3 EPA
U d
United StaMa	Office o*	Suc*ntr*3 Publication:
Environmental Protection	Solid Waste and	93*7,3-1 ifs
Agency	Emergency Reeponee	Oaocer igso
CERCLA Compliance
with the RCRA Toxicity
Characteristics (TC) Rule: Part n
Office at Emergency and Remedial Reeporiee
Hazardous SRe Control OMeiori 0S-220	Quick Reference Fact ShMi
CERCLA remedial actions most comply with the requirements of the Resource Conservation and
Recovery Act (RCRA) when they are determined to be applicable or relevant and appropriate requirements
(ARARs) unless a waiver is justified. For RCRA Subtitle C hazardous waste requirements to be applicable,
the CERCLA response action must constitute either treatment, storage, transport, or disposal of a RCRA
hazardous waste. Therefore, to make determinations about the applicability or relevance and appropriateness
of RCRA requirements, site managers need to understand how to identify whether a CERCLA waste is a
RCRA hazaidons waste (including when a waste exhibits the newly promulgated toxicity characteristics (TC)).
The purpose of this guide, the second dealing with the TC rule (see AXAMs Qt A As, Compiunct with Um
Toxicity Charwctmstia Jteie Pert /»May 199®, Publication 9234J-087S) Is to provide a general framework
for managing CERCLA wastes In accordance with the new requirements.
In order to ensure that all CERCLA response
actions comply with RCRA requirements that are
applicable or relevant and appropriate (including
removal actions when compliance is determined to
be practicable), site managers need to know
whether contamination at the Superfund site
includes RCRA hazardous wastes (see Highlight
I). In determining the presence of RCRA wastes
that are hazardous because they exhibit the
characteristic of toxicity, site managers must take
into account a new RCRA regulation, the Toxicity
Characteristic (TC) rule, which EPA promulgated
on March 29, 1990 and which takes effect on
September 25,1990.
\ THE TOXICnY CHARACTERISTIC RULE
The TC rule (55 FR 11798, March 29, 1990)
requires me of the toxicity characteristic leaching
procedure (TCLP) test in place of the extraction
procedure (EP) test to determine whether wastes-
exhibit the characteristic of toxicity. As with the
EP, site managers are not required to test their
wastes to determine if they exhibit the toxicity
characteristic; knowledge of the wastes may be
sufficient to make this determination [40 CFR
261.10(a)(2)(ii)). Specific knowledge of CERCLA
wastes will not he available at many Superfund
sites, however, so that testing may be necessary.
HifhUcht 1
TYPES OF RCRA HAZARDOUS WASTES
lined Wastes: Wastes from specific processes
or from specific or non-specific sources that EPA
Has listed* as RCRA hazardous wastes. These
wastes carry the waste codes *F, K, P or U." For
example:
K015 Still bottoms from the production of
benzyl chloride.
Characteristic Wastes. Wanes that exhibit say
one of four hazardous characteristics (these
wastes cany a *D* waste code):
•	Igmtabttty
•	CorroBvity
•	Reactivity
•	Tenacity
Note: A RCRA hazardous watte oust Gut be a
mM wane, witidi it defined by RCRA a*
aajr naicrtal '¥¦»* is 

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HliUighM
CHARACTERIZATION AND LDR COMPLIANCE Of 1CTIA CHARACTERISTIC WASTIi
EP 19. TCLP
Promulgation Promulgation
ot TC Rula of Third Ttilrda
March 29. 1990 May «, 1990
Effective Oat*
of Third Thlrda
Auguat t, 1990
Effective Oat*
of TC Rule
| September 2S, 1990


[ *
4
I ^
t ' ' 1
*er* May
i	 i
IP w Mat Mr

in ii» Oaoom Hbwm—

IP & ?G1* m mm
it eftflftctwiattc




m m to# m mm
t*r
1CI# irnmmtm


UM muMi
MMartfa
(IP m T€tP tor



TO# H Mel lar


T6t# * mm mr
18* WHMW


(tP ar TCLP tw
tmnia dm mm)
Fre-ROD
During an on-going Rl/FS, or is cases where
the investigation is complete but the ROD has not
yet been signal, site managers should assess (either
through use of the TCLP or knowledge of the
waste, which could include EP test results) whether
the wastes being managed are hazardous by toxicity
characteristic and determine which, if any, RCRA
Subtitle C requirements may be ARARs for each
of the alternatives being considered.
Post-ROP
v For RODs siped before March 29,1990 that
tavojvs on-site disposal of waste, site managers do
not have to ran ute TCLP to determine
applicability of Subtitle C hazardous waste
requirements because ARARs generally are
considered to be frozen' when a ROD is signed
(although an assessment of the protectiveness of
the remedy, in light of a new requirement, should
be made). Because the TC rule simply addresses
whether a waste is a characteristic RCRA
hazardous waste, its consideration generally should
not affect determinations made during the RI/FS
and remedy selection process of the protectiveness
of a remedy.
If an ongoing or planned response action
(regardless of when the ROD was siped) involves
or will involve off-site disposal of wastes after
September 25, 1990, the wastes must be evaluated
for the toxicity characteristic to ensure that
applicable RCRA Subtitle C requirements are met
at the time of disposal. For example, if wastes that
exhibit the TC (but were not considered hazardous
under the EP when tested earlier) are being
disposed in an off-site municipal Subtitle D
unrtmi, these wastes can no longer be disposed of
in this manner after September 25, 1990. These
wastes will need to be disposed of in a RCRA
Subtitle C facility or treated such that they are no
longer characteristic prior to disposal In a Subtitle
DbtiUty. Depending on which of these options is
chosen, a ROD amendment or explanation of
significant differences (ESD) would need to be
issued.
NOTICE; "Hie polfcfca tet out to thii memoafldom are inwaded tokiy *• guidance. They ate not HWrtwd, nor esa they be
relied upoa, us oat* any right* enforceable bf any patty in litigation wit* the United Statea. SPA offlcitli may decide to foikx*
the (BidLuce provided to U» acaMnndaa. or to act at variance vith the gtrirtanrr, baaed oa aa anaJyata c< tpwiflc mu
arcusmancea. The Agency ibo nagvet the nght to change th* pndaoce at any tane withow public notice.	

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The TC rule aubUshcs
regulatory levels for «a additional 25 ocfwie
cbcnkmla that were not previously regulated
(D018-D043) and renins the regulatory levels for
Use 14 chemicals originally regulated under the old
EP (i,e_ D004-D017). Each of the constituents
regulated and their regulatory levels (based on the
TCLP) are shows in Highlight 2. Because the new
chemicals regulated are organic constituents
commonly found at Supcrfund sites, it is likely that
more wastes at Superfond sites will exhibit the
RCRA toxicity characteristic and will require
management in accordance with RCRA Subtitle C
hazardous waste requirements.
The results of the TCLP and EP tests generally
are expected to be the same for the original 14
constituents (Le., if a waste tested as non-
characteristic under the EP test, it would not be
expected to exhibit the characteristic under the
TCLP test as well). However, in some cases,
wastes that were not hazardous under the EP may
be hazardous under the TCLP. Appropriate
management and compliance options in such
situations are discussed in the following section.
RELATIONSHIP OF TC TO OTHER RCXA
REQUIREMENTS
• LDRi. As described in Supcrfund LOR Guide
#8, Compliance with Third Third Requirements
under the LDRs, the Third Third LOR rule
promulgated on May 8, 1990, set LOR
treatment standards for the 14 RCRA wastes
that are identified as hazardous by characteristic
using the EP toxicity test (Note: compliance
with the LDR standards for most characteristic
wastes is based on the TCLP.) For the eight
EP toxic metals (D004-D011), EPA generally
set the LOR treatment standards as
concentrations at the characteristic level, with
the exception of selenium nonwastewaters, for
which the treatment standard was set above the
characteristic level, and certain high mercury
nonwastewaters, for which a treatment
technology of mercury retorting was set For
the pesticide wastewaters, a technology (e.g.,
incineration, biodegradation) was specified as
the treatment standard. For pesticide
nonwastewaters, the treatment standards were
set as total waste concentrations (not extract
Highlight 2
CONSTITUENTS AND REGULATORY LEVELS ESTABLISHED UNDER THE TOXICITY CHARACTERISTIC RULE
Old Et Toxicity Coosti taenia	New TC CouUtacala (coot-)
(mm regoiaud indtr TC)
Waste
Regulated
Reg. Level
Waste
Regulated Reg. Level
Code
Constituent
rmi/n
Code
Constituent < mtl'i
D004

5.0
D022
Chloroform 6.0
DOGS
Barium
100.0
D023
o-Cresol 200.0*
D006

1.0
D024
cn-Crooi 200.0*
0007
Ctwxaium
5 J)
D025
p-Owol 200.0*
D006
Lead
50
D026
Total cresoU 200.0*
D009
Many
oa
0027
1.4-Dichloroben2cne 7,5
D010

1.0
D028
1,2-DieMoroethaBe 0J
D011
Silver
5.0
D029
1,1-Dichkjroetlnteie 0.?
0012
Endri*
0.02
D030
2,4-Dinttroioiueoe 0.13
D013
| 'puAmmm.
0.4
~C31
Hepuchior (aad its epoxide) 0.008
D014
Methc*yd»Jar
10.0
D032
HeacUorodenzese 0.13
D015
Ti
0J
D033
Hmeliloro-lXiuudietie 0 J
D016
2,4-D
10,0
D034
He*achJoroethane 3.0
DOIT
Z44-TT (tilw)
1.0
D03J
Methyl etfcyi ketone 200.0


D036
Nitrobenzene 2.0

New TC CaHtUHMii
0037
Pentachloropheaol 100.0



D038
Pyndiae 5.0
Wine
Regulated
Reg. Level
0039
Tctrachlocoethyteae 0.7
Code


D040
Trichloroethyteae 05



D041
Z4 J-Trichloropheoot 400.0
D0I8
Benzene
0J
0042
2,4,<*Trichion»pbenol 10
DOW
Cartoon tetrachloride
OJ
D043
Vinyl chloride 02
0020
Chlordane
0.03


D021
CWocoteeniene
100.0
* If o-,
m-, aad p-Ooot caooot be diffexntiated, tool
cmol oofteesMBtion of 200.0 mj/t is wad « the
regulatory level.

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concentrations). Although some of the total
waste concentrations for these pesticide
nonwastewaten appear to be higher than the
levels that define the wastes as hazardous, when
the 20 to 1 dilution factor inherent in the TCLP
and EP protocols is considered, no certain
relationship between the two standards can be
stated, and, therefore, toting likely w-. be
necessary to deternrne » *ther wastes r ated
to the LDR tre-onem standards remain
hazardous.
The 25 new organic constituents are considered
"newly identified tstes, and will not be subject
to the LDRs 1 the Agency promute—
treatment stai< - rds for those wastw
Furthermore, no other LDR restrictions (e.e
soft hammer requirements, Califcr?
restrictions) apply to these newly identified
wastes; however, they must be disposed, of in
accordance with other RCRA Subtitle C
requirement; in a regulated Subtitle C
disposal mm .
Where wastes not hazardous under the EP test
fail the TCLP test, these » "-S '.so are
considered RCRA "newly iden	as, and
are not subject to LDR treatment standards.
Highlight 3 provides examples of how LDR
requirements may apply to TC wastes.
Delisting. Wastes that have been delisted may
still be considered hazardous under RCRA if
they exhibit the TC (or other) characteristic.
Although this is not expected to occur, site
managers who will be disposing of wastes or
treatment residuals that have been delisted, or
are in the process of being delisted, must
nevertheless determine (either through testing
or knowledge of the wastes) if their wastes
exhibit the toxicity characteristic.
COMPLIANCE EVALUATIONS
As a result of the TC rule, site manager may
need to evaluate whether wastes at a site :bit
the toxicity characteristic durng tht ite
investigation and implementation phases of a
CERCLA response. Highlight 4 contains a
timeline outlining the legally acceptable options
(established in the TC and Third Third rules) for
using the EP and the TCLP to test for the
characteristic of toxicity and complir x with LDR
treatment standards.
Highlight J
EXAMPLES OF LDR REQUIREMENTS
FOR TC -TES*
•	A TC waste rrwammg lead (D006) at
8.0 m?/! fbaaed cm teachate analysis)
must .-eatec g, by using
immc jtioo) . comply with the
LDR nam jxtanl at 5.0 mg/t
before idua disposal. Because the LDR
treatment standard is alio the
characteristic level, the treated wastes
would no longer be considered a
war- ud. therefore,
dispell in a a. " - » —
be permissible.
•	The LDRs « lot in effect for a waste
containing benzene (DO 18) at 6.0 mg/1
(using a TCLP analysis) that will be
land disposed because 13018 is a newty
identified waste for which no LDR
standards exist. The waste must oe
disposed of as a Subtitle C RCRA
hazardous waste (unless the waste is
treated to below the TC level for
benzene of 0J mg/1).
•	Wastes containing a mixture of lead
and benzene at concentrations above *
the TC levels must be treated to meet
the LDR treatment standard for lead
before disposal. If, after treatment, the
waste still exhibits the characteristic for
benzene, it must be managed as a
RCRA hazardous waste. If treatment
removes the charactenstic for benzene,
through immobilization or other
treatment methods, the treated waste
may be disposed of in a Subtitle D
landfill.
NOTE; If any of the 14 original EP constituents
for which standards are in effect are
contained in scnl and debris, site
managers may want to obtain a
Treatability Variance to comply with
the LDRs. However, depending on the
waste's original (or threshold)
concentration, attaining the
characteristic level may be a less
stringent requirement than obtaining
the alternate treatability vara, i level
established in Superfund LDR Guides
#6A and #6B.
•	TC effective date is September 25, ,(m.

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