Monthly Hotline Report January 1993 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-93-004a NTIS Number: PB93-922401 Hotline Questions and Answers RCRA 1. Soil Case-by-Case Extension EPA established a generic case-by-case extension of the land disposal restrictions effective date for soils contaminated with Third Third wastes that have treatment standards based on incineration, vitrification, or mercury retorting in the October 20, 1992, Federal Register (57 FR 47772). This extension allows soils contaminated with these wastes to be land disposed without meeting Part 268, Subpart D treatment standards provided that the generator or owner/operator complies with certain recordkeeping requirements (57 FR 47775-47776). Treatment standards for both arsenic (D004) and lead (D008) were promulgated in the Third Third final rule. Since the treatment standard for D004 is based on vitrification (55 FR 22556; June 1, 1992), soil that exhibits the toxicity characteristic (and the characteristic of EP toxicity) for arsenic qualifies for the case-by-case extension. The treatment standard for D008 (lead) is based on stabilization (55 FR 22565); soil that exhibits the toxicity characteristic (and EP) for D008 only does not qualify for the extension. Does soil that exhibits the TC (and EP) for both lead and arsenic qualify for the generic case-by-case extension? Soil that exhibits the TC (and EP) for both lead and arsenic qualifies for the generic soil case-by-case extension, and need not be treated to meet either the lead (D008) or the arsenic (D004) treatment standard until May 8, 1993. When soil is contaminated with two or more Third Third wastes, the soil qualifies for the October 20, 1992, generic case-by-case extension as long as at least one of the Third Third wastes with which it is contaminated has a treatment standard based on incineration, vitrification, or mercury retorting, or if it is contaminated with radioactive mixed waste. Soil that is contaminated with an eligible Third Third waste and a Second Third waste also qualifies for the case-by-case extension, since the maximum period allowable for capacity extensions under RCRA Section 3004(h) is four years, and four years have not yet passed since the treatment standards for Second Third wastes were promulgated. If soil is contaminated with a Third Third waste that is eligible for the extension and a solvent, dioxin, California list, or First Third waste, however, the soil must meet the treatment standard for the non-Third Third waste before it can be land disposed. Any other interpretation would result in EPA extending the date of a prohibition beyond the dates established by Congress, and therefore beyond EPA's legal authority (see the June 1, 1990, Federal Register; 55 FR 22650). For example, if soil is contaminated with D004 and an F-listed spent solvent waste (e.g., F001), the soil must be treated to meet the F001 treatment standard prior to disposal. Note that EPA promulgated treatment standards for four newly listed F002 and F005 solvent constituents in the Third Third final rule (1,1,2-trichloroethane; benzene; 2-ethoxyethanol; and 2-nitropropane). Unlike all other F001-F005 spent solvent wastes which had treatment standards promulgated in the November 7, 1986, Federal Register (51 FR 40572), these newly listed F002 and F005 solvents are considered Third Third wastes. F002- and F005-contaminated soil that contains one or more of the four newly listed solvent constituents and no other F-listed solvent constituents is eligible for the soil case-by-case extension, since the nonwastewater treatment standards for these F002 and F005 constituents are based on incineration (see 55 FR 22577-22578). CERCLA 2. Land Disposal Restrictions as ARARs at Superfund Sites During a remedial investigation at a National Priorities List (NPL) site, activities generate soil contaminated with a restricted RCRA hazardous waste. The soil is stored in containers within the area of contamination (AOC) for several months, and subsequently returned to its source. Does this on-site disposal activity require compliance with RCRA land disposal restrictions (LDR)? In order to trigger LDR, on-site disposal activity must constitute placement of a restricted waste in a land disposal unit. According to the National Contingency Plan (NCP), placement occurs when wastes from different AOCs are consolidated into one AOC, when wastes are moved out of an AOC (for treatment or storage) and returned to the same or different AOC, or when wastes are excavated from an AOC, placed in a separate hazardous waste management unit such as an incinerator or tank that is within the AOC, and then redeposited into the same AOC (55 FR 9759; March 8, 1990). The NCP further states that placement does not occur when wastes are treated in situ, capped in place, consolidated within the AOC, or processed within the AOC to improve its structural stability (but not in a separate hazardous waste management unit, such as a tank). The scenario presented in this question does not constitute placement because the definition of a hazardous waste management unit (40 CFR Section 260.10) states that "[a] container alone does not constitute a unit; the unit includes the containers and the land or pad upon which they are placed." Therefore, returning waste that has been stored within the AOC in containers (not tanks or other RCRA-regulated units) to its source does not constitute land disposal, as long as the containers are not managed in such a manner as to constitute a RCRA storage unit as defined in 40 CFR Section 260.10. 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: "RCRA Ground-Water Monitoring: Draft Technical Guidance" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-139 350 This document updates technical information in Chapter 11 of the SW-846 and the Technical Enforcement Guidance Document (TEGD). Whereas the TEGD was primarily directed toward owners and operators of interim status facilities, this document is primarily directed toward owners and operators of permitted facilities that must conduct groundwater monitoring. TITLE: "Environmental Fact Sheet: EPA Issues Final Rules for Corrctive Action Management Units and Temporary Units" AVAILABILITY: Hotline EPA ORDER NO.: 530-F-93-001 To address the issue of contamination at facilities, EPA finalized regulations that provide for the use of corrective action management units (CAMUs) when cleaning up RCRA and Superfund sites. Use of the CAMU concept will ensure more efficient cleanup plans, and will promote the use of more innovative treatment technologies. TITLE: "Environmental Fact Sheet: Proposed Modifications to the Hazardous Waste Recycling Program" AVAILABILITY: Hotline EPA ORDER NO.: 530-F-93-002 EPA has proposed a program under which certain common post-user items that are hazardous would be collected and separated from the municipal solid wastestream. These "universal" wastes are characterized as being generated in various settings and in vast quantities. Items such as nickel-cadmium batteries and pesticides, which previously were not considered hazardous, may exhibit the toxicity characteristic, making them subject to hazardous waste regulations. CERCLA TITLE: "Superfund at Work: Hazardous Waste Cleanup Efforts Nationwide (Wells G&H)" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 601 This "Superfund at Work" bulletin series profiles hazardous waste sites nationwide. This issue profiles Superfund cleanup efforts at the Wells G&H site in Woburn, Massachusetts. TITLE: "OSWER Superfund Telephone Directory" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 289 This directory provides telephone numbers of EPA Headquarters and Regional Office of Solid Waste and Emergency Response Superfund personnel. It supersedes the directory from February 1990. TITLE: "Superfund Records of Decision Update; Volume 7, Number 2" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 256 This issue of the "Record of Decision (ROD) Update" provides a list of RODs signed in FY 1992 and brief descriptive information for each site. These descriptions include site name, type, threat or problem, selected remedy, and EPA Headquarters and Regional contacts. TITLE: "Superfund Progress, Fall/Winter 1992" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 254 This issue of "Superfund Progress" provides information on Superfund training programs, promoting local involvement in Superfund, and a Superfund 1992 progress report. TITLE: "Superfund Progress Aficionado's Version, Fall/Winter 1992" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 255 This issue of "Superfund Progress, Aficionado's Version" provides facts and figures as of September 30, 1992, for National Priorities List (NPL) site distribution, emergency removals, and preliminary assessments/site inspections. This document also includes facts on remedial investigations/feasibility studies, records of decision (RODs), remedial actions, and enforcement. TITLE: "Guidance on Implementation of the Superfund Accelerated Cleanup Model (SACM) under CERCLA and the NCP" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 252 This directive provides a more precise description of the Superfund Accelerated Cleanup Model (SACM) in order to ensure its consistent application with CERCLA and the NCP. Specifically, this directive discusses SACM's relationship to CERCLA and the NCP, its effect on current response action procedures, non-time critical removal actions and potentially responsible party (PRP) searches. TITLE: "Exercising Flexibility Through the Superfund Accelerated Cleanup Model (SACM)" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 253 This memorandum reaffirms the Office of Solid Waste and Emergency Response's commitment to supporting regional offices in soundly based decision-making while implementing the Superfund Accelerated Cleanup Model. This document supplements Guidance on Implementation of the Superfund Accelerated Cleanup Model (SACM) under CERCLA and the NCP. TITLE: "Mentor-Protege Program AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 251 This document presents the conceptual framework and understanding of the mentor-protege program being introduced and developed within EPA. The goal of the program is to stimulate the participation of small disadvantaged businesses in EPA's contract base. TITLE: "EPA Fact Sheet: Mentor-Protege Program" AVAILABILITY: NTIS NTIS ORDER NO.: PR940 This fact sheet provides an overview to the mentor-protege program being introduced and developed at EPA. The goal of the program is to stimulate the participation of small disadvantaged businesses in EPA's contract base. TITLE: "Superfund and Enforcement Program Publications Update; Volume 1, Number 2" AVAILABILITY: NTIS NTIS ORDER NO.: PR881B This bulletin lists Office of Emergency and Remedial Response and Office of Waste Program Enforcement publications issued from October 1991 to September 1992. This document supplements the 1992 Compendium of Superfund Program Publications. TITLE: "The Superfund Accelerated Cleanup Model (SACM); Volume 1, Number 4" AVAILABILITY: NTIS ORDER NO.: PB92-963 287 This document is the fourth in a series of intermittent bulletins designed to inform the public on the use of presumptive remedies at Superfund sites. This issue provides an overview of the Superfund Accelerated Cleanup Model (SACM). TITLE: "Superfund: Report of the EPA Revitalization Public Meeting Held on June 24, 1992" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 288 On June 24, 1992, the Superfund Revitalization Office held a meeting to encourage public participation in identifying innovative, nontraditional approaches to expedite the Superfund cleanup process. This report documents suggestions and written comments that were made by attendees at the meeting, as well as written comments that were prepared specifically to address the issues discussed at the meeting. This report also provides a summary of EPA follow-up actions currently under consideration. TITLE: "Superfund Emergency Response Actions: A Summary of Federally Funded Removals; Volume 6" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 421 EPA publishes the "Superfund Emergency Response Actions Summary," to provide the public with valuable information about Superfund removal actions undertaken by EPA. This document is updated annually. This is the sixth annual report summarizing the Superfund removal actions completed by EPA between October 1990 and September 1991. OTHER TITLE: "Monthly Hotline Report" AVAILABILITY: NTIS NTIS ORDER NO.: See below Yearly subscription: PB93-922 400 530-R-93-004 January 1993: PB93-922 401 530-R-93-004a The reports contain questions that required EPA resolution or were frequently asked, publications availability, Federal Register summaries, and call statistics.