CERCLA section 121(d)(2) requires that Superfund response actions comply with other environmental laws that are
applicable or relevant and appropriate requirements (ARARs). A potential ARAR for CERCLA responses is the Resource
Conservation and Recovery Act (RCRA) land disposal restrictions (LDRs) established under the Hazardous and Solid Waste
Amendments (HSWA). The LDRs prohibit the land disposal of restricted RCRA hazardous wastes unless these wastes meet
treatment standards specified in 40 CFR Part 268, meet the minimum technology requirements during a national treatment
capacity extension, or satisfy the requirements of one of the other available compliance options (i.e., Treatability Variance,
Equivalent Treatment Method Petition, No Migration Petition, or Delisting). This guide summarizes the types and effective
dates of treatment standards and outlines how to comply with the treatment standards and the minimum
technology requirements set during national capacity extensions. More detailed guidance on Superfund compliance
with the LDRs is being prepared by the Office of Solid Waste and Emergency Response (OSWER).

United States	Office of	Directive: 9347.3-03FS
Environment Protection	Solid Waste and	July 1989
Agency	Emergency Response
Superfund LDR Guide #3
Treatment Standards and
Minimum Technology
Requirements Under Land
Disposal Restrictions (LDRs)
TYPES OF TREATMENT STANDARDS
EPA has established treatment standards under the LDRs
on the basis of the best demonstrated available technology
(BDAT) rather than risk-based or health-based standards.
"Best" is defined as that technology which offers the
greatest reduction (based on a statistical analysis) of toxicity,
mobility, or volume of the waste. To be "demonstrated." a
treatment technology must be demonstrated to work at a full-
scale level (i.e., technologies available only on a pilot-or
bench-scale are not considered demonstrated). To be
"available." a treatment technology must be commercially
available.
Within this framework, the Agency has established three
types of LDR treatment standards:
#	Concentration levels ~ which must be attained before the
wastes or treatment residuals may be land disposed;
#	Specified technologies ~ which must be applied to the
waste before the residuals may be land disposed; and
#	No land disposal ~ which prohibits land disposal of
certain restricted hazardous wastes.
Concentration Levels
The majority of the LDR treatment standards
promulgated to date are concentration levels. For wastes with
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treatment standards expressed as concentrations, any
technology that can achieve the required levels may be used
unless the technology is otherwise prohibited (i.e., the BDAT
used by EPA to set the standards need not be used).
To establish a concentration level(s) for a specific waste
code (e.g., K062), the Agency selects a subset of the
hazardous constituents found in the waste (known as "BDAT
constituents") and sets treatment standards for each of these
constituents. Although these wastes may contain additional
constituents, only the treatment standards for the "BDAT
constituents" must be met before the wastes can be land
disposed. The residues from treatment of an originally listed
waste (e.g., ash, scrubber water) are also listed RCRA
hazardous wastes (because of the "derived from" rule), and
therefore, also are prohibited from land disposal unless they
meet treatment standards for the waste code(s) of the original
listed waste(s) from which they derive.
EPA has promulgated separate standards for wastewaters
and nonwastewaters for treatment standards expressed as
concentration levels. For LDRs, wastewaters normally are
defined as wastes containing less than one percent total
organic carbon (TOC) and less than one percent total
suspended solids. All other materials (including soil and
debris) are classified as nonwastewaters, except for
F001-F005 wastes, for which only the TOC is used to define
wastewaters.
Concentrations of BDAT constituents in solid
residues from treatment must not exceed the

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nonwastewater concentrations. Similarly, the concentration
of BDAT constituents in wastewaters from treatment (e.g.,
incineration scrubber water) must not exceed the wastewater
concentrations. Highlight 1 provides an example of
standards expressed as concentration levels for K062 waste.
Highlight 1 - TREATMENT

STANDARDS FOR K062 WASTE


Treatment Standard
Constituent
Total Waste
TCLP-
(mg/kg)
(mg/1)
Nonwastewater


Total Chromium
NA
0.094
Lead
NA
0.37
Wastewater


Total Chromium
0.32
NA
Nickel
0.44
NA
Lead
0.04
NA
• K062 waste is spent pickle liquor generated by the steel
finishing operations of facilities whin the
iron and steel
industry.


Specified Technologies
If a treatment standard is promulgated as a specified
technology, that technology must be used to treat the waste
unless an Equivalent Treatment Method Petition is approved
by the Administrator. To be granted, such a petition must
demonstrate that the alternative technology achieves an
equivalent measure of performance. For example, the Agency
has set the treatment standard for California list PCB wastes
containing greater than 500 ppm PCBs as thermal
destruction. These wastes must be incinerated to 99.9999
percent destruction and removal efficiency (DRE) under the
LDRs before the ash from treatment may be land disposed
unless a Petition allowing an equivalent treatment method is
granted.
No Land Disposal
EPA sets a standard of no land disposal when, after
examining available data, the Agency has determined that: the
waste can be totally recycled (e.g., on-site, closed loop
recycling); the waste is not currently being land disposed; the
waste is no longer generated; or no residuals are anticipated
from the use of the BDAT.
Although certain wastes may no longer be generated or
land disposed, these wastes may still be found at Superfund
sites. EPA has amended most of these waste codes,
however, to apply only to wastes generated from the process
described in the listing description and disposed of after the
effective date of the prohibition (see 54 FR 18836, May 2,
1989). Therefore, CERCLA wastes ordinarily would not be
subject to these standards.
COMPLYING WITH I I) R TREATMENT STANDARDS
There are two types of tests for evaluating compliance
that may be required, depending on how the treatment
standards are promulgated: the Total Waste Analysis
(TWA) measures the total concentration levels of the
hazardous constituents in the waste or treatment residuals;
and the Toxicity Characteristic Leaching Procedure
(TCLP) measures concentration levels in the waste extract as
a result of the TCLP test.
The TWA test generally is used for organic constituents
when a removal or destruction technology is the BDAT. The
TCLP generally is used for inorganics when an
immobilization BDAT is the basis for the standard. However,
the TCLP is also used for the solvent- and dioxin-containing
waste LDR treatment standards and TWA is used for metals
when BDAT is based on metals recovery. Site managers
(OSCs and RPMs for on-site treatment and disposal actions)
or treatment facilities (for off-site disposal actions) must test
wastes after treatment and before land disposal to determine
if the LDR treatment standards are met.
TREATMENT STANDARDS IN EFFECT FOR RCRA
HAZARDOUS WASTES
Once a determination that the LDRs are ARARs has been
made (see Superfund LDR guide #5), site managers must
determine which of the specific LDR restrictions are in effect
for their waste(s) of concern. If the Agency has promulgated
a treatment standard for a restricted RCRA hazardous waste,
either the LDR treatment standards or the minimum
technology requirements will be in effect. If EPA has not set
a treatment standard for a restricted RCRA hazardous waste,
either the soft or hard hammer provisions will be in effect
(see Superfund LDR Guide #4). The Agency has
promulgated treatment standards for the following wastes:
Solvent-Containing RCRA Hazardous Waste
For solvent-containing RCRA hazardous wastes
(F001-F005), EPA has promulgated treatment standards
expressed as concentration levels. Unlike most of the
treatment standards for wastes containing organic
constituents, the standards for the F001-F005 wastes are
expressed as TCLP concentrations (40 CFR 268.41).
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Dioxin-Containing RCRA Hazardous Wastes
Dioxin-containing wastes (F020-F023 and F026-F028),
include chlorinated dibenzo-p-dioxins (CDDs), chlorinated
dibenzofurans (CDFs), and chlorophenols. The treatment
standards expressed as concentration levels are based on
incineration of contaminated soil. Because current analytical
methods cannot measure the concentration levels attainable
by the BDAT, EPA set the treatment standards at the
practical detection limits (i.e., 1 ppb) for most wastes. These
standards are also based on a TCLP analysis (40 CFR
268.41).
Although the LDR treatment standards for dioxin-
containing wastes are concentration levels, the dioxin-listing
rule (50 FR 1978) requires special management standards for
certain types of units:
#	Incineration in accordance with 40 CFR 264.343 and 40
CFR 265.352;
#	Thermal treatment to 99.9999 percent DRE in
accordance with 40 CFR 265.383; or
#	Tank treatment, in accordance with 40 CFR 264.200.
Highlight 2 describes the LDR restrictions in effect for
solvent- and dioxin-containing RCRA hazardous wastes.
California List Hazardous Wastes
The California list rule established specified technologies as
the treatment standards for certain California list wastes.
Specifically, California list PCB and halogenated organic
compound (HOC) wastes (except dilute HOC wastewaters)
must be incinerated or burned in high-efficiency boilers or
industrial furnaces. Highlight 3 provides the LDR
restrictions in effect for California list wastes.
First Third Wastes
The First Third scheduled wastes include those listed
wastes that are intrinsically hazardous or are high-volume
wastes. EPA promulgated treatment standards expressed as
concentration levels and no land disposal based on TWA and
TCLP for certain First Third wastes on August 17, 1988.
First Third wastes that do not have promulgated treatment
standards are restricted under the "soft hammer" provisions.
Highlight 4 describes the LDR restrictions in effect for
certain First Third wastes for which the Agency has set
treatment standards.
MINIMUM TECHNOLOGY REQUIREMENTS THAT APPLY
DURING A NATIONAL CAPACITY EXTENSION
If during the promulgation of treatment standards the
Agency determines that insufficient treatment capacity exists,
the Agency may grant a national capacity extension for a
period of up to two years. During the extension period, if
wastes are to be land disposed in surface impoundments or
landfills, the units must comply with the RCRA Subtitle C
minimum technology requirements (i.e., double liner, leachate
collection system, and ground-water monitoring) under
RCRA 3005(j)(2) or (j)(4) or the receiving units must have
a retrofitting waiver under RCRA 3004(o)(2) or 3005(j) to be
considered equivalent to the minimum technology
requirements.
Highlight 2 - EFFECTIVE DATES AND LDR RESTRICTIONS FOR SOLVENTS AND DIOXINS
TYPE OF RESTRICTED
RCRA HAZARDOUS WASTE
TREATMENT STANDARD
EFFECTIVE DATE
LDR RESTRICTIONS IN EFFECT
AS OF NOVEMBER 8,1998
F001 to F005 (spent solvent-
containing wastes)
November 8, 1986
or November 8, 1988*
Treatment standards as concentration levels
(TCLP)
F020 to F023, F026 to F028
(dioxin-containing wastes)
November 8, 1988
Treatment standards as concentration levels
(TCLP)
Soil and debris
contaminated with solvent/dioxin
NOT from CERCLA/RCRA corrective
actions
November 8, 1988
Treatment standards as concentration level
(TCLP)
Soil and debris contaminated
with solvent/dioxin from
CERCLA/RCRA corrective actions
November 8, 1990
Minimum technology requirements if disposed
of in landfill or surface impoundment
* Soil and debris contained with
solvent-containing wastes became
solvent-containing wastes were granted a
restricted on November 8, 1986.
statutory two-year extension to November 8, 1988. All other
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Highlight 3 - EFFECTIVE DATES AND LDR RESTRICTIONS FOR CALIFORNIA LIST WASTES a
TYPE OF RESTRICTED TREATMENT STANDARD
RCRA HAZARDOUS WASTE EFFECTIVE DATE
LDR RESTRICTIONS IN EFFECT
AS OF NOVEMBER 8, 1998
California list PCBs July 8, 1987
Treatment standards as specified
technology(ies)
Liquid and non-liquid HOCs November 8, 1988
Treatment standards as specified
technology(ies)
Soil and debris contaminated with Julv 8, 1989
HOC NOT from CERCLA/RCRA
corrective actions
Minimum technology requirements if
disposed of in landfill or surface
impoundment
Soil and debris contaminated with November 8, 1990
HOCs from CERCLA/RCRA corrective
actions
Minimum technology requirements if
disposed of in landfill or surface
impoundment
a/ See Superfund LDR Guide #4 for soft and hard hammer restrictions in
effect for remaining California list wastes
National capacity extensions for several types of wastes
currently are in effect under the LDRs. For example, soil and
debris from CERCLA and RCRA corrective actions that are
contaminated with solvent, dioxin, and California list wastes
have received an extension until November 8, 1990. A]1 soil
and debris contaminated with First Third wastes for which
the BDAT
is based on solids incineration have received an extension
until August 8, 1990. Land disposal of wastes subject to
national capacity extensions in units other than surface
impoundments and landfills (e.g., waste piles, land treatment
units) is not subject to the minimum technology requirements
during such an extension.
Highlight 4 - EFFECTIVE DATES AND LDR RESTRICTIONS FOR CERTAIN FIRST THIRD WASTES 37
TYPE OF RESTRICTED
RCRA HAZARDOUS WASTE
TREATMENT STANDARD LDR RESTRICTIONS IN EFFECT
EFFECTIVE DATE AS OF NOVEMBER 8,1998
First Third wastes (not otherwise
accounted for)-7
August 8, 1988 Treatment standards as concentration levels (TWA
and TCLP) and (for a few waste codes) "no land
disposal"
Soil and debris contaminated with First
Third wastes for which BDAT is other than
solids incineration
August 8, 1988 Treatment standards as concentration levels (TWA
and TCLP) and "no land disposal"
Soil and debris contaminated with First
Third wastes for which BDAT is solids
incineration
August 8, 1990 Minimum technology requirements if disposed of in
landfill or surface impoundment
sJ See Superfund LDR Guide #4 for soft and hard hammer
restrictions in effect for First Third wastes.
- Except K048-K052 and K071, which were granted a two
-year extension until August 8, 1990.
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