United States
                               Environmental Protection
                               Agency
   Office of
   Solid Waste and
   Emergency Response
Superfund Publication:
9347.3-08FS
October 1990
                               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 wheneverpossible (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 Treatability 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 inHighlight
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., ignitability, corrosivity, reactivity, ortoxicity). EPA set treatment
standards for the characteristic wastes both as 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/1 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 THRID RULE
  Technology
    Waste Code1
  All
  Vitrification
All scheduled mixed
hazardous/radioactive wastes and
D004-D011 inorganic solid debris
  Combustion of
  Sludge/Solids

  Acid Leaching and
  Chemical Precipitation
  (low mercury) and mercury
  retorting (high mercury)

  Secondary Smelting

  Thermal Recovery
  Incineration, vitrification,
  and mercury retorting
D004
K031
K084
K101
K102
P010

F039"
D009
K106
P065
P011
P012
P036
P038
U136
K048-K052C
P092
U151
D008d

P087 (wastewater and
nonwastewater)

Soil and
Debris
  1  Variances are granted only to the nonwastewater forms, unless
    otherwise noted.
  b Multi-source leachate.
  c 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
D012
D013
0014
D015
D016
D017
Name
Endrin
Lindane
Methoxychlor
Toxaphene
2,4-D
2,4,5-TP
LDR Treatment
Standard (mg/1)
(total waste)
0.13
0.066
0.18
1.3
10.0
7.9
EP
Toxicity/TC
Level (mg/1)*
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 forFOOl 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
                                #  D006 Cadmium
                                   - Wasterwaters
                                   - Nonwastewaters
                                   - Cadmium Batteries
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 liguids
     — aqueous liquids
     — wastewaters
   - Ignitable reactives
   -Oxidizers                    # D007 Chromium
   - Ignitable compressed            - Wastewaters
    gases                         - Nonwastewaters
                                 - Chromium Bricks
#  D002 Corrosives                - Chromium Batteries
   - Acids
   - Alkalines
   - Other corrosives


#  D003 Reactives
   - Reactive cyanides
   - Explosives
   - Water reactives
   - Reactive sulfides
   - Other reactives


Note: Those characteristics wastes not listed here have wastewater and
nonwastewater categories treatability groups only.
                                #  DOOSLead
                                   - Wastewaters
                                   - Nonwastewaters
                                   - Lead-Acid 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
                                    Total Concentration*
                                          (mg/1)
                                         0.28
                                         0.059
                                         0.059
                                         0.17
                                         0.010
                                                                      Nonwastewater
                                                                      Acetone
                                                                      Acenaphthalene
                                                                      Acenaphthene
                                                                      Acetophenone
                                   Total Concentration*
                                         (mg/kg)
                                          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
granted 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 50 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 AppendixIV); 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
listPCBs and dioxin-containing wastes must be incinerated according
to the applicable standards for those wastes.

DILUTION PROHIBITION

   In  the Third Third rule,  EPA reaffirmed the existing dilution
prohibition contained in 40 CFR 268.3 forRCRA 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 properly 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
aggre gated. 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 are 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 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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