Monthly Hotline Report February 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-92-014b NTIS Number: PB92-922402 Hotline Questions and Answers RCRA 1. Speculative Accumulation Calculation In March 1991, a facility generated 200 kg of sludge that exhibited the toxicity characteristic (TC) for lead (D008). The operator of the facility placed these materials in storage to await reclamation of lead. At that time, the facility was not accumulating any other recyclable materials. Since the sludge will be reclaimed, it is not considered a solid waste while stored prior to reclamation (40 CFR Section 261.2(c)(3)). On December 31, 1991, the facility still had not recycled any of this material. Is the sludge accumulated speculatively under Section 261.1(c)(8), since 75 percent was not recycled in the year, and therefore subject to management as a solid and hazardous waste? No, the sludge would not be accumulated speculatively. Although it is accumulated before being recycled, it is not accumulated speculatively if the person accumulating it can show that (1) the material is potentially recyclable and has a feasible means of being recycled, and (2) during the calendar year (commencing on January 1) the amount of material that is recycled or sent for recycling equals at least 75 percent of the amount of that material accumulated at the beginning of the period (Section 261.1(c)(8)). A facility owner/operator must show that he or she has recycled 75 percent of the material in storage on January 1 of that year. "Under this provision, the amount of material turned over in a year is critical, not the total amount accumulated at the end of the year" (48 FR 14490; April 4, 1983). For the above facility, the amount of material in storage on January 1, 1991, was zero, so on December 31, 1991, the operator does not have to show that any amount was recycled during the calendar year. On January 1, 1992, however, 200 kg of D008 sludge are in storage. Thus, the facility must be able to show that 75 percent of this material, or 150 kg, has been recycled or sent for recycling by December 31, 1992. If the operator cannot demonstrate this 75 percent recycling rate, the sludge remaining in storage is said to be accumulated speculatively and becomes subject to regulation as a solid waste. Because it exhibits a characteristic, the generator must begin to handle the material as a hazardous waste. The Agency notes that "this approach could allow essentially a free year to accumulate where a generator starts a year with little or no waste" (48 FR 14490; April 4, 1983). The period of one calendar year starting on January 1 was selected, however, to facilitate enforcement and achieve uniformity (50 FR 635; January 4, 1985). In making the above calculation, the 75 percent requirement applies to all materials of the same class being recycled in the same way. If this facility also generated a by-product that exhibited the TC for chromium (D007) and reclaimed it, the owner/operator would make a separate speculative accumulation calculation for this by-product (50 FR 635-6; January 4, 1985). The RCRA regulations provide that certain materials, which would otherwise be considered hazardous waste, will not be regulated as solid waste (and therefore hazardous waste) when they are reclaimed (Section 261.2(c)(3)). The requirement that materials accumulated speculatively be regulated as solid waste was intended to prevent abuse of this exemption. It is only applicable to certain situations, including the reclamation of characteristic sludges and by-products, materials used or reused as ingredients, commercial product substitutes, black liquor, sulfuric acid, and precious metals reclamation. The rule is not applicable to spent materials being reclaimed, listed sludges being reclaimed, or listed by-products being reclaimed, because these materials are already considered solid wastes when awaiting recycling (50 FR 635; January 4, 1985). It also does not apply to commercial chemical products that are stored prior to reclamation, because, by definition, these materials are not regulated as solid wastes until they are abandoned or intended for discard (48 FR 14489; April 4, 1983). 2. Medical Waste Tracking Act Demonstration Program What is the status of the Medical Waste Tracking Act demonstration program, laid out in 40 CFR Part 259? In response to the Medical Waste Tracking Act of 1988 (which amended RCRA by adding Subtitle J), EPA established a two-year demonstration program to track medical waste. The program began June 22, 1989, and ended June 22, 1991. Five States participated in the program: Connecticut, New Jersey, New York, Puerto Rico, and Rhode Island. The program has expired and only some of the Federal recordkeeping regulations are currently in effect. Section 11008 of RCRA required EPA to submit to Congress two interim reports and a final report on medical waste management and the demonstration program. The first and second interim reports were submitted in May 1990 and December 1990. The first interim report summarized information that was then available from the tracking program and outlined an agenda for additional research on each of the 12 specific areas concerning medical waste that were identified in the Act. The second interim report provided a research update and forecast on each of these subject areas. The third and final report will summarize all the information gathered, evaluate the success of the demonstration program, and outline options for managing medical waste. The final report is currently under Agency review and completion is expected late in 1992. After EPA submits the final report, Congress will review the results of the two-year program and determine the most appropriate course of action for medical waste management. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW 3. Threshold Determination Under Section 313 A facility covered under Section 313 of the Emergency Planning and Community Right-to-Know Act manufactures and repairs airplanes. Prior to beginning any repair work, any fuel remaining in the airplane's fuel tanks is emptied by service personnel at the facility. After the repairs are completed, the airplane is refueled with fuel removed from the airplane's fuel tanks and/or new fuel. Should the owner/operator of the manufacturing and repair facility consider the toxic chemicals present in the fuel when making Section 313 threshold and release calculations? Yes. For purposes of Section 313 threshold and release calculations, the toxic chemicals present in the fuel would be considered to be processed because they are being further distributed in commerce. Thus, the toxic chemicals present in the fuel are subject to the 25,000 lb processing threshold. 4. Pesticides Toward TPQ Under SARA Section 302 SARA Section 302 requires owners and operators of facilities that have extremely hazardous substances (EHS's) present above the threshold planning quantity (TPQ) to participate in emergency planning (40 CFR Section 355.30). If a facility has a pesticide sprayed on its grounds without first being stored at the facility, must the amount of EHS present in the pesticide that has been applied be counted towards the TPQ? Under SARA Section 302, an owner or operator must identify any EHS's that are present at the facility and, for each EHS, determine the amount present. If the amount present equals or exceeds the EHS's TPQ, then the facility is subject to emergency planning requirements. In this specific example, the facility would not count the amount of EHS present in the soil toward the EHS's TPQ because it is not present in a contained structure. The definition of facility (40 CFR Section 355.20) includes all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person. This includes man-made structures in which chemicals are purposefully placed or removed through human means such that it functions as a containment structure for human use. Once it is applied, the residual pesticide does not have to be applied toward the threshold determination. It can be considered no longer "present at the facility." This does not, however, exempt the owner or operator from emergency planning requirements for EHS's present above their TPQ at the facility, such as any EHS in a pesticide that is brought on-site prior to application, stored, or present anywhere else at the facility. 5. Release Reporting of Process-Generated Dusts A facility subject to Section 313 of the Emergency Planning and Community Right-to-Know Act processes items containing listed Section 313 toxic chemicals. During processing, dusts are released to air withing the facility and some of this dust settles out within the facility (on rafters, equipment, floors and in adjacent rooms). If a processing threshold is met, how would the facility report the releases of the toxic chemicals present in the dust on the Form R in section 5? The facility must account for the amount of the toxic chemical released to various environmental media. Reporting of releases is based on the entire calendar year. If during the year an amount in dusts that settle out are collected and disposed of, then this would be reported as an amount disposed of on-site or off-site in the appropriate section of Form R (e.g., if the dusts are sent off-site for disposal they would be reported in Part II, Section 6.2). Any amount of toxic chemical in dusts that remain airborne would be reported as a fugitive release. Amounts released that settle out on facility structures or equipment that are not collected and disposed of should be reported in Section 5.5.4 of Form R as a release to land on-site. 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 (is any) listed under the document. RCRA TITLE: "EPA Fact Sheet: EPA Issues Interim Final Regulations on the 'Mixture' and 'Derived-From' Rules" AVAILABILITY: Hotline EPA ORDER NO.: EPA/530-F-92-002 On May 19, 1980, EPA published the final rules governing the management of hazardous waste. As part of these rules, EPA defined "hazardous wastes" to include waste resulting from mixing or otherwise managing hazardous waste. These rules are known, respectively as the "mixture" and "derived-from rules." CERCLA TITLE: "Estimating Potential for Occurrence of Dense Nonaqueous Phase Liquids (DNAPL) at Superfund Sites" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 338 Sites affected by DNAPL may require a different conceptual framework to develop effective characterization and remedial actions. This fact sheet describes the approach used in developing a guide for estimating the potential for DNAPL occurrences and to help site personnel determine if DNAPL-based characterization strategies should be employed at a particular site. TITLE: "CERCLA Reporting Requirements for Releases of Ethylene Glycol from Airplane De-Icing Operations" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 402 This directive provides EPA's interpretation of reporting requirements under CERCLA Section 103(a) for ethylene glycol releases that occur in connection with airplane de-icing operations. Specifically, this directive sets forth the Agency's position on the applicability of the Federally permitted release exemption and the continuous release reporting regulation to de-icing operations involving releases of ethylene glycol. OTHER TITLE: "Monthly Hotline Report" AVAILABILITY: NTIS NTIS ORDER NO.: See below Yearly subscription: PB92-922 400 (eff. 1992) January 1992: PB92-922 401 February 1992: PB92-922 402 The reports contain questions that required EPA resolution or were frequently asked, publications availability, Federal Register summaries, and call statistics.