mmI im*.
United States
Environmental Protection
Agency	
Office of
Solid Waste and
Emergency Response
Superfund Publication:
9347.3-06BFS
September 1990	
Quick Reference Fact Sheet
Superfund LDR Guide #6B
Obtaining a Soil and Debris
Treatability Variance for
Removal Actions
Office of Emergency and Remedial Response
Hazardous Site Control Division
The Office of Emergency and Remedial Response (OERR) issued a series of Superfund LDR Guides in July and
December of 1989. This series included: Overview of RCRA Land Disposal Restrictions (LDRs) (Superfund LDR Guide
#1); Complying with the California List Restrictions (Superfund LDR Guide #2); Treatment Standards and Minimum
Technology Requirements Under the LDRs (Superfund LDR Guide #3); Complying with the Hammer Restrictions Under
the LDRs (Superfund LDR Guide #4); Determining When the LDRs are Applicable to CERCLA Responses (Superfund
LDR Guide #5); Obtaining a Soil and Debris Treatability Variance for Remedial (Superfund LDR Guide #6A) and
Removal (Superfund LDR Guide #6B) Actions; and Determining When the LDRs are Relevant and Appropriate to
CERCLA Responses (Superfund LDR Guide #7). Since the issuance of these guides, the Environmental Protection Agency,
with cooperation from outside parties (eg., environmental groups, industry representatives), has conducted an analysis of the
potentialimpacts associated with applying the LDR treatment standards to Superfund and RCRA Corrective Action cleanups.
As a result of these analyses, it was decided that the Agency will promulgate a third set of treatment standards (in addition
to the wastewater and nonwastewater categories currently in effect) specifically for soil and debris wastes. In the interim,
there is the presumption that CERCLA response actions involving the placement of soil and debris contaminated with RCRA
restricted wastes will utilize a Treatability Variance to comply with the LDRs and that, under these variances, the treatment
levels outlined in Superfund LDR Guide #6B will serve as alternative "treatment standards" for removal actions. This guide
has been prepared to outline the process for obtaining and complying with a Treatability Variance for soil and
debris that are contaminated with RCRA hazardous wastes until such time that the Agency promulgates treatment
standards for soil and debris.
BASIS FOR A TREATABILITY VARIANCE
When promulgating the LDR treatment standards, the
Agency recognized that treatment of wastes to the
treatment standards established using the best
demonstrated available technology (BDAT) would not
always be possible or appropriate (RCRA §268.44). In
addition, the Agency recognized the importance of ensuring
that the LDRs do not unnecessarily restrict the
development and use of alternative and innovative
treatment technologies for remediating hazardous waste
sites. Therefore, a Treatability Variance process is
available to comply with the LDRs when a Superfund
waste differs significantly from the waste used to set the
LDR treatment standard such that:
#	The LDR standard cannot be met; or
#	The BDAT used to set the standard is
inappropriate for the waste.
Highlight 1: SOIL AND DEBRIS
Soil. Soil is defined as materials that are primarily of
geologic origin such as sand, silt, loam, or clay, that are
indigenous to the natural geologic environment at or
near the CERCLA site. (In many cases, soil is mixed
with liquids, sludges, and/or debris.)
Debris. Debris is defined as materials that are
primarily non-geologic in origin, such as grass, trees,
stumps, and manmade materials such as concrete,
clothing, partially buried whole or empty drums,
capacitors, and other synthetic manufactured materials,
such as liners. (It does not include synthetic organic
chemicals, but may include materials contaminated with
these chemicals).
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During on-site removal actions, on-scene coordinators
(OSCs) must comply with the LDRs if the LDRs are
ARARs and compliance with the LDRs is practicable. For
removals involving offsite deposition, OSCs must simply
determine if the LDRs are applicable. When managing
restricted soil and debris wastes (see Highlight 1), it is
presumed that OSCs will comply with the LDRs through
a Treatability Variance because, except for the dioxin
standards which are based on treating contaminated soil,
the LDR treatment standards are based on treating less
complex matrices of industrial process wastes. A
Treatability Variance does not remove the requirement to
treat restricted soil and debris wastes. Rather, under a
Variance, an OSC selects alternate treatment levels the
Agency has established, which are based on data from
actual treatment of soil or best management practices for
debris.
COMPLYING WITH A TREATABILITY
VARIANCE FOR SOIL AND DEBRIS WASTES
Soils
Once the OSCs have identified the RCRA waste
codes present at the site, the next step is to identify the
BDAT constituents requiring control and to divide these
constituents into one of the structural/functional groups
shown in column 1 of Highlight 2. After dividing the
BDAT constituents into their respective
structural/functional groups, the next step is to compare the
concentration of each constituent with the threshold
concentration (see column 3 of Highlight 2) and to select
the appropriate concentration level or percent reduction
range. If the concentration of the restricted constituent is
less than the threshold concentration, the waste should be
treated to
Structural
Concentration
Threshold
Percent
Technologies that achieved
Functional
Range
Concentration
Reduction
recommended effluent
Groups
(ppm)
(ppm)
Range
concentration guidance**
ORGANICS
Total Waste
Total Waste


Analysis/*
Analysis/*


Halogenated




Non-Polar
0.5-10
100
90 - 99.9
Biological Treatment, Low Temp. Stripping, Soil
Aromatics



Washing, Thermal Destruction
Dioxins
0.00001 - 0.05
0.5
90 - 99.9
Dechlorination, Soil Washing, Thermal Destruction
PCBs
0.1 -10
100
90 - 99.9
Biological Treatment, Dechlorination, Soil Washing,
Thermal Destruction
Herbicides
0.002 - 0.02
0.2
90 - 99.9
Thermal Destruction
Halogenated Phenols
0.5 - 40
400
90-99
Biological Treatment, Low Temp. Stripping, Soil
Washing, Thermal Destruction
Halogenated
0.5-2
40
95 - 99.9
Biological Treatment, Low Temp. Stripping, Soil
Aliphatics



Washing, Thermal Destruction
Halogenated Cyclics
0.5 - 20
200
90 - 99.9
Thermal Destruction
Nitrated Aromatics
2.5-10
10,000
99.9 - 99.99
Biological Treatment, Soil Washing
Thermal Destruction
Heterocyclics
0.5 - 20
200
90 - 99.9
Biological Treatment, Low Temp. Stripping, Soil
Washing, Thermal Destruction
Polynuclear
0.5 - 20
400
95-99
Biological Treatment, Low Temp. Stripping, Soil
Aromatics



Washing, Thermal Destruction
Other Polar
0.5-10
100
90-99
Biological Treatment, Low Temp. Stripping, Soil
Organics



Washing, Thermal Destruction
INORGANICS
TCLP
TCLP


Antimony
0.1 -0.2
2
90-99
Immobilization
Arsenic
0.30 - 1
10
90 - 99.9
Immobilization, Soil Washing
Barium
0.1 -40
400
90-99
Immobilization
Chromium
0.5-6
120
95 - 99.9
Immobilization, Soil Washing
Nickel
0.5-1
20
95 - 99.9
Immobilization, Soil Washing
Selenium
0.005
0.05
90-99
Immobilization
Vanadium
O
CM
I
CM
O
200
90-99
Immobilization
Cadmium
0.2-2
40
95 - 99.9
Immobilization, Soil Washing
Lead
0.1 -3
300
99 - 99.9
Immobilization, Soil Washing
Mercury
0.0002 - 0.008
0.08
90-99
Immobilization
* TCLP also may be used when evaluating waste In which organics are not a principal constituent that have been treated through an
immobilization process.
** Other technologies may be used iftreatability studies or other information indicates that they can achieve the necessary concentration
percent-reduction range.
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Highlight 2: ALTERNATE TREATABILITY VARIANCE LEVELS AND
TECHNOLOGIES FOR STRUCTURAL/FUNCTIONAL GROUPS

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within the concentration range. If the waste concentration
is above the threshold, the waste should be treated to
reduce the concentration of the waste to within the
specified percent reduction range. Once the appropriate
treatment range is selected, the third step is to identify and
select a specific technology that can achieve the necessary
concentration or percent reduction. Column 5 of Highlight
2 lists technologies that (based on existing performance
data) can attain the alternative Treatability Variance levels.
For on-site actions, during the implementation of the
selected treatment technology, periodic analysis using the
appropriate testing procedure (i.e., total waste analysis for
organics and TCLP for inorganics) will be required to
ensure that the alternate treatment levels for the BDAT
constituents requiring control are being attained, and thus,
can be land-disposed without further treatment.
Because of the variable and uncertain characteristics
associated with unexcavated wastes, from which only
sampling data are available, treatment systems generally
should be designed to achieve the more stringent end of the
treatment range (e.g., 0.5 for chromium, see column 2 of
Highlight 2) to ensure that the treatment residuals
from the most contaminated portions of the waste fall
below the "no exceedance" levels (e.g., 6.0 ppm.
for chromium). Should data indicate that the treatment
levels set through the Treatability Variance are not being
attained (i.e., treatment residuals are greater than the "no
exceedance" level), OSCs should consult with the
Response Operations Branch at Headquarters.
Debris Wastes
OSCs should use the same process described above
for obtaining a Treatability Variance for types of debris
that are able to be treated to the alternate treatment levels
(e.g., paper, plastic). However, for most types of debris
(e.g., concrete, steel pipes), which generally cannot be
treated, OSCs should use best management practices.
Depending on the specific characteristics of the debris,
these practices may include decontamination (e.g., triple
rinsing) or destruction.
OBTAINING A TREATABILITY VARIANCE FOR
SOIL AND DEBRIS WASTES
Once it is determined that a CERCLA waste is a soil
or debris, and that a Treatability Variance will be
necessary (i.e., the LDRs are applicable and
practicable for the removal action addressing soil
and debris wastes, and there is a reasonable doubt
that the LDR treatment standards can be met
consistently for all the wastes), OSCs should
Highlight 3 - INFORMATION TO BE INCLUDED IN A TREATABILITY VARIANCE
ACTION MEMORANDUM AND EE/CA TO OBTAIN A SOIL AND DEBRIS TREATABILITY VARIANCE
DURING CERCLA REMOVAL ACTIONS
Information to be included in a Treatability Variance Memorandum and EE/CA for a soil and debris Treatability Variance during
on-site and off-site removal actions is listed below. For off-site Treatability Variances, the complete list of documentation
requirements should be combined and submitted as a separate document.
ON-SITE AND OFF-SITE
#	Description of the soil or debris waste and the source of the contamination;
#	Description of the Proposed Action (e.g., "excavation, treatment, and off-site disposal");
#	Intent to comply with the LDRs through a Treatability Variance; and
#	For the selected removal action (emergency and time-critical) or for each alternative for which a Treatability Variance is
required (non-time-critical removals), the specific treatment level range to be achieved (see Highlight 2 to determine these
treatment levels and Highlight 7 for an example of the variance process).
OFF-SITE ONLY
#	Petitioner's name and address and identification of an authorized contact person (if different); and
#	Statement of petitioner's interest in obtaining a Treatability Variance.
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initiate the process of obtaining a Treatability Variance.
In general, for on-site removal actions, the Treatability
Variance will be in the form of a memorandum attached to
the Action Memorandum that documents the removal
action to be taken. This attachment should include the
necessary information to justify the need for a Treatability
Variance (see Highlight 3). Treatability Variances for
on-site removal actions are approved by Regional
Administrators or their designees.
For off-site removal actions, an OSC must submit to
Headquarters a formal Treatability Variance petition
complying with the requirements of 40 CFR 268.44 for
site-specific variances. Because most removal actions
involve off-site actions, OSCs will generally have to
prepare formal Treatability Variance petitions. The process
also should include local notice and an opportunity for the
public to comment, consistent with the NCP administrative
record requirements in 40 CFR 300.820.
Processes for obtaining a Treatability Variance depend
upon the type of removal action. These actions are
classified according to the expediency required in a given
situation: (1) emergency, (2) time-critical, and (3)
non-time-critical. The process for obtaining a Treatability
Variance for each of these removal actions is described
below. Each of these actions are defined in the NCP (55
FR 8666, March 8, 1990).
Emergency and Time-Critical Actions
There is no formal procedure for identifying and
analyzing alternatives for emergency and timecritical
removal actions. Because of the need for a quick response
to a release, the removal action selection process may
occur at different stages of these removals, depending on
the threats present.
Generally, a request for a Treatability Variance is a
memorandum attached to the Action Memorandum.
During emergency and some timecritical responses,
however, there may not be sufficient information available
about the need for a Treatability Variance when the Action
Memorandum is signed. In those cases, the request for a
Treatability Variance should be a memorandum (or formal
petition, for off-site actions) that amends the Action
Memorandum. Sample language for this Action
Memorandum is provided in Highlight 4. In all cases, the
Treatability Variance memorandum should be from the
OSC to Regional Administrators or their
Highlight 4 - SAMPLE LANGUAGE FOR
THE ACTION MEMORANDUM
Because existing and available data do not
demonstrate that the full-scale operation of this
treatment technology can attain the LDR treatment
standards consistently for all soil or debris wastes
to be addressed by this action, this selected
removal alternative will comply with the LDRs
through a Treatability Variance. The treatment
level range established through a Treatability
Variance and achieved through [specify
technololgy] will attain the Agency's interim
"treatment levels/ranges" for each constituent
restricted at the site.
designee who has the authority to approve Action
Memoranda. Public comment on the Treatability Variance
should be solicited, whenever possible, given the urgency
of the situation, in accordance with the administrative
record and public participation procedures described in the
NCP (40 CFR 300.820).
Non-Time-Critical Actions
For these actions, sufficient lead-time is generally
available to conduct a more detailed analysis of alternatives
before the Action Memorandum is signed. The process by
which alternatives are analyzed is described through the
Highlight 5 - SAMPLE LANGUAGE FOR THE
EE/CA
Description of Alternatives:
This removal alternative will comply with the LDRs
through a Treatability Variance under 40 CFR
268 44. This Variance will result in the use of
[specify technology] to attain the Agency's interim
"treatment levels/ranges "for the contaminated soil
at the site.
Evaluation of Alternatives:
The LDRs are applicable and can be practicably
met for [Enter number] of [Enter total number of
alternatives] removal alternatives being
considered. [Enter number] of the [Enter total
number of alternatives] alternatives would comply
with the LDRs through a Treatability Variance.
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steps of the Engineering Evaluation/Cost Analysis
(EE/CA) process. Sample language for the EE/CA is
provided in Highlight 5. The EE/CA process includes
gathering information that will aid in determining whether
an LDR requirement is applicable and selecting a
recommended action. The EE/CA process is similar to the
RI/FS process and generally includes six steps:
#	Site characterization;
#	Identification of removal action objectives;
#	Identification of removal action alternatives;
#	Analysis of removal action alternatives;
#	Comparative analysis of removal action
alternatives; and
#	Recommendation of removal action alternative.
For non-time-critical removals, the information to
justify a Treatability Variance should be included in a
memorandum attached to the EE/CA. Public comments on
the Treatability Variance should be solicited for a period of
at least 30 days when the EE/CA is made available, in
accordance with the administrative record requirements in
the NCP (40 CFR 300.820).
SUMMARY
Because of the important role the LDRs may play in
Superfund removals, OSCs need to incorporate early in the
removal process the necessary investigative and analytical
procedures to determine if the LDRs are ARARs for
on-site removal alternatives that involve the "placement"
of wastes, and if compliance with the LDRs is practicable.
When the LDRs are ARARs and compliance is
practicable (or for off-site actions, when LDRs are
applicable), OSCs should determine if treatment processes
can attain either the LDR treatment standards or the
alternate levels that would be established under a
Treatability Variance.
Once removal alternatives are identified, OSCs should
determine if alternatives involve placement of restricted
RCRA wastes, and if so, identify the BDAT constituents
requiring control. Next, OSCs should evaluate those
alternatives that involve treatment and placement of
restricted RCRA hazardous wastes to ensure the
technology process(es) will attain the appropriate treatment
levels (i.e., either the LDR treatment standard or
Treatability Variance alternate treatment levels for
restricted RCRA hazardous wastes), and, in accordance
with Superfund goals, reductions of 90 percent or greater
for Superfund primary contaminants of concern). If a
Treatability Variance is necessary, a request for a
Variance must be made in the Action Memorandum (or in
an amendment to the Action Memorandum) and EE/CA
Report, and public comment solicited. The results of these
evaluations are also documented in the Action
Memorandum and EE/CA Report. The integration of the
LDRs into the removal actions is illustrated in Highlight
6. An example of the process for complying with a
Treatability Variance for contaminated soil and debris is
presented in Highlight 7.
Highlight 6: LDRs IN THE REMOVAL PROCESS
Determine nature
and extent of site
contamination
Develop removal
alternatives for
the site
Determine if LDRs
are ARARs for
removal alternatives
Determine If tech-
nology^*) will
attain LDR treat-
ment standards or
Treatability
Variance alternative
treatment levels

Implement
remedy and
attain LDR
treatment standards

OR

Obtain Treatability
Variance and Implement
remedy to attain
alternative treatment
levels

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Highlight 7: IDENTIFICATION OF TREATMENT LEVELS FOR A TREATABILITY VARIANCE
As part of the removal investigation, it has been determined that soils in one location at a site contain F006 wastes and cresols (which site records indicate
were an F004 waste). Arsenic, which was determined to be a characteristic RCRA hazardous waste, also was found in soils at a separate location. Cadmium,
chromium, lead, and arsenic were identified as contaminants found in the highest concentrations. The concentration range of all of the constituents found
at the site included:
Constituent
Total Concentration
(mg/kg)	
TCLP
(mg/1)
Constituent
Total Concentration
(mg/kg)	
TCLP
(mg/1)
Cadmium
Chromium
Cyanides
Lead
2,270 - 16,200
3,160 - 4,390
80 - 150
500 - 625
120 - 146
30 - 56
1 - 16
2 - 12.5
Nickel
Silver
Cresols
Arsenic
100 - 140
1 - 3
50 - 600
800 - 1,900
1 - 6.5
.25 - 4
3 - 9
Four remedial alternatives are being considered: (1) Low temperature thermal stripping of soil contaminated with cresols followed by immobilization of
the ash; (2) Immobilization of the soil in a mobile unit; (3) In-situ immobilization; and (4) Capping of wastes. Each of these alternatives must be evaluated to
determine if they will result in significant reduction of the toxicity, mobility, or volume of the waste; whether "placement" occurs; and, if "placement" occurs,
whether the treatment will attain the alternative treatment levels established through a Treatability Variance for the BDAT constituents requiring control.
STEP 1: IDENTIFY THE RESTRICTED CONSTITUENTS
# Because F006 and F004 wastes have been identified in soils at the site, the Superfund site manager must meet alternate treatment levels established through
a Treatability Variance for the BDAT constituents. These constituents are: Cadmium, Chromium, Lead, Nickel, Silver, and Cyanide for F006 and
Cresols for F004.
AND DIVIDE THE CONSTITUENTS INTO THEIR STRUCTURAL/FUNCTIONAL GROUPS (see Highlight 2):
#	All of the F006 constituents are in the Inorganics structural/functional group.
#	Cresols are in the Other Polar Organic Compounds structural/functional group.
#	The action should result in the effective reduction (i.e., at least 90 percent) of all primary constituents of concern (i.e., Cadmium, Chromium, Lead,
and Arsenic!
STEP 2: COMPARE THE CONCENTRATION THRESHOLD FOUND IN HIGHLIGHT 2 TO THE CONCENTRATIONS FOUND AT THE SITE
AND CHOOSE EITHER THE CONCENTRATION LEVEL RANGE OR PERCENT REDUCTION RANGE FOR EACH RESTRICTED
CONSTITUENT.
Constituent
Site
Concentration
120 - 146 ppm
30 - 56 ppm
2 - 12.5 ppm
1-6.5 ppm
50 - 600 ppm
.25 - 4ppm
3 - 9 ppm
Threshold
Concentration
Appropriate Range
Concentration Percent Reduction
Range to be achieved
(compliance analysis)
Cadmium
Chromium
Lead
Nickel
Cresols
Cresols (TCLP)
Arsenic
>	40 ppm
<	120 ppm
<	300 ppm
<	20 ppm
>	100 ppm
<	10 ppm
X
X
X
X
X
X
X
95-99.9 Percent Reduction (TCLP)
0.5 - 6 ppm (TCLP)
0.1 - 3 ppm (TCLP)
0.5 - 1 ppm (TCLP)
90-99 Percent Reduction (TCLP)
0.27 - 1 ppm (TCLP)
STEP 3: IDENTIFY TREATMENT TECHNOLOGIES THAT MEET THE TREATMENT RANGES.
#	Highlight 2 lists the technologies that achieved the alternate treatment levels for each structural/functional group.
#	Because cresols are present in relatively low concentrations (assumed for the purposes of this example), a TCLP may be used to determine if
immobilization results in a sufficient reduction of mobility of this restricted RCRA hazardous waste. (Measures to address any volatilization of organics
during immobilization processes will be necessary.)
#	Immobilization also will result in the reduction in leachability (i.e., at least 90 percent) of arsenic, a Superfund primary contaminant of concern.
Alternative
Effective Reduction
of Toxicity, Mobilitv, Volume?
"Placement?"
Meet Treatability Variance
Alternate Levels?
1. Low temperature stripping/



Immobilization
Yes
Yes
Yes
2. Immobilization in mobile unit
Yes
Yes
Yes
3. In-situ immobilization
Yes (Mobility)
No (LDRs not ARARs)
—
STEP 4: PREPARE ACTION MEMORANDUM OR EE/CE REPORT
# Highlight 4 provides sample language for the Action Memorandum and Highlight 5 provides the sample language for the EE/CA to present the intent
to comply with the LDRs through a Treatability Variance.
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