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APR I 7 1989
QSWER Directive 9347.1-02
Policy for Superfund Compliance With the RCRA Land Disposal
Restriction!; /.,
A c 11 i n g A s 4 i s t a n t A dm £ n i s :: r a t o r
1 . ' i
Regional A&mms tra tors, Regions I~X
To transmit the Superfund policy for complying with the RCRA land
disposal restrictions (LDRs) at Superfund sites.
CEHCLA section 121(d) requires on-site Superfund remedial actions to
comply with Federal, and more stringent State, environmental requirements that
are determined to be applicable or relevant and appropriate requirements
(AKARs) Section 121 also identifies six ARAR waivers: 1) interim remedy;
2) greater risk to human health and the environment; 3) technical
impracticability; A) equivalent standard of performance; 5) inconsistent
application of State standard; arid 6) Fund-balancing.
With regard to Superfund removal actions, the current NCP requires on-site
removal actions to comply with Federal ARARs to the extent practicable,
considering the exigencies of the situation. The preamble to the proposed NCP
contains guidance or. how to determine whether compliance is "practicable."
On-site removal and remedial actions must comply with substantive aspects
of both applicable and relevant and appropriate requirements.. Off-site removal
and remedial actions must comply with both substantive and administrative
aspects of applicable requirements only.
The RCRA land disposal restrictions are a potential ARAR. for Sup erf'and
actions. As you may know, GERE is developing a guidance document to assist the
Regions in. complying with the LDRs. Although several issues must be resolved

934 7.L—02
before this guidance is issued, this mem.ora.ndum will summarize one of the major
issues that has been decided, namely, how to deteraine whether the LDRs are
•''applicable''' to a Superfund. response action. This policy will be discussed in
greater detail in the guidance document.
In order to assist Regional removal and remedial staff in making' current
site decisions about the LDRs, this memorandum will explains 1) how to
determine when the LDRs are "applicable" to a Superfund removal or remedial
action, and 2) the Superfund approach for complying with the LDRs when they are
determined to be applicable. (This memorandum does not address how to make
"relevant and appropriate" determinations.)
Section A below explains how site managers (QSCs, RJ?Ms> should determine
whether the LDRs are "applicable" to a Superfund response action. Section B
explains how Superfund intends to comply with the LDRs when they are
determined to be applicable.
A. Application of the LDRs to CKRCLA response actions
To determine if the LDRs are applicable to a given response action at a
Superfund site, the site manager must answer three questions. The answer to
each question must be "yes" for the LDRs to be applicable.
JL	Poea , CSRCT4	action
The LDRs are triggered as applicable requirements by "placement" of
restricted RCRA hazardous wastes in land-based units.* Placement occurs when
wastes are land disposed (or placed) in land-based RCRA units, such as
landfills, surface impoundments, waste piles,, and land treatment facilities.
Placement does not occur if wastes are moved within a unit or are left in place
(e.g., capping, in—situ treatment, consolidation within, a unit). Placement
does occur when wastes are moved from one unit and placed in another unit:. For
example, if wastes from a CERCLA site are disposed at; an, off—site landfill,
this action, constitutes placement.
However, the concept of a RCRA unit may be less useful for uncontrolled
hazardous waste sites, which often involve widespread and dispersed
contamination. Therefore, to assist in defining when placement occurs for on-
site disposal at Superfund sites, the Agency has developed the concept of an
1 Several LDR requirements (the storage restrictions, dilution prohibition,
and off-site notification requirements, in particular) are triggered when
restricted wastes are generated, or picked up, rather than when the wastes
are "placed." However, the major LDR restrictions discussed in the
remainder of this memorandum are triggered only if wastes are "placed,"

"area of contamination"' (AOC). An AOC is delineated by the extent of
continuous contamination, although one AOC may contain varying types and
concentrations of contamination. For example, a waste pit with the surrounding
contaminated soil is one AOC and may be viewed as a single "unit," e.g., a
single landfill. For the purposes of the LDRs, therefore, AOCs are equivalent
to RGB A units ..
Movement of waste within the AOC does not constitute placement, but
movement of waste cut of; the AOC into another unit will trigger placement:.
Placement would occur if wastes from different AOCs are consolidated into one
AOC or if wastes are removed and treated outside the AOC and returned to the
same or a different AOC, Placement would also occur if wastes are excavated
from the AOC, placed in an incinerator or tank located within the AOC, and then
redeposited into the AOC, because the incinerator and tank, are considered
separate units from the AOC.
2L,	Is the CKRCLA waste also a RCRA hazardous waste?
The LDRs are applicable only to RCRA hazardous wastes (i.e., listed and
characteristic wastes identified under §261). However, not all wastes at
Superfund sites are RCRA hazardous wastes. Therefore, the site manager must
decide if it is reasonably ascertainable, within the scope of the Superfund
site investigation, that Che CERCLA waste is also a RCRA hazardous waste.
Reasonable efforts must be used to collect the information needed to determine
if a waste is a RCRA listed or characteristic waste. (It is expected that
current data collection efforts at Superfund. sites should be sufficient for
this purpose.) The site manager should have affirmative evidence (e.g.,
manifests, records, knowledge of process) to demonstrate that the Superfund
waste is a RCRA hazardous waste for the LDRs to be potentially applicable.
To determine whether a CERCLA waste is a RCKA characteristic waste, site
managers may test the waste or use their knowledge of the properties of the
waste. To determine if a waste is a listed waste, sampling alone will not be
sufficient. The RCRA listing descriptions will generally require that the site
manager have knowledge about the source of the waste (for example, did the
sludge on site result from a wastewater treatment operation?) or its prior use
(e.g..., was the waste unused when it was discarded?).
If the site manager determines that the site waste is a RCRA hazardous
waste, he/she must also determine if that waste is a "California list" waste.
The California list wastes are a distinct category of RCRA hazardous wastes
regulated under the LDRs. The LDR regulations describe the California list
wastes and they will be discussed in the forthcoming guidance document.
i-	Is the RCRA waste restricted under the LDRs at the time of placement?
The land disposal restrictions are being phased in for the RCRA hazardous
wastes over a period of time. Attachment: 1 presents the LDR. statutory
deadlines established by section 3004 of the 1.984 RCRA amendments - A RCRA
waste 'becomes a restricted waste under the LDRs on its statutory deadline, or
earlier if EPA chooses to promulgate treatment standards for a waste prior to
this deadline. Note that after Hay 1990, all RCRA hazardous wastes (that were

listed or characteristic as of the 1984 RCRA amendments) will be restricted
under the LIJRs.
To determine if the LDRs are applicable, site managers should determine if
the RCRA waste will be restricted under the LDRs at the time the waste is to be
To summarize Section A, the LDRs are applicable when three conditions are
:riet: 1) the CERCLA action constitutes placement, 2} the CERCLA waste is a RCRA
hazardous waste, and 3) the RCRA waste is restricted at the time of placement.
If these conditions are met, the CERCLA action must comply with the LDRs,
unless an ARAR waiver is granted (remedial actions) or compliance with the LDRs
is determined not to be "practicable" (removal actions).
B. Superfund compliance with the LDRs
Section B briefly describes the different types of LDR requirements and
provides an overview of the Superfund approach for complying with these LDR
requirements when they are determined to be "applicable." Section B describes
only the major LDR restrictions; the upcoming guidance document will give a
complete description of all LDR provisions.
1. Summary of the major LDR requirements
Wit en a waste becomes "restricted" on its statutory deadline (or possibly
earlier), one of four types of restrictions will take effect;
promulgate treatment standards for all P.CRA hazardous wastes by the
statutory deadlines. To date, most of the standards set by EPA are
concentration levels that: must be achieved prior to land disposal. (The
regulations specify whether a total waste analysis or the Toxicity
Characteristic Leaching Procedure (TCLP) must be used to measure the
concentration levels., ) For concentration-based treatment standards, any
technology may be used to achieve these standards. However, in limited
cases, EPA has also promulgated a specific technology as a treatment
standard, or has established a "no land disposal" treatment standard where
a waste was no longer generated, no longer being land disposed, or was
capable of being totally recycled.
standard for a waste, it must also determine if there is sufficient
capacity available nationwide to treat the waste to that standard. If
not, EPA may grant a nationwide capacity extension for the waste, for up to
two years. During the extension, the waste does not have to meet the
treatment standard. However, if waste that does not meet the standard is
disposed in a landfill or surface impoundment, the receiving ur.it must
meet the RCRA. §30Q4(o) minimum technology requirements (e.g., double
liner, "leacbate collection system, ground water monitoring). Because of
these limitations on disposal, wastes are still considered "restricted"
during national capacity extensions.
(§268.40-43) - The RCRA amendments direct EPA t:
When EPA sets a treatment

9347.. 1—02
Attachment 2 highlights; the national capacity extensions that EPA has
granted to date for CERCLA soil and debris wastes that are contaminated
with RCRA restricted wastes..
Soft hammer (§268.8) - If EPA fails to set: a treatment standard for a
First or Second Third waste on the statutory deadline, the soft hammer
goes into effect automatically. The soft hammer places two requirements
on the disposal of wastes in landfills and surface impoundments: 1) the
receiving unit must: meet the RCRA minimum technology requirements., and
2) the generator must demonstrate and certify that he has investigated
treatment options for the waste,, and, where treatment: is practically
available, that the waste has been treated using the best practically
available treatment method. The soft hammer remains in effect until EPA
sets a treatment standard for the waste, or until the hard hammer falls in
May 1990, whichever comes first.
Hard hammer (RCRA §3004(g)(6)(C)) - If EPA fails to set a treatment
standard for a solvent, dioxin, or California list, waste by the statutory
deadlines for these wastes, or for any "Third" waste by May 1990, the hard
hammer falls. The hard hammer prohibits all land disposal of the affected
Compliance with RCRA and the LDRs may also be obtained through several
options other than meeting the restrictions above. It is important to note
that these options constitute compliance with RCRA; they do not require an ARAR
waiver under CERCLA.
A Treatability Variance (§268.44) is available when a treatment standard
has been set for a waste. The variance can be used where, because the
site manager's waste is significantly different from the waste used by EPA
to set the treatment standard, the standard cannot be met or the BOAT
technology is inappropriate. The variance can be granted either
administratively, for a particular waste at: a particular site, or through
a rule-making procedure, which establishes a new nationwide waste category
and associated treatment standard.
An Equivalent Treatiment: Method Pet:it:ion ( §268.42) can be used where a
treatment standard is a specified technology, but the site manager can
demonstrate that another technology can achieve an equivalent measure of
A No-Migration Petition (§268.6) can be used as an alternative to any of
the four restrictions above. The site manager must demonstrate that there
will be no migration of hazardous constituents above health—based levels
from the disposal unit or injection zone for as long as the waste remains
hazardous .
Delisting (§260.20 and §260.22) can be used as an alternative to any of
the four restrictions above, when the RCRA hazardous waste is a listed
waste. The site manager must demonstrate that:: 1) the waste does not meet
any of the criteria under which the waste was listed, and 2) other factors

~6—	934 7.1—02
(including additional constituents) would not cause the waste to be
2,	Superfund approach for complying with the LDR requirements
The present Superfund approach for complying with the LDRs when they are
applicable requirements is illustrated below;
CASE A; CERCLA liquid or sludge wastes that are also RCRA restricted
hazardous wastes
CERCLA liquid + RCRA restricted + Placement « LDR is applicable. Must
or sludge	hazardous waste	comply (unless CERCLA
ARAR waiver is granted).
If the LDR restriction is
a treatment standard,
evaluate whether it can
be met. If not,
determine if a
Treatabili ty Variance or
other RCRA option is
CASE Bs CERCLA soil or debris wastes that contain RCRA restricted
hazardous was t es
CERCLA soil + RCRA restricted + Placement * LDR is applicable. Must
or debris	hazardous waste	comply (unless CERCLA
ARAR waiver is granted).
If LDR restriction is a
treatment standard., will
generally be appropriate
to seek a Treatability
Variance. Other RCRA
options may also be
CERCLA response actions often address waste matrices, such as contaminated
soil and debris, that are different from the RCRA industrial wastes used to set
the LDR treatment standards. Therefore, the Agency is undertaking a rulemaking
that will set LDR treatment standards specifically for contaminated soil and
debris. Until that rulemaking is completed, site managers should use the data
collected during the removal and remedial site investigations to support a
Treatability Variance for soil and debris where necessary. As part of this
interim approach, the Agency is developing specific guidance for obtaining a
Treatability Variance for soil and debris, which establishes alternate
treatment levels or methods for soil and debris.

If you have further questions, you may call the Headquarters Superfund
Regional Coordinators, Carolyn Offutt of the CERCLA program (FTS 4 75-9760), or
Michaelle Wilson of the RCRA land disposal restrictions program (FTS 382-4770).
cc; Regional Counsel, Regions I-X
'Director, Waste Management Division, legions I, IV, V, ¥11, and VIII
Director, Emergency and Remedial Response Division, Region II
Director, Hazardous Waste Management Division, Regions III arid VI
Director, Toxics and Waste Management Division, Region IX
Director, Hazardous Waste Division, Region X
Environmental Services Division Directors, Regions I, VI, and VII
Henry Longest
Sylvia Lowrance
Bruce Diamond
Lisa Friedman
Superfund Branch Chiefs, Regions I-X
Oil and Hazardous Materials Coordinators, Regions I-X
Bettie Van Epps, OERR Document Coordinator

Attachment 1
Spent solvent wastes (F001-F005)
Dioxin wastes (F020-F023 and F026-F028)
California list wastes
-	Any RCRA hazardous waste; and
-	Liquid (except for HOCs); and
-	Exceeds statutory prohibition level for
certain, cyanides, metals, corrosives ,
PCBs or HOCs
CERCLA/RCRA corrective action soil and debris
(Solvent-containing, dioxin-containing, and
California list wastes only)
First Third wastes (listed RCRA hazardous wastes)
Second Third wastes (listed RCRA hazardous wastes)
Third Third wastes (listed and characteristic
RCRA hazardous wastes)
New RCRA wastes (any RCRA hazardous waste listed
or identified under RCRA 3001 after
November 8, 1984)
November 8, 1986
November 8, 1986
July 8, 1987
November 8, 1988
August 8, 1988
June 8, 1989
May 8, 1990
Within 6 months
of listing or
* These dates are statutory deadlines in HS'WA. On this date, some type
of LDR restriction will apply (i.e., treatment standard, minimum
requirement during national capacity extension, soft hammer, hard
hanmer). However, the Agency also has the authority to restrict: a waste
earlier than its statutory deadline. Currently, che Agency is planning
to restrict certain Third Third wastes in the June 1989 Second Third rule,
so individual regulations must be Checked. "
** If EPA misses the 6 month deadline, the waste will not be restricted under
the LDRs because HSWA contained no hammer provisions for newly identified
wastes .

Attachment 2
Waste Category
Treatment Standard
Effective Date
Solvent (F001-FQ05;
Dioxin (P020-F023 and F026-F028)
California list (HOCs)
First Third!
Wastes where BDAT is incineration
Wastes where BDAT is other than incineration
Soft hammer wastes - treatment standard not
set; must meet soft hammer restrictions as of
November 8, 1988
November 8, 1988
November 8 , 1988
August 8, 1988
August 8, 1988
August 8, 1988
November 8, 1990*
November 8, 1990*
November 8. 1990*
August 8, 1990*
August 8, 1988**
* The effective date is based on the granting of a national capacity extension. During the capacity
extension, the soil and debris do not have to meet the promulgated treatment standards. However, if soil
or debris that does not meet the standard Is disposed In a landfill or surface impoundment, the receiving
unit must meet the RCRA minimum technology requirements (double liner, leachate collection system, ground
water monitoring),
** Except for K048-K052 and K07I, which were granted capacity extensions until August 8. 1990,