh the LDRs through a Treatability Variance; and
• For the selected removal action (emergency and time-critical) or for each alternative for which a Treatability Variance
is required (non-time-critical removals), the specific treatment level range to be achieved (see HIghlight 2 to determine
these treatment levels and Highlight 7 for an example of the variance process).
OFF-SITE ONLY
• Petitioner’s name and address and identification of an authorized contact person (if different); and
. Statement of petitioner’s interest in obtaining a Treatability Variance.

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initiate the process of obtaining a Treatability
Variance.
lit general, for on-site removal actions, the
Treatability Variance will be in the form of a
memorandum attached to the Action
Memorandum that documents the removal action
to be taken. This attachment should include the
necessaty information to justify the need for a
Treatability Variance (see HIghlight 3).
Treatabifity Variances for on-site removal actions
are approved by Regional Administrators or their
designees.
For off-site removal actions, an OSC must
submit to Headquarters a formal Treatability
Variance petition complying with the requirements
of 40 CFR 268.44 for site-specific variances.
Because most removal actions involve off-site
actions, OSCs will generally have to prepare
formal Treatability Variance petitions. The
process also should include local notice and an
opportunity for the public to comment, consistent
with the NCP administrative record requirements
in 40 CFR 300.820.
Processes for obtaining a Treatabifity Variance
depend upon the type of removal action. These
actions are classified according to the expediency
required in a given situation: (1) emergency, (2)
time-critical, and (3) non-time-critical. The
process for obtaining a Treatability Variance for
each of these removal actions is described below.
Each of these actions are defined in the NCP (55
8666, March 8, 1990).
Emergency and Time-Critical Actions
There is no formal procedure for identifying and
analyzing alternatives for emergency and time-
critical removal actions. Because of the need for
a quick response to a release, the removal action
selection process may occur at different stages of
these removals, depending on the threats present.
Generally, a request for a Treatability Variance
is a memorandum attached to the Action
Memorandum. During emergency and some time-
critical responses, however, there may not be
sufficient information available about the need for
a Treatability Variance when the Action
Memorandum is signed. In those cases, the
request for a Treatability Variance should be a
memorandum (or formal petition, for off-site
actions) that amends the Action Memorandum.
Sample language for this Action Memorandum is
provided in Highlight 4. In all cases, the
Treatabiity Variance memorandum should be from
the OSC to Regional Administrators or their
designee who has the authority to approve Action
Memoranda. Public comment on the Treatability
Variance should be solicited, whenever possible,
given the urgency of the situation, in accordance
with the administrative record and public
participation procedures described in the NCP (40
CFR 300.820).
Non-Time-Critical Actions
For these actions, sufficient lead-time is
generally available to conduct a more detailed
analysis of alternatives before the Action
Memorandum is signed. The process by which
alternatives are analyzed is described through the
HIghlight 4 - SAMPLE L4NGUAGE FOR
THE ACFION MEMORANDUM
Because existing and available data do not
demonstrate that the full-scale operation of
this treatment technology can attain the LDR
treatment stand ards consistently for all soil or
debris wastes to be addressed l y this action,
this selected removal alternative will comply
with the L1)Rs through a Treatability
Variance. The treatment level range
established through a Treatability Variance
and achieved through [ specifj technology] will
attain the Agency’s interim ‘treatment
levels/ranges” for each constituent restricted at
the site.
Highlight S - SAMPLE LANGUAGE FOR
THE EFJCA
Description of Alternatives :
This removal alternative will comply with the
LDRs through a Treatabiily Variance under
40CFR26&44. This Variance will result in
the use of (specify technology] to attain the
Agency’s interim “treatment Levels franges” for
the contaminated soil at the sue.
Evaluation of Alternatives :
The LDRs are applicable and can be
practicably met for [ Enter number] of (Enter
total number of alternatives] removal
alternatives being co idereL [ Enter number]
of the (Enter total number of alternatives]
alternatives would comply with the LDRs
through a Treazabihzy Variance.

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steps of the Engineering EvaluationlCOSt Analysis
(EE/CA) process. Sample language for the EEICA
is provided in Hlghllght 5. The EE/CA process
includes gathering information that will aid in
determining whether an LDR requirement is
applicable and selecting a recommended action.
The EE/CA process is similar to the RIIFS
process and generally includes six steps:
• Site characterization;
• Identification of removal action objectives,
• Identification of removal action
alternatives;
• Analysis of removal action alternatives;
• Comparative analysis of removal action
alternatives; and
a Recommendation of removal action
alternative.
For non-time-critical removals, the information
to justii ’ a Treatabihty Variance should be
included in a memorandum attached to the
EF/CA. Public comments on the Treatability
Variance should be solicited for a period of at
least 30 days when the EE/CA is made available, in
accordance with the administrative record
requirements in the NC? (40 CFR 300.820).
SUMMARY
Because of the important role the LDRs may
play in Superfund removals, OSCs need to
incorporate early in the removal process the
necessaty investigative and analytical procedures to
determine if the LDRs are ARABs for on-site
removal alternatives that involve the aplacement
of wastes, and if compliance with the LDRs is
practicable. When the LDRs are ARABs and
compliance is practicable (or for off-site actions,
when LDRs are applicable), OSCs should
determine if treatment processes can attain either
the LDR treatment standards or the alternate
levels that would be established under a
Treatability Variance.
Once removal alternatives are identified, OSCs
should determine if alternatives involve placement
of restricted RCRA wastes, and if so, identify the
BDAT constituents requiring control. Next, OSCs
should evaluate those alternatives that involve
treatment and placement of restricted RCRA
hazardous wastes to ensure the technology
process(es) will attain the appropriate treatment
levels (Le., either the LDR treatment standard or
Treatability Variance alternate treatment levels for
restricted RCRA hazardous wastes), and, in
accordance with Superfund goals, reductions of 90
percent or greater for Superfund primaty
contaminants of concern). If a Treatabilitv
Variance is necessary, a request for a Variance
must be made in the Action Memorandum (or in
an amendment to the Action Memorandum) and
EE/CA Report, and public comment solicited.
The results of these evaluations are also
documented in the Action Memorandum and
EE/CA Report The integration of the LDRs into
the removal actions is illustrated in Highlight 6
An example of the process for complying with a
Treatability Variance for contaminated soil and
debris is presented in Highlight 7.
HIghlight 6: LDRs IN TUE REMOVAL PROCESS
and extent of site
Determine na re Develop removal ln. WR.
alternatives for
On
are ARAR. for
L
Implement
remedy and
attain I CR
beafo e,d standards
Determine If tech-
nologyQaa) will
attain LDR eat-
ment standards or
Treatablilty
Variance alternative
eatment levels
OR
ObtaIn Treitability
Variance and Implement
remedy te attain
leval.
I

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HighlIght 7: IDENTIFICATION OF TREATMENT LEVELS FOR A TREATAHILFIY VARIANCE
As part of the removal investigation. it has been determined that soils in one location at a site contain F006 wastes and cresols (which site records
indicate were an F004 waste). Arsenic, which was determined to be a characteristic RCRA hazardous waste, also was found in soils at a separate
location. Cadmium, chromium, lead, and arsenic were identified as contaminants found in the highest concentrations. The concentration range of
all of the constituents found at the site included:
Constituent
Total Concentration
(me/kg)
TCLP
(msJI)
Constituent
Total Concentration
(msjkaj
TCLP
(mgfl)
Cadmium
2,270 - 16,200
120 - 146
Nickel
100- 140
1 -65
Chromium
3,160 - 4,390
30- 56
Silver
1 - 3
—
Cyanides
80 - 150
1 - 16
Cresols
50 - 600
25 - 4
Lead
500- 625
2- 123
Arsenic
800 - 1,900
3 - 9
Four remedial alternatives are being considered: (1) Low temperature thermal stripping of soil contaminated with cresols followed by
immobilization of the ash; (2) [ nimobilization of the soil in a mobile unit; (3) In-situ immobilization, and (4) Capping of wastes. Each of these
alternatives must be evaluated to determine if they will result in significant reduction of the toncity, mobility, or volume of the waste; whether
“placement” occurs, and, If “placement” occurs, whether the treatment will attain the alternative treatment levels established through a Treatability
Variance for the BDAT constituents requiring control.
STEP 1: IDENTIFY THE RESTRJCFED CONSTITUENTS
i Because F006 and F004 wastes have been identified in soils at the site, the Superfund site manager must meet alternate treatment levels
established through a Treatabihty Variance (or the BDAT constituents. These constituents are: Cadmium, Cbromium, Lead, Nickel, Sliver,
and Cyanide for F006 and CresoLe (or F004.
AND DIVIDE THE CONSTITUENTS INTO THEIR STRUCTURAL/FUNCTIONAL GROUPS (see HIghlight 2):
• All of the F006 constituents are in the Inorganics structural/functional group
• Cresols are in the Other Polar Organic Compounds structural/functional group.
• The action should result in the effective reduction (i e, at least 90 percent) of all pnmary constituents of concern (i e, Cadmium, Chromium,
Lead, and Arsenic).
STEP 2: COMPARE THE CONCENTRATION THRESHOLD FOUND IN HIGHUGHT 2 TO TiLE CONCENTRATIONS FOUND AT THE SITE
AND CHOOSE riii x THE CONCENTRATION LEVEL RANGE OR PERCENT REDUCTION RANGE FOR EACH RESTRICTED
CONSTITUENT.
Site
Constituent Concentration
Threshold
Concentration
Appropriate Range Range to be achieved
ConcentratIon Percent Reduction (compliance analysis)
Cadmium
120 - 146 ppm
>
40 ppm
X
95.999 Percent Reduction (TCLP)
Chromium
30 - 56 ppm
<
120 ppm
X
0.5 -6 ppm (TCLP)
Lead
2 - 12.5 ppm
<
300 ppm
X
01 - 3 ppm (TCLP)
Nickel
I - 6.5 ppm
<
20 ppm
X
05 -1 ppm (TCLP)
Cresols 50- 600 ppm
Cresols (TCLP) 25- 4 ppm
>
100 ppm
X
X
90-99 Percent Reduction (1’CLP)
Arsenic
3 - 9 ppm
<
10 ppm
X
027 -1 ppm (TCLP)
STEP 3; IDENTIFY TREATMENT TECHNOLOGIES THAT MEET THE TREATMENT RANGES.
• Highlight 2 hats the technologies that achieved the alternate treatment levels for each structural/functional group.
• Because cresols are present in relatively low concentrations (assumed for the purposes of this emmple), a TCLP may be used Co determine if
immobilization results in a sum ent reduction of mobility of this restricted RCRA hazardous waste. (Measures to address any volatilization of
organice during immobilization processes will be necessasy.)
• Immobilization also will result in the effective reduction in leachabihty (i.e., at least 90 percent) of arsenic, a Supcrfund primary contaminant
of concern.
Alternative of Toxic
Effective Reduction
It,, MobWt , Volume?
“Placement?’
Meet Trea
Alit
lability Variance
rsiate Levels?
1. Low temperature strlpplng/
Immobilization
Yes
Yes
Yes
2. Immobilization in mobile unit
Yes
Yes
Yes
3 In-situ immobilization
Yes (Mobility)
No (LDRs not ARARs) -
—
STEP 4: PREPARE ACTION MEMORANDUM OR EFICE REPORT
• HIghlight 4 provides sample language for the Action Memorandum and Highlight S provides the sample language for the EEICA to present the
intent to comply with the LDRs through a Trcatabihty Variance.

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