United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
Superfund Publication:
9347.3-08FS
October 1990
dEPA
Superfund LDR Guide #8
Compliance with Third Third
Requirements under
the LDRs
Office of Emergency and Remedial Response
Hazardous Site Control Division OS-220
Quick Reference Fact Sheet
The 1984 Hazardous and Solid Waste Amendments (HSWA) require EPA to promulgate regulations restricting the land
disposal of RCRA hazardous wastes. EPA previously promulgated regulations restricting the land disposal of solvent- and dioxin-
containing, California list, First Third, and Second Third wastes. This guide (the eighth in a series of LDR guides prepared by the
Office of Emergency and Remedial Response (OERR)) summarizes the key provisions of the Third Third LDR rule and discusses
potential implications for CERCLA response actions. More detailed guidance on Superfund compliance with the LDRs is being
prepared by the Office of Solid Waste and Emergency Response (OSWER).
The Third Third rule, promulgated on May 8, 1990,
restricts all remaining RCRA hazardous wastes (listed as of
November 8, 1984) for which treatment standards had not
previously been set. Wastes for which LDR standards are not
established include certain wastes that were newly listed or
newly identified after November 8, 1984, mineral processing
wastes previously excluded from regulation under the Bevill
Amendment, and certain newly identified characteristic wastes.
The rule sets treatment standards and effective dates for the
characteristic hazardous wastes, First and Second Third wastes
that were "soft hammered," multi-source leachate, and mixed
hazardous and radioactive wastes. EPA granted a 90-day
national capacity variance for all wastes in the Third Third
rule, excluding those wastes already receiving a two-year
national capacity variance. In addition, EPA provided
important policy guidance on the following issues:
• Continued application of the California list restrictions;
• Interpretation of the dilution prohibition; and
• Application of LDR standards to lab packs.
TREATMENT STANDARDS
As with previous LDR rules, EPA set concentration-based
treatment standards for Third Third wastes whenever possible
(thus allowing use of any technology that can achieve the
specified performance level). However, many Third Third
treatment standards are set as methods of treatment (e.g.,
incineration), because the Agency currently has no means of
calculating valid concentration-based standards that can be
used for compliance monitoring. To comply with the LDRs
when EPA has specified a method(s) of treatment, site
managers must either use the specified technology to treat the
waste or demonstrate that an alternative technology can
achieve a level of performance equivalent to that of the
specified technology.
In cases where soil and debris are contaminated with
RCRA hazardous wastes for which the treatment standards
are methods of treatment, site managers should continue to
comply with the LDRs through a Treatabiliry Variance, as
outlined in Superfund LDR Guides #6A and #6B. [See
Preamble to the 1990 National Contingency Plan (NCP), 55
FR 8760-61, March 8,1990.]
NATIONAL CAPACITY VARIANCES
EPA granted a 90-day national capacity variance, until
August 8, 1990, for all wastes included in the Third Third
Rule. EPA also granted certain wastes national capacity
variances from the LDRs for up to two years (from May 8,
1990 until May 8, 1992), based on inadequate treatment
capacity. The surface-disposed wastes receiving a two-year
national capacity variance are listed in Highlight 1.
CHARACTERISTIC WASTES
Among the wastes restricted in the Third Third rule are
those wastes exhibiting one or more of the RCRA hazardous
characteristics (i.e., ignitabiiity, corrosivity, reactivity, or
toxicity). EPA set treatment standards for the characteristic
wastes botlLas concentration-based levels and methods of
treatment. For most characteristic wastes with concentration-
based treatment levels, EPA generally set the LDR treatment
standards at the characteristic level that defines these wastes
as hazardous. For example, EPA currently defines a D009
waste as mercury that leaches more than 0.2 mg/1 using the EP
toxicity test; the treatment standard for mercury is 0.2 mg/l
using the TCLP test. Because EPA established concentration
levels for these wastes at the characteristic level, treatment to
the LDR treatment standards will render the treated wastes
non-hazardous. Therefore, the treated wastes may be disposed
of in Subtitle D landfills. [Note: the Agency recently
promulgated the toxicity characteristic (TC) rule, which
requires use of the TCLP test beginning September 25,1990
as a means of determining whether a waste is characteristic.
Therefore, as of September 25, 1990, the TCLP will be used
to determine whether a waste is characteristic and, in most
cases, for compliance with LDR standards prior to disposal.]
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Highlight 1 - SURFACE-DISPOSED WASTES
RECEIVING TWO-YEAR NATIONAL CAPACITY
VARIANCES IN THE THIRD THIRD RULE
Technology
Waste Code*
All All scheduled mixed
hazardous/radioactive wastes
and D004-D011 inorganic
solid debris
Vitrification D004 P011
K031 P012
K084 P036
K101 P038
K102 U136
P010
Combustion of Sludge/Solids F039b K048-K0520
Acid Leaching and
Chemical Precipitation
(low mercury) and mercury
retorting (high mercury)
Secondary Smelting
Thermal Recovery
Incineration, vitrification,
and mercury retorting
D009
K106
P065
P092
U151
D008d
P087 (wastewater and
nonwastewater)
Soil and
Debris
" Variances are granted only to the nonwastewater forms,
unless otherwise noted.
b Multi-source leachate.
0 Capacity extension only until November 8,1990.
d D008 lead-acid batteries.
For the pesticide wastewaters, EPA set treatment
standards as specified technologies. For pesticide
nonwastewaters, the treatment standards are set as total waste
concentrations (not extract concentrations). Although these
total waste concentrations appear to be higher than the levels
that define the wastes as hazardous, given the 20 to 1 dilution
factor inherent in the TCLP and EP protocols, no correlation
between the treatment standard and the characteristic level can
be assumed. Therefore, testing likely will be necessary to
determine whether these wastes remain hazardous once
treated to the LDR treatment standards (see Highlight 2).
For characteristic wastes with specified methods of
treatment (e.g., certain D001 ignitable wastes), site managers
must treat the wastes with the specified technology or
demonstrate that an alternative technology can achieve an
equivalent level of performance. Following treatment, wastes
should be tested to determine whether the wastes have been
rendered non-hazardous and evaluated as to whether the
residues exhibit characteristics other than those for which the
waste was originally treated. In some cases, the use of a
BDAT treatment technology to remove one characteristic
Highlight 2 - THIRD THIRD CHARACTERISTIC
PESTICIDE NONWASTEWATER TREATMENT
STANDARDS
Waste Name
LDR Treatment EP Toxtclty/TC
Standard (mg/1) Level (my/I)*
(total waste)
D012 Bndrin 0.13
D013 Lindane 0.066
D014 Methoxychlor 0.18
D015 Toxaphene
D016 2,4-D
D017 2,4,5-TP
1.3
10.0
7.9
0.02
0.4
10.0
0.5
10.0
1.0
* These also will be the regulatory standards under the
TCLP when it becomes effective on September 25,1990.
could result in a residue that exhibits a different characteristic
and, therefore, the residue may require further treatment. For
example, incineration of an ignitable D001 waste may generate
an ash that exhibits the characteristic of toxicity for certain
metals. This ash would need to be treated for the additional
characteristic to meet the LDR treatment standard before
disposal. If the treatment has rendered the waste non-
hazardous, the residues may be disposed of in a Subtitle D
facility.
When a listed waste also exhibits a characteristic, the waste
must be treated to the treatment standard established for both
the listed waste and its characteristic, unless the characteristic
constituent or property is specifically addressed through the
treatment standard for the listed waste. For example, if F006
waste (for which lead is a BDAT constituent) also exhibits the
hazardous characteristic of lead, the waste must be treated
only to the treatment standard for F006, because it is the most
waste-code specific standard and lead is a constituent directly
addressed by the F006 treatment standard. If an F001 solvent
waste also exhibits the characteristic of lead, however, the
waste must be treated to meet the F001 solvent standard and
the D008 lead treatment standard, because lead is not a
BDAT constituent for F001 waste. Therefore, it is important
for site managers to determine all of the listed and
characteristic codes that may apply to a waste.
Because EPA divided several of the characteristic wastes
into treatability groups for purposes of establishing treatment
standards, (see Highlight 3), site managers should determine
which treatability group(s) are present during a response action
and comply with their respective treatment standards.
MULTI-SOURCE LEACHATE
EPA has listed multi-source leachate^ defined as leachate
derived from the treatment, storage, disposal, or recovery of
more than one listed hazardous waste, as a new waste code,
F039, and established one set of wastewater standards and one
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set of nonwastewater standards for this code. These standards
set concentration levels for the entire BDAT list of
constituents (approximately 200 in total) that may be found in
multi-source leachate (see Highlight 4). [Note: treatment
standards for the constituents under F039 may differ from
standards for the same constituents in other more specific
waste codes.]
CERCLA compliance with the F039 treatment standards
will involve the analysis of the BDAT constituents present in
waste streams extracted through leachate collection systems,
and the treatment of such wastes to meet the appropriate
levels for these constituents. Because of the RCRA derived-
from rule, residuals from the treatment of multi-source
leachate are restricted under the LDRs. [Note: Leachate
derived from the exclusive management of more than one of
the listed dioxin-containing hazardous wastes (e.g., F020-F023
and F026-F028) is classified as a single-source dioxin waste and
is not considered multi-source leachate.]
MIXED RADIOACTIVE WASTES
EPA promulgated treatment standards expressed as
specified methods for the following four categories of mixed
hazardous and radioactive wastes: (1) hydraulic oils
contaminated with mercury, (2) wastes containing elemental
mercury, (3) wastes containing elemental lead, and (4) D002,
D004-D011 radioactive high-level wastes generated during
reprocessing of fuel rods. For other mixed wastes, the
Highlight 3 - SUBCATEGORIES FOR
CHARACTERISTIC WASTES
The following are RCRA. characteristic wastes for which
EPA established treatability groups in addition to
wastewaters and nonwastewaters:
•D001 Ignitables
- Ignitable liquids
- organic liquids
- aqueous liquids
— wastewaters
- Ignitable reactives
- Cbddizers
- Ignitable compressed
gases
• D002 Corrosives
- Acids
- Alkalines
- Other corrosives
• D003 Reactives
- Reactive cyanides
- Explosives
- Water reactives
- Reactive sulfides
- Other reactives
Note: Those characteristic wastes not listed here have
wastewater and nonwastewater categories treatability groups
only.
•D006 Cadmium
- Wastewaters
- Nonwastewatex-
- Cadmium Batteries
•D007 Chromium
- Wastewaters
- Nonwastewaters
- Chromium Bricks
- Chromium Batteries
•D008 Lead
- Wastewaters
- Nonwastewaters
- Lead-Add Batteries
Highlight 4 - EXAMPLE OF F039 MULTI-SOURCE
LEACHATE TREATMENT STANDARD*
(Standards are set in a similar manner for each of the
approximately 200 BDAT constituents.)
Wastewater
Acetone
Acenaphthalene
Acenaphthene
Acetonitrile
Acetophenone
Nonwastewater
Acetone
Acenaphthalene
Acenaphthene
Acetophenone
Total Concentration*
fmg/D
0.28
0.059
0.059
0.17
0.010
Total Concentration'1"1"
(me/kel
160.0
3.4
9.1
9.6
Notes:
* F039 nonwastewaters received two year national capacity
variances.
* Total concentration for wastewaters based on the
maximum for any single grab sample
** Total composition for nonwastewaters based on
maximum for any 24-hour composite.
treatment standard for the RCRA hazardous waste code is the
standard in effect for the hazardous portion of mixed wastes.
EPA determined that inadequate nationwide treatment
capacity exists for all Third Third surface-disposed mixed
radioactive wastes, and gran??sl these wastes a two-year
national capacity variance. Mixed wastes containing only spent
solvents and dioxins, or California list wastes, are still subject
to the applicable treatment standards; no capacity variances are
in effect for these wastes.
CALIFORNIA LIST WASTES
On July 8,1987, EPA promulgated a final rule establishing
treatment standards for California list wastes containing PCBs
and certain HOCs, and codified the statutory prohibition on
liquid corrosive wastes. The statutory prohibition is in effect
for the California list wastes containing free cyanides, metals,
and the California list dilute HOC wastewaters. As discussed
in Superfund LDR Guide #2, Complying With the California
List Restrictions Under the Land Disposal Restrictions (LDRs),
when the California list waste restrictions overlap with waste-
code specific treatment standards, the waste-code specific
treatment standards apply. Therefore, most California list
prohibitions are now superseded by more waste-code specific
prohibitions and treatment standards as a result of the Third
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Third rule. However, the California list prohibitions will
continue to apply in the cases outlined below:
• Liquid hazardous wastes that contain over SO ppm PCBs,
where the PCBs are not regulated by the treatment
standard;
• HOC-containing wastes that are identified as hazardous
by a characteristic property not involving HOCs, such as
an ignitable waste that also contains greater than 1,000
ppm HOCs;
• Liquid hazardous wastes that contain a total concentration
equal to or greater than 134 mg/1 of nickel and/or 130
mg/1 of thallium (because these two constituents are not
regulated under the characteristic of toxicity); and
• Wastes with a national capacity variance that are also
California list wastes, until the waste-code specific
treatment standards become effective.
LAB PACKS
In the Second Third rule, EPA reaffirmed that all
restricted wastes in lab packs being land disposed must comply
with the LDR treatment standards for each waste in the lab
pack. In the Third Third rule, EPA established two alternate
treatment standards for lab packs: (1) incineration followed by
treatment (e.g.', stabilization) to meet the appropriate
individual treatment standard for each EP toxic metal present
in lab packs containing only organo-metallic wastes (listed in
40 CFR 268 Appendix IV); and (2) incineration as a method.
for lab packs that contain only certain organic wastes (listed
in 40 CFR 268 Appendix V).
Where possible, site managers should segregate lab packs
containing wastes found in 40 CFR 268 Appendix IV and V
to facilitate appropriate treatment determination. Lab packs
that contain PCBs or dioxins must continue to meet the
treatment standards for those wastes. For example, a lab pack
containing only dioxin-containing wastes (F020-F023 and F026-
F028), a mixture of dioxin-containing wastes and organic
hazardous wastes, or California list PCBs and dioxin-containing
wastes must be incinerated according to the applicable
standards for those wastes.
DILUTION PROHIBITION
In the Tfird Third rule, EPA reaffirmed the existing
dilution prohibition contained in 40 CFR 268.3 for RCRA
listed wastes, which restricts dilution through mixing of
hazardous wastes unless such dilution meets the standard in
§ 3004(m) of substantially reducing the prohibited waste's
toxicity or mobility. EPA has clarified, however, that the
aggregation of wastes does not constitute impermissible
dilution if the wastes are all legitimately amenable to the type
of treatment being used. Dilution also is allowed in the
following cases for characteristic wastes:
• When characteristic wastes are managed in wastewater
treatment systems discharging under the pretreatment
program or an NPDES permit regulated under the Clean
Water Act (CWA) (unless a method is specified), or
disposing in Class 1 underground injection wells regulated
under the Safe Drinking Water Act (SDWA), if
nonhazardous at the point of injection.
• When dilution removes the characteristic property from
non-toxic characteristic wastes. [EPA considers high total
organic carbon (TOC) ignitable nonwastewaters, reactive
cyanide wastes, reactive sulfide wastes, and EP toxic metals
and pesticides to be toxic characteristic wastes, and dilution
is not allowed for these wastes. All other D001-D003
wastes are considered non-toxic.]
Site managers should ensure that any dilution occurring as
a result of waste streams being combined is for acceptable
purposes (e.g., pretreatment or treatment). The dilution
prohibition may be violated when wastes that are not amenable
to the same type of treatment are aggregated. For example,
if a listed hazardous waste containing metals is aggregated with
organic wastewaters resulting in metal levels no longer
exhibiting the characteristic, and the aggregated mixture is sent
to biological treatment, the dilution prohibition would be
violated because biological treatment is not an appropriate
treatment for metal-bearing toxic wastes, (i.e., the metal
removal was not as a result of treatment, but was from
dilution).
NOTICE: The policies set out in this memorandum ate intended solely as guidance. They are not intended, nor can they be relied
upon, to create any rights enforceable by any parry hi litigation with the United States. EPA officials may decide to follow the guidance
provided in this memorandum, or to act at variance with the guidance, based on an 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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