Monthly Hotline Report June 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-93-004f NTIS Number: PB93-922406 Hotline Questions and Answers RCRA 1. Sample Holding Times and Validity of Analytical Results When characterizing waste as hazardous or nonhazardous under RCRA Subtitle C, Section 262.11 provides that a generator has the option of either applying knowledge of the hazardous characteristics of the waste or testing the waste. If the generator chooses to test a waste to determine if it exhibits the toxicity characteristic under 40 CFR Section 261.24, the Toxicity Characteristic Leaching Procedure - Method 1311 (TCLP) must be used to generate a waste extract. This extract is then analyzed for the 39 constituents listed in Table 1 of Section 261.24. To ensure that accurate results are obtained, there are specific quality control measures for the extraction and analysis procedures, including limits on the amount of time samples can be held during testing. When these sample holding times are exceeded, can the results of constituent analysis on a TCLP extract still be used to determine if a waste exhibits the toxicity characteristic? When sample holding times are exceeded, TCLP analytical results will be considered the minimum amount that could leach from the waste; an identical sample analyzed within the prescribed holding times might yield higher concentrations of toxicity characteristic constituents (Part 261, Appendix II, Section 8.4). EPA's manual Test Methods for Evaluating Solid Waste: Physical/Chemical Methods (SW-846, Second Edition) defines sample holding time as the storage time allowed between field collection of a sample and completion of analysis in a laboratory. Specific maximum holding times are set for quality assurance and quality control purposes. Certain constituents in waste, such as volatile organic compounds, can degrade or volatilize over time. When constituents in a sample are lost through these natural chemical processes, analytical measurements become inaccurate. To limit sample degradation, maximum holding times are developed based on the propensity of the waste constituents to degrade or volatilize. General guidelines for sample holding times are presented in Volume 1, Chapters 2, 3, and 4 of SW-846, and additional method-specific requirements may appear in the individual test methods themselves. Outlined in section 8.4 of Method 1311(Part 261, Appendix II), maximum TCLP sample holding times range from a total of 28 days for volatiles to 360 days for metals. These overall time frames are further broken down, specifying the length of time allowed for each step in the analytical process. For example, volatile samples are allowed 14 days for leachate extraction and another 14 days for constituent analysis, while the breakdown for semivolatiles allows 14 days for leachate extraction, 7 days for extract preparation, and 40 days for constituent analysis. When sample holding times are exceeded, measurements may be inaccurate and the TCLP analysis may be invalid or inconclusive. When analysis is conducted after a sample holding time is exceeded, however, the results may still have limited applicability. Because some constituents are lost through volatilization or degradation while awaiting testing, constituent concentrations in expired samples will be lower than if the sample were fresh. If a sample exceeds a recommended holding time and analysis demonstrates that concentrations are above the regulatory threshold for one or more constituents, then these concentrations can be treated as minimum values and the waste is hazardous for the toxicity characteristic. No further testing is required. If, on the other hand, a sample exceeds a recommended holding time and analysis demonstrates that concentrations are below the regulatory threshold for one or more constituents, further testing may be necessary to demonstrate that the waste is nonhazardous. If the generator chooses to conduct further testing, additional samples would be required to ensure accurate measurement of constituents and to provide a definitive waste determination under RCRA Subtitle C. 2. Containment Buildings at Permitted and Interim Status Facilities EPA recently promulgated regulations for containment buildings, a new type of hazardous waste management unit used for treatment and storage of hazardous wastes. What procedures must permitted and interim status facilities follow when adding containment buildings? On August 18, 1992, EPA promulgated a rule defining and establishing management standards for a new type of unit called a containment building (57 FR 37194; August 18, 1992). A facility operating under a RCRA permit may seek to add containment buildings to its permitted operations in two situations -- it may seek to convert existing units (e.g., enclosed waste piles) to containment buildings, or it may seek to construct new containment buildings. With respect to the first situation, EPA believes that many facilities will convert their existing enclosed waste piles to containment buildings (57 FR 37218). This will require a Class 2 modification (57 FR 37218; 40 CFR Section 270.42, Appendix I, Item I, 6). Construction to implement Class 2 changes generally may commence 60 days after submission of the permit modification request (Section 270.42(b)(8)). If the Agency does not respond within 90 days (or 120 days if the Agency requests an extension), the facility is automatically authorized to conduct the requested activity for 180 days. During this time, the facility is required to comply with applicable Part 265 standards in conducting the activity (Section 270.42(b)(6)(iii)). The construction of new containment buildings requires a Class 2 or 3 permit modification, depending on whether the addition of the buildings increases the facility's containment building storage or treatment capacity by more than 25 percent (57 FR 37281; Section 270.42, Appendix I, Item M, 1). Class 3 modifications are required at facilities with no existing containment building capacity. Class 3 permit modifications require formal EPA approval; there is no deadline for Agency action and no provision for automatic authorization in the absence of an Agency decision (53 FR 37919). Permitted facilities may apply for a temporary authorization under Section 270.42(e). A temporary authorization may be granted for up to 180 days and may be reissued for an additional 180 days provided that the facility has submitted a request for a permit modification. Requests for temporary authorization must demonstrate compliance with Part 264 standards and also meet the criteria in Section 270.42(e) for approval. A facility operating under interim status may add new treatment processes or additional treatment or storage capacity, such as containment buildings, by using existing procedures for changes during interim status under Sections 270.72(a)(2) and (a)(3). The facility must submit a revised Part A permit application and a justification explaining the need for the change, which must be approved by EPA before implementing any construction. According to Section 270.72(b), changes generally may not be made if they amount to reconstruction of the hazardous waste management facility. The Agency considers the facility "reconstructed" if the capital investment for the changes to the facility exceed 50 percent of the capital cost of a comparable, entirely new hazardous waste management facility (57 FR 37242). The reconstruction limit does not apply, however, if the changes are made in order to treat or store in tanks, containers, or containment buildings provided that the changes are made solely to comply with Part 268 (Section 270.72(b)(6)). Containment buildings are not considered newly regulated units. In the August 18, 1992, Federal Register, EPA simply reclassified existing units, which may have been classified as indoor waste piles or certain miscellaneous units, as containment buildings in order to facilitate treatment of hazardous debris and other wastes. The procedural provisions for newly regulated units are thus not applicable to owners and operators of facilities that want to construct containment buildings. For instance, Sections 270.42(g) and 270.72(a)(6), which allow continued management of hazardous wastes in newly regulated units without prior Agency action, cannot be used to add containment buildings to a facility. Likewise, facilities that do not currently manage hazardous waste and want to begin managing hazardous waste in containment buildings or to construct containment buildings for the management of hazardous waste may not gain interim status. The facility must first obtain a RCRA permit before any construction or waste management activities may begin (57 FR 36241-36242). Generators also may add containment buildings for accumulating and treating hazardous wastes. Under Section 262.34, generators may accumulate or treat hazardous waste in on-site tanks or containers for up to 90 days without a permit as long as the applicable Part 265, Subpart I (for containers) or Subpart J (for tanks) standards are followed. The August 18, 1992, Federal Register also applied this provision to containment buildings. The units must be in compliance with Part 265, Subpart DD standards, and with certain recordkeeping requirements. 3. Closure Timetable Following Termination of Interim Status According to 40 CFR Section 270.73(g), interim status terminates on November 8, 1992, for any facility, other than a land disposal or incinerator facility, that achieved interim status prior to November 8, 1984, unless the facility's owner or operator submitted a RCRA Part B permit application by November 8, 1988. A hazardous waste tank storage facility has operated under interim status since 1982, but the facility's owner/operator failed to submit a Part B permit application prior to the 1988 deadline. Assuming the facility does not have an approved closure plan, what deadlines must the owner/operator meet in submitting a closure plan and conducting closure activities in accordance with Part 265, Subpart G, following the loss of interim status in November 1992? Because the owner/operator failed to submit a Part B permit application prior to November 8, 1988, the tank storage facility loses interim status on November 8, 1992 (Section 270.73(g)). Section 265.112(d)(3) requires the owner/operator to submit a closure plan to the Regional Administrator no later than 15 days after termination of interim status, except when a permit is issued simultaneously. Accordingly, the owner/operator of the tank storage facility was required to submit a closure plan no later than November 23, 1992. Assuming the facility's closure plan is approved after November 8, 1992, the date of approval of the closure plan triggers the series of deadlines for subsequent activities. Within 90 days following approval of the closure plan, the owner/operator of the tank storage facility must treat, remove from the facility, or dispose of on-site all hazardous wastes in accordance with the approved closure plan (Section 265.113(a)). Similarly, within 180 days following approval of the closure plan the owner/operator must complete closure activities in accordance with theapproved closure plan (Section 265.113(b)). The Regional Administrator may approve longer time periods if the owner/operator makes certain demonstrations, specified in Sections 265.113(a)(1) and 265.113(a)(2) for treatment, removal, or disposal of hazardous wastes and in Sections 265.113(b)(1) and 265.113(b)(2) for completion of closure activities. After final closure of the tank storage facility is complete, the owner/operator has up to 60 days to submit a certification of closure to the Regional Administrator (Section 265.115). This document, signed by both the owner/operator and an independent registered professional engineer, certifies that the facility has been closed in accordance with the specifications of the approved closure plan. Within 60 days after receiving a satisfactory certification of closure, the Regional Administrator will notify the owner/operator in writing that he/she is no longer subject to financial assurance requirements for final closure (Section 265.143(h)). 4. Unused Formulations of Agent Orange During the Vietnam War an estimated 44 million pounds of the herbicide Agent Orange were formulated for use as a defoliant. Currently there are several United States military posts in possession of unused formulations of this herbicide. Upon disposal, would the herbicide Agent Orange be regulated as a hazardous waste under RCRA Subtitle C? Unused formulations of Agent Orange would meet the F027 hazardous waste listing when disposed of. The active herbicidal components of Agent Orange are equal quantities of 2,4,-dichlorophenoxyacetic acid (2,4-D) and 2,4,5-trichlorophenoxyacetic acid (2,4,5-T), which are both derived from the synthesis of chlorophenols and chlorophenoxy compounds. The listing description of F027 includes discarded unused formulations containing compounds derived from tri-, tetra-, or pentachlorophenol. Since Agent Orange contains a compound derived from the synthesis of trichlorophenol (i.e., 2,4,5-T), it is appropriately classified as F027 upon disposal. CERCLA 5. State Authority in Selecting the Remedy at State-lead Superfund Sites CERCLA Section 121(f) provides for "substantial and meaningful" involvement by each state in the initiation, development, and selection of remedial actions to be undertaken at Superfund sites in that state. In addition, CERCLA Section 104(d)(1) provides for states to assume the lead at Fund-financed sites through Cooperative Agreements. The lead agency is responsible for preparing the Record of Decision (ROD) and other primary documents. If a state is designated as the lead agency at a Fund-financed site and there is controversy over the remedy, does the final authority over remedy selection rest with EPA or the state agency? EPA retains final decision-making authority in selecting the remedy at Fund-financed sites even when the state is the lead agency. Before a state may proceed with a Fund-financed response action, EPA must first concur with and adopt the ROD. Pursuant to 40 CFR Section 300.515(e)(2)(ii), unless EPA's Assistant Administrator for Solid Waste and Emergency Response or Regional Administrator concurs in writing with a state-prepared ROD, EPA is not deemed to have approved the state decision and the remedy may not be initiated. According to the preamble to the National Contingency Plan (NCP), "EPA believes that, although Congress contemplated an increased role for states in the remedial process through the enactment of CERCLA Section 121(f), it should retain primary responsibility for the federal Superfund program." In addition, the NCP notes that retaining authority for final remedy selection within EPA (rather than dispersing it among the 50 states and EPA) furthers the goal for consistent implementation of remedies at sites (55 FR 8666, 8783). NEW PUBLICATIONS HOW TO ORDER . NTIS Publications are available by calling (703) 487-4650, or writing NTIS, 5285 Port Royal Road, Springfield, VA 22161. Use the NTIS Order Number listed under the document. EPA Publications are available through the Hotline. Use the EPA Order Number listed under the document. RCRA/SF/OUST 1-800-424-9346 EPCRA/Title III 1-800-424-9346 local 703-412-9810 local 703-412-9877 RCRA TITLE: "Used Dry Cell Batteries: Is A Collection Program Right for Your Community?" AVAILABILITY: Hotline EPA ORDER NO.: EPA530-K-92-006 This handbook is designed to assist communities in deciding whether establishing a program to collect used dry cell batteries would be beneficial. It addresses the creation and management of a collection program and provides examples of existing collection programs and state legislation. Issues such as public education, program costs, and program effectiveness are also addressed. The handbook includes statistics dating back to 1975 on the contribution of batteries to the municipal solid wastestream and describes future trends in the quantity of batteries in the municipal solid wastestream. The handbook lists reference materials and recyclers of dry cell batteries in the United States. TITLE: "Household Hazardous Waste: Steps to Safe Management" AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-92-031 This pamphet presents safe management practices for household hazardous wastes such as cleaning solutions, paints, pesticides, car batteries, and motor oil that can be potential risks to humans and the environment. It also provides an introduction to issues such as source reduction, recycling, and possible hazards of improper handling. Additionally, the pamphlet lists reference documents that are available through EPA which address the household hazardous waste issue. TITLE: "Markets for Recovered Aluminum" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-170 132 This document presents a general overview of the recycling market for aluminum. Aimed at the general public, it addresses factors such as growth and trends in the aluminum market, government policies, supply and demand for scrap aluminum, and information about initiatives to increase aluminum recycling. The document includes statistics from 1970 to 1990, and lists useful reference materials regarding the aluminum market. TITLE: "Summary of Markets for Recovered Aluminum" AVAILABILITY: Hotline EPA ORDER NO.: EPA530-SW-90-072B This booklet summarizes EPA's Markets For Recovered Aluminum. It descibes factors affecting the current supply and demand for recovered aluminum, and provides information on future market trends. CERCLA TITLE: "Quality Assurance for Superfund Environmental Data Collection Activities" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 273 This fact sheet provides Superfund program participants with an overview of Superfund quality assurance requirements for data collection activities. The information in the fact sheet is pertinent to all Superfund site managers, including remedial project managers (RPMs), site assessment managers (SAMs), and on-scene coordinators (OSCs). TITLE: "Further Direction on Implementing the Superfund Accelerated Cleanup Model (SACM)" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 291 This memorandum provides a summary of progress to date in implementing SACM. Additionally, the memorandum provides an overview of goals and strategies for the full implementation of SACM in the 1994 fiscal year. TITLE: "Ensuring the Adequacy of Cost Share Provision in Superfund Contracts" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 336 This memorandum requests Regional offices to re-examine existing Superfund State Contracts (SSCs) for Fund-financed remedial actions to verify that they adequately reflect incurred and projected remedial action costs. The memorandum provides a general overview of the subject, and includes an attached statement given by Administrator Browner to the House Energy and Commerce Subcommittee on the subject of contracts management. TITLE: "Response Action Contractor Final Indemnification Guidelines" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 290 This intermittent bulletin issued by the Superfund Revitalization Office provides an update on current indemnification issues and resolutions. Specifically, this bulletin announces the establishment of an indemnification hotline that will address issues, questions, and concerns regarding response action contractor indemnification. TITLE: "Superfund At Work: Hazardous Waste Cleanup Efforts Nationwide (French Limited)" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 609 The "Superfund at Work" bulletin series profiles hazardous waste sites nationwide. This issue provides an overview of the cleanup at the French Limited Site in Harris, Texas. TITLE: "Superfund at Work: Hazardous Waste Cleanup Efforts Nationwide (Old Midland Products)" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 608 The "Superfund at Work" bulletin series profiles hazardous waste sites nationwide. This issue provides an overview of the cleanup at the Old Midland Products Site in Yell, Arkansas. TITLE: "Superfund Administrative Improvements: Final Report" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 295 On June 22, 1993, Deputy Administrator Robert Sussman announced an agenda for making further improvements to the Superfund program. These administrative improvements are designed to enhance enforcement fairness, cleanup effectiveness, public involvement, state rules, and reduce transaction costs. This report outlines these administrative improvements and establishes target dates for completion of these initiatives. 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 February 1993 PB93-922 402 530-R-93-004b March 1993 PB93-922 403 530-R-93-004c April 1993 PB93-922 404 530-R-93-004d May 1993 PB93-922 405 530-R-93-004e June 1993 PB93-922 406 530-R-93-004f The reports contain questions that required EPA resolution or were frequently asked, publications availability, Federal Register summaries, and Hotline call statistics.