United States
Environmental Protection
Agency
Solid Waste and
Emergency Response
(OS-305)
PB92-131 390
EPA/530-SW-91-093N
March 1992
vvEPA Inside the Hotline
A Compilation of 1991 Monthly
Hotline Reports
U.S. Environmental Pr" :,'ion Agency ^ Printed on Recycled Paper
. ,.
Chicago, iL w
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RCRA/SF/OUST Hotline
National Toll Free No : 800-424-9346
Emergency Planning and Community
Right-to-Know Hotline
National Toll Free No.: 800-535-0202
This report is in support of Contract No. 68-WO-0039.
EPA Project Officer. Barbara Roth, (202) 260-2858
U.S. Environmental Protection Agency
Washington, DC 20460
ISBN 0-16-036Z23-7
90000
For sale by the U S Government Printing Office
Superintendent of Documents, Mail Stop. SSOP, Washington, DC 20402-9328
ISBN 0-16-0362,?3-7
9 "780160" 362231"
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TABLE OF CONTENTS
INTRODUCTION iii
PART 1: QUESTIONS AND ANSWERS 1
Resource Conservation and Recovery Act (RCRA) 3
Boilers and Industrial Furnaces 3
Generators 4
Land Disposal Restrictions 5
Permits 6
State Programs 7
TSDFs 8
Waste Identification 10
Superfund (SF) 17
Hazardous Substances 17
Notification 18
Reportable Quantities 19
Office of Underground Storage Tanks (OUST) 23
Applicability 23
Regulated Substances 24
Emergency Planning and Community Right-to-Know Act (EPCRA) 25
Hazardous Chemical Inventory Reporting 25
Toxic Chemical Release Inventory 27
PART 2: FEDERAL REGISTER SUMMARIES 37
Resource Conservation and Recovery Act (RCRA) 39
Superfund (SF) 45
Off ice of Underground Storage Tanks (OUST) 47
Emergency Planning and Community Right-to-Know Act (EPCRA) 49
PART 3: INDICES 51
Subject Index 53
Regulatory Citation Index 59
Statutory Index 63
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INTRODUCTION
The Resource Conservation and Recovery Act (RCRA)XSuperfund (SF)/Office of
Underground Storage Tanks (OUST) and Emergency Planning and Community Right-to-
Know (EPCRA) Hotlines were established to respond to inquiries from the regulated
community and the public concerning waste management and disposal regulations. The
Hotline also serves as a referral point on the availability and distribution of program
related documents and published materials.
This document is a compilation of Questions and Answers, and Federal Register Summaries
from individual Monthly Hotline Reports for the period of January to December 1991. It is
divided into three parts: Questions and Answers, Federal Register Summaries, and Indices
to the questions, according to subject matter, regulatory and statutory citations.
It is important that the reader be aware of the purpose and limitations of the information
in this document. Neither the questions nor the Federal Register summaries are intended to
fully represent or be used in place of the regulations. This document can be used by its reader
to explore the application of the regulations in different scenarios or to shed light on
complex issues. For an understanding of the actual regulatory requirements in any given
situation, the reader must consult the appropriate sections of Title 40 of the Code of Federal
Regulations (CFR), pertinent Federal Registers and EPA guidance documents, as well as
relevant State regulations.
This document, Inside the Hotline: A Compilation of 1991 Monthly Hotline Reports, is
available for purchase from the U.S. Department of Commerce, National Technical
Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161,
1 (800) 553-6847 or (703) 487-4650. The NTIS Order No. is: PB92-131 390.
Individual copies of the 1991 Monthly Hotline Reports are also available from NTIS.
Order information is as follows:
January 1991 PB92-131 259
February 1991 PB92-131 267
March 1991 PB92-131 275
April 1991 PB92-131 283
May 1991 PB92-131 291
June 1991 PB92-131 309
July 1991 PB92-131 317
August 1991 PB92-131 325
September 1991 PB92-131 333
October 1991 PB92-131 341
November 1991 PB92-131 358
December 1991 PB92-131 366
January - December 1991 PB92-131 242
111
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PART 1: QUESTIONS AND ANSWERS
All questions and answers are compiled from individual RCRA/Superfund/OUST and
EPCRA Monthly Hotline Reports for the period of January to December 1991 with the
exception of those in the EPCRA section, which have been revised since originally
published. The questions are a result of commonly-asked or significant issues from
Hotline callers. The answers provided have undergone program and legal review,
unless otherwise noted, and often reference other pertinent sources of information such
as CFR citations, Federal Register notices and Agency memoranda.
Again, these explanations and examples of regulatory application are for informational
purposes only, and do not represent the issuance of formal policy or in any way affect the
implementation of the regulations.
Keywords are provided in the left-hand margin at the beginning of each question. The
month the question appeared in the "Hotline Monthly Report" is cited at the end of the
entry. To pinpoint a subject or topic more specific than the general regulatory area
headings, please use the Indices in Part 3. The questions in this section are grouped by EPA
program area, then further grouped under broad, general regulatory areas and titles.
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RESOURCE CONSERVATION
RECOVERY ACT (RCRA)
AND
Boilers And
Industrial
Furnaces (BIFs)
Key Words:
Btu/lb heating value;
certification of compliance;
and recycling
"Sham Recycling Policy As Applied to Certified BIFs"
QUESTION: The February 21,1991, Federal Register (56 FR7134)
promulgated regulations for hazardous waste boilers and industrial
furnaces (BIFs) found at 40 CFR Part 266, Subpart H. The preamble
(page 7183) to the rule explains that prior to certification of compliance
with the emissions standards under §266.103(c), BIFs (other than BIFs
burning waste solely as an ingredient or solely for material recovery) must
comply with EPA's sham recycling policy published in the March 16, 1983,
Federal Register (48 FR 11157). This policy requires burners of hazardous
waste who claim that their burning activities constitute legitimate
recycling to demonstrate that the waste has a heating value of 5,000 Btu/lb
or more. How does the sham recycling policy apply to BIFs which have
certified compliance with the §266.103(c) air emissions standards under the
BIF rule?
ANSWER: Certified BIFs are no longer required to prove that the wastes
they are burning have an as-generated heating value of 5,000 Btu/lb or
more. The requirement that burning be protective of human health and the
environment is now satisfied through compliance with emissions standards.
The February 21, 1991, BIF rule states that the sham recycling policy stays
in effect (except for wastes fed solely as an ingredient or solely for material
recovery) until an existing facility certifies compliance with the emissions
standards of §266.103(c) (56 FR 7149).
The 5,000 Btu/lb policy was intended to prevent the burning of hazardous
wastes for destruction purposes (i.e., incineration) rather than for energy
recovery in units which do not meet incinerator standards. Wastes going to
boilers which are not legitimately burning for energy recovery are likely to
vent hazardous contaminants to the atmosphere as unburned or partially
burned combustion products, presenting a risk to human health and the
environment. By requiring burners to demonstrate that a waste's heating
value is greater than or equal to 5,000 Btu/lb, the Agency is able to assure a
high enough temperature and long enough residence time in the boiler to
destroy hazardous constituents at a rate which is protective of human
health and the environment. After certification of compliance, however,
protection of human health and the environment will be achieved through
the new air emission standards. (October 1991 Monthly Hotline Report)
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Generators
Key Words:
Hazardous waste definition;
LDR treatment standard;
recordkeeping; waste code;
and generators
"Generator Waste Determination and Land Disposal
Restrictions (LDR) Recordkeeping Modifications"
QUESTION: The Land Disposal Restrictions (LDR) Third Third final rule
(55 FR 22520; June 1,1990) revised the waste identification requirements of
40 CFR §262.11. Prior to the revision, §262.11 set out an either/or scheme
where, if the generator determined that a waste was listed in Part 261,
Subpart D, he or she need not determine whether the waste exhibited a
characteristic under Part 261, Subpart C. With the promulgation of the
Third Third rule, the Agency amended §262.11 to indicate that generators
must determine whether listed wastes also exhibit any hazardous waste
characteristics for purposes of compliance with LDR.
A generator is required to develop and maintain records for hazardous
waste under two regulatory programs: LDR (Part 268) and generator
standards (Part 262). How does the amended language of 40 CFR §262.11(c)
affect the paperwork associated with these two regulatory programs?
ANSWER: The amended language of §262.11(c) does not affect the
generator paperwork required in Part 262. When a generator determines
that a solid waste is a Part 261, Subpart D hazardous waste, he or she is not
required to determine whether the listed waste exhibits any
characteristics for purposes of filling out Part 262 paperwork such as
generator notification forms (8700-12) and biennial reports. (The generator
may elect to determine whether the waste exhibits a characteristic for his
or her own information or for other reasons.) On the other hand, the
paperwork of Part 268 must reflect the amended language of §262.11(c),
which states that for the purposes of compliance with Part 268 a generator
must determine if a listed waste is also characteristically hazardous.
The general principal of the §262.11 waste identification modification is
that if both the treatment standard for a listed waste and the treatment
standard for a characteristic waste are in effect for a common constituent,
then the treatment standard for the listed waste applies because it is more
specific. If, however, the treatment standard for the listed waste does not
specifically address the characteristic(s), the waste codes for both the
listed waste and the characteristic waste(s) should be included on the
notification paperwork for §268.7 (55 FR 22659). In the Third Third
technical amendment rule (56 FR 3864; January 31,1991), the Agency
provided an example of this second scenario. K062 is listed for toxicity as
well as for the characteristic of corrosivity. Because the K062 treatment
standard does not specifically address the characteristic of corrosivity,
both K062 and D002 must be included in the §268.7 paperwork (56 FR 3872).
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
"Generator Waste Determination and LDR Recordkeeping
Modifications" (cont'd)
ANSWER (cont'd): There is also a variation of the principle illustrated
above. If the most specific treatment standard is subject to a national
capacity variance or a case-by-case extension and thus is not yet in effect,
then the treatment standard for the most specific waste code that is in
effect must be met. The January 31,1991, Federal Register also provides an
example of this situation. During the K048 variance period from August 8,
1990, until November 8,1990, K048 was subject to the treatment standards
for EP toxic chromium and lead (D007 and D008) since the treatment
standards for these two characteristics were in effect. After the variance
expired for K048, §268.7 notification for the K048 treatment standard
would only apply because the listing treatment standard is more waste-
specific than the two characteristic waste treatment standards (56 FR
3873). (March 1991 Monthly Hotline Report)
Land Disposal
Restrictions
Key Words:
Contained-in; corrective
action; groundwater;
hazardous waste definition;
LDR treatment standard;
and underground injection
"Treatment Standard for Reinjected Groundwater from
Corrective Action"
QUESTION: For the purposes of RCRA corrective action, must all
contaminated groundwater that is withdrawn from an underlying drinking
water aquifer be treated to BDAT standards established in the Land
Disposal Restrictions (LDR) (40 CFR Part 268) prior to reinjection of the
water into the same aquifer?
ANSWER: No. There are two provisions which potentially restrict or
prohibit injection of contaminated groundwater: LDR under RCRA §3004
and the injection prohibition under RCRA §3020(a).
Groundwater which is not contaminated with "hazardous waste" is not
subject to either LDR or §3020. Groundwater which contains hazardous
waste, but for which there is no LDR standard, is subject only to §3020.
RCRA §3020(a) prohibits the disposal of a hazardous waste by
underground injection into or above an aquifer formation which contains an
underground source of drinking water. Section 3020(b) specifies that such
prohibition does not apply to contaminated groundwater which is
reinjected into an aquifer from which it was withdrawn if three criteria are
met: (1) it is part of a corrective action required under RCRA or CERCLA
intended to clean up such contamination; (2) the contaminated groundwater
is treated to substantially reduce hazardous constituents prior to reinjection;
and (3) the proposed corrective action will be sufficient to protect human
health and the environment upon completion.
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
"Treatment Standard for Relnjected Groundwater from
Corrective Action" (cont'd)
ANSWER (cont'd): Groundwater contaminated by a hazardous waste for
which treatment standards have been promulgated is also subject to the
prohibition in § 3020(a). Moreover, EPA has interpreted the waiver
provision under § 3020(b) to also be available for these wastes. (See
OSWER Directive 9234.1-06.) Under this interpretation, the §3004
restrictions otherwise applicable to disposal of contaminated groundwater
have been superceded, where the waste is disposed of by underground
injection, by the restrictions on such disposal under §3020. Thus, if the
implementing agency at a particular site finds that the treatment of
groundwater as part of the response action has "substantially reduced" the
hazardous constituents and the response action is "sufficient to protect
human health and the environment," then the groundwater may be
reinjected even if it does not meet otherwise applicable BDAT
requirements. (April 1991 Monthly Hotline Report)
PERMITS
Key Words:
Generator accumulation;
interim status; Part A permit;
protective filer; and
treatment
"Interim Status Part A Permit Application Withdrawal"
QUESTION: A generator is treating hazardous waste on-site in its 90-day
accumulation tanks. The waste exhibits a toxicity characteristic (TC). A
Part A application for 40 CFR Part 265 interim status was filed prior to the
effective date of the TC rule. The generator subsequently discovered that a
permit is not required for treatment in accumulation tanks provided that
the tanks are operated in strict compliance with all applicable standards
referenced in 40 CFR §262.34 (51 FR10168). What procedures should be
followed for the Part A permit application to be withdrawn? Would the
generator be subject to interim status standards until the application is
withdrawn?
ANSWER: In an internal memorandum, EPA clarified the protective filer
procedures for withdrawal of a Part A permit application. The
memorandum stated that filings for facilities which have not been
regulated under interim status standards should be returned to the owner or
operator, preferably after EPA has (1) obtained written confirmation that
the facility was not subject to the permitting requirements, and (2) possibly
conducted an investigation to verify the data. Such a facility is not subject
to the Part 265 standards prior to the application being withdrawn.
RCRA §3005(e) states that the interim status standards apply to any
person who owns or operates a facility required to have a permit under that
section. If, in fact, the facility has not managed hazardous waste in a
manner that would subject it to regulation, then the Part 265 standards
would not be applicable, even if a Part A permit application had been
mistakenly submitted (as in the case of protective filers). Thus, the
generator would not have to operate or close in accordance with interim
status standards. (June 1991 Monthly Hotline Report)
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
State Programs
Key Words:
Emissions; permit;
recycling; solid waste
definition; and state
program
"Air Emission Permitting and Closed-loop Recycling Units"
QUESTION: A closed-loop recycling unit is located at a treatment, storage,
or disposal facility (TSDF) in Pennsylvania. While 40 CFR §261.4(a)(8)
exempts materials which are reclaimed in these units from the definition
of solid waste, the Commonwealth of Pennsylvania does not honor that
exemption in its State program. The material in the recycling unit,
therefore, becomes hazardous waste under Pennsylvania law.
The June 21,1990, rule on organic air emissions for equipment leaks
(55 FR 25454) provides standards for "equipment that contains or contacts
hazardous wastes with organic concentrations of at least 10 percent by
weight" in units which are subject to permitting under Part 270. Under
Pennsylvania regulations, the closed loop recycling unit is subject to TSDF
permitting. Would this unit be required to comply with the air emissions
standards?
ANSWER: While the closed-loop unit does contain "hazardous waste"
under Pennsylvania regulations, the material inside is not considered solid
waste (and so not a hazardous waste) under the Federal program. This
State provision extends control over a unit not regulated by Federal RCRA
requirements, increasing the size of the regulated community and thus
becoming "broader in scope" than the Federal program. Although the
Federal government retains enforcement authority in authorized States
over State provisions which are more stringent than Federal standards, it
does not have jurisdiction over provisions which are broader in scope (see
OSWER Directive 9541.04(84)). Since the closed-loop unit is only brought
under State regulation by a provision which is not part of the authorized
program, Federal standards, including the air emissions rule, would not
apply.
Until such time as the State revises its program to incorporate the June 21
rule, there is no authority for EPA to enforce the RCRA emissions standards
for the closed-loop unit. It is still possible, however, for the State to write
its own regulations governing air emissions with which the unit would
have to comply. (July 1991 Monthly Hotline Report)
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
TSDFs
Key Words:
Closure; enforcement;
interim status; land disposal
unit; and Part A permit
"Closure and Post-Closure After Loss of Interim Status"
QUESTION: Pursuant to 40 CFR §270.73(c)(2), a Subtitle C land disposal
facility lost its interim status due to the owner/operator's failure to submit
certification that the facility was in compliance with all applicable
groundwater monitoring and financial responsibility requirements. The
owner/operator has been told by his enforcement agency that he is required
to close his facility in accordance with 40 CFR Part 265, Subpart G closure
standards. If the facility has lost its interim status to operate, why should
the owner/operator be required to comply with interim status standards to
close the facility?
ANSWER: According to 40 CFR §265.1(b), the standards of Part 265 are
applicable to interim status facilities until Part 265 closure and post-closure
responsibilities are fulfilled. As EPA explained in the preamble to its
November 21,1984, amendments to the applicability sections of Part 265 (49
FR 46094), EPA has statutory authority under RCRA §3004 to enforce the
Part 265 standards at facilities which no longer have interim status to
operate. The preamble explains that such facilities must close in
accordance with 40 CFR Part 265, Subpart G. The September 25,1985,
Federal Register (50 FR 38949) specifically indicates that compliance with
all applicable closure and post-closure requirements specified in 40 CFR
Part 265, Subpart G is required when a facility has lost its interim status
due to the owner/operator's failure to submit certification of compliance
with all applicable groundwater monitoring and financial requirements to
the Regional Administrator (40 CFR §270.73(c)(2)). Such a facility
owner/operator must, in accordance with 40 CFR §§265.112(d)(3)(i) and
265.118(e)(l), submit a closure and post-closure plan to the Regional
Administrator no later than 15 days after termination of interim status.
(October 1991 Monthly Hotline Report)
Key Words:
Drip pad; F032; F034
F035; waste code; and
wood preserving
"Drip Pad Administrative Stay for Wood Preserving Facilities"
QUESTION: On June 13,1991, EPA announced an administrative stay that
extends the date by which owners and operators of facilities that manage
F032, F034, and F035 wastes on drip pads are required to comply with the
standards of Parts 264/265 Subpart W (56 FR 27332). How does this affect
the management and disposal of wood preserving wastes?
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
"Drip Pad Administrative Stay for Wood Preserving Facilities"
(cont'd)
ANSWER: Three new listings for wastes generated by wood preserving
processes, F032, F034, and F035, were finalized on December 6,1990
(55 FR 50450). Due to the inability of a significant portion of the affected
facilities to comply with the new drip pad standards by the effective date
of June 6,1991, EPA announced an administrative stay that postpones the
applicability of the new listings to certain process areas and drip pads at
facilities that "intend to comply with the Subpart W standards and that
are willing to make bona fide efforts to do so during the stay period" (56 FR
27333). In order to qualify for the stay, by August 6,1991, affected facilities
must have notified the appropriate authorized State or EPA Regional
Office of their intent to comply with the new regulations or to cease
operation (56 FR 27333). By November 6, 1991, affected facilities must
have submitted a second notification providing evidence that they expect
to comply in good faith.
Provided the facility gives proper notice, certain activities which would
otherwise constitute disposal of F032, F034, or F035 wastes into a process
area or onto an existing drip pad are not regulated during the stay.
Nevertheless, the removal or subsequent management of such wastes
outside of the process area or drip pad, including soil contaminated with
these wastes, would be considered generation of a hazardous waste and
cause the waste to become subject to regulation under Subtitle C of RCRA.
The scope of the stay is therefore limited, and applies only to those wood
preserving wastes managed in process areas or on existing drip pads (56 FR
27333). In addition, any active management of previously unregulated
wastes after the expiration of the stay would constitute generation of an
F032, F034, or F035 waste.
Although the administrative stay does postpone the effective date of the
F032, F034, and F035 listings for certain wastes, these wastes may already
be regulated as hazardous if they exhibit the toxicity characteristic (TC).
During the stay, wood preserving wastes which exhibit the TC are subject
to full Subtitle C regulation, and cannot be disposed of on the land except in
a properly permitted land disposal facility. According to 40 CFR
§§264.570(a) and 265.440(a), Subpart W standards "apply to owners and
operators of facilities that use new or existing drip pads to convey treated
wood drippage, precipitation, and/or surface water run-on* to an associated
collection system." Therefore, owners and operators who manage wood
preserving wastes which exhibit the TC on drip pads must be in compliance
with Subpart W (55 FR 50470-71). (June 1991 Monthly Hotline Report)
*NOTE: Per the technical correction notice signed on June 21,1991 (55 FR
50470-71).
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Waste
Identification
Key Words:
Contained-in; corrective
action; F039; groundwater;
hazardous waste definition;
LDR treatment standard;
leachate; underground
injection; and waste code
"Leachate-Contaminated Groundwater"
QUESTION: Hazardous waste migration from an active Subtitle C landfill
has resulted in local groundwater contamination. As part of a corrective
action at the facility, 400 gallons of contaminated groundwater are
withdrawn from the uppermost aquifer and sent off-site for underground
injection. During the course of the cleanup, the facility determined that a
leachate resulting from the disposal of a variety of listed hazardous
wastes is responsible for the contamination. In accordance with the EPA
"contained-in" policy, the groundwater must be managed as a hazardous
waste, (i.e., leachate from the landfill). For purposes of compliance with
the Land Disposal Restrictions (LDR) in 40 CFR Part 268, which hazardous
waste classification and treatment standard would apply to the
groundwater?
ANSWER: The leachate meets the definition of a multisource leachate
that is derived from the treatment, storage or disposal of more than one
listed waste, excluding F020-F023 and F026-F028. In the Third Third LDR
rule promulgated on June 1,1990 (55 FR 22520), EPA. announced its decision to
eliminate the practice of classifying multisource leachate according to the
various listed wastes from which it was derived. In this rule, the Agency
established a separate treatability group for multisource leachate,
classified by a single waste code, F039 (55 FR 22619). The effective date for
this new designation was August 8, 1990, at which time the landfill
facility was required to classify its groundwater, or more precisely, the
multisource leachate contained in the groundwater, as F039 (55 FR 22650).
Although the F039 waste classification became effective on August 8,1990,
EPA granted a two-year national capacity variance until May 8, 1992, for
F039 wastewaters that are destined for underground injection (40 CFR
§148.16). The extension of the effective date was based on EPA's assessment
that current treatment capacity for underground injected F039 wastewaters
was insufficient to require an immediate LDR prohibition effective date (55
FR 22646). During the period in which the variance is in effect, the F039
groundwater mixture, if disposed of in a landfill or surface impoundment,
must be managed in a unit that satisfies the minimum technological
standards in RCRA §3004(o)(l)(A) (40 CFR §268.5(h)(2)). After May 8,
1992, the F039 groundwater must meet the F039 treatment standards for all
applicable constituents as described in 40 CFR §268.43, Table CCW, prior to
underground injection (55 FR 22623-22626). (January 1991 Monthly Hotline
Report)
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Key Words:
Ash; Clean Air Act
Amendments; hazardous
waste definition; and
municipal waste
"Municipal Waste Combustion Ash"
QUESTION: Two cities have recently constructed combustion facilities to
manage municipal solid waste. The first city has an energy recovery plant,
while the second has a non-energy recovery incinerator. Both units
generate fly and bottom ash. Would these types of ash be subject to RCRA
hazardous waste regulations if the ash exhibited the toxicity
characteristic?
ANSWER: No, the ash would not be subject to 40 CFR §261.24 toxicity
characteristic (TO regulation. The Clean Air Act Amendments of 1990
were enacted on November 15,1990. Section 306, entitled "Ash Management
and Disposal," established that for a period of two years after the date of
enactment, Municipal Waste Combustion (MWC) ash from "solid waste
incineration units" would not be regulated as a RCRA Subtitle C waste
should it exhibit a hazardous waste characteristic of ignitability,
corrosivity, reactivity, or toxicity (40 CFR Part 261, Subpart C). (MWC ash
would not be regulated as a hazardous waste under 40 CFR Part 261, Subpart
D since it is not listed.). The description "ash from solid waste incineration
units burning municipal waste" includes fly and bottom ash from both
energy recovery and incineration facilities managing municipal waste.
During the two-year moratorium, however, MWC ash would be subject to:
(1) current Federal regulations in 40 CFR Part 257 governing the disposal of
solid waste, (2) State regulations governing solid waste disposal, and (3)
State regulations governing municipal waste combustion ash disposal or
utilization and reuse, where they exist. See also Environmental Defense
Fund, Inc. v. Wheelaborator Technologies, Inc., Docket No. 90-7437 (2d
Cir., April 24,1991). (May 1991 Monthly Hotline Report)
Key Words:
Commercial chemical
product; hazardous waste
definition; recycling; and
solid waste definition
"Off-specification Circuit Printing Boards"
QUESTION: Periodically, in a circuit board manufacturing process,
individual circuit boards fail to meet manufacturing specification
standards. These units are dismantled and the materials are reclaimed for
use in the construction of new circuit boards. Assuming the circuit boards
would exhibit a hazardous characteristic under 40 CFR Subpart C, would
the dismantling and recycling of the boards be subject to RCRA Subtitle C
hazardous waste regulations?
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
"Off-specification Circuit Printing Boards" (cont'd)
ANSWER: No, reclamation of the off-specification circuit boards would
not be subject to the RCRA Subtitle C hazardous waste regulations because
the circuit boards are not hazardous wastes.
By definition, for a waste to be a hazardous waste, it must be a solid waste
(40 CFR §261.3). To determine whether a material is a solid waste when
reclaimed, it must first be determined whether the material is a spent
material, sludge, byproduct, commercial chemical product, or scrap metal
(40 CFR §261.2(c)(3)). An unused circuit board is classified in the chemical
products category. Although the commercial chemical products category in
Table 1 of 40 CFR §261.2(c)(3) is labeled "commercial chemical products
listed in 40 CFR §261.33," as explained in a Federal Register notice
published on April 11,1985 (50 FR 14219), the status of commercial
chemical products not listed in 40 CFR Part 261 (i.e., those that exhibit
hazardous waste characteristics) is "the same as those that are listed in
§261.33." These materials are normally solid wastes only if thrown away,
and so are not solid waste if reclaimed. Further, the Agency interprets
commercial chemical products to include all types of unused commercial
products that exhibit hazardous waste characteristics, whether or not they
would commonly be considered chemicals (e.g., circuit boards, batteries, and
other types of equipment).
Once it has been determined that the circuit boards are commercial
chemical products, 40 CFR §261.2(c)(3) indicates that they are not solid
wastes when they are to be reclaimed. Since the circuit boards are not solid
wastes, they are not hazardous wastes and the reclamation is not subject to
RCRA Subtitle C hazardous waste regulations. The 40 CFR §261.2(f)
requirement (persons who raise a claim that a material is not a solid waste
must document that they meet the terms of the exemption) also may.be
applicable. (August 1991 Monthly Hotline Report)
Key Words:
F037; F038; hazardous
waste definition; petroleum
refinery waste; and waste
code
"Petroleum Refinery Wastewater Treatment Sludge"
QUESTION: A petroleum refinery produces large volumes of process and
oily cooling wastewaters. Prior to discharge into the facility's privately
owned treatment works, the wastewater undergoes treatment to meet
applicable Clean Water Act discharge limits. At various points
throughout the wastewater treatment process, the facility generates a
sludge which is disposed of in a RCRA Subtitle D landfill. The
November 2,1990, Federal Register (55 FR 46354) promulgated two new
petroleum refinery wastewater treatment sludge listings: F037 and F038.
After May 2, 1991, the effective date of this rule, which of the facility's
treatment sludges will need to be classified according to the new
designations and therefore become subject to RCRA Subtitle C requirements?
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
"Petroleum Refinery Wastewater Treatment Sludge" (cont'd)
ANSWER: In developing the new listings, EPA concluded that sludges
resulting from various petroleum refinery wastewater treatment sources
contain similar levels of hazardous constituents as those generated in
Dissolved Air Flotation (DAF) units and American Petroleum Institute
(API) separators, which are already designated as K048 and K051,
respectively. Consequently, the Agency promulgated the nonspecific source
F037 and FD38 waste listings to ensure that regulatory coverage was
extended to all petroleum floats and sludges resulting from primary
wastewater treatment that are not covered under more unit-specific K
designations (55 FR 46356).
To determine the applicability of the F037 and F038 listings, the facility
must ascertain the origin of the wastewater treatment sludges. Petroleum
refinery process and oily cooling wastewaters are generally treated in two
phases: primary treatment and secondary (biological) treatment. Primary
wastewater treatment in the petroleum refining industry covers only the
two initial stages of treatment which are designed to use physical and
chemical processes to separate oil, water and solids from the wastewater
stream.
Specifically, the F037 listing description is assigned to sludges resulting
from the first stage of primary treatment where gravitational
oil/water/solids separation is performed. The F038 designation pertains to
floats and sludges that arise from the second stage of primary treatment in
which physical and chemical processes are employed to separate
emulsified oil/water/solids from refinery wastewaters (55 FR 46363). Note
that sludges resulting from secondary wastewater treatment, which are
distinguished by the active biological degradation phase that follows
primary treatment, are not covered by the new petroleum refinery sludge
rule.
A final consideration when determining the scope of the F037 and F038
listings is the exemptions for sludges generated from specific situations.
These include (1) sludges generated from stormwater units that do not
receive dry weather flow; (2) sludges (or floats) generated from aggressive
treatment units; and (3) sludges resulting from specific wastewater
treatment units already designated as K048 and/or K051 (55 FR 46358). The
exemptions ensure that only sludges and floats resulting from previously
unregulated activities or activities within the scope of the new listings
(i.e., only primary treatment) are identified as hazardous under the F037
and F038 waste codes. (February 1991 Monthly Hotline Report)
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Key Words:
Degreasing; F001; F002
hazardous waste definition;
solvent waste; and waste
code
"Solvent Wastes F001 and F002 Definitions Compared"
QUESTION: Tetrachloroethylene, trichloroethylene, methylene chloride,
and 1,1,1-trichloroethylene are listed in the definitions of both F001 and
F002 in 40 CFR §261.31. The listing for F001 reads "the following spent
halogenated solvents used in degreasing...," while the F002 listing begins
with "the following spent halogenated solvents...." Although F001
applies specifically to solvents used in degreasing according to the
December 31,1985, Federal Register, the F001-F005 listings cover only those
solvents used for their solvent properties. A solvent used in degreasing is
considered to be used for its solvent properties (50 FR 53316). Thus, a
solvent which is listed in both F001 and F002 (e.g., methylene chloride)
and is used in degreasing could be both F001 and F002. Would such a spent
solvent be appropriately classified as F001, F002, or both?
ANSWER: It was not the Agency's intent to apply both listings to a solvent
constituent which is listed in both F001 and F002. The waste code that the
spent solvent receives depends on the type of degreasing involved. Page 6 of
the Listing of Hazardous Waste (40 CFR §§261.31 and 261.32);
Identification and Listing of Hazardous Waste Under RCRA, Subtitle C,
§3001 (also known as the Background Listing Document) clarifies the intent
of the F001 listing as opposed to other spent solvents. Specifically, the
F001 listing is appropriate when tetrachloroethylene, trichloroethylene,
methylene chloride, and 1,1,1-trichloroethane are used in large-scale
industrial degreasing operations (e.g., cold cleaning, open top and
conveyorized vapor degreasing, and fabric scouring). Alternatively,
tetrachloroethylene, trichloroethylene, methylene chloride, and 1,1,1-
trichloroethane used in equipment cleaning or in smaller scale degreasing
operations involving repair work (that do not employ industrial degreasing
processes as described above), such as industrial maintenance and repair,
commercial service and repair, and consumer-performed maintenance and
repair, receive the F002 listing. (May 1991 Monthly Hotline Report)
Key Words:
De minimis: mixture; solvent
waste; transportation; and
wastewater treatment unit
"Wastewater Trucked Under Section 26l.3(a)(2)(iv)(A)
Exemption"
QUESTION: A treatment, storage and disposal facility manages a
wastewater which is a mixture of a solid waste and trichloroethylene in
de minimis quantities, as defined in §261.3(a)(2)(iv)(A). If the facility
transports the wastewater in trucks from an on-site sump to its on-site
NPDES-permitted wastewater treatment unit, does the waste still qualify
for the exemption from the definition of hazardous waste under
§261.3(a)(2)(iv)?
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
"Wastewater Trucked Under Section 26l.3(a)(2)(iv)(A)
Exemption" (cont'd)
ANSWER: Yes, the waste still qualifies for the exemption. Section
261.3(a)(2)(iv) does not limit the means by which the wastewater may
reach the wastewater treatment unit in order to be eligible for the
exemption from the definition of a hazardous waste. The exemption
requires only that that the wastewater be treated in a wastewater
treatment unit at a facility subject to regulation under either §402 or
§ 307(b) of the Clean Water Act and that the wastewater meet the de
minimis levels established in paragraphs (A) through (E) of
§261.3(a)(2)(iv). (July 1991 Monthly Hotline Report)
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SUPERFUND (SF)
Hazardous
Sustances
Key Words:
Clean Air Act Amendments;
hazardous substance;
regulated substance; and
underground storage tank
"CAA Amendments Hazardous Air Pollutants Under LIST
Program"
QUESTION: Section 301 of the Clean Air Act Amendments of 1990 modifies
the Clean Air Act (CAA) of 1986 by incorporating within §112 a list of 189
hazardous air pollutants. Many of these pollutants were not previously
regulated under the CAA. Would an underground storage tank (UST)
containing a newly designated CAA hazardous air pollutant be subject to
the standards promulgated in 40 CFR Part 280?
ANSWER: Yes. Owners and operators of USTs containing regulated
substances, as defined in §280.12, must comply with the Part 280 standards.
A regulated substance is any hazardous substance designated pursuant to
§101(14) of CERCLA (excluding any substance regulated as a hazardous
waste under Subtitle C of RCRA), and petroleum products or any fraction
thereof. The term hazardous substance under §101(14) of CERCLA is
defined as any substance designated pursuant to §3001 of RCRA, §112 of the
CAA, §§307(a) and 311(b)(2)(A) of the Federal Water Pollution Act, §7 of
the Toxic Substances Control Act, and any substance so designated in §102 of
CERCLA. When a substance is added under a statute identified in CERCLA
§101(14) it would then become a CERCLA hazardous substance by statutory
definition and therefore become a regulated substance under
Part 280. Although the new CAA substances that were not previously
CERCLA hazardous substances have not yet been codified in §302.4 (the
regulatory list of CERCLA hazardous substances), any underground storage
tank storing these substances must be in compliance with the requirements of
40 CFR Part 280 regulations.
Note that any of the new substances or chemical categories added to the
CAA that are CERCLA hazardous substances (e.g., ethylene glycol) or
petroleum products are subject to regulation under Part 280 and this would
not change. (October 1991 Monthly Hotline Report)
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SUPERFUND (SF)
Notification
Key Words:
CERCLIS; citizen
notification; discovery;
petition; and preliminary
assessment
"Citizen Notification for CERCLIS Sites"
QUESTION: A citizen is interested in knowing the process for getting a site
into the CERCLA Information System (CERCLIS) and having a site
reviewed by EPA to see if there is contamination. How are sites discovered,
and how can a citizen have a site listed in CERCLIS?
ANSWER: CERCLIS is the national database that EPA uses as a tool to
track activity at potential and actual hazardous waste sites. Once the site
is entered in CERCLIS, EPA or another appropriate agency reviews the site
and site information to determine if cleanup actions are necessary. This
process is known as site assessment. There are several avenues for site
discovery or notification and resultant entry into CERCLIS and subsequent
Preliminary Assessment (PA).
Section 300.405 of the National Contingency Plan (NCP) lists the primary
methods of discovery and notification. Notification may come from a
facility, a government agency, or a citizen. The primary methods
available to a citizen are reporting observations and submission of citizen
petitions. Public observations should be reported to the 24-hour emergency
response telephone number for each EPA Region, to the Coast Guard, or to
the National Response Center.
Once EPA has assessed and, if necessary, responded to the immediate
danger, the on-scene coordinator (OSC) submits a standard report and site
information is entered into CERCLIS. In the case of a nonemergency threat,
the site is entered into CERCLIS and the PA process begins. All sites in
CERCLIS must have a PA within a year of notification.
The 1986 amendments to CERCLA (§105(d)) require EPA to give timely
consideration to citizen petitions for preliminary assessment of a site. Such
petitions may be submitted by any organization affected by a release or
threat of release. There is a sample format included in the Fact Sheet,
"Preliminary Assessments Petitions," available from NTIS (PB90-273 723).
The petition need not follow the exact format but must contain basic
information about the person or group submitting the petition, the location,
and the actual or potential effect of the release. The petition should be
sent to the EPA Regional Administrator or, if the potential site is on
Federal land, the petition should be sent directly to the Federal agency
that owns the land. More than 11 percent of the 33,000 sites in CERCLIS
were identified through citizen notice. (March 1991 Monthly Hotline
Report)
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SUPERFUND (SF)
Key Words:
Newspaper notice; and
release
Reportable
Quantities
Key Words:
Hazardous substance;
release; and reportable
quantity
"Notice to Potentially Injured Parties"
QUESTION: The owner of a facility identifies a release of a hazardous
substance that poses a threat to persons residing near the facility. The
owner is concerned about statutory and regulatory requirements for
notification to potentially injured parties. According to §lll(g) of
CERCLA, the President must promulgate rules and regulations with respect
to notification to be provided to potentially injured parties from a release
of a hazardous substance. CERCLA §lll(g) states that "[u]ntil the
promulgation of such rules and regulations, the owner and operator of any
vessel or facility from which a hazardous substance has been released
shall provide reasonable notice to potentially injured parties by
publication in the local newspaper serving the affected area." Have such
regulations been promulgated pursuant to CERCLA §11 Kg), or does the
statute contain the only provision for such notice?
ANSWER: No regulations have been promulgated pursuant to §11 Kg) of
CERCLA. Thus an owner or operator would be required to publish notice to
potentially injured parties in a newspaper serving the affected area as
provided by the statute. (May 1991 Monthly Hotline Report)
"Release Into the Environment of Hazardous Substances"
QUESTION: A facility has a spill of metal chloride into the soil.
Workers clean up the release by applying water to the spill. With the
application of the water, a chemical reaction takes place with the metal
chloride, converting into hydrochloric acid. What are the possible
reporting requirements under 40 CFR §302.6?
ANSWER: According to 40 CFR §302.6, a release of a reportable quantity
(RQ) or more of a hazardous substance into the environment during any 24-
hour period is reportable. The term "release into the environment" is
defined in the April 4,1985, Federal Register (50 FR 13456) and includes
"...spills from tanks or valves onto concrete pads or into lined ditches open
to the outside air, releases from pipes into open lagoons or ponds, or any
other discharges that are not wholly contained within buildings or
structures" (50 FR 13462).
If the particular metal chloride is not a specifically listed hazardous
substance under CERCLA, then the initial spill of the metal chloride into
the soil is not reportable. In the process of cleaning up the spilled material,
however, a CERCLA hazardous substance, hydrochloric acid, is generated.
Therefore, a release of a CERCLA hazardous substance into the
environment has occurred. Notification is required if an RQ or more of the
hydrochloric acid is released within a 24-hour period.
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SUPERFUND (SF)
"Release Into the Environment of Hazardous Substances"
(cont'd)
ANSWER (cont'd): If the particular metal chloride is a specifically listed
CERCLA hazardous substance, then the initial spill of the metal chloride
into the soil becomes reportable when an RQ or more is released within a
24-hour period. If upon cleaning up the spill another CERCLA hazardous
substance is produced, this release also should be reported when an RQ or
more is released within a 24-hour period.
Furthermore, certain persons connected to releases of CERCLA hazardous
substances are liable for the cleanup of the release under CERCLA §107(a).
Also, note that some substances that fall within listed broad generic
categories are CERCLA hazardous substances (50 FR 13461). (February 1991
Monthly Hotline Report)
Key Words.
Characteristic waste; Clean
Water Act mixture rule;
hazardous substance;
reportable quantity; and
unlisted hazardous
substance
"Reportable Quantities of ICR Substances"
QUESTION: A hazardous waste is released into the environment. The
waste is hazardous due to its corrosive characteristic. The owner or
operator responsible for the release knows that 50 percent of the waste
mixture is hydrochloric acid and that the waste contains no other CERCLA
hazardous substances or ignitable, corrosive, or reactive (ICR)
characteristics. What is the reportable quantity (RQ) for the waste and
the associated CERCLA notification requirements for the release?
ANSWER: 40 CFR §302.4(b) designates solid wastes which are hazardous
due to the characteristics of ignitability, corrosivity, reactivity (ICR) or
toxicity as "unlisted hazardous substances." The RQs for these substances
are identified in §302.4, Table 302.4, under "Unlisted Hazardous Wastes."
For ICR wastes, the RQ is 100 pounds. If, however, the waste was analyzed
prior to release and determined to be corrosive due to its hydrochloric acid
content and no other CERCLA hazardous substances or ICR characteristics
are present, the RQ assigned to the waste would be that for the component
hazardous substance (50 FR 13463). The RQ for hydrochloric acid is 5000
pounds. Accordingly, the RQ for this waste is reached when 5000 pounds or
more of hydrochloric acid is released within a 24-hour period. By
applying the Clean Water Act mixture rule, the owner or operator may use
his knowledge of the concentration of the waste within the mixture to
determine if an RQ of any hazardous substance has been equaled or
exceeded (44 FR 50767). Since the concentration of the hydrochloric acid in
the waste is only 50 percent, the RQ for the waste would not be reached
until 10,000 pounds of this particular waste is released.
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SUPERFUND (SF)
"Reportable Quantities of ICR Substances" (cont'd)
ANSWER (cont'd): CERCLA §103(a), as codified in 40 CFR §302.6, contains
the notification requirements for facility owners and operators which
release hazardous substances. Specifically, §302.6 requires any person in
charge of a vessel or facility to notify the National Response Center
(NRC), as soon as he or she has knowledge of any release of a hazardous
substance, other than a Federally permitted release or application of a
pesticide, from such vessel or facility in a quantity equal to or exceeding
the reportable quantity in any 24-hour period. (January 1991 Monthly
Hotline Report)
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UNDERGROUND STORAGE TANKS (UST)
Applicability
Key Words:
Flow-through process tank;
manufacturing operation;
and underground storage
tank
"Flow-through Process Tank Exclusion"
QUESTION: In a manufacturing operation a coating which contains
regulated substances is applied to a metal part that is manufactured on-
site. The metal part is coated using the following steps. After machining
processes are completed, individual metal parts are clipped to the bottom
of a chain which is attached at its top to an overhead conveyor system.
The conveyor carries the metal part to an open-topped tank containing a
coating solution. The tank meets the definition of "underground" provided
in 40 CFR §280.12. Once over the tank, the conveyor system lowers the
metal part into the coating solution. The metal part remains submerged in
the solution as the conveyor travels the length of the tank, then the
conveyor system raises the metal part out of the tank. The metal part is
then transported via the conveyor to an area where a facility employee
unclips the part and places it on a drying pad. Would this tank be exempt
from the UST regulations of 40 CFR Part 280, under the "flow-through
process tank" exclusion of 40 CFR §280.12?
ANSWER: Yes, the tank would qualify for the exclusion because it meets
the three necessary conditions to be considered a "flow-through process
tank": it (1) forms an integral part of a production process; (2) has a steady,
variable, recurring, or intermittent flow of materials through the tank
during the operation of the process; and (3) is not used for the storage of
materials prior to their introduction into the production process or for the
storage of finished products or byproducts from the production process.
These conditions are met because the production process (coating) actually
occurs in the tank and therefore it is integral, and it does not store prior to or
after production. The flow is intermittent, satisfying the second condition.
(May 1991 Monthly Hotline Report)
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UNDERGROUND STORAGE TANKS (UST)
Regulated
Substances
Key Words:
Clean Air Act Amendments
hazardous substance
regulated substance, and
underground storage tank
CAA Amendments Hazardous Air Pollutants Under UST
Program
QUESTION: Section 301 of the Clean Air Act Amendments of 1990 modifies
the Clean Air Act (CAA) of 1986 by incorporating within §112 a list of 189
hazardous air pollutants. Many of these pollutants were not previously
regulated under the CAA. Would an underground storage tank (UST)
containing a newly designated CAA hazardous air pollutant be subject to
the standards promulgated in 40 CFR Part 280?
ANSWER: Yes. Owners and operators of USTs containing regulated
substances, as defined in §280.12, must comply with the Part 280 standards.
A regulated substance is any hazardous substance designated pursuant to
§101(14) of CERCLA (excluding any substance regulated as a hazardous
waste under Subtitle C of RCRA), and petroleum products or any fraction
thereof. The term hazardous substance under §101(14) of CERCLA is
defined as any substance designated pursuant to §3001 of RCRA, §112 of the
CAA, §§307(a) and 311(b)(2)(A) of the State Water Polluhon Act, Section 7
of the Toxic Substances Control Act, and any substance so designated in §102
of CERCLA. When a substance is added under a statute identified in
CERCLA §101(14) it would then become a CERCLA hazardous substance by
statutory definition and therefore become a regulated substance under Part
280. Although the new CAA substances that were riot previously CERCLA
hazardous substances have not yet been codified in §302.4 (the regulatory
list of CERCLA hazardous substances), any underground storage tank storing
these substances must be in compliance with the requirements of
40 CFR Part 280 regulations.
Note that any of the new substances or chemical categories added to the
CAA that are CERCLA hazardous substances (e.g., ethylene glycol) or
petroleum products are subject to regulation under Part 280 and this would
not change. (October 1991 Monthly Hotline Report)
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EMERGENCY PLANNING AND COMMUNITY
RIGHT-TO-KNOW ACT (EPCRA)*
Hazardous
Chemical
Inventory
Reporting
Key Words:
Location information; on-
site inspection; and
threshold
"Inspections of Facilities by Fire Department"
QUESTION: Section 312(0 of the EPCRA states that "upon request to an
owner or operator of a facility which files an inventory form under this
section by the fire department with jurisdiction over the facility, the owner
or operator of the facility shall allow the fire department to conduct an on-
site inspection of the facility, and shall provide to the fire department
specific location information on hazardous chemicals at the facility." Can
the fire department request an on-site inspection of a facility which does
not file an inventory form under §312 since the chemicals present at the
facility are below the threshold?
ANSWER: Yes. Section 312(e)(l) permits the fire department with
jurisdiction over the facility to request that the owner or operator of the
facility provide Tier II information concerning the facility. When a fire
department requests Tier II information pursuant to §312(e)(l), the
applicable threshold for the facility subject to the request is zero
(40 CFR §370.20(b)). Therefore, upon a fire department's request, the
facility would have to file Tier II forms. Because the owner or operator of
the facility would be required to file a Tier II form, the owner or operator
must allow the fire department to conduct an on-site inspection of a facility
that has not previously filed. (February 1991 Monthly Hotline Report)
Key Words:
Contract; lease agreement;
and liability
"Lease Agreement Reporting Responsibility"
QUESTION: An owner leases a facility to another person. The lease
agreement states that "in its use and occupancy of the facility and in its use
of the leased equipment, the lessee shall abide by and comply with all
governmental laws, regulations and requirements." Does this contractual
language exempt the owner of the facility from reporting under EPCRA
§§311 and 312 ?
*Note: Questions and answers that appear in this section have been revised by the responsible EPA
program office since the monthly reports were individually issued.
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
"Lease Agreement Reporting Responsibility" (cont'd)
ANSWER: No. Private parties cannot by contract exempt themselves from
liability created by the statutory provisions of Title III. Note, however,
that the law assigns the responsibility for reporting under §§311 and 312 to
"the owner or operator of any facility which is required to prepare or have
available a material safety data sheet (MSDS) for a hazardous chemical
under the Occupational Safety and Health Act of 1970 and regulations
under that act." In some instances, both the owner/lessor and
opera tor/lessee may have the responsibility for MSDS requirements, even
for the same chemicals. In other instances only one party is assigned
responsibility for MSDS preparation or availability under the OSHA
Hazard Communication Standard. (February 1991 Monthly Hotline
Report)
Key Words:
Emergency planning;
liability; owner/operator; and
report, combined/separate
"Ownership Change and Responsibility for Reporting"
QUESTION: A facility changed ownership during the third quarter of the
1990 calendar year. Which owner/operator is responsible for the
submission of the §312 Tier II form for the calendar year 1990?
ANSWER: Both owners and operators have responsibility for reporting
under §312. While it is not required under §§311 and 312, it would further
the purposes of SARA Title III if owners and operators informed the State
Emergency Response Commission (SERC) about the change in ownership of
the facility. Specifically, 40 CFR §355.30(d)(l) requires that the owner of
a facility subject to §§302 and 303 promptly inform the Local Emergency
Planning Committee (LEPC) of any change relevant to emergency planning.
Also, the SERC should be consulted to determine if two separate reports,
one for each period of ownership, are preferred to be filed, or if one
combined report capturing all information for the entire year is more
desirable.
Parties may wish to address who will report and the provision of necessary
records in the purchase agreement. Of course, a person who is liable for
reporting cannot shed his liability through any private arrangement such
as a purchase agreement. (February 1991 Monthly Hotline Report)
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
Toxic Chemical
Release
Inventory
Key Words:
Emissions; neutralization;
pH; and strong acid
"Acid Waste Stream Release Reporting"
QUESTION: A waste stream containing hydrochloric acid and sulfuric acid
goes up a stack. Before exiting the stack, the waste stream passes through a
scrubber where the acids are neutralized. The resulting mist that exits the
stack (pH = 8) contains chloride and sulfate ions. Does the facility report a
release of hydrochloric or sulfuric acid?
ANSWER: No. Since the resulting waste stream has a pH between 6 and 9,
the facility should report a release of zero for hydrochloric and sulfuric
acid. This interpretation is consistent with the Agency's interpretation
regarding zero releases from neutralized wastewater streams (53 FR 4517).
(March 1991 Monthly Hotline Report)
Key Words:
Ammonia; and
manufacturing threshold
"Ammonia Reporting"
QUESTION: Excess body parts from the slaughtering and butchering of
animals are manipulated to separate the fats and proteins from other
material present (e.g., bones). The bones and other materials not used are
discarded by the facility. The separated fats and proteins are further
processed to make a final product. Some of the amino acids and other
nitrogenous materials present in the animal parts may decompose to
produce ammonia. In addition, the animal parts contain, prior to
processing, amounts of metabolic ammonia. The ammonia present in the
fats and proteins remains in the final product. How does the facility
consider these amounts of ammonia for purposes of threshold and release
calculations under EPCRA §313 (40 CFR Part 372)?
ANSWER: The amount of ammonia produced due to decomposition of amino
acids and other nitrogenous materials must be counted toward a
manufacturing threshold for ammonia. Ammonia resulting from
decomposition that is present in the separated fat and proteins must also be
counted toward a processing threshold for ammonia since it becomes
incorporated into the final product. Any amounts of ammonia resulting from
decomposition that remain with the material to be discarded are not
counted towards a processing threshold since they are not incorporated into
the final product.
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
"Ammonia Reporting" (cont'd)
ANSWER (cont'd): The amount of ammonia initially present as a
metabolite is counted as follows:
• The amount of metabolic ammonia present in the separated fats and
proteins is counted towards a processing threshold for ammonia
• The amount of metabolic ammonia present in the material that is
discarded (e.g., bones) is not considered for threshold purposes since it is
not manufactured, processed, or otherwise used. This amount of
ammonia simply passes through the facility as a waste.
If the facility meets a threshold for ammonia, all releases and transfers
off-site of ammonia must be reported, including releases and transfers off-
site associated with the animal parts not used (e.g., bones). (July 1991
Monthly Hotline Report)
Key Words:
Equipment; facility; and
release
"Barges Release Reporting Requirements"
QUESTION: A facility covered under EPCRA §313 has a barge terminal.
Are releases from the loading and unloading of a barge reportable on the
Form R?
ANSWER: Releases from the covered facility (i.e., barge terminal) must be
reported. This would include releases from buildings, equipment, and
storage at the terminal. The barge terminal ends where the equipment
physically meets the barge. Therefore, releases from equipment (e.g.,
pipelines, connections, hoses) that may extend into public water space must
also be reported. Releases from the barge itself (e.g., air displacement of
volatiles) are not reportable since barges are not covered under the
definition of a facility (EPCRA §329(4)). (July 1991 Monthly Hotline
Report)
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
Key Words:
Construction work;
temporary shutdown; and
threshold
"Construction Work During Calendar Year"
QUESTION: A manufacturing facility ceased manufacturing operations at
the beginning of the reporting year and construction work took place
through July. At that time the facility resumed manufacturing operations.
Listed toxic chemicals were used at the facility during the construction
phase. For purposes of threshold and release determinations under EPCRA
§313, does the facility include in its threshold and release calculations the
toxic chemicals used during construction when the facility was not in
operation?
ANSWER: Yes. Since the facility is a manufacturing facility, any covered
activity of a listed toxic chemical will count toward an applicable
threshold. Therefore, the toxic chemicals used during the construction
phase would be counted toward threshold determinations unless they
become a structural component of the facility. Releases of a given toxic
chemical used during construction would also be reported if, during the
course of a calendar year, an activity threshold was exceeded for that
chemical. (April 1991 Monthly Hotline Report)
Key Words:
Full-time employee
threshold
"Disabled Employee Toward FTE Threshold"
QUESTION: A covered facility under §313 of EPCRA has nine full-time
employees. The facility also has one paid employee who is on permanent
disability (the employee has terminal cancer and is not expected to return).
Should the facility include this employee in their full-time employee
(FTE) threshold determination (40 CFR §372)?
ANSWER: No, the facility does not have to include the hours of the
disabled employee when determining the employee threshold. Even
though paid by the facility, the employee does not contribute any hours
towards the operation of the facility. In this case, the disabled employee
can be considered the equivalent of a retired employee. (June 1991 Monthly
Hotline Report)
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EMERGENCY PLANNING
KNOW ACT (EPCRA)
AND COMMUNITY RIGHT-TO-
- <__!_I-f
Key Words:
Ammonia; personal use
exemption; and release
"Human Waste Release Reporting"
QUESTION: A facility covered under §313 of EPCRA has met a reporting
threshold for ammonia. A sewage system within the facility collects
human waste from different parts of the facility. The ammonia present in
the sewage is not involved in any manufacturing, processing, or other use
activities at the facility. Since the facility has already exceeded an
activity threshold for ammonia, are they required to report the releases of
ammonia resulting from the sewage?
ANSWER: No. The ammonia present in the sewage is derived from the
employees working at the plant and is subject to the personal use exemption
(40 CFR §372.38 (c)). Even though the facility has exceeded an activity
threshold, it would not be required to report the exempted releases of
ammonia. (October 1991 Monthly Hotline Report)
Key Words:
Full-time employee
threshold
"Non-salaried Worker Toward FTE Threshold"
QUESTION: A facility covered under §313 of EPCRA (40 CFR Part 372) has
nine full-time employees and one part-time employee. The facility also
has an employee who works at the facility, but does not draw a salary.
Should the hours worked by the employee who does not draw a salary be
counted towards the employee threshold for the facility?
ANSWER: Yes. Even though the employee does not draw a salary he or
she is still working at the facility. Any such hours worked by an employee
at the facility must be counted towards that facility's employee threshold.
(May 1991 Monthly Hotline Report)
30
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
-#•*.*• % ••$ • *<
_ <_*_«_!_fj
Key Words:
Form R; and NPDES
number
"NPDES Number on the Form R"
QUESTION: When filing a Form R under EPCRA §313, the reporting
facility must identify the numbers of any permits they hold under the
National Pollutant Discharge Elimination System (NPDES) even if the
permit(s) do not pertain to the toxic chemical being reported. The facility
identification portion of the Form R, Part I, section 3.9, has two spaces, (a)
and (b), in which the facility enters its NPDES permit numbers, if any. If a
facility has been assigned more than two NPDES numbers, how should it
complete the Form R?
ANSWER: The current version of the Form R only allows for identification
of two NPDES permit numbers, and there is no additional space on Form R
for more than two NPDES permit numbers to be recorded. If a facility has
more than two NPDES permit numbers, the facility should report the two
numbers that are most applicable to the toxic chemical reported on Form R.
If the NPDES numbers assigned to the facility do not apply to the chemical
reported on the particular Form R, any two current NPDES numbers may be
submitted. The facility should attempt, however, to supply the same
NPDES permit numbers.
As an example, a facility has five NPDES permit numbers, two of which
apply to toluene, and three others which apply to non-TRI chemicals. The
facility must file Form Rs for toluene and chlorine. On the form for toluene,
the facility should include the NPDES numbers that are applicable to
toluene. On the form for chlorine, the facility should also use the same
NPDES numbers as were used on the toluene form (as opposed to using two of
the other three NPDES numbers). In any event, only current NPDES
numbers should be reported on Form R. (August 1991 Monthly Hotline
Report)
Key Words:
De minimis: evaporation;
otherwise use threshold
"Otherwise Use Activity"
QUESTION: A melamine formaldehyde resin containing a small amount of
unreacted formaldehyde monomer is purchased by a facility, dissolved in
water, and applied to paper to produce a polymer-coated product. In the
process of coating the paper, all of the formaldehyde evaporates. Is the
formaldehyde processed or otherwise used?
ANSWER: Since the formaldehyde is not incorporated into the product, it
is otherwise used. The formaldehyde would not need to be counted at all if
the amount is below the de minimis of 0.1 percent in the incoming resin
mixture (53 FR 4509). (March 1991 Monthly Hotline Report)
31
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
Key Words:
New facility; owner/operator
"Ownership Change: Effect on Facility TRI Identification
Number"
QUESTION: A part of a facility covered under §313 of EPCRA was sold in
July 1990 to another facility owned and operated by a different person. For
reporting on the Form R for the year 1990, what TRI facility identification
numbers should be used by the reporting facilities (40 CFR Part 372)?
ANSWER: For purpose of reporting on the Form R, the old facility would
maintain the TRI identification number originally assigned to the facility.
The new facility, however, would indicate in Part I, section 3.1 that the
report is a first time submission by the facility. Once the reports have been
submitted by the new facility, a new TRI identification number will be
assigned to the facility for use in subsequent years. (June 1991 Monthly
Hotline Report)
Key Words:
Otherwise use threshold;
packaging; and threshold
"Packaging Material Effect on Threshold Determination"
QUESTION: A facility receives material X packaged in 50-gallon drums.
Material X is immersed in methanol which acts as a packaging/coolant
medium for material X during transport. As soon as the facility received
the delivery, material X is removed from the methanol, and the drum is
recapped and sent back to the supplier. Should the owner/opera tor
consider the methanol for threshold and release calculations under EPCRA
§313?
ANSWER: Yes. The owner/operator should consider, for threshold and
release calculations, the methanol in drums that it opens to remove
material X. The methanol, in this instance, is being otherwise used.
(September 1991 Monthly Hotline Report)
32
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
Key Words:
Article; supplier notification
"Supplier Notification for Articles"
QUESTION: A manufacturer distributes an item to its customers. Some of
the customers use the item in such a way that allows them to claim the
"article exemption" (40 CFR §372.38(b)). Other customers use the supplied
item in such a way that negates the "article exemption." How can the
manufacturer determine when to provide a supplier notification for the
items it distributes since it is not required to provide such a notification for
"articles" (40 CFR §372.45(d)(l)(i)), and may not know the end result of the
distributed items?
ANSWER: If the end result of an item a manufacturer sells or otherwise
distributes is unknown, no notification is necessary if the manufacturer
knows that normal processing or use of the item by recipients would not
negate its article status. If, however, the manufacturer anticipates that a
recipient uses an item in such a way that negates its article status, the
manufacturer must provide a notification to that recipient. (August 1991
Monthly Hotline Report)
Key Words:
Concentration; pure
chemical; and supplier
notification
"Supplier Notification for Pure Chemicals"
QUESTION: Under 40 CFR §372.45, supplier notification is required for
mixtures and trade name products containing listed toxic chemicals. The
notification is not required for pure toxic chemicals. If a facility covered by
the supplier notification requirements receives a substance which is labeled
as a toxic chemical but no concentration is given, are they required to
provide notification when selling or otherwise distributing the substance?
ANSWER: No, Supplier notification is not required for substances labeled
as the toxic chemical. If a substance is labeled as a toxic chemical and no
concentration is given, then the processor (supplier) and the recipient of the
chemical should consider it to have a concentration of 100 percent. (July
1991 Monthly Hotline Report)
33
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
Key Words:
Concentration; mixture; and
supplier notification
"Range Reporting on Supplier Notification"
QUESTION: A facility covered under EPCRA §313 makes and distributes a
product that contains a listed toxic chemical. The composition of the toxic
chemical in the product may vary between 20 and 80 percent. In order to
comply with the supplier notification requirements specified in
40 CFR §372.45, is it acceptable to provide this range, or would a single
figure which is either the average or upper bound of the range be more
acceptable?
ANSWER: The purpose of the supplier notification is to provide
manufacturers and users of toxic chemicals with information to help them
comply with the EPCRA §313 reporting requirements. The notification
must contain specifics about the toxic chemical, including the weight
percentage of the chemical in the mixture. If the composition of the
mixture is not considered a trade secret, provide the one concentration
which best represents the product. The average of the range does not
always accurately reflect the product. The facility, however, may know
that batches tend to favor one end of the concentration range (e.g., most may
have a concentration of 20 percent and only a few may have a concentration
of 80 percent). If the concentration of the toxic chemical in the mixtures is
highly variable, it is acceptable to provide a midpoint or a range of
concentrations. If the composition of the mixture is considered a trade
secret, you must provide a maximum concentration level which is no greater
than necessary to protect the trade secrecy claim.
(September 1991 Monthly Hotline Report)
Key Words:
Laboratory exemption;
sample distribution; and trial
sample
"Sample Product for Distribution"
QUESTION: A facility prepares a product that contains a listed toxic
chemical for sample distribution. The sample product is prepared on a
small scale and is distributed to potential customers for trial use. Would
the amount of toxic chemical processed in the preparation of these samples
be exempted from threshold and release calculations under the laboratory
activities exemption (40 CFR §378.38(d))?
ANSWER: No. Amounts of listed toxic chemicals that are manufactured,
processed, or otherwise used in conjunction with the preparation of trial
samples are not excluded from threshold and release calculations under the
laboratory activities exemption. (April 1991 Monthly Hotline Report)
34
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
Key Words:
Back reporting;
nonmanufacturing activity;
and SIC code
"SIC Code Change"
QUESTION: A facility whose SIC code is outside of the manufacturing
sector (20-39) believes that its current SIC code is misrepresentative of the
facility's activities. In actuality, the facility may be better represented by
an SIC code within the manufacturing sector. If the facility changes its SIC
code to a manufacturing group, should it back report for calendar years 1987,
1988 and 1989 under §313 of EPCRA (40 CFR Part 372)?
ANSWER: If the facility has not altered its operations and should have
been classified as a manufacturing facility, it should report for all the
previous years under §313 of EPCRA. If the mix of activities at the facility
shifted from nonmanufacturing to manufacturing (activities within SIC
codes 20-39), then it should begin reporting with the year in which the mix
changed to manufacturing activities. (May 1991 Monthly Hotline Report)
Key Words:
Emergency release
reporting; transportation
"Tank-Truck Gasoline Leak During Transport"
QUESTION: A facility receives a shipment of gasoline from a tank-truck.
The loading dock is located within the facility boundaries. The tank-truck
delivers gasoline through a hose into the tank operated by the facility.
While stationed at the dock, the valve of the tank-truck ruptures and the
gasoline leaks from the hose of the tank-truck. This release occurs before
the shipping papers are signed by the facility operator. Gasoline contains
listed §313 chemicals such as benzene. If an activity threshold for benzene
is met, would the facility report this release of benzene under EPCRA §313
(40 CFR Part 372)?
ANSWER: No. In the above case, the chemicals in the tank-truck are
considered in transport until shipping papers are signed at the loading
dock. Section 327 of the statute states that "[e]xcept as provided in §304,
this title does not apply to the transportation, including the storage
incident to such transportation, of any substance or chemical subject to the
requirements of this title, including the transportation and distribution of
natural gas." In the above scenario, the material in the tank-truck is
considered to fall under the transportation exemption, and releases from
this truck would be exempt from reporting under §313. This release,
however, would be reportable under §304, if the quantity of any extremely
hazardous substances (EHS) released exceeds the RQ within a period of 24
hours. (May 1991 Monthly Hotline Report)
35
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PART 2: FEDERAL REGISTER SUMMARIES
The Federal Register summaries presented in this section include the major changes to 40
CFR regulations implementing RCRA, Superfund, UST, and Emergency Planning and
Community Right-to-Know Act during 1991. Both proposed and final rules with significant
impact on these programs are included. This is not a complete list of all applicable FR
notices for the year. For a comprehensive review of FR notices, the reader may wish to
obtain FR reference materials or a reporting service. The summaries in this section are
included to provide a convenient and easy-to-use overview.
The Federal Register summaries are grouped by program area and status (proposed, final)
and presented chronologically within each section. Complete citations are provided for
ease of reference.
37
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RESOURCE CONSERVATION AND
RECOVERY ACT (RCRA)
Proposed
Rules
Citation:
May 30, 1991
(56 FR 24444)
"LDR/Contamlnated Debris"
SUMMARY: This advanced notice of proposed rulemaking requests data
and comments on possible BDAT treatment capacity and treatment
standards for certain wastes listed as hazardous since HSWA, and for
contaminated debris under 40 CFR Part 268 land disposal restrictions. In
addition the Agency is soliciting comments on several other provisions of
the land disposal restrictions, such as potential universal treatment
standards for F001-F005 solvent wastes and modifications of treatment
standards for lab packs. Comments on the waste minimization portion of
the proposal were accepted through July 29,1991, while comments on all
other subjects were accepted through July 1,1991.
Citation:
July 22, 1991
(56 FJB 33490)
"Air Emissions for TSDFs"
SUMMARY: This proposed rule would require emissions controls on tanks,
surface impoundments, containers and certain miscellaneous units. In
addition, it would impose air emissions control requirements on generators
accumulating hazardous waste in tanks and containers pursuant to 40 CFR
§262.34. This action represents the second phase of the three-phase
regulatory program and would be codified as Subparts CC and DD to 40 CFR
Parts 264 and 265. Comments were accepted through September 20,1991.
Citation:
July 26, 1991
(56 EH 35758)
"Coke By-products"
SUMMARY: This rule proposed to add seven additional wastes generated
during the production, recovery and refining of coke by-products produced
from coal to the list of hazardous wastes at 40 CFR §261.32. This rule also
proposes to amend Appendix VIII of 40 CFR Part 261 by adding the
constituents for which these waste are being listed. CERCLA §103 would
also be amended by the designation of reportable quantities for these
wastes. In addition to the listings, the Agency is also proposing a series of
exclusions to the definition of solid waste designed to facilitate the
recycling of the wastes proposed. Comments were accepted through
September 24,1991.
39
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Proposed
Rules
(cont'd)
Citation:
September 23,
1991
(56 EB 48000)
"Used Oil"
SUMMARY: This supplemental notice of proposed rulemaking discusses
options regarding listing used oil as a hazardous waste, management
standards for used oil handlers, and possible future incentives for
encouraging used oil recycling. Comments were accepted through November
7,1991.
Citation:
October 11, 1991
(56 F_B 51592)
"Chlorinated Toluenes"
SUMMARY: This rule proposes to add three waste streams generated by
the production of chlorinated toluenes to the list of hazardous wastes at 40
CFR §261.32. EPA also proposed to designate these wastes as hazardous
substances under CERCLA and establish reportable quantities. Comments
were accepted through December 10,1991.
Citation:
October 24, 1991
(56 EB 55160)
"LDR Contaminated Soils"
SUMMARY: This advance notice of proposed rulemaking requests data and
comments on possible BDATs for many wastes that have been identified
and listed as hazardous since HSWA. This notice discusses potential
BDATs and related capacity for wood preserving wastes (F032, F034 and
F035), spent potliners from primary aluminum reduction (K088),
characteristic waste generated by the mining and mineral processing
industries that are no longer suspended by the Bevill Amendment, and
wastes that have been recently identified as D004 through D043 based on
the TCLP. EPA is also soliciting data and comments on its approach to
developing BDATs for contaminated soils. Comments were accepted
through December 9,1991.
Citation:
Decembers, 1991
(56 £B 63848)
"Wood Preserving Modification"
SUMMARY: In this action, EPA proposed to amend regulations for drip
pads in 40 CFR Parts 264 and 265, Subpart W, and the F032, F034, and F035
hazardous waste listings. These changes would affect final rules
promulgated on December 6,1990 (55 FR 50449) and June 13,1991 (56 FR
27332). Comments were accepted through January 6,1992.
40
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Final Rules
Citation:
January 31, 1991
(56 FB 3864)
Citation:
February 13, 1991
(56 £B 5910)
"Land Disposal Restrictions Technical Amendment"
SUMMARY: This final rule corrects errors and clarifies the language in the
preamble and regulations of the June 1,1990, land disposal restrictions
third third final rule (55 FR 22520). It modifies 40 CFR Part 268.
"TCLP/CFCS"
SUMMARY: This interim final rule suspends the toxicity characteristic
rule for used refrigerants that would exhibit the toxicity characteristic but
would be reclaimed for reuse. The exemption is found at 40 CFR
§261.4(b)(12).
Citation:
February 21, 1991
(56 FB 7134)
"Boilers and Industrial Furnaces"
SUMMARY: This final rule expands the regulations on the burning of
hazardous waste in boilers and industrial furnaces to regulate air emissions
from such units, codified at 40 CFR Part 266, Subpart H. This rule also
subjects owners and operators of these devices to general facility standards
applicable to hazardous waste treatment storage and disposal facilities,
and subjects hazardous waste storage units at regulated burner facilities to
Part 264 standards. Finally, this rule also takes action on two petitions for
rulemaking from Dow Chemical Company and the American Iron and Steel
Institute and makes several technical corrections to 40 CFR §270.73.
Citation:
April 2, 1991
(56 FR 13406)
"TCLP/Hydrocarbon Recovery"
SUMMARY: This final rule extends the compliance date for the toxicity
characteristic regulations from March 25, 1991 (see 56 FR 3978; February 1,
1991), to January 25,1993, for produced groundwaters from free-phase
hydrocarbon recovery operations at petroleum refineries, marketing
terminals, bulk plants, petroleum pipelines and transportation sector spill
sites. The purpose of this extension is to ensure that cleanup activities at
these facilities are not disrupted or stopped due to noncompliance with the
toxicity characteristic rule. The rule amended 40 CFR §261.4(b)(ll).
41
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Final Rules
(cont'd)
Citation:
May 1, 1991
(56 EB 19951)
"K069 Listing - Administrative Stay"
SUMMARY: This final rule announces an administrative stay on a portion
of the hazardous waste listing for K069 found at 40 CFR §261.32 so that the
listing does not apply to slurries generated from air pollution control
devices that are intended to capture acid gases and are not dedicated
chiefly to control of particulate air emissions. The administrative stay
remains in effect until 30 days after the completion of a rulemaking that
permanently amends the language of the K069 listing to clarify the scope of
the listing.
Citation:
May 13, 1991
(56 £B 21955)
"F037/F038 Revised Definition"
SUMMARY: This interim final rule revises the definition of waste subject
to the F037 and F038 listings found at 40 CFR §261.31 to state that sludges
from non-contact once-through cooling waters are not included. This rule
further amends F038 listings to clarify that floats generated in aggressive
biological treatment units are not included in the listing description of that
waste stream.
Citation:
June 13, 1991
(56 £R 27300)
"Bevill Waste Final Determination"
SUMMARY: This final rule presents the Agency's final regulatory
determination on mineral processing wastes. EPA concluded that
regulation under Subtitle C of RCRA is inappropriate for all 20 of the
special wastes that were studied and listed under §261.4(b)(7). EPA plans
to address 18 of these wastes under Subtitle D of RCRA. The remaining two
wastes, phosphogypsum and process waste phosphoric acid production, are
slated to be regulated under a program EPA plans to develop under the
Toxic Substance Control Act.
Citation:
June 13, 1991
(56 £R 27332)
"Wood Preserving Listings - Administrative Stay"
SUMMARY: This final rule announces an administrative stay of the
hazardous waste listings F032, F034, and F035 for wastes in process areas at
wood preserving plants. The primary effect of the stay is to conditionally
extend the effective date of the drip pad management standards to
February 6,1992, for the upgrade of existing drip pads, and to May 6,1992,
for the installation of new drip pads. The stay is only available to
facilities meeting certain conditions, and is intended to limit the extension
to those facilities making a bona fide effort to comply with this rule.
42
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Final Rules
(cont'd)
Citation:
July 17, 1991
(56 EB 32688)
"BIF - Technical Amendments"
SUMMARY: In this final rule, EPA published technical corrections to the
BIF regulations in 40 CFR Part 266, Subpart H (56 FR 7134; February 21,
1991). This rule also added Appendix IX and Appendix X to Part 266.
Citation:
August 19, 1991
(56 EB 41164)
"K061 Treatment Standards"
SUMMARY: This final rule promulgated under 40 CFR Part 268 treatment
standards under the land disposal restrictions program for K061 (electric
arc furnace dust) nonwastewaters that contain 15 percent or more total zinc
at the point of initial generation. The rule also finalizes a generic exclusion
from the derived from rule (40 CFR §261.3(c)(2)(i)) for high temperature
metals recovery (HTMR) nonwastewater slag residues from K061
processing, provided the residues meet certain conditions. Finally, this rule
grants a conditional exclusion for K061 HTMR splash condenser dross
residue from classification as a solid waste.
Citation:
August 27, 1991
(56 £B 42504)
Citation:
Septembers, 1991
(56 £B 43873)
"BIF - Technical Amendments"
SUMMARY: This final rule made technical amendments to the BIF
regulations in 40 CFR Part 266, Subpart H. These revisions provide
clarification and correct unintended consequences of the rule.
"BIF Coke Ovens - Administrative Stay"
SUMMARY: This final rule announces an administrative stay of the
permitting standards for boilers and industrial furnaces adopted pursuant to
RCRA as they apply to coke ovens burning certain hazardous wastes from
the coke by-products process. Coke ovens that reprocess these wastes need
not submit their applications for a permit under 40 CFR Part 266, Subpart
H, while EPA evaluates comments on a proposal to exclude such wastes
from RCRA Subtitle C regulation.
43
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Final Rules
(cont'd)
Citation:
October 9, 1991
(56 EB 50978)
"Subtitle D"
SUMMARY: This final rule established requirements for municipal solid
waste landfills under 40 CFR Parts 257 and 258. Specifically, it covers
location restrictions, facility design operations, groundwater monitoring,
corrective action measures and conditions for closing including financial
responsibility. The rule conditionally exempts certain small landfills from
the design, groundwater monitoring and corrective action requirements.
44
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SUPERFUND (SF)
Proposed
Rules
Citation:
March 27, 1991
(56 £B 12826)
"Reportable Quantity Adjustment"
SUMMARY: This rule proposes to adjust the reportable quantities (RQs)
for hazardous waste listings F037 and F038, sludges from petroleum
refinery separation processes, as found at 40 CFR §302.4. Comments were
accepted through May 28,1991.
Citation:
June 24, 1991
(56 FR 28798)
"Lender Liability"
SUMMARY: EPA proposed to clarify the range of activities that may be
undertaken by a private or governmental lending institution or other entity
that holds a security interest in a facility, without being considered to
have participated in the facility's management and thereby voiding the
"security interest exemption" of CERCLA §101(20)(A). Comments on this
proposed rule were accepted through July 24,1991.
Final Rules
Citation:
February 11,1991
(56 £B 5634)
"Recategorization of NPL"
SUMMARY: This notice announces the recategorization of 14 Superfund
sites on the National Priorities List (NPL). The purpose of the
recategorization is to more clearly communicate to the public the status of
the cleanup process at sites.
Citation:
February 11, 1991
(56 £R 5598)
Citation:
March 21,1991
(56 FR 11938)
"Six Sites Added to NPL"
SUMMARY: This final rule amends Appendix B of the National Oil and
Hazardous Substance Pollution Contingency Plan (NCP) by adding six sites
to the NPL.
"One Site Deleted from NPL"
SUMMARY: This notice announces the deletion of the M&T DeLisa
Landfill site from the NPL.
45
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SUPERFUND (SF)
Final Rules
(cont'd)
Citation:
September 10,
1991
(56 EB 46121)
Citation:
September 25,
1991
(56 £B 48439)
Citation:
October 17, 1991
(56 FB 52166)
Citation:
December 24, 1991
(56 EB 66601)
"Four Sites Deleted from NPL"
SUMMARY: This notice announces the deletion of four sites from the NPL:
Union Scrap Iron and Metal, Minneapolis, Minnesota; Wedzeb Enterprise,
Lebanon, Indiana; Jibboom Junkyard, Sacramento, California; Lansdowne
Radiation, Lansdowne, Pennsylvania.
"One Site Added to NPL"
SUMMARY: This final rule amends Appendix B of the NCP by adding the
White Chemical Corporation site in Newark, New Jersey to the NPL.
"Revised Hazardous Substance Priority List"
SUMMARY: This notice provides a revised priority list of 275 hazardous
substances most commonly found at NPL facilities which have been
determined to pose the most significant potential threat to human health.
"Delinking Policy"
SUMMARY: This notice announces a change in the EPA policy that had
linked deletion from the NPL with "five-year reviews" conducted pursuant
to §121(c) of CERCLA. The Agency has now determined that the two
processes should be managed separately.
46
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UNDERGROUND STORAGE TANKS (UST)
Final Rules
Citation:
January 2,1991
(56 £B 24)
"Extension for Automatic Line Leak Detectors"
SUMMARY: This interim final rule delays for 270 days the requirements of
40 CFR §280.40(a)(3) for owners and operators to meet the specified leak
rate (under specified conditions) with a probability of detection of 0.95 and
a probability of false alarm of 0.05 on installed automatic line leak
detectors on USTs.
Citation:
May 10, 1991
(56 EB 21603)
Citation:
June 19, 1991
(56 EB 28089)
Citation:
August 13, 1991
(56 £B 38342)
"Georgia • Final Approval of UST Program"
SUMMARY: This notice announces the final approval of the State of
Georgia's underground storage tank program under Subtitle I of RCRA.
"New Hampshire - Final Approval of UST Program"
SUMMARY: This notice announces the final approval of the State of New
Hampshire's underground storage tank program under Subtitle I of RCRA.
"UST Overfill Requirements - Technical Amendments"
SUMMARY: This final rule allows overfill equipment to be used closer to
the top of larger bulk storage tanks because the Agency acknowledges that
sufficient volumes to receive excess product would still be available there.
It amends 40 CFR §280.20(c)(l)(ii).
Citation:
October 11, 1991
(56 £B 51333)
"North Dakota - Final Approval of UST Program"
SUMMARY: This notices announces the final approval of the State of
North Dakota's underground storage tank program under Subtitle I of
RCRA.
47
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UNDERGROUND STORAGE TANKS (UST)
Final Rules
(cont'd)
Citation:
December 23,
1991
(56 £R 663 69)
"UST Financial Responsibility Compliance Date"
SUMMARY: This final rule extends the date for compliance with financial
responsibility for Group 4 petroleum UST owners to December 31,1993. The
previous deadline under 40 CFR §280.91(d) was October 26,1991.
48
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EMERGENCY PLANNING AND COMMUNITY
RIGHT-TO-KNOW ACT (EPCRA)
Proposed
Rules
Citation:
January 11,1991
(56 £B 1154)
"Sunset Provisions"
SUMMARY: This proposed rule pertains to the "sunset" provision of 40
CFR §372.30(e). It proposes to retain range reporting on the Form R with
only minor modifications. Comments were accepted through February 11,
1991.
Citation:
July 26, 1991
(56 £R 34156)
"Toxic Chemical List Modification"
SUMMARY: EPA is proposing to delete the non-aerosol form of sulfuric
acid from the list of toxic chemicals subject to reporting under EPCRA §313.
Comments on this proposed deletion were accepted through September 24,
1991.
Citation:
September 25,
1991
(56 FR 48475)
"Pollution Prevention Act Form R Changes"
SUMMARY: This proposed rule contains the collection mechanism that
would incorporate into existing regulations the source reduction and
recycling information, specified in the Pollution Prevention Act, that all
facilities subject to reporting under EPCRA §313 must provide beginning in
the 1991 reporting year. Comments were accepted through November 12,
1991.
Final Rules
Citation:
May 23, 1991
(56 FR 23650)
"Copper Compound Category Amendment"
SUMMARY: This rule delists Pigment Blue 15, Pigment Green 7, and
Pigment Green 36 from the copper compounds category under EPCRA §313.
Facilities are relieved from reporting releases of these compounds that
occurred in 1990 and subsequent years.
49
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
Final Rules
(cont'd)
Citation:
May 23,1991
(56 EB 23703)
"Delisting Petition Policy"
SUMMARY: This notice outlines EPA's policy concurring with the
provisions for petitions to delist individual members of the metal compound
categories reportable under EPCRA §313 and provides guidance regarding
the appropriate support documentation necessary to allow the Agency to
make decisions on such petitions.
Citation:
June 26, 1991
(56 £R 29183)
"Sunset Provisions"
SUMMARY: This rule finalizes the decision that the range reporting
option on Form R used in 1990 will continue for subsequent years. This rule
also replaces the Form R and instructions found in the CFR with a Notice of
Availability and a listing of reportable data elements.
Citation:
September 26,
1991
(56 £B 48795)
"Revisions to TRI Reporting Form"
SUMMARY: This notice contains the Agency's guidelines for making
revisions to the toxic chemical release inventory (TRI) reporting form, or
Form R. This notice also identifies which data elements should and should
not be revised.
Citation:
November 22, 1991
(56 £B 58859)
"Denial of Chromium (III) Compounds Petition"
SUMMARY: EPA is denying a petition to delete chromium (III) oxide from
the §313 list of toxic chemicals. The petition was to exclude chromium (III)
compounds from the §313 list of chemicals. It was denied because chromium
(III) can be oxidized to chromium (IV) which is a human carcinogen.
50
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PART 3: INDICES
This section provides three indices to help you select and access the questions and answers
in Part 1. The first index references the questions by subject. The questions that address
that topic are listed below each subject. For example, to find questions dealing with
emissions, you would look in the subject index for the word "emissions" and find two
questions referenced under that subject: "Acid Waste Stream Release Reporting" and "Air
Emissions Permitting and Closed-loop Recycling." The reference provides the page number
for full text and is coded with a capital letter to indicate the relevant program (i.e.,
R=RCRA, S=Superfund, U=UST, and E=EPCRA).
The second index organizes the questions by regulatory citation, beginning with 40 CFR Part
261. This index is useful for identifying questions affecting specific portions of the
regulations. For example, under the heading "40 CFR Part 280 - Underground Storage
Tanks" is a question entitled "Flow-through Process Tank Exclusion."
Similarly, the third index organizes the questions by statutory citation. This index
references only Superfund and EPCRA questions by applicable CERCLA statute citation.
For example, the question entitled "SIC Code Change" is referenced under "Section 313 -
Toxic Chemical Release Forms."
These three indices allow the reader flexibility in searching for a specific topic or getting
an overview of the scope of the questions by selecting the approach most useful to the
reader.
51
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SUBJECT MATTER INDEX
Ammonia
"Ammonia Reporting" p. 27 (E)
"Human Waste Release Reporting" p. 30 (E)
Article
"Supplier Notification for Articles" p. 33 (E)
Ash
"Municipal Waste Combustion Ash" p. 11 (R)
Back reporting
"SIC Code Change" p. 35 (E)
Boilers and Industrial Furnaces
"Sham Recycling Policy as Applied to Certified
BIFs" p.3(R)
56 FR 7134; February 21,1991 p. 41 (R)
56 FR 32688; July 17,1991 p. 43 (R)
56 FR 42504; August 27,1991 p. 43 (R)
56 FR 43873; September 5,1991 p. 43 (R)
Btu/lb heating value
"Sham Recycling Policy As Applied to Certified
BIFs" p. 3 (R)
CERCLIS
"Citizen Notification for CERCLIS Sites" p. 18 (S)
Certification of Compliance
"Sham Recycling Policy As Applied to Certified
BIFs" p. 3 (R)
Characteristic waste
"Reportable Quantities of ICR Substances" p. 20 (S)
56 FR 5910; February 13,1991 p. 41 (R)
56 FR 13406; April 2,1991 p. 41 (R)
Citizen notification
"Citizen Notification for CERCLIS Sites" p. 18 (S)
Clean Air Act Amendments
"CAA Amendments Hazardous Air Pollutants
Under UST Program" p. 17, 24 (S), (U)
"Municipal Waste Combustion Ash" p. 11 (R)
Clean Water Act mixture rule
"Reportable Quantities of ICR Substances" p. 20
(S)
Closure
"Closure and Post-Closure After Loss of Interim
Status" p. 8 (R)
Commercial chemical product
"Off-specification Circuit Printing Boards" p. 11
(R)
Concentration
"Range Reporting on Supplier Notification" p.34
(E)
"Supplier Notification for Pure Chemicals" p. 33
(E)
Construction work
"Construction Work During Calendar Year"
p. 29 (E)
Contained-in
"Leachate-Contaminated Groundwater" p. 10 (R)
'Treatment Standard for Reinjected Groundwater
from Corrective Action" p. 5 (R)
Contract
"Lease Agreement Reporting Responsibility" p. 25
(E)
Corrective action
"Leachate-Contaminated Groundwater" p. 10 (R)
'Treatment Standard for Reinjected Groundwater
from Corrective Action" p. 5 (R)
Degreasing
"Solvent Wastes F001 and F002 Definitions Com-
pared" p. 14 (R)
De minimis
"Otherwise Use Activity" p. 31 (E)
"Wastewater Trucked Under §261.3(a)(2)(iv)(A)
Exemption" p. 15 (R)
Discovery
"Citizen Notification for CERCLIS Sites" p. 18 (S)
Drip pad
"Drip Pad Administrative Stay for Wood Preserv-
ing Facilities" p. 8 (R)
56 FR 27332; June 13,1991 p. 42 (R)
56 FR 63848; December 5,1991 p. 40 (R)
Emergency planning
"Ownership Change and Responsibility for Report-
ing" p. 26 (E)
Emergency release reporting
"Tank-Truck Gasoline Leak During Transport"
p. 35 (E)
Emissions
"Acid Waste Stream Release Reporting" p. 27 (E)
"Air Emission Permitting and Closed-loop Recy-
cling Units" p. 7 (R)
56 FR 7134; February 21,1991 p. 41 (R)
56 FR 33490; July 22,1991 p. 39 (R)
Enforcement
"Closure and Post-Closure After Loss of Interim
Status" p. 8 (R)
LEGEND:
(E) = EPCRA (S) = SUPERFUND
(R) = RCRA (U) = UST
53
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Equipment
"Barges Release Reporting Requirements" p. 28 (E)
Evaporation
"Otherwise Use Activity" p. 31 (E)
F001
"Solvent Wastes F001 and F002 Definitions Com-
pared" p.14 (R)
F002
"Solvent Wastes F001 and F002 Definitions Com-
pared" p.14 (R)
F032
"Drip Pad Administrative Stay for Wood Preserv-
ing Facilities" p. 8 (R)
56 FR 27332; June 13,1991 p. 42 (R)
56 FR 63848; December 5,1991 p. 40 (R)
F034
"Drip Pad Administrative Stay for Wood Preserv-
ing Facilities" p. 8 (R)
56 FR 27332; June 13,1991 p. 42 (R)
56 FR 63848; December 5,1991 p. 40 (R)
F035
"Drip Pad Administrative Stay for Wood Preserv-
ing Facilities" p. 8 (R)
56 FR 27332; June 13,1991 p. 42 (R)
56 FR 63848; December 5,1991 p. 40 (R)
F037
"Petroleum Refinery Wastewater Treatment
Sludge" p. 12 (R)
56 FR 21955; May 13,1991 p. 42 (R)
F038
"Petroleum Refinery Wastewater Treatment
Sludge" p. 12 (R)
56 FR 21955; May 13,1991 p. 42 (R)
F039
"Leachate-Contaminated Groundwater" p. 10 (R)
Facility
"Barges Release Reporting Requirements" p. 28 (E)
Flow-through process tank
"Flow-through Process Tank Exclusion" p. 23 (U)
Form R
"NPDES Number on the Form R" p. 31 (E)
56 FR 48475; September 25,1991 p. 49 (E)
56 FR 48795; September 26,1991 p. 50 (E)
Full-time employee threshold
"Disabled Employee Toward FTE Threshold"
p. 29 (E)
"Non-salaried Worker Toward FTE Threshold"
p. 30 (E)
Generator accumulation
"Interim Status Part A Permit Application With-
drawal" p. 6 (R)
Groundwater
"Leachate-Contaminated Groundwater" p. 10 (R)
'Treatment Standard for Reinjected Groundwater
from Corrective Action" p. 5 (R)
Hazardous substance
"CAA Amendments Hazardous Air Pollutants
Under UST Program" p. 17, 24 (S),(U)
"Release Into the Environment of a Hazardous
Substance" p. 19 (S)
"Reportable Quantities of ICR Substances" p. 20 (S)
56 FR 52166; October 17,199"! p. 46 (S)
Hazardous waste definition
"Drip Pad Administrative Stay for Wood Preserv-
ing Facilities" p. 8 (R)
"Generator Waste Determination and LDR
Recordkeeping Modifications" p. 4 (R)
"Leachate-Contaminated Groundwater" p. 10 (R)
"Municipal Waste Combustion Ash" p. 11 (R)
"Off-specification Circuit Printing Boards" p. 11
(R)
"Petroleum Refinery Wastewater Treatment
Sludge" p. 12 (R)
"Solvent Wastes F001 and F002 Definitions Com-
pared" p. 14 (R)
"Treatment Standard for Reinjected Groundwater
from Corrective Action" p. 5 (R)
"Wastewater Trucked Under §261.3(a)(2)(iv)(A)
Exemption" p. 14 (R)
56 FR 5910; February 13,1991 p. 41 (R)
56 FR 13406; April 2,1991 p. 41 (R)
56 FR 19951; May 1,1991 p. 42(R)
56 FR 21955; May 13,1991 p. 42 (R)
56 FR 27300; June 13,1991 p. 42 (R)
56 FR 27332; June 13,1991 p. 42 (R)
56 FR 35758; July 26,1991 p. 39 (R)
56 FR 48000; September 23,1991 p. 40 (R)
56 FR 51592; October 11,1991 p. 40 (R)
56 FR 63848; December 5,1991 p. 40 (R)
Interim status
"Closure and Post-Closure After Loss of Interim
Status" p. 8 (R)
"Interim Status Part A Permit Application With-
drawal" p. 6 (R)
Into the environment
"Release Into the Environment of a Hazardous
Substance" p. 19 (S)
LEGEND:
(E) = EPCRA (S) = SUPERFUND
(R) = RCRA (U) = UST
54
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K069
56 FR19951; May 1,1991 p. 42 (R)
Laboratory exemption
"Sample Product for Distribution" p. 34 (E)
Land disposal unit
"Closure and Post-Closure After Loss of Interim
Status" p. 8 (R)
LDR notification
"Generator Waste Determination and
Recordkeeping Under LDR" p. 4 (R)
56 FR 3864; January 31,1991 p. 41 (R)
LDR treatment standard
"Generator Waste Determination and LDR
Recordkeeping Modifications" p. 4 (R)
"Leachate-Contaminated Groundwater" p. 10 (R)
"Treatment Standard for Reinjected Groundwater
from Corrective Action" p. 5 (R)
56 FR 3864; January 31,1991 p. 41 (R)
56 FR 24444; May 30,1991 p. 39 (R)
56 FR 41164; August 19,1991 p. 43 (R)
56 FR 55160; October 24,1991 p. 40 (R)
Leachate
"Leachate-Contaminated Wastewater" p. 10 (R)
Lease agreement
"Lease Agreement Reporting Responsibility" p. 25
(E)
Liability
"Lease Agreement Reporting Responsibility" p. 25
(E)
"Ownership Change and Responsibility for Report-
ing" p.26 (E)
56 FR 28798; June 24,1991 p. 45 (S)
Location information
"Inspections of Facilities by Fire Department"
p. 25 (E)
Manufacturing threshold
"Ammonia Reporting" p. 27 (E)
Manufacturing operation
"Flow-through Process Tank Exclusion" p. 23 (U)
Mixture
"Range Reporting on Supplier Notification" p. 34
(E)
"Release Into the Environment of a CERCLA
Hazardous Substance" p. 19 (S)
"Wastewater Trucked Under §261.3(a)(2)(iv)(A)
Exemption" p. 14 (R)
Municipal waste
"Municipal Waste Combustion Ash" p. 11 (R)
56 FR 50978; October 9,1991 p. 44 (R)
National Priorities List (NPL)
56 FR 5634; February 11,1991 p. 45 (S)
56 FR 5598; February 11,1991 p. 45 (S)
56 FR 11938; March 21,1991 p. 45 (S)
56 FR 46121; September 10,1991 p. 46 (S)
56 FR 48439; September 25,1991 p. 46 (S)
56 FR 66601; December 24,1991 p. 46 (S)
Neutralization
"Acid Waste Stream Release Reporting" p. 27
(E)
New facility
"Ownership Change: Effect on Facility TRI Identi-
fication Number" p. 32 (E)
Newspaper notice
"Notice to Potentially Injured Parties" p. 19 (S)
Nonmanufacturing activity
"SIC Code Change" p. 35 (E)
NPDES number
"NPDES Number on the Form R" p. 31 (E)
On-site inspection
"Inspections of Facilities by Fire Department"
p. 25 (E)
Otherwise use threshold
"Otherwise Use Activity" p. 31 (E)
"Packaging Material Effect on Threshold Determi-
nation" p.32 (E)
Owner/operator
"Ownership Change: Effect on Facility TRI Identi-
fication Number" p. 32 (E)
"Ownership Change and Responsibility for Report-
ing" p. 26 (E)
Packaging
"Packaging Material Effect on Threshold Determi-
nation" p. 32 (E)
Part A permit
"Closure and Post-Closure After Loss of Interim
Status" p. 8 (R)
"Interim Status Part A Permit Application With-
drawal" p. 6 (R)
Permit
"Air Emission Permitting and Closed-loop Recy-
cling Units" p. 7 (R)
LEGEND:
(E) = EPCRA (S) = SUPERFUND
(R) = RCRA (U) = UST
55
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Personal use exemption
"Human Waste Release Reporting" p. 30 (E)
Petition
"Citizen Notification for CERCLIS Sites" p. 18 (S)
56 FR 23650; May 23,1991 p. 49 (E)
56 FR 23703; May 23,1991 p. 50 (E)
56 FR 34156; July 26,1991 p. 49 (E)
56 FR 58859; November 22,1991 p. 50 (E)
Petroleum refinery waste
"Petroleum Refinery Wastewater Treatment
Sludge" p. 12 (R)
PH
"Acid Waste Stream Release Reporting" p. 27 (E)
Pollution Prevention
56 FR 48475; September 25,1991 p. 49 (E)
Preliminary Assessment
"Citizen Notification for CERCLIS Sites" p. 18 (S)
Protective filer
"Interim Status Part A Permit Application With-
drawal" p. 6 (R)
Pure chemical
"Supplier Notification for Pure Chemicals" p. 33
(E)
Recordkeeping
"Generator Waste Determination and LDR
Recordkeeping Modifications" p. 5 (R)
Recycling
"Air Emission Permitting and Closed-loop Recy-
cling Units" p. 7 (R)
"Off-specification Circuit Printing Boards" p. 11
(R)
"Sham Recycling Policy As Applied to Certified
BIFs" p. 3 (R)
Regulated substance
"CAA Amendments Hazardous Air Pollutants
Under UST Program" p. 17, 24 (S),(U)
Release
"Barges Release Reporting Requirements" p. 28 (E)
"Human Waste Release Reporting" p. 30 (E)
"Notice to Potentially Injured Parties" p. 19 (S)
"Release Into the Environment of a Hazardous
Substance" p. 19 (S)
Reportable quantity
"Release Into the Environment of a Hazardous
Substance" p. 19 (S)
"Reportable Quantities of ICR Substances" p. 20
(S)
56 FR 12826; March 27,1991 p. 45 (S)
Report, combined/separate
"Ownership Change and Responsibility for Report-
ing" p. 26 (E)
Sample distribution
"Sample Product for Distribution" p. 34 (E)
SIC code
"SIC Code Change" p. 35 (E)
Solid waste definition
"Air Emission Permitting and Closed-loop Recy-
cling Units" p. 7 (R)
"Off-specification Circuit Printing Boards" p. 11
(R)
Solvent waste
"Solvent Wastes F001 and F002 Definitions Com-
pared" p. 14 (R)
"Wastewater Trucked Under §261.3(a)(2)(iv)(A)
Exemption" p. 15 (R)
State prog ram
"Air Emission Permitting and Closed-loop Recy-
cling Units" p. 7 (R)
56 FR 21603; May 10,1991 p. 47 (U)
56 FR 28089; June 19,1991 p. 47 (U)
56 ¥R 51333; October 11,1991 p. 47 (U)
Strong acid
"Acid Waste Stream Release Reporting" p. 27 (E)
Supplier notification
"Range Reporting on Supplier Notification" p. 34
(E)
"Supplier Notification for Articles" p. 33 (E)
"Supplier Notification for Pure Chemicals" p. 33
(E)
Sunset Provisions
56 FR 1154; January 11,1991 p. 49 (S)
56 FR 29138; June 26,1991 p. 50 (E)
Temporary shutdown
"Construction Work During Calendar Year"
p. 29 (E)
Threshold
"Construction Work During Calendar Year" p. 29
(E)
"Inspections of Facilities by Fire Department"
p. 25 (E)
"Packaging Material Effect on Threshold Determi-
nation" p. 32 (E)
Transportation
"Tank Truck Gasoline Leak During Transport"
p. 35 (E)
"Wastewater Trucked Under §261.3(a)(2)(iv)(A)
Exemption" p. 14 (R)
LEGEND:
(E) = EPCRA (S) = SUPERFUND
(R) = RCRA (U) = UST
56
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Treatment
"Interim Status Part A Permit Application With-
drawal" p.6(R)
Trial sample
"Sample Product for Distribution" p. 34 (E)
Underground Injection
"Leachate-Contaminated Groundwater" p. 10 (R)
'Treatment Standard for Reinjected Groundwater
from Corrective Action" p. 5 (R)
Underground storage tank
"CAA Amendments Hazardous Air Pollutants
Under UST Program" p. 17,24 (S), (U)
"Flow-through Process Tank Exclusion" p. 23 (U)
56 FR 24; January 2,1991 p. 47 (U)
56 FR 21603; May 10,1991 p. 47 (U)
56 FR 28089; June 19,1991 p. 47 (U)
56 FR 38342; August 13,1991 p. 47 (U)
56 FR 51333; October 11,1991 p. 47 (U)
56 FR 66369; December 23,1991 p. 47 (U)
Unlisted hazardous substance
"Reportable Quantities of ICR Substances" p. 20
(S)
Waste code
"Drip Pad Administrative Stay for Wood Preserv-
ing Facilities" p. 8 (R)
"Generator Waste Determination and LDR
Recordkeeping Modifications" p. 4 (R)
"Leachate-Contaminated Groundwater" p. 10 (R)
"Petroleum Refinery Wastewater Treatment
Sludge" p. 12 (R)
"Solvent Wastes F001 and F002 Definitions Com-
pared" p.14 (R)
56 FR 5910; February 13,1991 p. 41 (R)
56 FR 13406; April 2,1991 p. 41 (R)
56 FR 19951; May 1,1991 p. 42 (R)
56 FR 21955; May 13,1991 p. 42 (R)
56 FR 27300; June 13,1991 p. 42 (R)
56 FR 27332; June 13,1991 p. 42 (R)
56 FR 35758; July 26,1991 p. 39 (R)
56 FR 48000; September 23,1991 p. 40 (R)
56 FR 51592; October 11,1991 p. 40 (R)
56 FR 63848; December 5,1991 p. 40 (R)
Wastewater Treatment Unit
"Wastewater Trucked Under §261.3(a)(2)(iv)(A)
Exemption" p. 14 (R)
Wood preserving
"Drip Pad Administrative Stay for Wood Preserv-
ing Facilities" p. 8 (R)
56 FR 27332; June 13,1991 p. 42 (R)
56 FR 63848; December 5,1991 p. 40 (R)
LEGEND:
(E) = EPCRA (S) = SUPERFUND
(R) = RCRA (U) = UST
57
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REGULATORY CITATION INDEX
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
40 CFR Part 258 - Criteria for Municipal Solid Waste Landfills
56 FR 50978, October 9,1991 p. 44
40 CFR Part 261 - Identification and Listing of Hazardous Waste
"Air Emission Permitting and Closed-loop Recycling Units" p. 7
"Drip Pad Administrative Stay for Wood Preserving Facilities" p. 8
"Generator Waste Determination and LDR Recordkeeping Modifications" p. 4
"Leachate-Contaminated Groundwater" p. 10
"Municipal Waste Combustion Ash" p. 11
"Off-specification Circuit Printing Boards" p. 11
"Petroleum Refinery Wastewater Treatment Sludge" p. 12
"Solvent Wastes F001 and F002 Definitions Compared" p. 14
'Wastewater Trucked Under §261.3(a)(2)(iv)(A) Exemption" p. 14
56 FR 5910; February 13,1991 p. 41
56 FR 13406; April 2,1991 p. 41
56 FR 19951; May 1,1991 p. 42
56 FR 21955; May 13,1991 p. 42
56 FR 27300; June 13,1991 p. 42
56 FR 27332; June 13,1991 p. 42
56 FR 35758, July 26,1991 p. 39
56 FR 48000; September 23,1991 p.40
56 FR 50978; October 11,1991 p. 44
56 FR 63848; December 5,1991 p. 40
40 CFR Part 262 - Standards Applicable to Generators of Hazardous Waste
"Generator Waste Determination and LDR Recordkeeping Modifications" p. 4
"Interim Status Part A Permit Application Withdrawal" p. 6
40 CFR Parts 264/5 - Standards for Owners and Operators of Hazardous Waste
Treatment, Storage and Disposal Facilities (TSDFs)
"Air Emission Permitting and Closed-loop Recycling Units" p. 7
"Closure and Post-Closure After Loss of Interim Status" p. 8
"Drip Pad Administrative Stay for Wood Preserving Facilities" p. 8
"Leachate-Contaminated Groundwater" p. 10
"Interim Status Part A Permit Application Withdrawal" p. 6
'Treatment Standard for Reinjected Groundwater from Corrective Action" p. 5
56 FR 33490; July 22,1991 p. 39
56 FR 63848; December 5,1991 p. 40
59
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40 CFR Part 266 - Standards for the Management of Specific Hazardous Wastes and
Specific Types of Hazardous Waste Management Facilities
"Sham Recycling Policy As Applied to Certified BIFs" p. 3
56 FR 7134; February 21,1991 p. 41
56 FR 32688; July 17,1991 p. 43
56 FR 42504; August 27,1991 p. 43
56 FR 43873; September 5,1991 p. 43
56 FR 48000; September 23,1991 p. 40
40 CFR Part 268 - Land Disposal Restrictions (LDR)
"Generator Waste Determination and LDR Recordkeeping Modifications" p. 4
"Leachate-Contaminated Groundwater" p. 5
'Treatment Standard for Reinjected Groundwater from Corrective Action" p. 5
56 FR 3864; January 31,1991 p. 41
56 FR 24444; May 30,1991 p. 39
56 FR 41164; August 19,1991 p. 43
56 FR 55160; October 24,1991 p. 40
40 CFR Part 270 - EPA Administered Permit Programs: The Hazardous Waste Permit
Program
"Air Emission Permitting and Closed-loop Recycling Units" p. 7
"Closure and Post-Closure After Loss of Interim Status" p. 8
"Interim Status Part A Permit Application Withdrawal" p. 6
40 CFR Parts 271/2 - State Hazardous Waste Programs
"Air Emission Permitting and Closed-loop Recycling Units" p. 7
UNDERGROUND STORAGE TANKS (UST)
40 CFR Part 280 - Underground Storage Tanks
"CAA Amendments Hazardous Air Pollutants Under UST Program" p. 17, 24
"How-through Process Tank Exclusion" p. 23
56 FR 24; January 2,1991 p. 41
56 FR 21603; May 10,1991 p. 41
56 FR 28089; June 19,1991 p. 47
56 FR 38342; August 13,1991 p. 41
56 FR 51333; October 11,1991 p. 47
56 FR 66369; December 23,1991 p. 48
60
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SUPERFUND (SF)
40 CFR Part 300 - National Oil and Hazardous Substance Pollution Contingency Plan
"Citizen Notification for CERCLIS Sites" p. 18
56 FR 5634; February 11,1991 p. 45
56 FR 5598; February 11,1991 p. 45
56 FR 11938; March 21,1991 p. 45
56 FR 46121; September 10,1991 p. 46
56 FR 48439; September 25,1991 p. 46
56 FR 52166; October 17,1991 p. 46
56 FR 66601; December 24,1991 p. 46
40 CFR Part 302 - Designation, Reportable Quantities, and Notification
"CAA Amendments Hazardous Air Pollutants Under UST Program" p. 17
"Release Into the Environment of a CERCLA Hazardous Substance" p. 19
"Reportable Quantities of ICR Substances" p. 20
56 FR 12826; March 27,1991 p. 45
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
40 CFR Part 355 - Emergency Planning and Notification
Tank Truck Gasoline Leak During Transport" p. 35
40 CFR Part 370 - Hazardous Chemical Reporting: Community Right-to-Know
Section 370.20
"Inspections of Facilities by Fire Department" p. 25
"Lease Agreement Reporting Responsibilities" p. 25
"Ownership Change and Responsibility for Reporting" p. 26
Section 370.25
"Inspections of Facilities by Fire Department" p. 25
61
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40 CFR Part 372 - Toxic Chemical Release Reporting: Community Right-to-Know
Section 372.22
"Construction Work During Calendar Year" p. 29
"Disabled Employee Toward FTE Threshold" p. 29
"Non-salaried Worker Toward FTE Threshold" p. 30
"SIC Code Change" p. 35
Section 372.25
"Ammonia Reporting" p. 27
"Construction Work During Calendar Year" p. 29
"Otherwise Use Activity" p. 31
'Packaging Material Effect on Threshold Determination" p. 32
Section 372.30
56 FR 1154; January 11,1991 p. 49
56 FR 29183; June 26,1991 p. 50
Section 372.38
"Human Waste Release Reporting" p. 30
"Otherwise Use Activity" p. 31
"Supplier Notification for Articles" p. 33
"Sample Product for Distribution" p. 34
Section 372.45
"Range Reporting on Supplier Notification" p. 34
"Supplier Notification for Articles" p. 33
"Supplier Notification for Pure Chemicals" p. 33
Section 372.65
56 FR 23650; May 23,1991 p. 49
56 FR 23703; May 23,1991 p. 50
56 FR 34156; July 26,1991 p. 49
56 FR 58859; November 22,1991 p. 50
Section 372.85
"Acid Waste Stream Release Reporting" p. 27
"Barges Release Reporting Requirements" p. 28
"NPDES Number on Form R" p. 31
"Ownership Change Affect on Facility TRI Identification Number" p. 32
'Tank-Truck Gasoline Leak During Transport" p. 35
56 FR 48475; September 25,1991 p.49
56 FR 48795; September 26,1991 p. 50
62
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STATUTORY CITATION INDEX
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Subtitle C - Hazardous Waste Management
Section 3001 - Identification and listing of hazardous waste
"Drip Pad Administrative Stay for Wood Preserving Facilities" p. 8
"Municipal Waste Combustion Ash" p. 11
"Off-specification Circuit Printing Boards" p. 11
"Petroleum Refinery Wastewater Treatment Sludge" p. 12
"Solvent Wastes F001 and F002 Definitions Compared" p. 14
"Wastewater Trucked Under §261.3(a)(2)(iv)(A) Exemption" p. 14
56 FR 5910; February 13,1991 p. 41
56 FR 13406; April 2,1991 p. 41
56 FR 19951; May 1,1991 p. 42
56 FR 21955; May 13,1991 p. 42
56 FR 27300; June 13,1991 p. 42
56 FR 27332; June 13,1991 p. 42
56 FR 35758, July 26,1991 p. 39
56 FR 48000; September 23,1991 p. 40
56 FR 50978; October 11,1991 p. 44
56 FR 63848; December 5,1991 p. 40
Section 3002 - Standards applicable to generators of hazardous waste
"Generator Waste Determination and LDR Recordkeeping Modifications" p. 4
"Interim Status Part A Permit Application Withdrawal" p. 6
Section 3004 - Standards applicable to owners and operators of hazardous waste
treatment, storage, and disposal facilities
"Closure and Post-Closure After Loss of Interim Status" p. 8
"Drip Pad Administrative Stay for Wood Preserving Facility" p. 8
"Generator Waste Determination and LDR Recordkeeping Modifications" p. 4
"Leachate Contaminated Gas" p. 10
"Sham Recycling Policy as Applied to Certified BIFs" p. 3
"Treatment Standard for Reinjected Groundwater from Corrective Action" p. 5
56 FR 3864; January 31,1991 p. 41
56 FR 7134; February 21,1991 p. 41
56 FR 24444; May 30,1991 p. 39
56 FR 32688; July 17,1991 p. 43
56 FR 33490; July 22,1991 p. 39
56 FR41164; August 19,1991 p. 43
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Section 3004 - Standards applicable to owners and operators of hazardous waste
treatment, storage, and disposal facilities (cont'd)
56 FR 42504; August 27,1991 p. 41
56 FR 43873; September 5,1991 p. 43
56 FR 48000; September 23,1991 p. 40
56 FR 55160; October 24,1991 p. 40
56 FR 63848; December 5,1991 p. 40
Section 3005 - Permits for treatment, storage, and disposal of hazardous waste
"Closure and Post-Closure After Loss of Interim Status" p. 8
"Interim Status Part A Permit Application Withdrawal" p. 6
56 FR 7134; February 21,1991 p. 41
Section 3008 - Federal enforcement
"Air Emission Permitting and Closed-Loop Recycling Units" p. 7
Section 3020 - Interim control of hazardous waste injection
'Treatment Standard for Reinjected Groundwater from Corrective Action" p. 5
Subtitle D - Solid Waste Management
56 FR 50978, October 9,1991 p. 44
UNDERGROUND STORAGE TANKS (UST)
SUBTITLE I, RCRA
Section 9001 - Definitions and exemptions
"CAA Amendments Hazardous Air Pollutants Under UST Program" p. 17
"Flow-through Process Tank Exclusion" p. 23
Section 9003 - Release detection, prevention, and correction regulations
56 FR 24; January 2,1991 p. 47
56 FR 38342; August 13,1991 p. 47
56 FR 66369; December 23,1991 p. 48
Section 9004 - Approval of state programs
56 FR 21603; May 10,1991 p. 41
56 FR 28089; June 19,1991 p. 47
56 FR 51333; October 11,1991 p. 47
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SUPERFUND (SF)
Section 101 - Definitions
"CAA Amendments Hazardous Air Pollutants Under UST Program" p. 17
"Release Into the Environment of a Hazardous Substance" p. 19
Section 102 - Reportable Quantities and Additional Designations
"Release Into the Environment of a Hazardous Substance" p. 19
"Reportable Quantities of ICR Substances" p. 20
56 FR 12826; March 27,1991 p. 45
Section 103 - Notices, Penalties
"Release Into the Environment of a Hazardous Substance" p. 19
"Reportable Quantities of ICR Substances" p. 20
Section 104 - Response Authorities
56 FR 52166; October 17,1991 p. 46
Section 105 - National Contingency Plan
"Citizen Notification for CERCLIS Sites" p. 18
56 FR 5634; February 11,1991 p. 45
56 FR 5598; February 11,1991 p. 45
56 FR 11938; March 21,1991 p. 45
56 FR 46121; September 10,1991 p. 46
56 FR 48439; September 25,1991 p. 46
56 FR 66601; December 24,1991 p. 46
Section 107 - Liability
56 FR 28798; June 24,1991 p. 45
Section 111 - Uses of Fund
"Notice to Potentially Injured Parties" p. 19
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
Sections 302/303 - Substance and Facilities Covered and Notification/
Comprehensive Emergency Response Plans
"Ownership Change and Responsibility for Reporting" p. 26
Section 304 - Emergency Notification
"Tank-Truck Gasoline Leak During Transport" p. 35
Sections 311/312 - Material Safety Data Sheets/Emergency and Hazardous
Chemical Inventory Forms
"Inspections of Facilities by Fire Department" p. 25
"Lease Agreement Reporting Responsibilities" p. 25
"Ownership Change and Responsibility for Reporting" p. 26
Section 313 - Toxic Chemical Release Forms (Form R)
"Acid Waste Stream Release Reporting" p. 27
"Ammonia Reporting" p. 27
"Barges Release Reporting Requirements" p. 28
"Construction Work During Calendar Year" p. 29
"Disabled Employee Toward FTE Threshold" p. 29
"Human Waste Release Reporting" p. 30
"NPDES Number on the Form R" p. 31
"Non-salaried Worker Toward FTE Threshold" p. 30
"Otherwise Use Activity" p. 31
"Ownership Change Affect on Facility TRI Identification Number" p. 32
"Packaging Material Effect on Threshold Determination" p. 32
"Range Reporting on Supplier Notification" p. 34
"Sample Product for Distribution" p. 34
"SIC Code Change" p. 35
"Supplier Notification for Articles" p. 33
"Supplier Notification for Pure Chemicals" p. 33
"Tank Truck Gasoline Leak During Transport" p. 35
56 FR 1154; January 11,1991 p. 49
56 FR 23650; May 23,1991 p. 49
56 FR 23703; May 23,1991 p. 50
56 FR 29183; June 26,1991 p. 50
56 FR 34156; July 26,1991 p. 49
56 FR 48475; September 25,1991 p. 49
56 FR 48795; September 26,1991 p. 50
56 FR 58859; November 22,1991 p. 50
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Section 327 - Exemption
"Tank Truck Gasoline Leak During Transport" p. 35
Section 329 - Definitions
"Barges Release Reporting Requirements" p. 28
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