United States
Environmental Protection
Agency
Office of Publication 9380.3-08FS
Solid Waste and January 1992
Emergency Response

REGIONAL GUIDE: ISSUING SITE-
SEPA
SPECIFIC TREATABILITY VARIANCES
FOR CONTAMINATED SOILS AND

DEBRIS FROM LAND DISPOSAL

RESTRICTIONS (LDRs)
Technology Innovation Office
Quick Reference Fact Sheet
Q's and A's for LDR Site
What type of LDR variance authority has been delegated to
the Regions?
The Regional Administrator (RA) may exercise the
authority to grant or deny applications for site-specific
variances for contaminated soils and debris from a treatment
standard established by the Land Disposal Program in
CERCLA response actions and RCRA corrective actions and
closures. For RCRA actions, the RA was delegated the
authority to grant or deny these variances under 40 CFR
268.44(h) on April 22, 1991. For on-site CERCLA actions, the
RA already had the authority to grant variances as part of the
ROD process. Variance authority for CERCLA actions is
discussed in LDR Guides 6A (revised, September 1990) and 6B
(9347.3-06FS & 9347.3-06BFS).
Can the RA redelegate this authority under RCRA?
Yes, the RA may redelegate this authority with respect to
RCRA actions to the Deputy RA and to the Division Director
level.
Why should contaminated soils and debris be considered for a
variance?
The National Contingency Plan establishes a presumption
that contaminated soils are appropriate for treatability
variances. Until specific standards for soils and debris are
developed, current BDAT standards generally are considered
to be inappropriate for contaminated soils and debris for
CERCLA response actions and RCRA corrective actions and
closures (55 FR 8760-1, March 8, 1990). It is expected that site
managers, generators, and owners/operators of treatment or
disposal facilities will apply for treatment variances . In
considering variance requests, EPA Regions should carefully
consider OSWER's guidance on soil treatment levels.
Where can one rind OSWER's guidance for alternative
treatability variance levels?
LDR Guides 6A and 6B. These guidances can be ordered
through the RCRA/CERCLA Industry Assistance Hotline
(1-800-424-9346) or regional library.
What type of oversight will EPA HQs provide?
For the first time variances granted outside the CERCLA
ROD process in each Region, the Region must
ific Treatability Variances
consult with the Assistant Administrator of OSWER 21 days
before finalizing these proposed treatability variances.
Afterwards, only those variances that do not comply with the
alternative treatability variance levels or the technologies
specified in OSWER gaidance (LDR Guide 6A & 6B) will need
OSWER consultation.
Where can one find the regulatory requirements for
site-specific treatability variances under RCRA?
RCRA regulatory requirements (40 CFR 268.44(i)): Each
application for a site specific variance from a treatment
standard must include the information in 40 CFR 260.20 (b)
(l)-(4) and must also comply with 40 CFR 268.7. Until the
variance is granted, the applicant must comply with LDR
requirements (40 CFR 268.44 (1)). The figure on the reverse
side describes the RCRA administrative process for issuing
site specific treatability variances.
Where can one find the procedures used for granting
treatability variances in CERCLA?
LDR Guides 6A (Revision) and 6B (9347.3-06FS &
9347.3-06BFS) set forth the procedures for granting treatability
variance for CERCLA remedial and removal actions,
respectively.
NOTE: This Fact Sheet highlights the delegation of LDR
site-specific treatability variances to regional offices by
describing both the procedures and requirements for issuance.
Data generated by these variances on performance and cost
data of alternative technologies will be valuable in evaluating
innovative treatment technologies by determining whether
environmental targets are achieved and what engineering
parameters are of most importance for scale-up.
NOTICE: The policies set out in this FACT Sheet 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 FACT sheet, or to act at variance with the guidance,
based on the 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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RCRA Administrative Process for Site Specific Treatability Variances
Permit or permit modification containing
a treatability variance issued or denied.
3008(h) Order or amended order containing
A treatability variance issued or denied.
Application submitted to the Region.
Region informs applicant that application has bee received.
A draft notice granting or denying application sent out.
Notification of tentative decision printed in newspaper or
announced on radio broadcast in the applicant's locality.
Regions may request additional information and/or samples
(40 CFR 268.44(j)).	
Region accepts comments usually up to 30 days. Comments
can be obtained through existing public participation
vehicles,
such as permit and permit modification applications.
Public Hearing may be requested, which the Region can
provide via the public hearing that may be requested with
a permit action (permit or modification), closure action
and/or enforcement order (3008(a) order, a 3008(h) Order)
and the Corrective Measure Study (CMS) Statement of
Basis.
Treatability variance either issued or denied.
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