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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