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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