United Stales
Environmental Protection
Agency
Office of
Solid Waste and
E me rg en cy fl c soo n s a
Fubhcalion 9234 2-08/FS
May 1990
SEPA
Office of Emergency ana Remedial Response
Office of Program Management OS-240
ARARs Q's & A's
Compliance With the Toxicity Characteristics Rule: Part
Cuick Reference Fact Sheet
Section 121(d) of CERCLA, as amended by the 1986 Superfund Amendments and Reauthomation Act (SARA),
requires thai on-siic remedial actions must at least attain (or justify a waiver of) Federal and more stringent State applicable
and relevant arid appropriate requirements (ARARs) upon completion of the remedial action. The 1990 National
Contingency Plan (NCP) requires compliance with ARARs during remedial actions as well as at completion, and compels
attainment of ARARs during removal actions, whenever practicable. See NCP, 55 FR 8666,, 8843 (March 8, 1990) (to be
codified at 40 CFR section 300.415(i)(1990)), and 55 FR 8666, 8852 (March 8, 1990) (to be codified at 40 CFR section
300.435(b)(2)(1990)).
To implement the ARARs provision, EPA has developed guidance,
Paris. I and [I (Publications 9234.1-01 and 9234.1-02), and has provided training to Regions and States on the identification
of and compliance with .ARARs, This "ARARs Q's and A's" is part of a series that provide guidance on a number of
questions that arose in developing ARAR policies, in ARAR training sessions, and in identifying and complying with
ARARs at specific sites. This particular Q's and A's Fact Sheet addresses compliance with the recently promulgated Toxicity
Characteristics Rule (55 FR 11798 (March 29, 1990)).
Ql. How are wastes characterized as hazardous under
RCRA?
A. RCRA Subtitle C requirements are applicable to
CERCLA response actions if the waste is a RCRA
hazardous waste, arid either the waste was initially
treated, stored, or disposed of after the effective date
of the particular RCRA requirement, or the activity
at the CERCLA site constitutes treatment, storage,
or disposal, as defined by RCRA. RCRA uses the
following two procedures to define wastes as
hazardous: (1) the listing procedure, which involves
identifying specific industrial or process wastes that
pose hazards to human health and the environment;
and (2) the hazardous characteristics procedure,
which involves identifying properties or
"characteristics" that, if exhibited by any waste,
indicate a potential hazard if the waste is not
properly controlled. See 40 CFR section 261.3(a)(2).
The new Toxicity Characteristics (TC) rule concerns
one of four characteristics that indicate a potential
hazard (the others are ignitability, reactivity, and
corrosivity). A waste is a TC waste if any of the
chemicals listed in Highlights 1 or 2 are found in the
leachate at concentrations equal to or greater than
their regulatory levels..
Highlight 1: NEW CHEMICALS REGULATED
UNDER THE TC RULE AND THEIR LEACHATE
REGULATORY
Benzene
Carbon letrachloride
Chlordane
Chlorobenzene
Chloroform
m-Cresol
o-Cresol
p-Cresol
1,4-Dichlorobenzene
1,2-Dichloroethane
1,1 Diclilonxlhyleni::
2,4-Diniirololuene
Heplachlor (and its hydroxide)
Hexachk>r-l,3-buiadiene
Hexachloro benzene
H otach loroel hane
Methyl ethyl keione
Nitrobenzene
Pcniachlorophenol
Pyridine
TetrachloroelhyJene
Trichloroeihylene
2,4,5 -Trichlorophenol
2,4,6-Trichlorophenol
Vinyl chloride
* interim regulatory level
LEVELS
0.50
0.50
0.03
100.0
6.0
200.0
200.0
200.0
7.5
0.50
0.70
0.13
0.008
0.5
0.13
3.0
200.0
2.0
100.0
5.0
0.7
0.5
400.0
2.0
0.20
mg/1
mg/l
mg/1
mg/l
njg/1
mg/l
mg/l
mg/l
mg/l
mg/l
mg/l
mg/l
mg/l
mg/l
mg/l
mg/l
mg/l
mg/l
mg/l*
mg/l
mg/l
mg/l
mg/l
mg/l
mg/l
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Q2. What are the major provisions of the nt:w TC rule?
A. The I'inal TC rule adds 25 organic chemicals to the
list of waste constituents which, if present in waste at
or above the regulatory levels set in the rule (see
Highlight I), make the waste a hazardous waste,
These 25 chemicals have been added to the 8 metals
and f> pesticides on the existing list of TC waste
constituents (sec Highlight 2). The TC rule also
announced that 13 additional chemicals may be
added to the TC list after EPA establishes their
regulatory levels. Finally, the new TC rule replaces
the Extraction Procedures (EP) with another test for
determining toxidity (for both the new and existing
chemicals regulated for the characteristic of loxicity).
The new test is called the Toxicity Characteristics
Leaching Procedure (TCLP). The impetus behind
the development of the TCLP was the need to
identify those wastes that are likely to leach
hazardous concentrations of organic compounds.
Note: To determine compliance with RCRA land
disposal regulations, the EP is still available for
wastes that are not considered! wastewater (i.e., for
soils and sludges that contain more than 1% total
suspended solids) and that contain either any
amount of lead, or arsenic when it is the primary
hazardous constituent (i.e., the highest constituent
concentration) in the waste (see section 3(e)(8) of
the final RCRA Third Third Rule, unpublished at
the lime of this printing).
Highlight 2: CHEMICALS ALREADY
REGULATED FOR
CHARACTERISTICS AND
REGULATORY
Arsenic
Barium
Cadmium
Chromium
Endrin
Lead
Lindanc •
Mercury
Methoxychlor
Selenium
Silver
Toxaphene
2,4-Dichloro-
phenoxycctic acid
TOXICITY
THEIR LEACHATE
LEVELS
5.0 mg/l
LOO.O mg/l
1.0 mg/l
5.0 mg/l
0.02 mg/l
5.0 mg/l
0.4 mg/l
0.2 mg/l
10.0 mg/l
1.0 mg/l
5.0 mg/l
0.5 mg/l
10.0- mg/l
2,4,5 -Trichloropheno-
xypropionic acid
1.0 mg/l
Q3. How docs; the new TC rule affect the regulatory
levels of the potential TC wastes already regulated?
A. The regulatory levels of the eight: metals and six
pesticides remain the same (see Highlight 2 for their
levels). These constituents must now be tested using
the TCLP to determine whether they exceed, their
regulatory levels. It is important to note that the
EP and the TCLP may produce different results;
wastes not hazardous under the EP may he
ha/ardous under the TCLP.
Q4. How does; the TCLP differ iiri approach from the EP
in identifying the loxicity characteristic?
A... The primary differences between the TCLP and the
EP are: (1) the TCLP uses two leaching media
where the medium is determined by the pH of the
'waste (there is no continual pH adjustment); (2) the
TCLP requires the waste to be ground or milled
(there is no structural integrity procedure); (3) the
TCLP requires a shorter extraction, time (18 hours
for the TCLP versus 24 hours for the EP); and (4)
the TCLP is easier to run. and the test results are
more easily reproduced.
Q5. What: is the current status of the TC rule as «
potential A.RAR for the Superfund program?
A. The TC rule was promulgated on March 29, 1990. It
became a potential ARAR for all decision documents
(i.e., RODs and action memoranda) signed after that
date. For actions carried out during; the interim
period prior to the effective date (i.e., September 25,
1990), the TC rule would not be applicable, but may
be relevant and appropriate,
Q6. How will the TC rule affect Superfund Records of
Decision (RODs) that have already been signed?
A. The NCP states that ARARs "freeze" at the time of
ROD signature. See 55 FR 8666, 87:57, Match 8,
1990, (to be codified at 40 CFR 300.430(0(l)(ii)(B)).
TC requirements were promulgated on March 29,
1990, and thus would not be ARARs for RODs
signed before that date. For such RODs, the TC
requirements are newly promulgated requirements,
and thus should be attained only when EPA
determines that, these requirements are ARARs, and
that they must be met for the remedy to be
protective. Newly promulgated or modified
requirements like the TC rule will be considered
during the 5-year review of the remedy, or sooner, if
appropriate, to determine whether the remedy is still
protective. Regions should review pre-TC rule
RODs to ensure that any on-site disposition, of
wastes still meets the standard of protectiveness.
(This issue will he discussed further in the
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forthcoming TC implementation Fact Sheet.) If
EPA determines during the remedy review that the
TC requirements must be attained, a ROD
amendment or Explanation ofSignificant Differences
(ESD) should be issued.. See 55 FR 8666, 8757
(March 8, 1990) (to be codified at 40 CFR.
300.430(0(1 }(")(B)).'
Q7. VV'ti:«t arc- .some |x>fenei:»l overall effects of the TC
rule on tlie Superfimd program?
A. Wastes containing any of the newly-regulated
chemical constituents in the TC rule may be subject:
lo RCRA regulations based on the toxiciiy
characteristic, regardless of the source of a particular
waste or whether the waste is a RCRA listed waste.
In addition, because the TC rule expands the list of
potential TC wastes that need to be evaluated for the
characteristic of toxiciiy, the amount of wastes
considered to be RCRA hazardous wastes at a
CERCLA. site will potentially expand. Once a waste
is considered to be a RCRA hazardous waste, other
RCRA requirements may be applicable or relevant
and appropriate, such as closure, minimum technology
disposal restrictions, and the land disposal restrictions.
In addition, remedial alternatives involving off-site
shipment of TC wastes must involve Subtitle C
facilities, rather than Subtitle D facilities.
NOTICE: The policies set out in this fact sheet arc
intended solely as guidance. They are not intended,
nor can they be relied upon, to create 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 an analysis of
specific site circumstances. The Agency also reserves
the right to change this guidance at any lime without
public notice.
In the near future, OERR will issue another Fact Sheet that discusses technical issues that may arise during the
implementation of the TC rule at Superfund .sites. The TC implementation Fact Sheet will, be Part-II to this
ARARs Q's & A's Fact Sheet on the TC rule.
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