Monthly Hotline Report August 1992 RCRA/Superfund/OUST and Emergency Planning and Community Right-to-Know Act The RCRA/Superfund/OUST and Emergency Planning and Community Right-to-Know Act Monthly Hotline Report provides valuable OSWER programmatic information. This bulletin contains excerpts from the Report's "Questions and Answer" and "Publications" sections. The full report is available from the U.S. National Technical Information Service at 703-487-4650. For other information, please contact the RCRA/Superfund/OUST Hotline at 1-800-424-9346 or the Emergency Planning and Community Right-to-Know Act Hotline at 1-800-424-9346. EPA Report Number: EPA/530-R-92-014h NTIS Number: PB92-922408 Hotline Questions and Answers RCRA 1. Treatment in a Generator's 90-Day Containment Building According to the March 24, 1986, Federal Register, generators may treat hazardous waste in accumulation tanks or containers in conformance with the requirements of Section 262.34 and Subparts J or I of Part 265 without obtaining a permit or interim status (51 FR 10168). In the August 18, 1992, Federal Register (57 FR 37194), EPA promulgated standards for a new hazardous waste management unit known as a containment building (Parts 264 and 265, Subpart DD), and amended Section 262.34 to allow generators to accumulate hazardous waste on-site in containment buildings for 90 days or less without a permit or interim status (Section 262.34(a)(iv); 57 FR 37264). May generators accumulating hazardous waste in containment buildings in compliance with Section 262.34 and Part 265, Subpart DD treat the waste without obtaining a permit or interim status? A generator accumulating hazardous waste in a containment building for less than 90 days in compliance with Section 262.34 and Part 265, Subpart DD (the technical standards for interim status containment buildings) may treat these hazardous wastes in the containment building without obtaining a permit or interim status as long as thermal treatment is not involved. The August 18, 1992, Federal Register states that Section 262.34 has been revised to exempt generators from permitting requirements when accumulating or treating hazardous waste on-site in containment buildings (57 FR 37242 and 37253). Generators who accumulate or treat hazardous waste in containment buildings must comply with the general Part 262 regulations, as well as the following requirements in accordance with Section 262.34(a)(1)(iv): comply with Subpart DD of 40 CFR Part 265; place in the facility's operating record a certification by a professional engineer that the building complies with the design standards specified in 40 CFR Section 265.1101; and maintain in the facility's files documentation showing no hazardous wastes remain in the unit for longer than 90 days (57 FR 37264). If a generator chooses to treat a prohibited hazardous waste in containment buildings, however, and is conducting such treatment in order to meet applicable Part 268, Subpart D treatment standards, he or she must comply with the waste analysis plan requirements of Section 268.7(a)(4). Section 268.7(a)(4) has been modified to reflect the addition of containment buildings to Section 262.34 as accumulation/treatment units (57 FR 37270). Thermal treatment is regulated by the specific standards for incinerators (Part 265, Subpart O), boilers and industrial furnaces (Part 266, Subpart H), and thermal treatment (Part 265, Subpart P), and is therefore not eligible for the Section 262.34 permit exemption even if the treatment occurs inside a containment building. 2. Accumulation Time for Hazardous Waste Importers A U.S. hazardous waste broker wishes to import hazardous waste by truck from Mexico into the United States. Assuming the shipment passes U.S. Customs, the broker wishes to accumulate the hazardous waste at a warehouse near the border for 45 days in order to consolidate several shipments before transporting the hazardous waste to a designated TSDF. According to 40 CFR Section 262.60, an importer of hazardous waste must comply with the generator requirements of 40 CFR Part 262. Section 262.20 also requires the importer to comply with certain manifesting requirements specific to imports (Section 262.60(b)). Once the waste is imported into the United States, can the importer accumulate hazardous waste (per Section 262.34) at or near the point of entry to the United States (e.g., in a warehouse) for 90 days or less without a permit or interim status prior to shipping it to the designated TSDF? Although it is correct that importers must comply with Part 262, Standards Applicable to Generators, including the special requirements of Part 262, Subpart F, importers cannot accumulate hazardous waste under Section 262.34. Ninety-day accumulation under Section 262.34 applies only to generator accumulation on-site, and is not applicable to this situation. Sections 262.20 and 262.60 require the importer to prepare a hazardous waste manifest for the waste shipment, using the importer's name and the name of the foreign generator in the generator box. At the time the manifest is initiated (at the point of entry into the United States) the waste shipment is already in transportation, and the manifested hazardous waste must proceed to the facility designated on the manifest to accept the hazardous waste. Under Section 263.12, the hazardous waste may be stored during the normal course of transportation to the designated facility at a transfer facility for 10 days or less, provided that the hazardous waste is packaged in accordance with DOT packaging regulations. UST 3. Calculating The Inventory Control Standard According to 40 CFR Part 280, Subpart D, new underground storage tank (UST) systems and existing systems of certain ages must be fitted with release detection. One of the options to satisfy this requirement combines tank-tightness testing at specified periods with monthly inventory control, which consists of reconciling tank measurements against delivery and dispensing quantities. Section 280.43(a) requires that this method detect releases of "...at least 1.0 percent of flow-through plus 130 gallons on a monthly basis...." How is the 1.0 percent plus 130 gallons of flow-through calculated? In order to determine whether a release has been detected, an owner/operator must first determine the flow-through quantity; in other words, the amount of regulated substance moving through the UST system during any given month. Flow-through may be calculated using either the amount added to or the amount dispensed from the tank, as long as the same measure is used consistently. After establishing the flow-through quantity, the owner/operator next computes 1.0 percent of that quantity, and then adds 130 gallons. Written mathematically, the standard may be expressed as (0.01 x flow-through) + 130 gallons. The owner/operator then compares the result against the cumulative overage or shortage for the month to determine if a leak has been detected. For example, suppose 7,000 gallons of gasoline are dispensed from an UST during September. Although 8,000 gallons were delivered during September, the owner/operator always bases flow-through on the quantity dispensed; therefore the flow-through quantity is 7,000 gallons. One percent of 7,000 gallons is 70 gallons, to which 130 gallons are added, totaling 200 gallons ((0.01 x 7,000) + 130 = 200). The resulting 200 gallons can then be compared against the cumulative overage or shortage for the month to determine the presence of a leak. The margin for error allowed by Section 280.43(a) helps reduce the frequency of false positive results from temperature variations and measuring inaccuracies (a detailed discussion can be found at 53 FR 37157; September 23, 1988). More information on inventory control is available in Detecting Leaks: Successful Methods Step By Step (U.S. EPA Office of Underground Storage Tanks, November 1989; 530/UST-89/012). CERCLA 4. Off-Site Policy and Subtitle D Regulations A CERCLA site is undergoing remediation, which is producing soil and debris. Analysis of the soil and debris indicates they do not contain RCRA hazardous waste (i.e., they are nonhazardous waste). Due to the conditions at the site, however, the soil and debris will have to be disposed of off-site. Is it permissible under the existing CERCLA off-site policy (OSWER Directive 9843.11, November 13, 1987, PB91-139 287) to dispose of nonhazardous soil and debris from a CERCLA site at a municipal solid waste landfill regulated by RCRA Subtitle D? If nonhazardous waste generated during remediation of a CERCLA site is not otherwise regulated (i.e., by the Toxic Substances Control Act, the Atomic Energy Act, or other applicable Federal and state laws), a lead agency can direct this waste to be disposed of at a Subtitle D municipal solid waste landfill facility that meets the requirements set by the November 13, 1987, off-site policy. The off-site policy, promulgated pursuant to CERCLA Section 121(d)(3), provides that CERCLA hazardous substances, pollutants, and contaminants (CERCLA waste) transferred off-site are sent only to facilities determined to be environmentally sound. To meet the objectives of the off-site policy, the lead agency must make a determination about the acceptability of the facility that is to receive the CERCLA waste. To be considered acceptable to receive CERCLA waste under the off-site policy, a Subtitle D facility must be in compliance with all applicable Federal or state regulations, and all environmentally significant releases from the Subtitle D facility must be controlled by a corrective action program under the applicable Federal or state authority. To ensure compliance with these standards, facilities designated to receive CERCLA wastes must be inspected by the appropriate regulatory agency prior to the planned receipt of CERCLA waste. Information about the acceptability of a particular facility to receive CERCLA waste may be obtained by calling the Regional Off-Site Coordinator (ROC) of the Region in which the facility is located. The regulatory authority for municipal solid waste landfills rests primarily with state and local governments. In October 1991, EPA promulgated a rule requiring owners and operators of Subtitle D municipal solid waste landfills to comply with a comprehensive set of Federal minimum standards (56 FR 50978; October 9, 1991). Owners and operators must comply with these new requirements by October 9, 1993. These regulations, which include location restrictions, facility design and operating criteria, groundwater monitoring and corrective action requirements, financial assurance requirements, and closure and post-closure care requirements, are codified at 40 CFR Part 258. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW 5. Recycle/Reuse Activity Under Section 313 Refractory bricks containing 12,000 pounds of lead are installed in a reaction vessel. Is the lead in the bricks considered "otherwise used" for purposes of Section 313 of the Emergency Planning and Community Right-to-Know Act? Also, are releases of lead from the bricks during reporting year 1991 subject to release reporting on the Form R (40 CFR Part 372) if no new bricks are added during the calendar year? The lead contained in the bricks is considered "otherwise used" since it is not incorporated into the final product. The facility would count the amount of lead in the bricks that are added to the reaction vessel only for the year in which the bricks are installed. In answer to the second question, if the 10,000-pound threshold is exceeded, then all releases of lead would be reported. Neither the lead contained in the refractory bricks in the inventory (i.e., not yet installed), nor in-place lead contained in bricks (i.e., installed in a previous year) are to be included in threshold determination for the reporting year in question. If no bricks are installed during the calendar year, then a report would not be required. 6. Activity Indices and Production Ratios For the purposes of reporting in Section 8.9 of the Form R (40 CFR Section 372.85), a facility must provide a ratio of the reporting year production to prior year production, or provide an "activity index" based on a variable other than production that is the primary influence on the quantity of the reported toxic chemical recycled, used for energy recovery, treated, or disposed of. How should one-time or batch processors determine an activity index or production ratio for reporting in Section 8.9 of the Form R? A one-time processor in its first year of using a toxic chemical should report "NA" in Section 8.9 of the Form R. If a one-time processor uses a toxic chemical on a yearly basis but in different products, applications, and quantities, then a production ratio based on production or application involving the toxic chemical should be calculated as follows: (production involving the toxic chemical in the current year ö production involving the toxic chemical in the prior year). Batch processors should calculate a ratio based on campaigns involving the toxic chemical from year to year as follows: (campaign production in the current year ö campaign production in the prior year). 7. Reporting on Polymeric Lead Compounds A polymeric lead compound is processed at a facility in excess of the 25,000-pound threshold during the reporting year. Is a polymer that contains lead as a part of its infrastructure considered to be a lead compound under Section 313 of the Emergency Planning and Community Right-to-Know Act? The polymer would be considered to be a lead compound. According to Directive 4 on compounds and mixtures in the Toxic Chemical Release Inventory Reporting Package for 1990, a compound is any combination of two or more chemicals where the result is (in whole or in part) a product of a chemical reaction. In the formation of a compound, the reactant chemicals lose their individual chemical identities. Polymers formed as nonreversible reaction products are an example of a compound. Since this polymer is a compound, under Section 313 (40 CFR Section 372.22(h)), a polymeric lead compound processed at a facility would count toward the threshold determination for lead compounds. New Publications How to Order... NTIS publications are available by calling 703-487-4650 or writing NTIS, 5285 Port Royal Road, Springfield, VA 22161. Be sure to include the NTIS order number listed under the document. Hotline publications are available through the RCRA/Superfund/OUST Hotline by calling a Document Specialist at 1-800-424-9346. Be sure to include the EPA order number (if any) listed under the document. RCRA TITLE: "Environmental Fact Sheet: Management Standards Issued to Control Potential Risks from Recycled Used Oil -- No Hazardous Waste Listing" AVAILABILITY: Hotline EPA ORDER NO.: 530-F-92-018 On August 8, 1992, EPA issued management standards for recycled used oil that protect human health and the environment while promoting reuse of this valuable commodity. These management standards provide strong safeguards against potential types of mishandling and unsafe practices associated with improper storage of used oil, road oil, and contamination of used oil from hazardous waste. TITLE: "Environmental Fact Sheet: Coke Listing Determination Made Final" AVAILABILITY: Hotline EPA ORDER NO.: 530-F-92-021 On August 8, 1992, EPA published final regulations that list as hazardous seven wastes from the coke by-products industry. Five of these wastes are generated at coke plants during the production, recovery, and refining of coke by-products produced from coal. The other two are generated at tar refining facilities. CERCLA TITLE: "Superfund Removal Procedures Public Participation Guidance for On-Scene Coordinators: Community Relations and the Administrative Record" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 416 This document is part of a 10-volume series of guidance documents collectively titled the Superfund Removal Procedures. Each volume in the series is dedicated to a particular aspect of the removal process. This document summarizes the relevant public participation guidance, and statutory authorities for conducting community relations and administrative record activities. TITLE: "Contracting and Subcontracting Guide to the Superfund Program" AVAILABILITY: NTIS NTIS ORDER NO.: PB89-233 431 This document assists those interested in providing contractual services to the Superfund program, describes current Superfund contracts, and provides contact points, addresses, and telephone numbers of firms with Superfund contracts. TITLE: "Superfund Removal Procedures -- Removal Enforcement Guidance for On-Scene Coordinators" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 409 This document is part of a 10-volume series of guidance documents collectively titled the Superfund Removal Procedures. Each volume in the series is dedicated to a particular aspect of the removal process. This document summarizes the relevant guidance and statutory authorities for conducting enforcement activities during removal actions. TITLE: "Policy Towards Owners of Residential Property at Superfund Sites" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 615 This document summarizes EPA's policy toward owners of residential property at Superfund sites. This policy addresses concerns raised by owners of residential property located on Superfund sites and provides Regions with a nationally consistent approach on this issue. The guidance sets forth in writing what has been the Agency's past practice toward owners of residential property located on Superfund sites. TITLE: "Standard Operating Safety Guides" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 414 This document provides information on health and safety, and is intended to complement professional judgment and experience and to supplement existing Regional office safety procedures. It provides guidance for ensuring the health and safety of site personnel who work with hazardous substances or who work at uncontrolled hazardous waste sites. This guidance is intended for Federal, state, and local managers and personnel at sites where hazardous materials are present. The Standard Operating Safety Guides is intended to provide a comprehensive overview of the information needed by employers to meet their responsibility to ensure the health and safety of employees engaged in operations at hazardous waste sites. TITLE: "Compendium of ERT Field Analytical Procedures" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 405 This document provides standard operating procedures for field analytical procedures, including the use of equipment such as the Sentex Scentograph Gas Chromatograph; Portable XRF Analyzer; Pohotoionization Detector -- HNU; Photovac 10A10 Portable Gas Chromatograph Operation; Photovac GC Analysis for Air, Soil Gas, Water, and Soil; and Micromonitor M200. TITLE: "Compendium of ERT Air Sampling Procedures" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 406 This document provides guidelines for ERT air sampling procedures, including SUMMA Canister Cleaning, SUMMA Canister Sampling, GC/MS Analysis of Tenax/CMS Cartridges and SUMMA Canisters, Preparation of SUMMA Canister Field Standards, Low Level Methane Analysis for SUMMA Canister Gas Samples, Asbestos Sampling, Tedlar Bag Sampling, Charcol Tube Sampling, Tenax Tube Sampling, and Polyurethane Foam Sampling. TITLE: "Superfund at Work: Hazardous Waste Cleanup Efforts Nationwide (Bog Creek Farm)" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 612 This "Superfund at Work" bulletin series profiles hazardous waste cleanup efforts nationwide. This issue profiles the Bog Creek Farm site, a chicken farm in Howell Township, New Jersey, where chemical solvents and other wastes were dumped between 1973 and 1974. TITLE: "Superfund at Work: Hazardous Waste Cleanup Efforts Nationwide (White Chemical)" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 611 This "Superfund at Work" bulletin series profiles hazardous waste cleanup efforts nationwide. This issue profiles the White Chemical Site, a former chemical processing facility in Newark, New Jersey, where 11,000 drums of hazardous waste and chemical contaminants were stored from 1984 and 1989. TITLE: "Guidance for Data Useability in Risk Assessment (Part A)" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 356 This document is the first part (Part A) of the two-part Guidance for Data Useability in Risk Assessment. This guidance provides direction for planning and assessing analytical data collection activities for the baseline human health risk assessment, conducted as part of the remedial investigation (RI) process. It provides risk assessors and Regional Project Managers (RPMs) with nationally consistent procedures to plan and assess sampling and analysis of useable environmental data. Although the guidance addresses the baseline assessment within the RI, it is appropriate for use in the new Superfund Accelerated Cleanup Model where data needs for risk assessment are considered at the onset of site evaluation. TITLE: Brochure: "RCRA/Superfund/OUST Hotline" AVAILABILITY: NTIS NTIS ORDER NO.: PR-912 Free Document The RCRA/Superfund/OUST Hotline provides quick response to regulatory and related questions concerning waste management and disposal. This pamphlet provides a brief overview of services provided by the RCRA/Superfund/OUST Hotline. TITLE: Brochure: "Environmental Emergencies: What to Do" AVAILABILITY: NTIS NTIS ORDER NO.: PR-913 Free Document This pamphlet provides information to the public about reporting hazardous materials releases and spills to the National Response Center. TITLE: "Health Effects Assessment Summary Tables, Annual FY 1992" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-921 199 This document identifies current literature on changes in assessment criteria for many chemicals. The tables in this document summarize reference doses (RFDs) for toxicity from subchronic and chronic inhalation and from oral exposure, slope factors, and unit risk values. TITLE: "Regional Pilots and Applications of the Superfund Accelerated Cleanup Model (SACM)" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 273 This fact sheet describes the regional pilot programs testing the application of the Superfund Accelerated Cleanup Model, and describes the major categories of pilots and the overall status of the programs. TITLE: "Guidance for Data Useability in Risk Assessment" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 363 This fact sheet provides an overview of Part A and Part B of the Guidance for Data Useability in Risk Assessment. It highlights key points of the documents and states where additional information can be found. The Guidance for Data Useability in Risk Assessment provides risk assessors and Remedial Project Managers (PRMs) with nationally consistent procedures to plan and assess sampling and analysis of useable environmental data for baseline human health risk assessments, and addresses the useability of radioanalytical data for baseline human health risk assessment. TITLE: "Remedial Action Report Documentation for Operable Unit Completion" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 364 The progress in moving a site toward the ultimate goal of deletion from the National Priorities List (NPL) typically involves several operable units or multiple phases of construction over a period of several years. The purpose of the Remedial Action Report is to document the activities that occur at each specific remedial action operable unit at a site. This report describes documentation that a particular operable unit has met its objectives as well as summary information for subsequent inclusion in the Superfund site close-out report. The report also serves as a source of lessons learned for project managers and designers of future remedial action projects. TITLE: "Corrective Action Glossary" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 614 This glossary of technical terms was prepared to facilitate the use of the Corrective Action Plan (CAP) issued by OSWER on November 14, 1986. The CAP presents model scopes of work for all phases of a corrective action program, including the RCRA Facility Investigation (RFI), Corrective Measures Study (CMS), Corrective Measures Implementation (CMI), and interim measures. The Corrective Action Glossary includes brief definitions of the technical terms used in the CAP and explains how they are used. In addition, expected ranges (where applicable) are provided. Parameters or terms not discussed in the CAP, but commonly associated with site investigations or remediations, are also included. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW TITLE: "The Emergency Planning and Community Right-to-Know Act Section 313 Enforcement Response Policy" AVAILABILITY: SARA Title III Hotline EPA ORDER NO.: N/A This new enforcement policy clarifies the regulations outlined in 40 CFR Section 372.18 and revises the Enforcement Response Policy for Section 313 of the Emergency Planning and Community Right-to-Know Act of December 1988. OTHER TITLE: "Monthly Hotline Report" AVAILABILITY: NTIS NTIS ORDER NO.: See below Yearly Subscription PB92-922 400 530-R-92-014 January 1992 PB92-922 401 530-R-92-014a February 1992 PB92-922 402 530-R-92-014b March 1992 PB92-922 403 530-R-92-014c April 1992 PB92-922 404 530-R-92-014d May 1992 PB92-922 405 530-R-92-014e June 1992 PB92-922 406 530-R-92-014f July 1992 PB92-922 407 530-R-92-014g August 1992 PB92-922 408 530-R-92-014h The reports contain questions that required EPA resolution or were frequently asked, publications availability, Federal Register summaries, and Hotline call statistics.