United States
Environmental Protection
Agency
Solid Waste and
Emergency Response
(OS-305)
PB93-159572
EPA/53Q-R-92-014M
March 1993
vvEPA Inside the Hotline
A Compilation of 1992 Monthly
Hotline Reports
PROTECTION
AGENCY
TEXA9
UBRARY
Emergency Planning and
Community Right-to-Know
Resource Conservation
and Recovery Act
Superfund
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RCRA/SF/OUST Hotline Emergency Planning and Community
National Toll Free No.: 800-424-9346 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
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TABLE OF CONTENTS
INTRODUCTION iii
\
PART 1: QUESTIONS AND ANSWERS 1
Resource Conservation and Recovery Act (RCRA) 3
General 3
Generators 4
Land Disposal Restrictions 6
Medical Waste 8
Municipal Solid Waste 8
TSDFs 10
Used Oil 15
Waste Identification 16
Superfund (SF) 27
Cleanup Requirements 27
Financial 33
General 34
Notification 37
Off ice of Underground Storage Tanks (OUST) 39
Applicability 39
Operating Requirements 40
State Programs 42
Emergency Planning and Community Right-to-Know Act (EPCRA) 43
Emergency Planning and Release Notification 43
Hazardous Chemical Inventory Reporting 45
Toxic Chemical Release Inventory 46
PART 2: FEDERAL REGISTER SUMMARIES 59
Resource Conservation and Recovery Act (RCRA) 61
Superfund (SF) 67
Off ice of Underground Storage Tanks (OUST) 71
Emergency Planning and Community Right-to-Know Act (EPCRA) 73
PART 3: INDICES 75
Subject Index 77
Regulatory Citation Index 83
Statutory Index 89
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INTRODUCTION
The Resource Conservation and Recovery Act (RCRA)/Superfund (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 1992. 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 1992 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: PB93-159 572.
Individual copies of the 1992 Monthly Hotline Reports are also available from NTIS.
Order information is as follows:
January 1992 PB92-922 401
February 1992 PB92-922 402
March 1992 PB92-922 403
April 1992 PB92-922 404
May 1992 PB92-922 405
June 1992 PB92-922 406
July 1992 PB92-922 407
August 1992 PB92-922 408
September 1992 PB92-922 409
October 1992 PB92-922 410
November 1992 PB92-922 411
December 1992 PB92-922 412
January - December 1992 PB92-922 413
111
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PART 1: QUESTIONS AND ANSWERS
This section contains a compilation of all the questions and answers from individual
RCRA/Superfund/OUST and EPCRA Hotline Monthly Reports for the period of
January to December 1992. The questions in these reports arise from actual Hotline
calls. While the number of questions represent only a small fraction of the total
questions received, they do represent commonly asked or significant questions received
by the Hotline. During 1992 the Hotline responded to over 200,000 questions regarding
EPA regulations, programs, guidance documents, and other related matters. Of the
207,781 questions received, over two thirds of the questions concerned regulatory
information and nearly one quarter wanted EPA documents. Nine percent of the queries
were not within the Hotline's purview to answer and were referred to an appropriate
information source. Figure 2 breaks down the questions by program area. The RCRA
program received the highest number of questions, nearly 60 percent. The number and
type of questions in this report reflect the percentages cited in Figure 2.
The answers to the questions have undergone program and legal review and often reference
other pertinent sources of information such as CFR citations, Federal Register notices, and
Agency memoranda. 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.
Documents
49,465
(24%)
Figure 1*
Questions by Type
Referrals
18,363
(9%)
Figure 2**
Questions by Program
UST
SF 6,176
20,280 (3%)
(11%)
EPCRA
51,402
(27%)
Regulatory Questions
139,953
(67%)
*Based on 207,781 questions received during 1992.
**Excludes 18,363 referrals made to other information sources.
RCRA
111,560
(59%)
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RESOURCE CONSERVATION AND RECOVERY
ACT (RCRA)
General
Key Words:
Funding: reauthorization
"Funding for the RCRA Program and RCRA Reauthorization"
QUESTION: What is the current status of the funding for the Resource
Conservation and Recovery Act (RCRA) program? When will the RCRA
statute be reauthorized?
ANSWER: When the Hazardous and Solid Waste Amendments of 1984
(HSWA) amended RCRA, §2007(a) authorized funding for the RCRA
program through September 30,1988. There have been no changes made to
§2007(a) since 1984. Instead, funding for the RCRA program has been
provided through an annual Congressional "de-facto" appropriations
process. Through this process, Congress is able to appropriate money to EPA
without going through the lengthy process of reauthorizing the statute. If
Congress does not appropriate money, the funding for the program would
expire. EPA's authority to regulate pursuant to RCRA, however, is
separate from all funding issues and would not be affected. Several
different bills addressing various solid and hazardous waste issues have
been introduced in the House and the Senate. (January 1992 Monthly
Hotline Report)
Clarification: These bills were introduced during the 102nd Congress.
Comprehensive RCRA reauthorization bills had not been introduced during
the 103rd Congress as of the publication of the Annual Report.
Key Words:
Information management;
database; RCRIS;
recordkeeping
"Resource Conservation and Recovery Information System
(RCRIS)"
QUESTION: What is RCRIS?
ANSWER: The Resource Conservation and Recovery Information System
(RCRIS) is a major national information system that helps EPA Regions
and States in the daily operations and implementation of the RCRA
Subtitle C program. As of December 1991, it was fully implemented by all
Regions and States, effectively superseding the Hazardous Waste Data
Management System (HWDMS). RCRIS also tracks data previously
contained in the Corrective Action Reporting System (CARS). Both
HWDMS and CARS were archived in January 1992.
RCRIS is both a program management and inventory system of RCRA
hazardous waste handlers. RCRIS captures identification and location
data for all handlers of hazardous waste and a wide range of information
on hazardous waste treatment, storage, and disposal facilities regarding
permit and closure status, compliance with Federal and State regulations,
and cleanup (corrective action) activities.
3
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
"Resource Conservation and Recovery Information System
(RCRIS)" (cont'd)
ANSWER: Data are collected from notification forms and permit
applications submitted by hazardous waste handlers, as well as from
information gathered at inspections. EPA Regions and RCRA-authorized
States enter information directly into RCRIS. Core data from the Regions
and States are then uploaded to the RCRIS National Oversight database
monthly for use by EPA Headquarters in its oversight of the RCRA program
and to respond to public requests for information. (March 1992 Monthly
Hotline Report)
Generators
Key Words:
Generator accumulation;
import; transportation
"Accumulation Time for Hazardous Waste Importers"
QUESTION: A U.S. hazardous waste broker wishes to import hazardous
waste by truck from Mexico into the United States. Assuming the shipment
passes U.S. Customs, the broker wishes to accumulate the hazardous waste
at a warehouse near the border for 45 days in order to consolidate several
shipments before transporting the hazardous waste to a designated TSDF.
According to 40 CFR §262.60, an importer of hazardous waste must comply
with the generator requirements of 40 CFR Part 262. Section 262.20 also
requires the importer to comply with certain manifesting requirements
specific to imports (§262.60(b)). Once the waste is imported into the United
States, can the importer accumulate hazardous waste (per §262.34) at or
near the point of entry to the United States (e.g., in a warehouse) for 90
days or less without a permit or interim status prior to shipping it to the
designated TSDF?
ANSWER: Although it is correct that importers must comply with Part
262, Standards Applicable to Generators, including the special
requirements of Part 262, Subpart F, importers cannot accumulate hazardous
waste under §262.34. Ninety-day accumulation under §262.34 applies only
to generator accumulation on-site, and is not applicable to this situation.
Sections 262.20 and 262.60 require the importer to prepare a hazardous
waste manifest for the waste shipment, using the importer's name and the
name of the foreign generator in the generator box. At the time the
manifest is initiated (at the point of entry into the United States) the
waste shipment is already in transportation, and the manifested
hazardous waste must proceed to the facility designated on the manifest to
accept the hazardous waste. Under §263.12, the hazardous waste may be
stored during the normal course of transportation to the designated facility
at a transfer facility for 10 days or less, provided that the hazardous waste
is packaged in accordance with DOT packaging regulations. (August 1992
Monthly Hotline Report)
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
"Treatment in a Generator's 90-Day Containment Building"
Key Words:
Containment building;
generator accumulation;
interim status; LDR
notification; permit;
treatment
QUESTION: According to the March 24,1986, Federal Register, generators
may treat hazardous waste in accumulation tanks or containers in
conformance with the requirements of §262.34 and Subparts J or I of Part 265
without obtaining a permit or interim status (51 FR 10168). In the August
18,1992, Federal Register (57 FR 37194), EPA promulgated standards for a
new hazardous waste management unit known as a containment building
(Parts 264 and 265, Subpart DD), and amended §262.34 to allow generators
to accumulate hazardous waste on-site in containment buildings for 90 days
or less without a permit or interim status (§262.34(a)(iv); 57 FR 37264).
May generators accumulating hazardous waste in containment buildings in
compliance with §262.34 and Part 265, Subpart DD treat the waste without
obtaining a permit or interim status?
ANSWER: A generator accumulating hazardous waste in a containment
building for less than 90 days in compliance with §262.34 and Part 265,
Subpart DD (the technical standards for interim status containment
buildings) may treat these hazardous wastes in the containment building
without obtaining a permit or interim status as long as thermal treatment is
not involved. The August 18,1992, Federal Register states that §262.34 has
been revised to exempt generators from permitting requirements when
accumulating or treating hazardous waste on-site in containment buildings
(57 FR 37242 and 37253). Generators who accumulate or treat hazardous
waste in containment buildings must comply with the general Part 262
regulations, as well as the following requirements in accordance with
§262.34(a)(l)(iv): comply with Subpart DD of 40 CFR Part 265; place in
the facility's operating record a certification by a professional engineer
that the building complies with the design standards specified in 40 CFR
§265.1101; and maintain in the facility's files documentation showing no
hazardous wastes remain in the unit for longer than 90 days (57 FR 37264).
If a generator chooses to treat a prohibited hazardous waste in containment
buildings, however, and is conducting such treatment in order to meet
applicable Part 268, Subpart D treatment standards, he or she must comply
with the waste analysis plan requirements of §268.7(a)(4). Section
268.7(a)(4) has been modified to reflect the addition of containment
buildings to §262.34 as accumulation/treatment units (57 FR 37270).
Thermal treatment is regulated by the specific standards for incinerators
(Part 265, Subpart O), boilers and industrial furnaces (Part 266, Subpart H),
and thermal treatment (Part 265, Subpart P), and is therefore not eligible
for the §262.34 permit exemption even if the treatment occurs inside a
containment building. (August 1992 Monthly Hotline Report)
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Land Disposal
Restrictions
Key Words:
Characteristic waste; debris;
LDR treatment standard;
light bulbs; toxic
"Fluorescent Light Bulbs as Debris"
QUESTION: The May 15,1992, Federal Register (57 FR 20766)
promulgated a generic one-year, case-by-case extension of the land disposal
restrictions (LDR) effective date for most hazardous debris. Debris
qualifying for this extension may be land disposed without meeting the
applicable Part 268, Subpart D treatment standards, provided the landfill
or surface impoundment in which the hazardous debris is placed meets
minimum technological requirements (§268.5(h)(2)). Do used fluorescent
light bulbs that exhibit a prohibited characteristic (e.g., exhibit the
toxicity characteristic (TC) and the extraction procedure toxicity
characteristic (EP) for mercury) meet the definition of debris and therefore
qualify for the case-by-case extension?
ANSWER: Used fluorescent light bulbs are considered debris and are
eligible for the generic one-year case-by-case extension. The May 15, 1992,
Federal Register (57 FR 20767) established this extension for materials
that meet the definition of debris found in the Third Third final rule (55 FR
22650; June 1, 1990) and that are contaminated with hazardous waste (with
the exception of debris contaminated with solvent, dioxin, and nonliquid
California List wastes). This definition of debris includes materials that
are primarily nongeologic in origin, such as grass, trees, stumps, shrubs, and
man-made materials. In August 1992, EPA established alternative
treatment standards for hazardous debris in 40 CFR §268.45 and
promulgated regulatory definitions of debris and hazardous debris in
§§268.2(g) and (h), respectively. The definition of debris in §268.2(g)
classifies as debris solid materials exceeding a 60 mm particle size that are
intended for disposal and that are manufactured objects, plant or animal
matter, or natural geologic material (with several exceptions specified in
§268.2(g)) (57 FR 37222; August 18, 1992). This definition also includes
mixtures of debris with other materials provided that the debris comprises
the primary material present based on a visual inspection (57 FR 37224).
Although the May 1992 Federal Register uses the definition of debris found
in the Third Third final rule, EPA has stated that the case-by-case
extension applies to materials meeting either definition of debris (57 FR
37242). Fluorescent light bulbs, which are man-made (manufactured)
materials exceeding a 60 mm particle size, meet both definitions when
intended for discard, and thus qualify for the one-year case-by-case
extension, provided the generator or facility owner/operator complies with
the recordkeeping requirements outlined in the May 15,1992, Federal
Reeistcr (57 FR 20769).
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Key Words:
Generator accumulation;
LDR notification; wastewater
treatment unit
"Fluorescent Light Bulbs as Debris" (cont'd)
Even if the fluorescent light bulbs are broken into pieces that have a
particle size of less than or equal to 60 mm, the pieces are still eligible for
the one-year case-by-case extension. Broken light bulbs meet the June 1,
1990, Federal Register definition of debris, which does not contain a
minimum particle size criterion for materials other than indigenous rocks
(55 FR 22650); therefore, regardless of the diameter of the pieces, broken
light bulbs are considered debris for purposes of the generic one-year case-
by-case extension. (September 1992 Monthly Hotline Report)
Clarification: After expiration of the case-by-case extension, these
materials may or may not be subject to the debris standards. At that time
the June 1,1990, Federal Register definition of debris will no longer be
applicable.
"One-Time Notification Requirement Under §268.7(a)(6)"
QUESTION: A manufacturer generates a listed, restricted waste which is
piped directly to a wastewater treatment unit exempt from RCRA
regulation under §§264.1 (g)(6), 265.1(c)(10), and 270.1(c)(2)(v). After
treatment, the listed waste is discharged directly to a POTW pursuant to
§261.4(a)(l)(ii). Because the waste is never managed in accumulation tanks
or containers regulated under §262.34, it is not subject to "substantive
regulation" as defined in the March 24, 1986, Federal Register (51 FR 10152-
3), and so is not counted in determining generator status (i.e., conditionally
exempt, small quantity, or large quantity generator). Which Part 268 land
disposal restrictions notification requirements, if any, apply to this waste?
ANSWER: The generator must comply with the one-time notification
requirement under §268.7(a)(6). This section states, "[i]f a generator
determines that he is managing a restricted waste that is excluded from the
definition of hazardous or solid waste or exempt from Subtitle C regulation,
under 40 CFR 261.2-261.6 subsequent to the point of generation, he must
place a one-time notice stating such generation, subsequent exclusion from
the definition of solid or hazardous waste or exemption from Subtitle C
regulation, and the disposition of the waste, in the facility's file"
(emphasis added). In the scenario presented above, the waste is generated
during the manufacturing process and becomes excluded from the definition
of solid waste at the point of discharge to the POTW (§261.4(a)(l)(ii)); in
other words, subsequent to the point of generation (see 56 FR 3866;
January 31,1991). Therefore, the one-time notification requirement of
§268.7(a)(6) would apply even if, prior to discharge, the generator does not
manage the waste in a manner that subjects it to substantive regulation (i.e.,
the generator does not accumulate the waste in tanks or containers regulated
under §262.34). (July 1992 Monthly Hotline Report)
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Medical Waste
Key Words:
Medical waste
Municipal Solid
Waste
"Medical Waste Tracking Act Demonstration Program"
QUESTION: What is the status of the Medical Waste Tracking Act
demonstration program, laid out in 40 CFR Part 259?
ANSWER: In response to the Medical Waste Tracking Act of 1988 (which
amended RCRA by adding Subtitle J), EPA established a two-year
demonstration program to track medical waste. The program began June 22,
1989, and ended June 22,1991. Five States participated in the program:
Connecticut, New Jersey, New York, Puerto Rico, and Rhode Island. The
program has expired and only some of the Federal recordkeeping
regulations are currently in effect.
Section 11008 of RCRA required EPA to submit to Congress two interim
reports and a final report on medical waste management and the
demonstration program. The first and second interim reports were
submitted in May 1990 and December 1990. The first interim report
summarized information that was then available from the tracking
program and outlined an agenda for additional research on each of the 12
specific areas concerning medical waste that were identified in the Act.
The second interim report provided a research update and forecast on each
of these subject areas. The third and final report will summarize all the
information gathered, evaluate the success of the demonstration program,
and outline options for managing medical waste. The final report is
currently under Agency review and completion is expected late in 1992.
After EPA submits the final report, Congress will review the results of the
two-year program and determine the most appropriate course of action for
medical waste management. (February 1992 Monthly Hotline Report)
Key Words:
Municipal waste; recycling;
Subtitle D
"Municipal Solid Waste Characterization"
QUESTION: How much municipal solid waste (MSW) is generated in the
United States each year? What is the breakdown of the material by
category (e.g., plastics, paper, glass) and how much of each material is
recovered through recycling or composting?
ANSWER: According to the EPA publication Characterization of
Municipal Solid Waste in the United States: 1992 Update, in 1990 we
generated 195.7 million tons of municipal solid waste, or 4.3 pounds per
person per day. The municipal solid waste stream is broken down by
category in the chart below. These 1990 statistics show that the largest
component of the municipal solid waste stream is paper and paperboard
(37.5 percent) and the second largest is yard trimmings (17.9 percent).
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
"Municipal Solid Waste Characterization" (cont'd)
Characterization of Municipal Solid Waste in the United States: 1992
Update (PB92-207 166) also summarizes how municipal solid waste is
managed (e.g., landfill, combustion, recovery). In 1990, the total amount of
material recovered from the municipal solid waste stream was 33.4 million
tons, or 17.1 percent. Combustion facilities handled 31.9 million tons, or 16.3
percent of the municipal solid waste generated. The remaining 130.4
million tons, or 66.6 percent of the municipal solid waste generated, were
sent to landfills. By the year 2000, EPA projects that the amount of
municipal solid waste generated will reach 222 million tons, or 4.5 pounds
per person per day. EPA continues to emphasize the importance of source
reduction and recycling as the first and second priority components of the
waste management hierarchy, and projects that the recovery rate for
municipal solid waste will increase to between 20 and 30 percent in 1995 and
between 25 and 35 percent in 2000.
U. S. Municipal Solid Waste Stream - 1990 *
Paper and
Paperboard
Yard
Trimmings
Metals
Plastics
Glass
Food
Wood
Textiles
Rubber and
Leather
Other
MSW
Generated
(in millions of
tons)
73.3
35.0
16.2
16.2
13.2
13.2
12.3
5.6
4.6
6.1
Percentage of
MSW
Generated
37.5%
17.9%
8.3%
8.3%
6.7%
6.7%
6.3%
2.9%
2.4%
3.1%
MSW
Recovered
(in millions of
tons)
20.9
4.2
3.7
0.4
2.6
neg.**
0.4
0.2
0.2
0.8
Percentage of
MSW
Recovered
28.6%
12.0%
23.0%
2.2%
19.9%
neg.**
3.2%
4.3%
4.4%
13.1%
*Municipal solid waste estimates do not include construction and demolition
waste, oil and gas waste, small quantity generator waste, and other wastes
that may be disposed of in a Subtitle D landfill but are not municipal solid
wastes.
**neg.=negligible (October 1992 Monthly Hotline Report)
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Key Words:
Closure; land disposal unit;
municipal waste; Subtitle D
"Municipal Solid Waste Landfill Criteria"
QUESTION: On October 9,1991, EPA issued a final rule establishing
minimum national standards for municipal solid waste landfills
(MSWLFs). Most provisions of the rule will be effective October 9,1993 (56
FR 51017). All MSWLF units that receive waste after October 9, 1991 (the
date the rule was published), but stop receiving waste prior to the effective
date must still meet certain final cover requirements at closure. If a landfill
consists of three cells, and two of the cells closed before October 9,1991, is
the entire landfill subject to the new final cover requirements or just the one
cell that received waste after the date of publication?
ANSWER: The new final cover requirements only apply to the third cell
that continued to receive waste after the publication date of the final rule
for MSWLFs. The regulations state that the new final cover standards
apply to MSWLF units receiving waste after October 9, 1991 (40 CFR
§258.1). Each landfill cell constitutes a separate MSWLF unit. The two
cells (units) which stopped receiving waste before publication of the final
rule are not subject to the new final cover requirements or any other Part 258
requirement. The cell that continued to receive waste between the
publication date in 1991 and the effective date in 1993 is subject only to the
final cover requirements of 40 CFR §258.60(a). In addition to the new final
cover standards, all Part 258 requirements will apply to the third MSWLF
unit if it continues to receive waste after October 9,1993. Note that states
may have more stringent requirements regarding final cover, closure
requirements, and solid waste facilities in general. (November 1992
Monthly Hotline Report)
TSDFs
Key Words:
Background concentration;
groundwater monitoring;
interim status; land disposal
unit
"Groundwater Monitoring at Newly Regulated Facilities"
QUESTION: The regulations in 40 CFR Part 265, Subpart F require owners
and operators of interim status surface impoundments, landfills, and land
treatment units to implement groundwater monitoring programs. Section
265.92 requires these facilities to establish initial background
concentrations for three groups of indicator parameters. Background
concentrations are established based on the results of quarterly groundwater
sampling during the first year. For newly regulated interim status
facilities or units, when must the background concentrations be
established - during the first year of interim status, or the first year the
groundwater monitoring system is operating?
10
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
ANSWER: Owners and operators of newly regulated interim status
facilities or units must begin establishing background concentrations for the
indicator parameters in §§265.92(b)(l)-(3) as soon as the groundwater
monitoring system is installed. These facilities then have one year from
the date the system is operable to establish these background levels.
When interim status is triggered, §270.73(d)(2) requires owners and
operators of land disposal facilities to certify compliance with all
applicable groundwater monitoring requirements within 12 months. Land
disposal facilities that do not certify compliance with these requirements
within 12 months automatically lose interim status. The September 27,
1990, Federal Register (55 FR 39411) clarifies §270.73(d)(2) by stating that
facilities newly subject to the Part 265, Subpart F groundwater monitoring
requirements must complete site characterization and design and
installation of groundwater monitoring systems within 12 months of
receiving interim status (also see October 1985 Hotline Monthly Report
question on loss of interim status). In other words, a newly regulated
interim status facility must have characterized the hydrogeology of the
site and installed a groundwater monitoring system capable of determining
the facility's impact on groundwater quality by the end of the first year of
interim status at the latest.
Once owners or operators have completed the installation of groundwater
monitoring systems, they must then immediately begin establishing
background concentrations for the three groups of indicator parameters
specified in §§265.92(b)(l)-(3). These background concentrations are
established during the first year of operation of the groundwater
monitoring system. For newly regulated facilities or units, background
concentration levels must be established by the end of the second year of
interim status at the latest (sooner if the facility's groundwater monitoring
system was installed and operating before the end of the first year of
interim status). For example, a facility with a surface impoundment that
became subject to RCRA regulation for the first time because of the TCLP
final rule had until September 25, 1991 (one year after the effective date of
the regulations), to certify that a groundwater monitoring system was
installed. The facility then has until September 25, 1992, to establish
background concentration levels pursuant to §265.92. If this facility
finished installing its groundwater monitoring system before September 25,
1991 (e.g., on July 15,1991), background concentrations for the indicator
parameters would have to be established within one year of the date the
groundwater monitoring system became operable (by July 15,1992). (April
1992 Monthly Hotline Report)
11
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Key Words:
Gnoundwater monitoring;
permit; resampling
"Groundwater Monitoring Resampling Requirements"
QUESTION: Owners or operators required to establish a compliance
monitoring program under 40 CFR §264.99 must sample all groundwater
monitoring wells located at the point of compliance for any chemical
parameter or hazardous constituent specified in the permit pursuant to
§264.99(a) at least semiannually, and for all Appendix IX constituents at
least annually (§§264.99(f) and (g)). If the groundwater contains any
additional Appendix IX constituents that are not already identified in the
facility permit as monitoring constituents, the owner or operator must report
the results of the analysis to the Regional Administrator within seven
days or resample within one month after the initial sampling. If the owner
or operator chooses to resample, must he or she resample for all Appendix
IX constituents?
ANSWER: The owner or operator is not required to resample for all
Appendix IX constituents. Since the purpose of resampling is to verify the
presence of the additional constituents discovered in the initial sampling,
resampling is only performed on those Appendix IX constituents the owner
or operator wishes to contest. If the owner or operator chooses to resample
and confirms the presence of the new constituents within seven days of the
second sampling, he or she must report the concentrations of these
additional constituents to the Regional Administrator and, through a
permit modification, add them to the monitoring list required by
§264.99(a)(l). The owner or operator must then monitor for these
constituents at least semiannually pursuant to §264.99(0. If, after
resampling, the second analysis does not confirm the initial analysis, then
the "unconfirmed" constituents are not added to the monitoring list and
notification to the Regional Administrator is not necessary. This, however,
does not exempt the facility owner or operator from the annual Appendix IX
analysis pursuant to §264.99(g). In the event that the owner or operator
chooses not to resample, he or she must report the results of the initial
sampling to the Regional Administrator and modify the monitoring list no
later than seven days after the initial sampling. (June 1992 Monthly
Hotline Report)
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
"Liners and Leak Detection Systems for Hazardous Waste
Landfills, Surface Impoundments, and Waste Piles"
Key Words:
Interim status; land disposal
unit; minimum technological
requirements; permit
QUESTION: The Hazardous and Solid Waste Amendments (HSWA) of
1984 created new requirements for both permitted and interim status
hazardous waste land disposal units. Initially, to satisfy the requirements
outlined in §3004(o), EPA promulgated minimum technological
requirements (i.e., double-liners) on July 15,1985 (50 FR 28702). EPA
subsequently proposed two rules on liners and leak detection. On March 28,
1986 (51 FR 10706), and April 17,1987 (52 FR 12566), EPA proposed
amendments to the double liner and leachate collection system standards
for landfills and surface impoundments. On May 29,1987 (52 FR 20218),
EPA proposed leak detection system requirements for landfills, surface
impoundments, waste piles, and land treatment units. This notice also
proposed to expand the double liner requirement to include waste piles. On
January 29,1992 (57 FR 3462), EPA issued a final rule on liners and leak
detection systems encompassing all the above proposed rules. How did the
January 29,1992, final rule affect the minimum technological requirements
of RCRA §3004(o)?
ANSWER: The January 29, 1992, Federal Register finalizes EPA's proposed
actions of March 28,1986; April 17,1987; and May 29,1987; and completes
the codification of the minimum technological requirements imposed by
RCRA §§3004(o)(4) and 3004(o)(5)(A). It also modifies previous liner and
leachate collection and removal system regulations for permitted and
interim status landfills, surface impoundments, and waste piles. In
addition, the final rule requires owners and operators of these three types
of units to install a leak detection system, establish an action leakage rate,
develop a response action plan, and implement a construction quality
assurance program.
The following landfills, surface impoundments, and waste piles are
affected by this final rule: (1) new units for which construction commences
after January 29,1992; (2) replacement units reused after July 29,1992; and
(3) lateral expansions of units for which construction commences after July
29, 1992. The rule applies to these units regardless of their permit status,
and the Agency maintains that the permit does not act as a shield with
respect to the leak detection requirements (57 FR 3464). The regulations at
40 CFR §270.4 have, therefore, been amended to require that an owner or
operator apply for a permit modification to meet these requirements.
According to the statute, minimum technological requirements for landfills
and surface impoundments include a double-liner and leachate collection
system, and a leak detection system. Minimum technological requirements
for waste piles include a leak detection system. The final rule expanded
the double-liner requirements to waste piles (57 FR 3472).
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
"Liners and Leak Detection Systems for Hazardous Waste
Landfills, Surface Impoundments, and Waste Piles" (cont'd)
The Agency has determined that a leachate collection and removal system
meeting the standards in the final rule fulfills the statutory requirement for a
leak detection system. Therefore, a unit's leachate collection and removal
system between the top and bottom liners is also its leak detection system.
The leak detection system must be designed to detect, collect, and remove
leaks at the earliest practicable time. It must be constructed of materials
that are compatible with the waste and are strong enough to resist pressure
gradients, designed and operated to minimize clogging, and constructed with
a minimum bottom slope of one percent. The drainage layer may be granular
or synthetic. A granular drainage layer must be a least 12 inches thick, and
have a minimum hydraulic conductivity of IxlO'^ cm/sec for waste pile and
landfill units, or IxlCH cm/sec for surface impoundment units. Synthetic
drainage layers must have a hydraulic transmissivity of 3x10"^ m2/sec for
waste pile and landfill units, or 3xlO~4 m2/sec for surface impoundment units.
The system requires a sump of sufficient size to collect and remove liquids
efficiently and to prevent liquids from backing up into the drainage layer.
Variances for alternative system design are available. Landfill and waste
pile units also require a leachate collection and removal system immediately
above the top liner which ensures that the leachate depth on the top liner
does not exceed one foot.
The double-liner system comprises a top and bottom liner. The top liner is
the liner directly above the leak detection system. It must be designed to
prevent migration of hazardous constituents into the liner during the active
life of the unit and during the post-closure period (e.g., a geomembrane
liner). The bottom liner must be a composite liner consisting of an upper
component (e.g., geomembrane) designed to prevent the migration of
hazardous constituents into the liner, underlain by at least 3 feet of
compacted soil material with a hydraulic conductivity of no more than
IxlO"'7 cm/sec.
Each unit requires a site-specific action leakage rate and a site-specific
response action plan. The action leakage rate is based on the maximum
leakage rate that the leak detection system can remove without the fluid
head on the bottom liner exceeding one foot. When the action leakage rate
is exceeded, the response action plan must specify actions to be taken to
ensure that the leakage does not migrate out of the unit.
To ensure that the constructed unit meets or exceeds all design criteria and
specifications, a construction quality assurance (CQA) program must be
implemented. A CQA program must include a test fill for compacted soil
liner components, unless waived. It also requires a certification by a
registered professional engineer that the CQA plan has been successfully
carried out and the liner system meets the design and construction
requirements.
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Used Oil
"Liners and Leak Detection Systems for Hazardous Waste
Landfills, Surface Impoundments, and Waste Piles" (cont'd)
The leak detection system must be monitored at least weekly during the
active life of the unit, and either monthly, semi-annually, or annually
during the post-closure period for disposal units, depending on the amount
of liquids detected in the sumps. (July 1992 Monthly Hotline Report)
Key Words:
Concentration; mixture;
solvent; used oil
"Rebuttable Presumption for Used Oil"
QUESTION: According to the recycled used oil management standards in 40
CFR Part 279, any used oil containing more than 1,000 ppm of total halogens
is presumed to have been mixed with a listed hazardous waste and
therefore is subject to RCRA Subtitle C hazardous waste regulation. This
presumption may be rebutted by demonstrating that the used oil does not
contain hazardous waste. According to §279.10(b)(l)(ii), one way to make
this demonstration is to show that the used oil does not contain significant
concentrations of any of the halogenated hazardous constituents listed in
Appendix VIII of Part 261. What is meant by the term "significant
concentrations"?
ANSWER: There is no regulatory definition of significant concentrations.
The Federal Register of November 29,1985, however, does provide
guidance on the term as it relates to hazardous halogenated solvents.
Specifically, EPA has stated that a level of 100 ppm of individual solvent
compounds is generally considered a significant concentration. Thus, one
may try to rebut the presumption by showing that less than 100 ppm of any
individual hazardous halogenated constituent listed as a hazardous spent
solvent in 40 CFR §261.31 is present (50 FR 49176; November 29,1985).
This 100 ppm level applies only to concentrations of halogenated solvent
constituents and cannot be applied to all hazardous halogenated
compounds. For example, if a used oil contains 1,000 ppm total halogens,
and some of the halogens are pesticide compounds, the presumption of
mixing would not necessarily be overcome by showing that each pesticide is
present at levels less than 100 ppm. Showing that individual hazardous
halogenated solvents are present at levels less than 100 ppm also will not
automatically rebut the presumption, as other site-specific factors must be
considered in making such a determination. For example, if documentation
shows that used oil has been mixed with a listed hazardous waste, that
mixture would be considered a hazardous waste pursuant to the mixture rule
in 40 CFR §261.3(c)(2)(iv), regardless of the level of halogenated
constituents present. (December 1992 Monthly Hotline Report)
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Waste
Identification
Key Words:
Alcohol; aqueous;
characteristic waste;
hazardous waste definition;
ignitable
"Alcohol-Content Exclusion for the Ignitability Characteristic"
QUESTION: A generator produces a wastestream with a flash point of 54
degrees Celsius that contains the following three components: water (77
percent), alcohol (13 percent), and a nonalcoholic liquid component (10
percent). According to the "alcohol exclusion" in 40 CFR §261.21(a)(l), the
characteristic of ignitability will not apply to an aqueous solution that
contains less than 24 percent alcohol and which has a flash point less than
60 degrees Celsius. Does the presence of a nonalcoholic component cause the
aqueous solution to be regulated as an ignitable waste (D001)?
ANSWER: No, the additional nonalcoholic liquid component will not
cause the wastestream to be regulated as a D001 waste. Despite the
presence of the nonalcoholic liquid component, the wastestream continues to
qualify for the alcohol exclusion in 40 CFR §261.21(a)(l). According to the
May 19,1980, Federal Register (45 FR 33108), EPA originally intended for
the alcohol exclusion to exempt alcoholic beverages and some types of latex
paints, which exhibit low flash points due to the alcohol content, but do not
sustain combustion because of the high water content. The alcohol exclusion
in 40 CFR §261.21(a)(l), however, is not limited to those wastes mentioned
in the May 19,1980, Federal Register. It applies to all aqueous solutions
containing less than 24 percent alcohol, even if additional nonalcoholic
components are present. EPA clarified in the June 1,1990, Federal Register
(55 FR 22543) that the term "alcohol" in §261.21(a)(l) refers to any alcohol
or combination of alcohols. The Agency notes, however, that if the alcohol
is one of those alcohols specified in EPA hazardous waste codes F001-F005
and has been used for its solvent properties, the waste must be evaluated to
determine if it should be classified as an F-listed spent solvent waste.
The alcohol exclusion for the ignitability characteristic was adopted from
the Department of Transportation's (DOT) definition of "combustible
liquids" in 49 CFR §173.115(b). The alcohol exclusion in 49 CFR
§173.115(b)(2)(ii) applies to aqueous solutions containing 24 percent or less
alcohol by volume which contain no less than 50 percent water. Since EPA
originally intended to be consistent with DOT regulations when
promulgating the alcohol exclusion in §261.21(a)(l), the 50 percent water
stipulation may be applied to the ignitability characteristic. Therefore,
as clarified in an internal EPA memorandum, for the purpose of the
ignitability characteristic in §261.21(a)(l), "aqueous" means a solution
containing at least 50 percent water by weight. (July 1992 Monthly Hotline
Report)
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Key Words:
Aqueous; characteristic
waste; corrosive; hazardous
waste definition; liquid; pH
"'Aqueous' as Applied to the Corrosivity Characteristic"
QUESTION: According to 40 CFR §261.22, a solid waste exhibits the
characteristic of corrosivity if it has either of the following properties:
It is aqueous and has a pH less than or equal to 2.0 or greater than or
equal to 12.5 (§261.22(a)(l))
It is a liquid which corrodes steel at a rate greater than 6.35 mm
(0.250 inch) per year (§261.22(a)(2)).
Many aqueous wastes are liquids. Must aqueous liquid wastes be evaluated
for both pH and rate of steel corrosion?
ANSWER: While nonaqueous liquids need only be tested using the steel
corrosion test, aqueous liquids must be evaluated for both pH and rate of
steel corrosion. If an aqueous liquid has a pH less than or equal to 2.0 or
greater than or equal to 12.5, or corrodes steel at a rate greater than 6.35 mm
per year, it is regulated as a corrosive waste (D002). Therefore even if an
aqueous liquid passes the §261.22(a)(l) pH test (pH greater than 2.0 and
less than 12.5), if it corrodes steel at a rate greater than 6.35 mm per year, it
exhibits the characteristic of corrosivity.
According to the background document for this characteristic, Corrosivity
Characteristic: Identification and Listing of Hazardous Waste Under
RCRA Subtitle C, Section 3001. an aqueous waste with a pH between 2.0 and
12.5 may, under certain conditions, corrode steel at a rate greater than 6.35
mm per year. Several factors influence the rate of metal corrosion. In
addition to pH, other important factors include temperature, metal(s)
involved, and aeration and composition of the corrosive medium.
The background document indicates that although alkaline solutions, in
practice, do not severely damage steel, "... a corrosive material with a pH
less than 4.0 will cause iron to dissolve rapidly." In other words, although
an aqueous waste in liquid form that has a pH between 2.0 and 4.0 (i.e., an
acidic solution) passes the pH test, the waste may nonetheless fail the
steel corrosion test and be regulated as a corrosive (D002) hazardous waste.
Although there is no regulatory definition of the term "aqueous," for
purposes of the corrosivity characteristic an aqueous waste is defined as a
waste for which pH is measurable. Since not all liquid wastes are in a form
amenable to pH measurement, this operational definition of aqueous
implies that the presence or absence of measurable dissociated hydrogen
ions divides the universe of liquid wastes into two mutually exclusive
categories: aqueous and nonaqueous. While all liquid wastes must be
evaluated for rate of steel corrosion, those liquid wastes classified as
aqueous are subject to both the pH and steel corrosion tests. The background
document explains that those who generate or manage a waste can best
determine whether it is in a form suitable for pH measurement, and
therefore an aqueous waste requiring the pH test.
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
"'Aqueous' as Applied to the Corrosivity Characteristic"
(cont'd)
This working definition of aqueous means that aqueous wastes can be in
nonliquid form. Suspensions, sols, or gels for which pH is measurable are
examples of aqueous nonliquids. The background document for the
corrosivity characteristic states that, during a pH determination, the form
of the waste should be taken into account. As nonaqueous liquids are subject
to the steel corrosion test only, aqueous nonliquids only require evaluation
for pH. Therefore, by definition, an aqueous nonliquid with a pH greater
than 2.0 and less than 12.5 cannot be regulated as D002, since §261.22(a)(2)
applies only to liquids that corrode steel.
The operational definition of aqueous for the characteristic of corrosivity
differs from the meaning of aqueous as the term applies to the ignitability
characteristic. Under §261.21(a)(l), aqueous solutions containing less than
24 percent alcohol by volume are excluded from regulation as ignitable
liquids. In an internal Agency memorandum clarifying this exclusion, an
aqueous solution is defined as a solution which contains at least 50 percent
water by weight. Applying this 50 percent water stipulation to define
"aqueous" in the context of §261.22(a)(l) is inappropriate. Instead, for
purposes of the corrosivity characteristic, aqueous means in a form
amenable to pH measurement. (September 1992 Monthly Hotline Report)
"Beryllium Dust (P015); Applicability"
QUESTION: Beryllium is listed in 40 CFR §261.33(e) as an acutely
hazardous waste (P015). Does the P015 listing apply to all forms of unused
beryllium that are discarded?
The hazardous waste listing P015 applies only to unused commercial
chemical product beryllium dust that is discarded (see §261.33(d) for a
definition of commercial chemical product). On May 19,1980, beryllium
dust was listed in an interim final rule as an acutely hazardous waste in 40
CFR §261.33(e) because of its acute toxicity to humans when inhaled (45 FR
33084). The listing was finalized on November 25,1980 (45 FR 78532). In
the April 22, 1988, Federal Register, which made technical corrections to
the list of commercial chemical products in §§261.33(e) and (f), the word
"dust" was inadvertently omitted from the listing (53 FR 13382). Despite
this omission, the applicability of the listing remains unchanged. The
April 22, 1988, Federal Register was intended only to amend certain
typographical errors in the hazardous waste lists. EPA never proposed to
change the listing from "beryllium dust" to "beryllium" and does not intend
the listing to apply to beryllium. Therefore, despite this typographical
error in 40 CFR §261.33(e), the scope of the listing remains unchanged, and
the hazardous waste code P015 applies only to beryllium dust. (November
1992 Monthly Hotline Report)
Key Words:
Beryllium dust; commercial
chemical product;
hazardous waste definition
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Key Words:
Active ingredient;
commercial chemical
product; hazardous waste
definition
"Commercial Chemical Product Definition in §261.33"
QUESTION: A manufacturer intends to discard an unused formulation
which contains two chemicals that serve as active ingredients. Only one of
the chemicals is listed in 40 CFR §261.33. A comment in §261.33(d) states
that "[t]he phrase 'commercial chemical product or manufacturing
chemical intermediate having the generic name listed in...1 refers to a
chemical substance which is manufactured or formulated for commercial or
manufacturing use and which consists of the commercially pure grade of the
chemical, any technical grades of the chemical that are produced or
marketed, and all formulations in which the chemical is the sole active
ingredient." (Emphasis added.) Does the term "sole active ingredient"
refer only to chemicals which are listed in §§261.33(e) and (f)? If a product
contains two active ingredients, only one of which is listed, would the
discarded product be regulated as a P- or U-listed waste?
ANSWER: The discarded formulation would not be regulated as P- or U-
listed waste when discarded. In order to be regulated as a P- or U-listed
waste, a waste must meet all of the listing criteria. The listings in §261.33
do not include chemical mixtures where the listed chemical is not the sole
active ingredient, and do not apply to chemicals that have been used for
their intended purpose (54 FR 31335; July 28,1989). In the scenario
described above, while the discarded formulation meets the criterion of
being unused, it contains more than one active ingredient. It is not necessary
for a chemical to be listed in §§261.33(e) or (f) in order to meet the
definition of an active ingredient. An active ingredient is defined as a
compound or mixture that performs the function of the product. "Sole active
ingredient" means the active ingredient is the only chemically active
component for the function of the product. If a formulation has more than
one active ingredient, the formulation, when discarded, would not be
within the scope of the listing in §261.33, regardless of whether only one or
both active ingredients are listed.
Generators, however, must be sure to correctly determine whether a
particular constituent performs the function of the product, or only serves an
ancillary function, such as mobilizing or preserving the active ingredient.
For example, fillers, solvent carriers, propellants, and other components
with no pesticidal role are functionally inert in pesticide formulations and
therefore are not active ingredients. In cases where a hazardous constituent
from §§261.33(e) or (f) is a functionally inert component of a commercial
chemical product, e.g., a solvent carrier, its presence does not prevent the
formulation containing another P- or U-listed constituent as the sole active
ingredient from being a P- or U-list waste (internal Agency memorandum
dated May 3,1989). (March 1992 Monthly Hotline Report)
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Key Words:
CFC; characteristic waste;
recycling; toxic
Key Words:
CFC;F001, F002;
hazardous waste definition;
solvent
"Filters Used to Reclaim CFC Refrigerant"
QUESTION: While servicing air conditioners, a facility generates spent
CFC-11 which exhibits the toxicity characteristic for carbon tetrachloride
(D019). The generator reclaims the used refrigerant for subsequent reuse,
and during the reclamation process generates contaminated filters which
also exhibit the TC for carbon tetrachloride. According to §261.4(b)(12),
the used CFC refrigerant is exempt from the definition of hazardous waste
if it is going to be reclaimed for further use. If the spent filters are being
discarded, would they also be excluded from regulation as a hazardous
waste under §261.4(b)(12) since they are generated by the reclamation of an
excluded waste?
ANSWER: As explained in the February 13,1991, Federal Register (56 FR
5910), the purpose of the exclusion provided in §261.4(b)(12) is to encourage
the recycling and reuse of CFC refrigerants and discourage the practice of
venting them to the air. Wastes derived from the CFC reclamation process
itself, however, are not exempt, and the filters would not be covered by the
exclusion. Since the filters exhibit the toxicity characteristic, they must be
managed as hazardous waste. Any other residues generated by the
reclamation process would also need to be evaluated for characteristics,
either through testing or application of knowledge. (September 1992
Monthly Hotline Report)
"Hydrochlorofluorocarbons Used in Degreasing"
QUESTION: According to 40 CFR §261.31, chlorinated fluorocarbons
(CFCs) used in degreasing are classified as FOOl. EPA included CFCs used in
degreasing in the FOOl listing because of concern for their potential
contribution to the depletion of stratospheric ozone. Are
hydrochlorofluorocarbons (HCFCs) used in degreasing also regulated as
FOOl?
ANSWER: Because the FOOl listing description includes all chlorinated
fluorocarbons, hydrochlorofluorocarbons used in degreasing operations are
also classified as FOOl. Of course, the solvent formulation must meet the 10
percent (by volume) before-use criterion in the FOOl listing. Hydrogenated
fluorocarbons (HFCs), however, are not included in the scope of the FOOl
listing. (December 1992 Monthly Hotline Report)
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Key Words:
Commercial chemical
product; land disposal;
mixed waste; solid waste
definition
"Lead Used as Shielding in Low-Level Radioactive Waste
Disposal"
QUESTION: A generator of low-level radioactive waste places the waste
in lead or lead-lined containers. These containers, used to dispose of
radioactive waste, also serve as shielding. Would the containers, once
disposed of in a landfill, be regulated as a mixed waste under both RCRA
(because the containers exhibit the toxicity characteristic for lead) and the
Atomic Energy Act (because they contain radioactive waste)?
ANSWER: No, the containers or container liners would not be regulated as
a mixed waste if their primary use is for shielding in disposal operations.
Because the containers would be fulfilling their intended use and thus
would not be considered discarded under RCRA, they do not meet the
definition of a solid waste (40 CFR §261.2(c)(l)(ii)). Since the containers
would not meet the definition of solid waste, they would not meet the
definition of hazardous waste. A 1987 internal Agency memorandum states,
"[i]n this instance, containers or liners may be analogous to commercial
chemical products (e.g., pesticides) where as a product, their normal use is
placement on the land. Therefore, lead whose primary use is shielding in
low-level waste disposal operations is not subject to Federal hazardous
waste regulations when placed on the land as part of its normal commercial
use." In this example, the containers are not subject to RCRA and are not
regulated as mixed waste. The radioactive waste would, however, be
subject to any applicable Atomic Energy Act regulations.
EPA notes, however, that "...lead containers and liners may be equally
hazardous to human health and the environment when placed in the
ground independent of [the] legal classification as a waste or container.
Therefore, EPA recommends that all lead containers and lead liners be
managed in an environmentally safe manner (e.g., managed in a permitted
hazardous waste facility or treated such that it no longer exhibits its
characteristic)" (OSWER Directive 9432.00-2; October 4, 1989). (May 1992
Monthly Hotline Report)
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Key Words:
F001, F002; hazardous
waste definition; solvent
Key Words:
Commercial chemical
product; contained-in;
hazardous waste definition;
recycling; solid waste
definition
"Perchloroethylene Used in Dry Cleaning"
QUESTION: A dry cleaner uses a 50 percent perchloroethylene
(tetrachloroethylene) mixture in her cleaning process. Since
tetrachloroethylene appears in the listing descriptions for both F001 and
F002, would the spent solvent mixture be classified as F001 or F002?
ANSWER: Spent tetrachloroethylene used in dry cleaning is classified as
F002 (40 CFR §261.31). The background listing document for F002 identifies
certain industries that generate spent halogenated solvents meeting the
F002 listing (Identification and Listing of Hazardous Waste, 55261.31 and
261.32 -- Listing of Hazardous Waste, page 41). According to this document,
tetrachloroethylene used in laundry and dry cleaning operations is
regulated as F002. Of course, the spent solvent formulation must meet the 10
percent (by volume) before-use criterion in the F002 listing. Furthermore,
the F001 listing is, by its terms, limited to spent solvents "used in
degreasing." (October 1992 Monthly Hotline Report)
"Reclaimed Commercial Products: Regulatory Status"
QUESTION: The owner of a facility collects used railroad ties that were
treated with a wood preservative containing creosote. When the owner has
accumulated a sufficient amount of railroad ties he bakes them to draw out
the creosote. Once this process is complete, the reclaimed creosote can be
used as a wood preservative without further processing. A drum of this
creosote leaked into the soil. How is the resulting contaminated soil
regulated upon disposal?
ANSWER: The creosote-contaminated soil must be managed as U051. The
recovered creosote formulation is classified as a product because the
creosote has been reclaimed from the railroad ties and requires no
additional processing before it can be beneficially used (40 CFR 261.3(c)(2)).
Upon leaking into the soil, the creosote is classified as a solid waste
pursuant to §261.2(b). The generator must then determine whether this
solid waste is a hazardous waste. Sections 261.33(e) and (f) designate
certain commercial chemical products as hazardous wastes when discarded.
Specifically, §261.33(d) defines commercial chemical product in part as
any commercial or technical grade of a product, or any formulation in which
the listed chemical is the sole active ingredient. Assuming the reclaimed
creosote is the only chemically active component for the function of the
wood preservative (i.e., the sole active ingredient), and the discarded
material meets the definition of a solid waste per §261.2(b), the discarded
creosote is classified as U051. Since the soil is contaminated with U051, it
is subject to regulation as a hazardous waste in accordance with EPA's
"contained-in" policy, which requires all media (i.e., debris, soil,
groundwater, sediment) that contain listed hazardous wastes to be
managed as listed hazardous wastes. The soil, therefore, would have to be
handled as a hazardous waste (U051) until it is decontaminated or until
the hazardous waste is delisted (see, for example, 56 FR 24444, 24456;
May 30,1991). (November 1992 Monthly Hotline Report)
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
"Regulatory Status of Waste from Oil Gathering Pipelines "
Key Words:
Bevill; oil; transportation
QUESTION: An oil production facility uses gathering pipelines to
transport oil from its production site to a site owned by another facility.
The oil has already undergone initial oil/water separation. Waste forms
in the gathering lines during the transportation of the oil. Is the waste
that forms subject to the hazardous waste exclusion at 40 CFR §261.4(b)(5)?
ANSWER: The answer depends on the ownership of the oil at the time the
waste forms. Section 261.4(b)(5) excludes drilling fluids, produced waters,
and other wastes associated with the exploration, development, or
production of crude oil, natural gas, or geothermal energy from the
definition of hazardous waste. Waste generated after legal custody of the
oil changes hands during transportation will not meet the exclusion because
it is not intrinsic to the exploration, development, or production of crude oil.
The July 6,1988, Federal Register (53 FR 25446, footnote 1) defines
associated wastes as those wastes other than produced water, rigwash, and
drilling muds and cuttings that are intrinsic to exploration, development,
and production of crude oil and natural gas. The Report to Congress:
Management of Wastes from the Exploration, Development, and Production
of Crude Oil. Natural Gas, and Geothermal Energy, VOL 1 of 3 (EPA/530-
SW-88-003-A, Dec. 1987) states on page 11-17 that "[t]he phrase
'intrinsically derived from the primary field operations' is intended to
differentiate exploration, development, and production operations from
transportation (from the point of custody transfer or of production
separation and dehydration) and manufacturing operations." Accordingly,
any waste generated after a change in the custody of the oil, or, in the
absence of the change in custody after the initial oil/water separation, is
not subject to the §261.4(b)(5) hazardous waste exclusion because it is not
intrinsic to the exploration, development, or production of crude oil.
(January 1992 Monthly Hotline Report)
Key Words:
Commercial chemical
product; recycling; solid
waste definition
"Secondary Materials Used as Effective Substitutes for
Commercial Products"
QUESTION: Section 261.2(e)(l) excludes certain recycled secondary
materials from the definition of solid waste. Section 261.2(e)(l)(ii)
excludes materials which are recycled by being used or reused as effective
substitutes for commercial products. Can a material that must be reclaimed
prior to use or reuse as an effective substitute for a commercial product
qualify for the exclusion in Section §261.2(e)(l)(ii)?
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
"Secondary Materials Used as Effective Substitutes for
Commercial Products" (cont'd)
ANSWER: No, this exclusion applies only to materials which are used or
reused without prior reclamation. The January 4,1985, Federal Register (50
FR 619) discusses this exclusion and states that "[w]hen secondary
materials are directly used as substitutes for commercial products...these
materials are functioning as raw materials...and, thus, are not wastes." A
material that must be reclaimed prior to use (or reuse) as an effective
substitute for a commercial product is not being directly used (or reused), and
so would not qualify for this exclusion. (May 1992 Monthly Hotline Report)
Key Words:
Recycling; solid waste
definition; speculative
accumulation
"Speculative Accumulation Calculation"
QUESTION: In March 1991, a facility generated 200 kg of sludge that
exhibited the toxicity characteristic (TC) for lead (D008). The operator of
the facility placed these materials in storage to await reclamation of lead.
At that time, the facility was not accumulating any other recyclable
materials. Since the sludge will be reclaimed, it is not considered a solid
waste while stored prior to reclamation (40 CFR §261.2(c)(3)). On
December 31, 1991, the facility still had not recycled any of this material.
Is the sludge accumulated speculatively under §261.1(c)(8), since 75 percent
was not recycled in the year, and therefore subject to management as a solid
and hazardous waste?
ANSWER: No, the sludge would not be accumulated speculatively.
Although it is accumulated before being recycled, it is not accumulated
speculatively if the person accumulating it can show that (1) the material
is potentially recyclable and has a feasible means of being recycled, and (2)
during the calendar year (commencing on January 1) the amount of material
that is recycled or sent for recycling equals at least 75 percent of the amount
of that material accumulated at the beginning of the period (§261.1(c)(8)).
A facility owner/opera tor must show that he or she has recycled 75 percent
of the material in storage on January 1 of that year. "Under this provision,
the amount of material turned over in a year is critical, not the total
amount accumulated at the end of the year" (48 FR 14490; April 4,1983).
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
"Speculative Accumulation Calculation" (cont'd)
For the above facility, the amount of material in storage on January 1,1991,
was zero, so on December 31,1991, the operator does not have to show that
any amount was recycled during the calendar year. On January 1,1992,
however, 200 kg of D008 sludge are in storage. Thus, the facility must be
able to show that 75 percent of this material, or 150 kg, has been recycled or
sent for recycling by December 31,1992. If the operator cannot demonstrate
this 75 percent recycling rate, the sludge remaining in storage is said to be
accumulated speculatively and becomes subject to regulation as a solid
waste. Because it exhibits a characteristic, the generator must begin to
handle the material as a hazardous waste. The Agency notes that "this
approach could allow essentially a free year to accumulate where a
generator starts a year with little or no waste" (48 FR 14490; April 4, 1983).
The period of one calendar year starting on January 1 was selected,
however, to facilitate enforcement and achieve uniformity (50 FR 635;
January 4,1985).
In making the above calculation, the 75 percent requirement applies to all
materials of the same class being recycled in the same way. If this facility
also generated a by-product that exhibited the TC for chromium (D007) and
reclaimed it, the owner/operator would make a separate speculative
accumulation calculation for this by-product (50 FR 635-6; January 4,1985).
The RCRA regulations provide that certain materials, which would
otherwise be considered hazardous waste, will not be regulated as solid
waste (and therefore hazardous waste) when they are reclaimed
(§261.2(c)(3)). The requirement that materials accumulated speculatively
be regulated as solid waste was intended to prevent abuse of this
exemption. It is only applicable to certain situations, including the
reclamation of characteristic sludges and by-products, materials used or
reused as ingredients, commercial product substitutes, black liquor, sulfuric
acid, and precious metals reclamation. The rule is not applicable to spent
materials being reclaimed, listed sludges being reclaimed, or listed by-
products being reclaimed, because these materials are already considered
solid wastes when awaiting recycling (50 FR 635; January 4,1985). It also
does not apply to commercial chemical products that are stored prior to
reclamation, because, by definition, these materials are not regulated as
solid wastes until they are abandoned or intended for discard (48 FR 14489;
April 4, 1983). (February 1992 Monthly Hotline Report)
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
"Wastewater Treatment Units: Regulatory Status of Waste"
Key Words:
Hazardous waste definition;
wastewater treatment unit
QUESTION: According to 40 CFR §§264.1 (g)(6), 265.1(c)(10), and
270.1(c)(2)(v), wastewater treatment units (WWTUs) as defined in §260.10
are exempt from Parts 264/265 permitted and interim status requirements
for treatment, storage, and disposal facilities. If the WWTU itself is
exempt from Subtitle C regulation, what is the status of the hazardous
waste that it treats?
ANSWER: As stated in an internal Agency memorandum, "[o]nly the
wastewater treatment unit (i.e., the tank) is exempt; the exemption does
not 'follow' or attach to the waste." Consequently, all applicable
hazardous waste management standards apply to the waste prior to
treatment in the WWTU, and to any residue generated by the treatment of
that waste. In other words, solid waste resulting from the treatment of a
listed hazardous waste in an exempt WWTU will remain a listed
hazardous waste, and solid waste resulting from the treatment of a
characteristic hazardous waste in an exempt unit will remain hazardous as
long as the solid waste continues to exhibit a characteristic (§§261.3(c)
and (d)). (June 1992 Monthly Hotline Report)
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SUPERFUND (SF)
Cleanup
Requirements
Key Words:
ARARs; health and safety;
OSHA; worker protection
"ARARs and OSHA"
QUESTION: Should regulations promulgated pursuant to the Occupational
Safety and Health Act (OSHA) be designated as applicable, relevant and
appropriate requirements (ARARs) during the selection of a Superfund
remedy? Must workers at a CERCLA site comply with OSHA regulations?
ANSWER: OSHA requirements are directly applicable under NCP (40 CFR
§300.150), and should not be designated as an ARAR. CERCLA §121(d)(2)
states that when determining cleanup levels, applicable or relevant and
appropriate requirements may be drawn from any Federal environmental
law or any State environmental or facility siting law that is more stringent
than any Federal standard. The National Contingency Plan states that,
"...EPA believes that OSHA is more properly viewed as an employee
protection law, rather than an 'environmental' law, and thus the process in
CERCLA §121 (d) for the attainment or waiver of ARARs would not apply
to OSHA standards" (55 FR 8679; March 8, 1990).
Workers at CERCLA sites, however, must comply with certain OSHA
standards. CERCLA §lll(c)(6) and SARA §126 charged the Department of
Labor (DOL) with writing health and safety regulations that would apply
to workers responding to emergency releases of hazardous substances or
engaged in hazardous waste operations. In response, DOL developed the
OSHA employee protection regulations found at 29 CFR §1910.120. These
requirements were then incorporated by reference into the CERCLA
regulations at 40 CFR §300.150.
Other OSHA employee protection regulations which have not been
specifically incorporated into CERCLA regulations may also apply to
CERCLA sites. For example, 29 CFR §1910.180(b) established specific
safety regulations pertaining to lifting cranes. These regulations would
have to be complied with during a site remediation requiring the use of a
crane, but would not be designated as ARARs. CERCLA site workers would
be required to comply because of DOL's authority to regulate the
workplace, not because of CERCLA requirements. (June 1992 Monthly
Hotline Report)
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SUPERFUND (SF)
"National Priorities List Construction Completion Category and
Site Deletion"
Key Words:
Construction completion;
de-linking policy; National
Priorities List
QUESTION: What is the significance of the Construction Completion
category on the National Priorities List (NPL), and how was it affected by
recent modifications to the NPL deletion process?
ANSWER: EPA realized that the number of sites deleted from the NPL
did not accurately reflect the amount of Superfund work completed and the
extent of threats actually mitigated at Superfund sites. Due to the frequent
need to conduct complex, long-term remedies and the stringent regulatory
deletion criteria, sites must remain on the NPL despite the fact that
extensive remedial actions have taken place and the site may no longer
present a threat to human health and the environment. In order to more
accurately communicate progress toward cleaning up NPL sites, EPA
established (1) the Construction Completion category, which allows EPA to
specifically designate sites that are in the final stage of the remedial
process, and (2) a policy change which facilitates more rapid deletion of a
site from the NPL when cleanup is complete.
On March 8,1990 (55 FR 8699), EPA promulgated the revised National
Contingency Plan (NCP), which stated that EPA had the authority to
place NPL sites into designated categories (40 CFR §300.425(d)(6)). This
new regulatory language prompted the establishment of the Construction
Completion category, which consists of sites that are close to being deleted.
The category included (1) those sites for which a Notice of Intent to Delete
had been published; (2) sites awaiting the five-year review required by
CERCLA §121(c) after the completion of a remedial action; and (3) sites
undergoing long-term remedial actions (primarily groundwater cleanups) at
which the construction phase of the activity is complete.
The Construction Completion category no longer includes sites that are
awaiting the five-year review; EPA removed that requirement from the
deletion process (56 FR 66601). For several years, EPA's policy was to
retain sites on the NPL until it completed a review five years after
initiation of the remedial action. The review was to confirm that the
remediation is protective of human health and the environment. Although
CERCLA §121 (c) requires that a five-year review take place, the statute
does not specify that the review must take place prior to NPL deletion.
The decision to delay deletion until after the five-year review arose from
the EPA Administrator's June 1989 Management Review of the Superfund
Program (also known as the "90-Day Study"). Subsequent experience and
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SUPERFUND (SF)
"National Priorities List Construction Completion Category and
Site Deletion" (cont'd)
analysis have shown that including the five-year review as part of the
NPL deletion criteria was confusing to the public. Inclusion meant that
even though many sites no longer presented a health threat and were
otherwise eligible for deletion, the sites had to remain on the NPL. EPA
determined that the Superfund program would operate more efficiently if
the NPL deletion process and the five-year review process were separated,
or "de-linked." On December 24,1991, EPA published the de-linking
policy, stating that deletion is no longer deferred pending the completion of
the five-year reviews. This change allows sites to be deleted from the NPL
as soon as the requirements specified in the Record of Decision are met.
Sites may be restored to the NPL immediately, if deemed necessary, at the
time of the five-year review.
EPA first placed sites into the Construction Completion category when the
February 11, 1992, NPL final rule was published (56 FR 5598). At that time,
14 NPL sites were given the special classification. On January 16,1992,
EPA issued a Federal Register notice clarifying the Construction
Completion designation and placing an additional 11 sites into the category
(57 FR 1873). This designation does not exempt a site from the deletion
procedures found at 40 CFR §300.425(e), but does signify that major progress
has been made at the site. In order for a site to be shifted into the
Construction Completion category, the site must have an approved interim
or final close-out report. Thus, the Construction Completion category
consists of (1) sites with an operating remedy in place that will take many
years to complete (such as groundwater pump-and-treatment), and (2) sites
that are cleaned up and will most likely be deleted when the required
public notice and State consultation process has been completed.
Separating the five-year review requirement from the deletion process and
placing sites into the Construction Completion category are procedural
changes that do not affect implementation of the regulations. The
importance of these policies is that they streamline the deletion process,
and highlight the NPL sites where health risks have been significantly
reduced. These changes should provide a more effective method of
demonstrating to the public the progress and achievements of the Superfund
program. (March 1992 Monthly Hotline Report)
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SUPERFUND (SF)
Key Words:
Municipal waste; off-site
policy; remediation;
Subtitle D
"Off-Site Policy and Subtitle D Regulations"
QUESTION: A CERCLA site is undergoing remediation, which is producing
soil and debris. Analysis of the soil and debris indicates they do not
contain RCRA hazardous waste (i.e., they are nonhazardous waste). Due to
the conditions at the site, however, the soil and debris will have to be
disposed of off-site. Is it permissible under the existing CERCLA off-site
policy (OSWER Directive 9843.11, November 13, 1987, PB91-139 287) to
dispose of nonhazardous soil and debris from a CERCLA site at a municipal
solid waste landfill regulated by RCRA Subtitle D?
ANSWER: If nonhazardous waste generated during remediation of a
CERCLA site is not otherwise regulated (i.e., by the Toxic Substances
Control Act, the Atomic Energy Act, or other applicable Federal and state
laws), a lead agency can direct this waste to be disposed of at a Subtitle D
municipal solid waste landfill facility that meets the requirements set by
the November 13, 1987, off-site policy. The off-site policy, promulgated
pursuant to CERCLA §121(d)(3), provides that CERCLA hazardous
substances, pollutants, and contaminants (CERCLA waste) transferred off-
site are sent only to facilities determined to be environmentally sound.
To meet the objectives of the off-site policy, the lead agency must make a
determination about the acceptability of the facility that is to receive the
CERCLA waste. To be considered acceptable to receive CERCLA waste
under the off-site policy, a Subtitle D facility must be in compliance with
all applicable Federal or state regulations, and all environmentally
significant releases from the Subtitle D facility must be controlled by a
corrective action program under the applicable Federal or state authority.
To ensure compliance with these standards, facilities designated to receive
CERCLA wastes must be inspected by the appropriate regulatory agency
prior to the planned receipt of CERCLA waste. Information about the
acceptability of a particular facility to receive CERCLA waste may be
obtained by calling the Regional Off-Site Coordinator (ROC) of the Region
in which the facility is located.
The regulatory authority for municipal solid waste landfills rests
primarily with state and local governments. In October 1991, EPA
promulgated a rule requiring owners and operators of Subtitle D municipal
solid waste landfills to comply with a comprehensive set of Federal
minimum standards (56 FjR 50978; October 9,1991). Owners and operators
must comply with these new requirements by October 9,1993. These
regulations, which include location restrictions, facility design and
operating criteria, groundvvater monitoring and corrective action
requirements, financial assurance requirements, and closure and post-closure
care requirements, are codified at 40 CFR Fart 258. (August 1992 Monthly
Hotline Report)
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SUPERFUND (SF)
Key Words:
Hazard Ranking System;
removal; site inspection
"Removal Activities Considered in HRS Scoring"
QUESTION: Part of a site has been cleaned up prior to the calculation of a
Hazard Ranking System (HRS) score. Can the contamination that was
removed be eliminated from inclusion in the HRS calculation?
ANSWER: The HRS, which evaluates threats to human health and the
environment from hazardous waste sites, is the principal mechanism for
placing uncontrolled hazardous waste sites on the National Priorities List
(NPL). In certain circumstances it is possible for contamination that has
been removed prior to HRS scoring to be excluded from the calculation.
The original HRS (47 FR 31180; July 16, 1982) based the evaluation of
scoring factors on initial site conditions that existed prior to any response.
Pursuant to SARA §105(c), EPA proposed to revise the HRS methodology
(53 FR 51962; December 23, 1988). In the revised HRS, which was finalized
on December 14,1990 (55 FR 51532), EPA changed its policy to allow
calculation of waste quantities to be based on current conditions. Reductions
in quantity of waste through timely removal actions are now considered in
the calculation of the HRS score. The Agency believes that when
implemented correctly, consideration of removal actions in HRS scoring is
likely to increase incentives for rapid, early action by responsible parties.
Early cleanup actions reduce risks to the public and allow for more cost-
effective expenditure of the fund.
A response action must meet three criteria to be considered a "qualifying
removal" for HRS purposes: (1) wastes must have been physically removed
from the site; (2) those wastes must be disposed of or destroyed at a facility
permitted under RCRA, TSCA, or the NRC; and (3) the removal action must
have occurred prior to the cutoff date applicable to the site (which
corresponds to the start of the site inspection at the site). The first
criterion, physical removal, is required to ensure that the effects of
responses not reducing waste quantities (such as providing alternate
drinking water supplies or relocating citizens) are not considered in
calculating an HRS score (55 FR 51568). In such cases, EPA believes the
initial contamination should be considered in scoring sites, so the HRS score
will reflect remaining impacts. The second criterion, disposal in an
appropriate facility, ensures that wastes and their associated risks are not
simply moved from one uncontrolled location to another. The criterion
pertaining to the timing of the action ensures that EPA does not have to
recalculate site scores continually to reflect removal actions. To do so would
be unduly burdensome, and would disrupt the site assessment process.
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SUPERFUND (SF)
"Removal Activities Considered in HRS Scoring" (cont'd)
In calculating HRS scores, EPA will only consider qualifying removal
actions conducted prior to the start of a site inspection (SI). The SI start
date is also referred to as the cutoff date applicable to the site. Because of
the difference in site assessment activities for different types of sites (e.g.,
EPA-lead, State-lead, Federal facilities), criteria for determining the
appropriate cutoff date differ among sites. For Federal facility sites, the
cut-off date is 18 months after the site is placed on the Federal Facilities
Docket. For non-Federal facility sites, the Agency historically has not
tracked SI dates, so the SI cutoff date may be determined by several
analogous events. Generally, the SI cutoff date for non-Federal facility
sites is the date that the workplan development for the first SI began. The
Agency now tracks SI start dates in CERCLIS; thus the SI start date entered
in CERCLIS will be used with increasing frequency in the future.
For sites with multiple Sis, the SI cut-off date is keyed to the first SI;
however, EPA may establish a later cutoff date under certain
circumstances. For example, if a wholesale change in site sampling
strategy occurs, considering removals is unlikely to disrupt the site
assessment process. EPA may also consider establishing a later cutoff date
if the SI process lasts for more than four years. Follow-up sampling
conducted to gather information for the revised HRS should not be used to
determine a new cutoff date, even if more than four years have elapsed,
because the bulk of the sampling generally will have been conducted
previously.
For more detailed information on this policy and examples of qualifying
removals, consult OSWER Directive 9345.1-03FS: The Revised Hazard
Ranking System: Evaluating Sites After Waste Removals, October 1991
(available from NTIS: PB92-963 326). (May 1992 Monthly Hotline Report)
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SUPERFUND (SF)
Financial
Key Words:
Capacity assurance plan;
cooperative agreement;
grant; state program
Key Words:
Cost recovery;
enforcement; interest rates;
liability; potentially
responsible party
"Core Program Cooperative Agreements"
QUESTION: What are Core Program Cooperative Agreements?
ANSWER: CERCLA §104(d)(l) authorizes EPA to award cooperative
agreements with States, political subdivisions, and Federally recognized
Indian tribes. A Core Program Cooperative Agreement (CA) is a legal
instrument EPA can use to transfer funds to a State, Federally recognized
Indian tribe, or a State's political subdivision to support CERCLA
implementation activities. EPA intends the Core Program to help lay the
groundwork for the implementation of the integrated EPA-State/tribe
approach to meeting Superfund goals.
The regulations regarding State, political subdivision, and Federally
recognized Indian tribe involvement in the Superfund program are found in
the National Contingency Plan at 40 CFR §300.515. The requirements for
CAs are discussed in the June 5,1990, Federal Register (55 FR 22994), and
codified at 40 CFR Part 35, Subpart O, Cooperative Agreements and
Superfund State Contracts for Superfund Response. These funds are not
assignable to specific sites, but are intended to develop and maintain
participation in the CERCLA response program. All activities that are not
site-specific and that are necessary to support a recipient's Superfund
program are eligible for Core Program funding. Examples include the
development of recordkeeping systems, the general coordination of
administration and/or management activities associated with removals,
and the development of a 20-year State Waste Capacity Assurance Plan.
The number of Core Program CAs has increased from 3 in 1987 to 46 in 1991.
States are required to provide a 10 percent cost share for Core Program
awards. (January 1992 Monthly Hotline Report)
"Interest Rates on Superfund Cost Recovery Actions"
QUESTION: EPA is authorized by CERCLA §111 to expend Superfund
monies to finance response actions in order to facilitate cleanup of Superfund
sites. The Agency can then take enforcement action to recover costs from
potentially responsible parties (PRPs) at the site pursuant to §107. When
calculating recoverable costs, may EPA charge interest on the amount
expended? If so, how is the applicable interest rate calculated?
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SUPERFUND (SF)
"Interest Rates on Superfund Cost Recovery Actions" (cont'd)
ANSWER: EPA is authorized to seek interest charges on all amounts
recoverable under CERCLA §107(a)(4). Recoverable amounts under
§107(a)(4) include costs not inconsistent with with the National
Contingency Plan which are incurred during the process of conducting a
removal action, remedial investigation/feasibility study (RI/FS), or
remedial design and remedial action activity (RD/RA). In addition,
§107(a)(4) authorizes EPA or other Federal agencies to recover damages for
injury to, destruction of, or loss of natural resources, and the costs of any
health assessment or health effects studies carried out under §104(i). EPA
may also recover its oversight costs, legal costs, and indirect costs in
accordance with CERCLA authorities.
The interest EPA seeks from PRPs on outstanding debts from monies spent to
clean up Superfund sites, as well as the interest EPA earns on the fund
itself, are determined by the Treasury Department each year using a one-
year constant average of interest rates paid on U. S. Treasury MK bills. The
interest rates for fiscal years 1985 through 1992 are as follows:
1985
1986
1987
1988
10.82%
7.43%
5.63%
6.99%
1989
1990
1991
1992
8.39%
8.47%
7.99%
5.70%
Each fiscal year begins on October 1 and ends on September 30 of the
following year. When calculating cost recovery amounts, EPA applies the
interest rate from the date EPA issues a demand letter or the date of any
fund expenditure. Even if EPA has not made a specific demand for payment,
interest is still recoverable from the date EPA incurred the costs (see U.S. v.
Bell Petroleum Services, Inc., 734 F. Supp. 771, 784). If a cost recovery action
takes place over a number of years, interest on the outstanding balance is
recalculated using the new fiscal year's interest rate until EPA receives full
payment. (July 1992 Monthly Hotline Report)
General
Key Words:
Documents; information
management
"Accessing Superfund Publications"
QUESTION: What is the process for distributing and accessing Superfund
publications?
ANSWER: There are several sources for Superfund documents and document
information: the Superfund Document Center, the Superfund Docket, the
National Technical Information Service (NTIS), and the Public
Information Center (PIC). Each resource plays a different role in the
distribution of Superfund documents and information.
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SUPERFUND (SF)
"Accessing Superfund Publications" (cont'd)
The Superfund Document Center is the primary source of Superfund
documents for EPA staff. It is also the Office of Emergency and Remedial
Response's (OERR's) official publication clearinghouse and, as such, sets
publication standards for all Superfund documents. The Document Center
reviews the document preparation process with authors, ensures that the
document conforms to OERR standards, and coordinates reproduction,
printing, and distribution. The Superfund Document Center houses
Superfund program documents (series 9200-9300) and Enforcement program
documents (series 9800-9900), and has organized these documents into a
catalog entitled Compendium of Superfund Program Publications, which
includes brief summaries of individual documents. The Superfund Document
Center can distribute documents to EPA employees only.
The Superfund Docket is the public viewing location for rulemaking
materials that support the Office of Solid Waste and Emergency Response's
Superfund program. These rulemaking materials include Superfund Federal
Register notices, public comments, the Agency's response to comments, and
background reference materials. The Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 as amended by the
Superfund Amendments and Reauthorizetion Act of 1986 is available for
viewing at the Superfund Docket. National Priorities List site
documentation, including Records of Decision, Hazardous Ranking System
scoring packages, and Administrative Records, are also located at the
Superfund Docket. The Superfund Document Center (Room M-2514) and the
Superfund Docket (Room M-2427) are located at: U.S. EPA, 401 M Street,
SW, Washington, DC 20460. Hours of operation are 9:00 a.m. to 4:00 p.m.,
Monday through Friday.
In order to be responsive to extensive public demand, EPA has placed all
current, publicly available Superfund documents with NTIS for
distribution. Because NTIS receives no Congressionally appropriated
funds, the public must purchase these documents. For information about the
full range of available Superfund documents, the Compendium of Superfund
Program Publications (Order No. PR-881) is available free of charge from
NTIS.* Those documents added to the Superfund collection since the
preparation of the Compendium may be searched on line in the NTIS
Bibliographic Database, which is available through several of the
commercial database vendors. The new NTIS standing-order service is the
best way to stay current with Superfund program developments. (April
1992 Monthly Hotline Report)
*Addition: The compendium, which is published annually, is
supplemented by a quarterly update bulletin also available at NTIS for no
charge.
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SUPERFUND (SF)
Key Words:
Closure; federal facility;
property transfer
"Community Environmental Response Facilitation Act"
QUESTION: On October 19,1992, Congress amended CERCLA §12(Xh)
under the Community Environmental Response Facilitation Act (Public Law
102-426) to expedite the sale of federal land that is determined to be
uncontaminated. What are the provisions of this amendment?
ANSWER: Congress passed the Community Environmental Response
Facilitation Act (CERFA) in response to concern over the adverse economic
conditions that often result from the closing of certain federal facilities.
Transferring federal property to the private sector is often a lengthy
process due to the concern over possible hazardous substances on the
property, and the delay in remediating environmental contamination. The
purpose of CERFA is to identify federal land and properties offering the
greatest opportunity for reuse and redevelopment, expedite necessary
remedial and corrective actions, make the property available for sale, and
ensure the continued liability of the federal government when appropriate.
Under §120(h) of CERCLA, whenever the U.S. government enters into a
contract to sell or transfer federal property, a notice must be placed in the
contract for sale reporting any hazardous substance that has been stored for
a year or more, known to be released, or was disposed of on the property.
When the government sells property, a similar notice must be placed in the
deed, as well as a covenant that all necessary remedial action has been
taken by the time of the transfer. EPA promulgated regulations at 40 CFR
Part 373 specifying the content of the notice (55 FR 14208; April 16,1990).
CERFA adds to the provisions of §120(h) by requiring the federal
government, within specified deadlines, to identify "uncontaminated"
property where hazardous substances or petroleum products have not been
released, disposed of, or stored for more than a year.
This identification process includes a detailed search of federal
government records and title documents; aerial photographs; a visual
inspection; a physical inspection; reasonably obtainable federal, state, and
local records of adjacent facilities; interviews with current or former
employees; and sampling, if appropriate. The EPA Administrator or the
appropriate state official must concur with the results of the identification
at NPL and non-NPL sites, respectively. Pursuant to §120(h) of CERCLA,
the sale of the property will not terminate the federal government's
liability. CERFA stipulates that any undiscovered environmental
problems with respect to any hazardous substances, petroleum, or petroleum
derivatives present on the property at the time of the sale or transfer of the
property remain the responsibility of the federal government and provides
that deeds must contain access provisions to allow for such response actions.
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SUPERFUND (SF)
"Community Environmental Response Facilitation Act" (cont'd)
Section 120(h)(3)(B) requires that each deed for transferred federal
property contain a covenant warranting that "all remedial action" has been
taken with respect to any hazardous substance remaining on the property.
Section 4 of CERFA specifies that all remedial action has been taken when
the construction and installation of an approved remedial design has been
completed. The federal agency must demonstrate that the remedial design
is operating properly and successfully. (December 1992 Monthly Hotline
Report)
Notification
Key Words:
Clean Air Act Amendments;
compound; hazardous
substance; release;
reportable quantity
"Reportable Quantity for Metallic Compounds Under the CAA
Amendments"
QUESTION: CERCLA §103(a) requires any person in charge of a vessel or
facility, upon learning of any release of a hazardous substance in quantities
equal to or exceeding a reportable quantity (RQ) in a 24-hour period, to
immediately notify the National Response Center. EPA determines
appropriate RQs for every hazardous substance designated pursuant to
CERCLA §101(14), and codifies these quantities at 40 CFR §302.4. The
Agency did not establish RQs for many generic classes of metallic
compounds (e.g., nickel, mercury, and lead compounds) because it would be
virtually impossible to develop standard RQs that would take into account
the varying characteristics of all the specific compounds within each class
(50 FR 13461; April 4,1985). Therefore the CERCLA reporting requirements
are triggered by the release of a specific compound listed in 40 CFR §302.4,
but not by a release of these generic classes of compounds.
Pursuant to CERCLA §102(b), substances added to the hazardous substance
list receive a statutory RQ of one pound until EPA designates a final RQ.
The 1990 amendments to §112 of the Clean Air Act designated a group of
generic classes of metallic compounds (e.g., lead compounds, mercury
compounds, nickel compounds) as hazardous substances. Does this mean
that these metallic compounds now have a statutory RQ of one pound, or
would EPA's original determination exempt these releases from CERCLA
reporting requirements?
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SUPERFUND (SF)
ANSWER: EPA's original determination of no reportable quantity remains
in effect for those generic compound categories designated as hazardous air
pollutants under §112 of the Clean Air Act Amendments (CAAA) of 1990
that were on the CERCLA hazardous substances list prior to the enactment
of the CAAA (EPA correspondence; August 23,1991). The generic classes of
compounds for which this applies are antimony, arsenic, beryllium,
cadmium, chromium, cyanides, lead, mercury, nickel, and selenium
compounds. Although releases of these generic classes of compounds do not
require CERCLA §103(a) notification, the owner or operator of a vessel or
facility can still be held liable for costs incurred in responding to their
release (50 FR 13461; April 4, 1985).
Cobalt compounds, glycol ethers, manganese compounds, fine mineral fibers,
and polycyclic organic matter were also designated as hazardous air
pollutants in the CAAA. Since RQ determinations have not been
previously made for these compounds, they are automatically assigned the
one pound RQ pursuant to CERCLA §102(b). EPA is currently evaluating the
physical, chemical, and toxicological properties of these compounds to
determine whether final RQs should be assigned to these categories.
(September 1992 Monthly Hotline Report)
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UNDERGROUND STORAGE TANKS (UST)
Applicability
Key Words:
Diesel; fuel; underground
storage tank
"Heating Oil UST Exclusion"
QUESTION: A company stores diesel fuel in an underground tank. The
diesel fuel is burned as a substitute for heating oil in an on-site furnace. The
definition of underground storage tank (UST) in 40 CFR §280.12 excludes any
tank used for storing heating oil for consumptive use on the premises where
stored. Does the underground tank storing diesel fuel meet this exclusion?
Would it meet the exclusion if the fuel is burned in a combustion engine?
ANSWER: An underground tank storing diesel fuel will meet this exclusion
if the diesel fuel will be substituted for heating oil; i.e., burned in a unit
designed to use heating oil. The exclusion to the definition of UST in
§280.12 has two parts: the definition of heating oil and the scope of
consumptive use. A tank must meet both parts to be excluded.
Heating oil is defined in §280.12 as No. 1, No. 2, No. 4-light, No. 4-heavy,
No. 5-light, No. 5-heavy, and No. 6 technical grades of fuel oil; residual
fuel oils (including Navy Special Fuel Oil and Bunker C); and fuel oil
substitutes such as kerosene and diesel fuel when used for heating purposes
(53 FR 37117; September 23, 1988). A tank storing diesel fuel that will be
burned as an alternative to one of these eight types of heating oil in a unit
designed to burn heating oil is excluded from the definition of UST. If, on
the other hand, the diesel fuel is being used for some other purpose, such as
to power an internal combustion engine or an emergency generator, the tank
would not meet this exclusion. The question of whether tanks associated
with emergency power generators are excluded from the UST definition
under the heating oil exclusion is discussed on page 37118 of the September
23, 1988, Federal Register, which specifically addresses such tanks. The
language indicates that the use of heating oil itself is not limited to
heating, but may include other on-site uses, such as emergency generators.
This discussion does not incorporate or address the stipulation that USTs
containing fuels other than heating oil are only exempt if the fuel is burned
as a substitute for heating oil in units designed for heating oil. Therefore,
the language on page 37117 should be consulted for tanks containing other
fuels such as diesel fuel.
The second part of the exemption involves the meaning of consumptive use.
The exclusion applies to heating oil used at the same site where it is stored,
but not to heating oil that is stored prior to resale, marketing, or
distribution. Consumptive use of heating oil is not limited to burning in a
heater, but instead is defined as any on-site use (53 FR 37117). Therefore,
the §280.12 exclusion from the definition of UST applies to (1) tanks storing
one of the eight technical grades of fuel oil prior to any on-site use, and (2)
tanks storing fuel oil substitutes prior to use for on-site heating purposes
only. (October 1992 Monthly Hotline Report)
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UNDERGROUND STORAGE TANKS (UST)
Operating
Requirements
Key Words:
Inventory control; release
detection; underground
storage tank
"Calculating the Inventory Control Standard"
QUESTION: According to 40 CFR Part 280, Subpart D, new underground
storage tank (UST) systems and existing systems of certain ages must be
fitted with release detection. One of the options to satisfy this requirement
combines tank-tightness testing at specified periods with monthly
inventory control, which consists of reconciling tank measurements against
delivery and dispensing quantities. Section 280.43(a) requires that this
method detect releases of "...at least 1.0 percent of flow-through plus 130
gallons on a monthly basis...." How is the 1.0 percent plus 130 gallons of
flow-through calculated?
ANSWER: In order to determine whether a release has been detected, an
owner/operator must first determine the flow-through quantity; in other
words, the amount of regulated substance moving through the UST system
during any given month. Flow-through may be calculated using either the
amount added to or the amount dispensed from the tank, as long as the same
measure is used consistently.
After establishing the flow-through quantity, the owner/operator next
computes 1.0 percent of that quantity, and then adds 130 gallons. Written
mathematically, the standard may be expressed as (0.01 x flow-through) +
130 gallons. The owner/operator then compares the result against the
cumulative overage or shortage for the month to determine if a leak has
been detected. For example, suppose 7,000 gallons of gasoline are dispensed
from an UST during September. Although 8,000 gallons were delivered
during September, the owner/operator always bases flow-through on the
quantity dispensed; therefore the flow-through quantity is 7,000 gallons.
One percent of 7,000 gallons is 70 gallons, to which 130 gallons are added,
totaling 200 gallons ((0.01 x 7,000) + 130 = 200). The resulting 200 gallons
can then be compared against the cumulative overage or shortage for the
month to determine the presence of a leak. The margin for error allowed by
§280.43(a) helps reduce the frequency of false positive results from
temperature variations and measuring inaccuracies (a detailed discussion
can be found at 53 FR 37157; September 23,1988). More information on
inventory control is available in Detecting Leaks: Successful Methods Step
By Step (U.S. EPA Office of Underground Storage Tanks, November 1989;
530/UST-89/012). (August 1992 Monthly Hotline Report)
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UNDERGROUND STORAGE TANKS (UST)
Key Words:
Closure; underground
storage tank
"Temporary Closure of an UST"
QUESTION: A company owns an underground storage tank that is
regulated under 40 CFR Part 280. Although regulated substances are not
being added to or dispensed from the tank (i.e., the tank is out of service),
the company plans to use the tank in the future. With what operating
requirements must the owner/operator comply during the period the UST is
not in use?
ANSWER: When an UST is temporarily closed, an owner/operator must
continue operation and maintenance of corrosion protection, if a corrosion
protection system is present, in accordance with §280.31. The
owner/operator must also demonstrate financial responsibility if its
compliance date in §280.91 has passed until the tank system is properly
closed per §280.109, and, as appropriate, follow release confirmation,
release notification, and corrective action procedures (§280.70(a)). During
temporary closure, tanks may either continue to store regulated substances
or be emptied. If the tank stores regulated substances during temporary
closure, the owner/operator must also continue release detection. As
explained in the preamble to the September 23, 1988, Federal Register (p.
37182), however, release detection is not required during temporary closure
if the UST has been emptied in accordance with the procedures in
§280.70(a). Of course, those USTs that are not yet required to have release
detection according to the schedule in §280.40(c) (note that the schedule
indicates that December 22, 1993, is the last release detection deadline),
and those USTs that are deferred from release detection under §§280.10(c)
and (d) also are not required to have release detection when temporarily
closed.
An UST system that does not comply with the corrosion protection
standards in either §280.20 or §280.21 may remain in temporary closure for
a maximum of 12 months without prior approval from the implementing
agency. An extension may be granted by the implementing agency. Owners
and operators must complete a site assessment in accordance with §280.72
before applying for an extension. If an extension is not granted, an UST
system must either meet the corrosion protection standards for new or
upgraded tanks after 12 months of temporary closure, or be permanently
closed (§280.70(c)). (December 1992 Monthly Hotline Report)
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UNDERGROUND STORAGE TANKS (UST)
State Programs
Key Words:
State programs;
underground storage tank
"States Authorized for the Underground Storage Tank (UST)
Program"
QUESTION: Section 9004 of the Resource Conservation and Recovery Act
(RCRA) enables EPA to approve State underground storage tank (UST)
programs to operate in lieu of the Federal UST program. To qualify for final
approval, a State program must be "no less stringent" than the Federal
program and provide for adequate enforcement in accordance with
§§9004(a) and (b) of RCRA. To date, how many States have received final
approval?
ANSWER: Currently, six States have received final approval to operate
the UST program in lieu of EPA. The States are Georgia, Mississippi, New
Hampshire, New Mexico, North Dakota, and Vermont. Authorized States
have primary enforcement responsibility, although EPA retains the right
to conduct inspections under §9005 of RCRA and to take enforcement actions
under §9006 of RCRA. As of March 1992, EPA has issued tentative
determinations to grant approval to two other States, Maine and
Maryland, to operate the Federal UST program. A tentative
determination, like a proposed rulemaking, is followed by a comment
period and requires a subsequent action granting or denying approval.
Maine and Maryland are expected to receive approval during 1992.
States without UST program approval may have a Memorandum of
Agreement with their EPA Regional Office which allows them to
implement specific parts of the UST regulations on behalf of the Region.
Questions regarding the contents of any agreement should be addressed to
the appropriate State agency. (March 1992 Monthly Hotline Report)
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EMERGENCY PLANNING AND COMMUNITY
RIGHT-TO-KNOW ACT (EPCRA)
Emergency
Planning and
Release
Notification
Key Words:
Local Emergency Planning
Committee
"Establishment of a Local Emergency Planning Committee"
QUESTION: A Local Emergency Planning Committee (LEPC) must be
representative of different groups and organizations, as described in §301(c)
of the Superfund Amendments and Reauthorization Act (SARA) Title III.*
It states that, at a minimum, an LEPC must include "...representatives from
each of the following groups or organizations: elected State and local
officials; law enforcement, civil defense, firefighting, first aid, health,
local environmental, hospital, and transportation personnel; broadcast and
print media; community groups; and owners and operators of facilities
subject to the requirements of this subtitle." Does an LEPC have to consist of
one individual representative from each group and organization, or can one
member of an LEPC represent more than one group or organization listed?
ANSWER: In order for an LEPC to properly carry out its duties, such as
developing and distributing an emergency plan and responding to public
comment, it must consist of representatives from different groups and
organizations as described in §301 (c). One member of an LEPC can be the
representative for more than one group or organization, but the LEPC must
include representatives from all the groups and organizations listed in the
statute. For example, a member of the LEPC could be both the community
group representative and the hospital representative, assuming that person
is involved in both organizations. (January 1992 Monthly Hotline Report)
Clarification: SARA Title III is the Emergency Planning and Community
Right-to-Know Act. These terms are used interchangeably throughout this
report.
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
Key Words:
Emergency planning;
pesticides
"Pesticides Toward TPQ Under SARA Section 302"
QUESTION: SARA §302 requires owners and operators of facilities that
have extremely hazardous substances (EHS's) present above the threshold
planning quantity (TPQ) to participate in emergency planning (40 CFR
§355.30). If a facility has a pesticide sprayed on its grounds without first
being stored at the facility, must the amount of EHS present in the
pesticide that has been applied be counted towards the TPQ?
ANSWER: Under SARA §302, an owner or operator must identify any
EHS's that are present at the facility and, for each EHS, determine the
amount present. If the amount present equals or exceeds the EHS's TPQ,
then the facility is subject to emergency planning requirements. In this
specific example, the facility would not count the amount of EHS present in
the soil toward the EHS's TPQ because it is not present in a contained
structure. The definition of facility (40 CFR §355.20) includes all buildings,
equipment, structures, and other stationary items that are located on a
single site or on contiguous or adjacent sites and which are owned or
operated by the same person. This includes man-made structures in which
chemicals are purposefully placed or removed through human means such
that it functions as a containment structure for human use. Once it is
applied, the residual pesticide does not have to be applied toward the
threshold determination. It can be considered no longer "present at the
facility." This does not, however, exempt the owner or operator from
emergency planning requirements for EHS's present above their TPQ at the
facility, such as any EHS in a pesticide that is brought on-site prior to
application, stored, or present anywhere else at the facility. (February
1992 Monthly Hotline Report)
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
Hazardous
Chemical
Inventory
Reporting
Key Words:
Consumer product
exemption; hazardous
chemical reporting
"Consumer Product Exemption Applied to §§311 and 312"
QUESTION: Pennsylvania restricts the use of a product that is packaged
for distribution and use by the general public by requiring users within the
State to obtain a license. This product requires a material safety data
sheet under OSHA, and thus may be subject to the reporting requirements of
the Emergency Planning and Community Right-to-Know Act, EPCRA §§311
and 312. Does this product meet the consumer product exemption under the
definition of hazardous chemical, which is "...any substance to the extent it
is used for personal, family, or household purposes, or is present in the same
form and concentration as a product packaged for distribution and use by the
general public" (40 CFR §370.2)?
ANSWER: Any substance that is in the same form and concentration as a
product packaged for distribution and use by the general public is exempt
from the definition of hazardous chemical and is not reportable under
EPCRA §§311 and 312. This exception to the definition of hazardous
chemical under EPCRA has been referred to as the "consumer product
exemption." If a license is required for use of a product, it may not be
considered a consumer product. In this case, the determining factor is
accessibility of the product by the general public. If any private citizen can
obtain a license for use of the product, then it is considered a consumer
product. If some private citizens cannot obtain the license, then the use of
the product is limited to facilities that can obtain the license; thus the
product does not meet the consumer product exemption. If the restricted
product is present at a facility above the applicable reporting threshold,
then it is reportable under EPCRA §§311 and 312. Reporting on this product
may vary from State to State depending on the requirements and
limitations in obtaining a license for use. (May 1992 Monthly Hotline
Report)
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
Toxic Chemical
Release
Inventory
Key Words:
Activity index; pollution
prevention
Key Words:
Article
"Activity Indices and Production Ratios"
QUESTION: For the purposes of reporting in Section 8.9 of the Form R (40
CFR §372.85), a facility must provide a ratio of the reporting year
production to prior year production, or provide an "activity index" based on
a variable other than production that is the primary influence on the
quantity of the reported toxic chemical recycled, used for energy recovery,
treated, or disposed of. How should one-time or batch processors determine
an activity index or production ratio for reporting in Section 8.9 of the
Form R?
ANSWER: A one-time processor in its first year of using a toxic chemical
should report "NA" in Section 8.9 of the Form R. If a one-time processor uses
a toxic chemical on a yearly basis but in different products, applications,
and quantities, then a production ratio based on production or application
involving the toxic chemical should be calculated as follows: (production
involving the toxic chemical in the current year * production involving the
toxic chemical in the prior year).
Batch processors should calculate a ratio based on campaigns involving the
toxic chemical from year to year as follows: (campaign production in the
current year + campaign production in the prior year). (August 1992
Monthly Hotline Report)
"Article Disposal After Use"
QUESTION: A facility subject to §313 of the Emergency Planning and
Community Right-to-Know Act assembles circuit boards and other
"articles" to create a larger finished product by soldering them together.
During assembly, the individual circuit boards retain their article status
and are therefore excluded from §313 reporting under 40 CFR §372.38(b). If
the final product does not meet manufacturing specifications and is disposed
of, do the individual pieces retain their article status? Is disposal of the
finished product considered a release for purposes of completing the Form
R?
ANSWER: The individual circuit board pieces retain their article status
as long as the item being disposed of is still recognizable as an article. As
stated in the final rule on §313 reporting (53 FR 4507; February 16,1988),
"toxic chemicals in an item that qualifies as an article are not subject to
reporting even if the facility disposes of the article after use." The
disposal of the final product in this scenario, therefore, would not be
considered a release. (September 1992 Monthly Hotline Report)
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
Key Words:
Article; catalyst
Key Words:
Chlorine; facility
maintenance exemption
"Catalyst as an Article"
QUESTION: A facility uses a catalyst containing a listed toxic chemical in
a fixed bed reactor. The catalyst is in the form of cylindrical or trilobed
extrudates (pellets) in specific sizes. It is used to promote a chemical
reaction and is not physically altered during use. The spent catalyst is sent
off-site to be reclaimed. Can the catalyst be exempted as an article under
§313 of the Emergency Planning and Community Right-to-Know Act?
ANSWER: No. The catalyst is manufactured to a specific shape or design
and has end use functions dependent upon that shape; however, EPA
believes that releases occuring during use and transfer operations would
prevent it from meeting the article definition. Such catalysts usually
contain dust-size material that is not the same size and shape of the
pellets. The likely releases would be dust emissions and spills that occur
during charging and removing the catalyst from the reactor. Such
operations are part of the normal conditions of processing and use that must
be considered under the article definition. The spent catalyst sent off-site
for recycling does not itself constitute a release that invalidates the article
exemption, as long as all of the toxic chemical is recycled. The facility
should also consider whether any on-site regeneration of the catalyst
results in the toxic chemical being released in wastestreams. (March 1992
Monthly Hotline Report)
"Chlorine Added to Pool Water: Form R Reporting"
QUESTION: A facility maintains a swimming pool on the facility site for
recreational use by the facility employees. Chlorine is used to treat the
swimming pool water. Is the chlorine so utilized by the facility subject to
threshold and release calculations under EPCRA §313?
ANSWER: No. The chlorine used to treat the swimming pool water is
exempt from threshold and release calculations under the exemption found
at 40 CFR §372.38(c)(2) for use of products for routine janitorial or facility
grounds maintenance. (November 1992 Monthly Hotline Report)
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
Key Words:
Emissions; Form R
Key Words:
Laboratory exemption
"Estimating Releases for §313"
QUESTION: For purposes of reporting on the Form R under §313 (40 CFR
Part 372), a facility measures emissions from a sampling of valves, gaskets,
and other potential emission points and, in turn, uses these measurements to
estimate releases. Should the facility report the basis of the estimate as
"M" (monitoring), or "E" (emission factors) in §5.1 of the Form R?
ANSWER: The facility should enter "M" (monitoring) in §5.l.B. The Form
R instructions state that "M" is used when "...the estimate is based on
monitoring data or measurements for the toxic chemical as released to the
environment and/or off-site facility." The basis of the estimate should be
"E" (emission factors) only when using published emission factors. (June
1992 Monthly Hotline Report)
"Laboratory Activities Exemption Under EPCRA §313"
QUESTION: A manufacturing facility operates several on-site
laboratories and shops (e.g., machine shops, glass blowing shops) that
support the laboratories' activities. Assuming the activities in the
laboratories are exempt under 40 CFR §372.38(d), are the toxic chemicals
used in the shops also exempt from threshold and release determinations?
If the shops also support some nonexempt laboratory activities, would they
be required to account for the fraction of chemicals used for nonexempt
purposes?
ANSWER: In either case the toxic chemicals used in the shops would not be
exempt from threshold and release determinations. The fact that the
shops support exempt laboratory activities does not exclude the toxic
chemicals used in the shops from threshold and release determination. The
laboratory activities exemption in §372.38(d) applies to toxic chemicals
that are manufactured, processed, or otherwise used for certain purposes
such as research or quality control in a laboratory under the supervision of a
technically qualified individual. This exemption does not exempt the
facilities themselves, it only exempts those toxic chemicals that are
manufactured, processed, or otherwise used in certain laboratory activities
from threshold and release determinations required under EPCRA §313.
Specifically, §372.38(d)(3) states that the exemption does not apply to
"activities conducted outside the laboratory." (October 1992 Monthly
Hotline Report)
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
Key Words:
Laboratory exemption;
manufacturing threshold
Key Words:
Article; light bulbs
"Laboratory Use of a Manufactured Chemical"
QUESTION: A company manufactures 26,000 pounds a year of a toxic
chemical, 2,000 of which are manufactured and used in an on-site
laboratory under the supervision of a technically qualified individual.
Should the 2,000 pounds be counted toward determination of the
manufacturing threshold under §313 of the Emergency Planning and
Community Right-to-Know Act (EPCRA), or will this activity
manufacturer be exempt under the laboratory use exemption (40 CFR
§372.38(d))?
ANSWER: The 2,000 pounds are exempt from the threshold determination
for manufacturing under the laboratory use exemption (40 CFR §372.38(d))
because the toxic chemical was manufactured in a laboratory under the
supervision of a technically qualified individual. The facility will count
only 24,000 pounds of the manufactured chemical toward its applicable
manufacturing threshold. (July 1992 Monthly Hotline Report)
"Light Bulb Stem Disposal"
QUESTION: A facility subject to §313 of the Emergency Planning and
Community Right-to-Know Act crushes light bulbs and uses the crushed
glass in their process. The light bulb stems are not used in the process and
are disposed of. There is a lead "button" in each light bulb stem which is
disposed of. Is this button considered an article and therefore exempt from
threshold and release calculations under 40 CFR §372.38(b)?
ANSWER: No, the lead buttons from crushed light bulbs would not be
considered articles and the lead would not be exempt from threshold and
release calculations. Disposal of a toxic chemical, however, is not a
covered activity (i.e., manufactured, processed, or otherwise used).
Therefore the lead in these buttons would not be counted toward any
threshold. The facility would only be required to report the release of lead
buttons if a threshold for lead was exceeded by a covered activity
elsewhere at the facility. (September 1992 Monthly Hotline Report)
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
Key Words:
Form R; maximum amount
on-site
"Maximum Amount On-Site"
QUESTION: A facility regulated under §313 of the Emergency Planning
and Community Right-to-Know Act (40 CFR Part 372) is completing a Form
R. For Part II, Section 4 of the Form R, the facility must calculate the
maximum amount of a toxic chemical on-site at any one time during the
calendar year. The facility must add up the amounts of the toxic chemical
present at all locations within the entire facility (e.g., storage tanks,
process vessels, on-site shipping containers). Must the facility include the
amount of the toxic chemical in a wastestream or in scrap metal prior to
being smelted when determining the maximum amount on-site?
ANSWER: When determining the maximum amount on-site for Part II,
Section 4 of the Form R, the facility must aggregate all nonexempt forms of
the toxic chemical. Toxic chemicals present in waste as well as in scrap
metal are not exempt from reporting on the Form R. The amount of the toxic
chemical present in the waste or scrap metal must be included when
calculating the maximum amount on-site for Part II, Section 4. (September
1992 Monthly Hotline Report)
Key Words:
Neutralization; pH;
treatment
"Neutralization of Phosphoric Acid in the Process Stream"
QUESTION: A facility regulated under §313 of the Emergency Planning
and Community Right-to-Know Act (40 CFR Part 372) uses 11,000 pounds of
phosphoric acid. In the subsequent processes, phosphoric acid reacts with
other chemicals present in the stream and is neutralized to a pH above 6.
Should the facility report this neutralization as a treatment step in Section
7 of the Form R?
ANSWER: No, the facility is not treating the phosphoric acid. The acid
reacts with other chemicals in the processing stream. If, on the other hand,
phosphoric acid exiting in the wastestream reacts with other chemicals
present in the wastestream to a pH above 6, it would be reported as a
treatment step in Section 7 of the Form R. The facility in the second
scenario would use the appropriate code of Cll in Section 7. (April 1992
Monthly Hotline Report)
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
Key Words:
Otherwise use threshold;
processing threshold;
solvents
"Otherwise Use Activity"
QUESTION: A facility covered under §313 of the Emergency Planning and
Community Right-to-Know Act (40 CFR Part 372) manufactures shoes.
During production the facility uses adhesives that contain solvents such as
acetone and toluene. Due to the inefficiency of the process, 20 percent of the
solvent remains behind in the shoes when they are sold in commerce.
Would the facility count the amount of solvent remaining in the shoes
toward the 25,000-pound processing threshold?
ANSWER: No. The amount of solvent used in the adhesive would count
toward the 10,000-pound otherwise use threshold. Since the retention of
the solvents in the adhesives used to produce the shoes is unintentional, it
would not be considered processed. Thus, the facility would file a Form R if
it meets a 10,000-pound otherwise use threshold for the acetone or toluene
in the adhesive. (January 1992 Monthly Hotline Report)
Key Words:
Packaging; processing
threshold
"Packaging of a Toxic Chemical"
QUESTION: A facility receives a shipment of five-gallon cans of paint
containing a listed toxic chemical. The facility breaks up the shipment
into separate five-gallon cans and packages each can in a box with a paint
brush for sale. Is the toxic chemical "repackaged" and thus "processed" for
purposes of EPCRA §313?
ANSWER: No. "Repackaging" refers to the act of removing a toxic
chemical from one container and placing it in another. Simply repackaging
a container that contains a toxic chemical does not constitute "processing" of
that toxic chemical under EPCRA §313. (May 1992 Monthly Hotline
Report)
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
Key Words:
Processing threshold;
recycling; solvent
"Reclamation as Processing Under EPCRA §313"
QUESTION: A reclamation facility receives waste solvents containing an
EPCRA §313 toxic chemical from a separate facility that generated the
wastes (the generating facility). The reclamation facility reclaims the
toxic chemical and returns it, as a product, to the generating facility. For
the purpose of EPCRA §313 threshold determinations, is the reclamation
facility processing the toxic chemical?
ANSWER: The term "process" is defined at 40 CFR §372.3 as "...the
preparation of a toxic chemical, after its manufacture, for distribution in
commerce." The final rule implementing the EPCRA §313 regulations (53
FR 4506; February 16, 1988) further clarifies this definition by stating that
"[t]he process definition focuses on the incorporation of a chemical into a
product that is distributed in commerce."
By reclaiming the toxic chemical and returning it to the generator, the
reclamation facility has prepared the chemical for distribution in
commerce by incorporation of the chemical into a product. Therefore, the
reclamation facility is processing the toxic chemical in the waste solvent it
receives. Assuming the reclamation facility is a manufacturing facility
with 10 or more full-time employees, it is required to report under EPCRA
§313 for the toxic chemical if it exceeds an activity threshold (e.g.,
processing more than 25,000 pounds) during the course of a calendar year.
(December 1992 Monthly Hotline Report)
Key Words:
Otherwise use threshold
"Recycle/Reuse Activity Under §313"
QUESTION: Refractory bricks containing 12,000 pounds of lead are
installed in a reaction vessel. Is the lead in the bricks considered
"otherwise used" for purposes of §313 of the Emergency Planning and
Community Right-to-Know Act? Also, are releases of lead from the bricks
during reporting year 1991 subject to release reporting on the Form R (40 CFR
Part 372) if no new bricks are added during the calendar year?
ANSWER: The lead contained in the bricks is considered "otherwise used"
since it is not incorporated into the final product. The facility would count
the amount of lead in the bricks that are added to the reaction vessel only
for the year in which the bricks are installed. In answer to the second
question, if the 10,000-pound threshold is exceeded, then all releases of
lead would be reported. Neither the lead contained in the refractory bricks
in the inventory (i.e., not yet installed), nor in-place lead contained in
bricks (i.e., installed in a previous year) are to be included in threshold
determination for the reporting year in question. If no bricks are installed
during the calendar year, then a report would not be required. (August 1992
Monthly Hotline Report)
52
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
Key Words:
Release
"Release Reporting of Process-Generated Dusts"
QUESTION: A facility subject to §313 of the Emergency Planning and
Community Right-to-Know Act processes items containing listed §313 toxic
chemicals. During processing, dusts are released to air withing the facility
and some of this dust settles out within the facility (on rafters, equipment,
floors and in adjacent rooms). If a processing threshold is met, how would
the facility report the releases of the toxic chemicals present in the dust on
the Form R in section 5?
ANSWER: The facility must account for the amount of the toxic chemical
released to various environmental media. Reporting of releases is based on
the entire calendar year. If during the year an amount in dusts that settle
out are collected and disposed of, then this would be reported as an amount
disposed of on-site or off-site in the appropriate section of Form R (e.g., if
the dusts are sent off-site for disposal they would be reported in Part II,
Section 6.2). Any amount of toxic chemical in dusts that remain airborne
would be reported as a fugitive release. Amounts released that settle out on
facility structures or equipment that are not collected and disposed of
should be reported in Section 5.5.4 of Form R as a release to land on-site.
(February 1992 Monthly Hotline Report)
Key Words:
Pollution prevention;
remediation
"Remedial Action for Pollution Prevention"
QUESTION: Is dredging a lagoon (or surface impoundment) containing a
§313 toxic chemical once every five years (routine procedure) considered a
remedial action under the Pollution Prevention Act? If so, how should
releases from the dredging be reported in §8.8 of the Form R (40 CFR Part
372)?
ANSWER: Because the dredging of the lagoon (or surface impoundment)
occurs routinely every five years, it is not considered a remedial action
under the Pollution Prevention Act, and accordingly, releases from the
dredging should not be reported as releases from remedial actions. Instead,
releases resulting from dredging would be reported in §5 or §6 of the Form R,
depending on the ultimate disposition of the chemical. (June 1992 Monthly
Hotline Report)
53
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
Key Words:
Compound; polymer
Key Words:
Routine maintenance
exemption
Key Words:
Routine maintenance
exemption; solvent
"Reporting on Polymeric Lead Compounds"
QUESTION: A polymeric lead compound is processed at a facility in excess
of the 25,000-pound threshold during the reporting year. Is a polymer that
contains lead as a part of its infrastructure considered to be a lead compound
under §313 of the Emergency Planning and Community Right-to-Know Act?
ANSWER: The polymer would be considered to be a lead compound.
According to Directive 4 on compounds and mixtures in the Toxic Chemical
Release Inventory Reporting Package for 1990, a compound is any
combination of two or more chemicals where the result is (in whole or in
part) a product of a chemical reaction. In the formation of a compound, the
reactant chemicals lose their individual chemical identities. Polymers
formed as nonreversible reaction products are an example of a compound.
Since this polymer is a compound, under §313 (40 CFR §372.22(h)), a
polymeric lead compound processed at a facility would count toward the
threshold determination for lead compounds. (August 1992 Monthly
Hotline Report)
"Routine Maintenance Exemption Under EPCRA §313"
QUESTION: An EPCRA §313 toxic chemical is used to clean a process-
related tower at a manufacturing facility. Is this use of the chemical
exempt from threshold and release calculations under the routine janitorial
and facility grounds maintenance exemption of 40 CFR §372.38(c)(2)?
ANSWER: Materials used to maintain process-related equipment at a
facility (e.g., cleaners and lubricants) are not exempt under §372.38(c)(2).
Because the tower is process-related, the exemption does not apply. This
exemption only applies to the use of products that are similar in type or
concentration to consumer products and are specifically used for routine
janitorial or facility grounds maintenance. (October 1992 Monthly Hotline
Report)
Structural Component Exemption Under EPCRA §313
QUESTION: A manufacturing company paints on-site buildings as part of
its routine facility maintenance. The solvent in the paint is an EPCRA §313
toxic chemical. The paintbrushes used to paint the buildings are cleaned
with a solvent that is also an EPCRA §313 toxic chemical. Is the solvent
used to clean the brushes subject to threshold and relase calculations under
§313?
ANSWER: The structural component exemption set out at 40 CFR
§372.38(c)(l) applies to the solvent in the paint used to paint the facility.
It also applies to the solvent used to clean the paintbrushes since this is
part of the painting process. Likewise, any paint and cleaning solvent
residues would not be subject to threshold or release calculations. (October
1992 Monthly Hotline Report)
54
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
Key Words:
Supplier notification
"Supplier Notification Under EPCRA §313"
QUESTION: Chemicals are routinely added to or deleted from the existing
EPCRA §313 list of toxic chemicals. When must I begin providing a
supplier notification (40 CFR §372.45) for a newly added chemical? What
about chemicals that were covered for calendar years 1987 and 1988?
ANSWER: For a chemical added on or after January 1 and before December
1 of any calendar year, supplier notifications are to be provided with the
first shipment of the chemical in the following calendar year and every
year thereafter. For example, a chemical added on April 1,1991, requires a
notification beginning with the first shipment of the chemical in the 1992
calendar year.
For a chemical added on or after December 1 of any calendar year and
before January 1 of the next calendar year, supplier notifications are to be
provided with the first shipment of the chemical in the year following the
next calendar year and every year thereafter. For example, a chemical
added on December 10,1991, requires a notification beginning with the first
shipment of the chemical in the 1993 calendar year. (November 1992
Monthly Hotline Report)
Key Words:
TDI; mixture; release
"TDI Thresholds and Releases"
QUESTION: A facility has three separate process streams: one containing
2,4-toluene diisocyanate (TDI), with CAS number 584-84-9; the second
containing 2,6-TDI, with CAS number 91-08-7; and the third containing TDI
(mixed isomers), with CAS number 26471-62-5. In the past, the list of §313
toxic chemicals included 2,4-TDI and 2,6-TDI. On December 1,1989, TDI
(mixed isomers) was added to the list. How should a facility calculate the
thresholds and releases for each isomer and for the mixture of TDI? If the
facility knows the composition of the mixture, should it total the amount of
the pure 2,4-TDI and 2,6-TDI with the amount in the mixture to determine
if the thresholds for the individual isomers have been met?
ANSWER: Because the §313 list of toxic chemicals includes listings for
pure 2,4-TDI, pure 2,6-TDI, and TDI (mixed isomers), the facility should
calculate the thresholds separately for each stream. The components of
the mixture should not be applied to the thresholds of pure isomers. If the
individual thresholds are not met, no reporting is necessary. If the
individual thresholds are exceeded, the facility may file a single report
for TDI (mixed isomers) and include the total releases and transfers of all
three process streams, or file three separate reports (40 CFR Part 372).
(March 1992 Monthly Hotline Report)
55
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
Key Words:
Concentration; de minimis
"Threshold Determination Based on the Range of
Concentration Given on the MSDS"
QUESTION: A facility regulated under §313 of the Emergency Planning
and Community Right-to-Know Act (EPCRA) uses a chemical mixture that
contains a listed §313 toxic chemical. The concentration of the toxic
chemical is given as a range on the material safety data sheet (MSDS). If
the maximum and minimum concentrations are above and below the de
minimis concentration level, how can the facility determine quantities for
§313 compliance (40 CFR Part 372)?
ANSWER: The amount of the chemical in the mixture that is above the de
minimis level, and therefore counts toward the threshold, can be assumed
to be proportional to the ratio of the amount above de minimis concentration
to the amount of the total concentration range. The concentration of the
chemical in the mixture that is not exempt is the average of the de minimis
level and the maximum concentration.
For example, assume that a facility manufactures 10 million pounds of a
mixture containing 0.25-1.20 percent of a toxic chemical that is subject to a 1
percent de minimis exemption. The quantity of that mixture subject to
reporting is:
10,000,000 Ibx (1.20-1.00) = 2.105.263 Ib nonexempt mixture
(1.20-0.25)
This 2,105,263 pounds of nonexempt mixture is multiplied by the average
concentration above the de minimis, which is 1.1 percent, or
1.20+1.00
2
2,105,263 x 0.011 = 23,158 Ib
In this example, the amount of chemical that counts toward a threshold is
23,158 pounds. (July 1992 Monthly Hotline Report)
56
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EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
Key Words:
Fuel; processing threshold
Key Words:
FormR
"Threshold Determination Under Section 313"
QUESTION: A facility covered under §313 of the Emergency Planning and
Community Right-to-Know Act manufactures and repairs airplanes. Prior
to beginning any repair work, any fuel remaining in the airplane's fuel
tanks is emptied by service personnel at the facility. After the repairs are
completed, the airplane is refueled with fuel removed from the airplane's
fuel tanks and/or new fuel. Should the owner/operator of the
manufacturing and repair facility consider the toxic chemicals present in
the fuel when making §313 threshold and release calculations?
ANSWER: Yes. For purposes of §313 threshold and release calculations,
the toxic chemicals present in the fuel would be considered to be processed
because they are being further distributed in commerce. Thus, the toxic
chemicals present in the fuel are subject to the 25,000 Ib processing
threshold. (February 1992 Monthly Hotline Report)
"TRI Facility Location"
QUESTION: A facility regulated under §313 of the Emergency Planning
and Community Right-to-Know Act uses a Post Office box number or a
mailing address different from its physical address to receive its mail.
When the physical location is listed as the mailing address, the mail is
returned to the sender by the Post Office. For reporting on the Form R,
Section 3.1, what should the facility list as its mailing address?
ANSWER: The reporting year 1991 Form R contains a separate field for
mailing addresses. The facility should enter its mailing address in this
field if it is different from the facility's physical address. The facility
must always enter its physical address in the appropriate section of the
Form R (40 CFR Part 372). (March 1992 Monthly Hotline Report)
57
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EMERGENCY PLANNING AND COMMUNITY
KNOW ACT (EPCRA)
RIGHT-TO-
Key Words:
Land disposal unit; release;
transfer off-site
"Wastepile Releases Under EPCRA §313"
QUESTION: A facility continually places material containing a toxic
chemical on the land in a pile during a calendar year. The facility is
intending to have the pile hauled off-site during the next calendar year.
Must the facility report the toxic chemical in the pile as released to land
for the calendar year in which it places the material in the pile?
ANSWER: (In the following answer, it is assumed that the material is
being transferred off-site for the purpose of disposal, treatment, energy
recovery, or recycling.)
Material that is added to a pile during a calendar year does not have to be
reported, for that calendar year, as a release to land if the pile was used
only for temporary storage. EPA will consider that the pile was used for
temporary storage if the facility routinely made off-site transfers of
material from the pile during that calendar year. The facility should be
able to demonstrate that they conducted such routine transfers.
If a facility did not make such routine transfers during a calendar year in
which material was added to the pile, EPA will consider that the pile was
for disposal, and the quantity of toxic chemical placed on the pile during
that calendar year and present at the end of that year must be reported as a
release to land, regardless of the facility's intention to transfer the
material off-site in an ensuing year. If, in an ensuring year, such material is
transferred off-site, the movement would be counted as a transfer off-site
even though this entails double counting. (November 1992 Monthly
Hotline Report)
58
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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 1992. Both proposed and final rules with significant
impact on these programs are included. This is not a complete list of all app!:cY;We FR
notices for the year. For a comprehensive review of FR notices, the reader may vi^h to
obtain FR reference materials or a reporting service. The summaries in this SLcnon cm-
included to provide a convenient and easy-to-use overview.
The Federal Register summaries are grouped by program area and status (propo-.ed, final!
and presented chronologically within each section. Complete citations are p rev; .led for
ease of reference.
59
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RESOURCE CONSERVATION AND RECOVERY
ACT (RCRA)
Proposed
Rules
Citation:
February 4,1992
(57 EB 4170)
Citation:
May 20,1992
(57 £B 21450)
Citation:
August 11,1992
(57 EB 35940)
Citation:
December 24,1992
(57 EE 61542)
"Timing of Surface Impoundment Retrofitting Under the Land
Disposal Restrictions"
SUMMARY: This proposal clarifies the deadline by which surface
impoundments receiving wastes that are newly identified or listed as
hazardous must be brought into compliance with the minimum
technological requirements (MTR) established in RCRA §3004(o)(l)(A).
The proposal would give all surface impoundments up to four years from the
date of compliance to comply with the MTR.
"Proposed Hazardous Waste Identification Rule"
SUMMARY: This rule proposed amendments to RCRA regulations for
hazardous waste identification. The Agency presented two options. The
first would establish Concentration-Based Exclusion Criteria (CBEC) or
exemption levels for constituents found in certain wastes. The second option
would expand the number of hazardous constituents listed under the
toxicity characteristic and is referred to as the Expanded Characteristic
Option, or ECHO. Comments will be accepted until July 29,1992. This
proposed rule was withdrawn on October 30,1992 (57 FR 49280).
"Land Disposal Restrictions 'No Migration' Variances"
SUMMARY: This rule proposes EPA's interpretation of the "no migration"
variance to the Congressionally mandated restrictions on land disposal of
hazardous waste. EPA also proposed new requirements for petitioning EPA
and demonstrating that there will be "no migration" from a land disposal
unit. Comments on this proposed rule must be received on or before
September 25,1992.
"Suspension of the Toxicity Characteristic Rule for Non-UST
Petroleum Product-Contaminated Media and Debris"
SUMMARY: EPA proposed to suspend the Toxicity Characterestic Rule
(Hazardous Waste Codes D018 through D043 only) for three years for
environmental media and debris contaminated by petroleum products
released from sources other than Underground Storage Tanks. Comments
must be submitted on or before February 8,1993.
61
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Final Rules
Citation:
January 29, 1992
(57 £R 34762)
Citation:
March 3, 1992
(57 FR 7628)
"Liners and Leak Detection Systems for Hazardous Waste Land
Disposal Units"
SUMMARY: EPA amended the current regulations concerning liners and
leachate collection and removal systems for hazardous waste surface
impoundments, landfills, and waste piles. EPA also added new regulations
requiring owners and operators of hazardous waste surface impoundments,
waste piles, and landfills to install and operate leak detection systems
when new units are added, laterally expanded, or replaced. The effective
date is July 29, 1992.
"'Mixture' and 'Derived-From' Rules"
SUMMARY: EPA is today simultaneously removing and reissuing 40 CFR
§261.3, including the "mixture" and "dcrived-from" rules, on an interim
basis under §553(b)(3)(B) of the Administrative Procedure Act (APA). The
effective date of this rule is February 18, 1992.
Citation:
May 15. 1992
(57rR 20766)
"Approval of LDR Hazardous Debris Case-by-Case Capacity
Variance"
SUMMARY: In response to the January 9,1992, proposed rule on LDR for
newly listed wastes and hazardous debris ( 57 FR 958), EPA received
numerous comments regarding the availability of treatment capacity for
hazardous debris. Most of the commenters indicated that it will be
extremely difficult if not impossible to meet the proposed standards for
hazardous debris, or the existing standards by May 8, 1992, when the
national capacity variance for most debris expires. Under 40 CFR §268.5,
EPA therefore approved a generic, one-year extension of the LDR effective
date applicable to all persons managing hazardous debris. This rule
became effective on May 8, 1992.
62
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Final Rules
(cont'd)
Citation:
May 20, 1992
(57 FR 21524)
"Used Oil Final Rule"
SUMMARY: EPA announced its decision not to list used oil destined for
disposal as hazardous waste based on the finding that all used oil do not
typically and frequently meet the technical criteria for listing a waste as
hazardous under RCRA. EPA is promulgating a modification to the current
exclusions from the definition of hazardous waste in 40 CFR §261.4(b)(15) to
provide an exemption for certain types of used oil filters. The Agency also
announced its deferral of a decision on whether or not to list residuals from
the reprocessing and re-refining of used oil at this time. The Agency is not
taking final action, at this time, on a listing determination or management
standards for used oil that is recycled. This rule is effective |une 19, 1992.
Citation:
June 22, 1992
(57 FR 27880)
Citation:
June 26, 1932
(57 FR 28626)
"Identification and Listing of Hazardous Waste; Exclusion for
Coke By-Product Residues that Are Recycled"
SUMMARY: This final rule excludes from the definition of solid waste
those coke by-product residues that are recycled in one of three different
ways. This rule is effective June 22, 1992.
"Solid Waste Disposal Facility Criteria; Corrections"
SUMMARY: This rule corrected errors in the preamble and final rule
language concerning solid waste disposal facility criteria for municipal
solid waste landfills that appeared in the Federal Register of October 9,
1991 (56 FR 50978).
Citation:
July 23, 1992
(57 FR 32726)
"California: Final Authorization of Hazardous Waste
Management Program"
SUMMARY; In this final rule, EPA granted final authorization to
California for the operation of its hazardous waste program. Final
authorization for California will be effective on August 1, 1992.
63
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Final Rules
(cont'd)
Citation:
August 18,1992
(57 EB 37194)
"Land Disposal Restrictions for Newly Listed Waste and
Hazardous Debris"
SUMMARY: EPA promulgated final treatment standards for certain
hazardous wastes listed after November 8,1984. EPA also finalized
treatment standards for debris contaminated with listed hazardous waste
and debris which exhibits certain hazardous waste characteristics. The
majority of the requirements in this final rule are effective June 30, 1992.
Citation:
August 18, 1992
(57 EB 37284)
"Identification and Listing of Hazardous Waste: Coke By-
Product Wastes"
SUMMARY: This final rule listed as hazardous seven wastes generated
during the production, recovery, and refining of coke by-products produced
from coal. This rule will become effective on February 18,1993.
Citation:
September 10,
1992
(57 EB 41566)
"Recycled Used Oil Management Standards"
SUMMARY: EPA promulgated a final listing decision
for used oils that are recycled and also promulgated standards for the
management of used oil. EPA determined that recycled used oil does not
have to be listed as a hazardous waste. The effective date for this rule is
March 8,1993.
Citation:
September 16,
1992
(57 EB 42832)
"Financial Responsibility for Third-Party Liability, Closure, and
Post-Closure"
SUMMARY: EPA expanded the use of the non-parent corporate guarantee
to owners and operators of hazardous waste facilities for demonstrating
financial responsibility for closure and post-closure care. This rule was
effective September 16, 1992.
64
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RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Final Rules
(cont'd)
Citation:
October 20,1992
(57 EB 47772)
Citation:
October 30,1992
(57 £B 49278)
Citation:
November 18,1992
(57 £B 54452)
Citation:
December 24,1992
(57 £B 61492)
"Land Disposal Restrictions; Soil Case-By-Case Capacity
Variance"
SUMMARY: EPA approved an interim final case-by-case extension of the
Land Disposal Restrictions effective date, extending it to May 8,1993, for
Third Third hazardous soils contaminated with radioactive mixed waste
or whose BOAT is either incineration, retorting, or vitrification. This
action becomes effective on October 13,1992. Comments must be submitted on
or before November 19,1992.
"Definition of Hazardous Waste; 'Mixture' and 'Derived-From'
Rules"
SUMMARY: EPA removed the April 28,1993, expiration date from its
reinstatement of the "mixture" and "derived-from" rules published on
March 3,1992 (57 FJR 7628). This rule is effective on October 30,1992.
"Hazardous Waste Management; Liquids in Landfills"
SUMMARY: This final rule prohibits the disposal in hazardous waste
landfills of liquids that have been sorbed in materials that biodegrade or
that release liquids when compressed. This rule is effective May 18, 1993.
"Wood Preserving; Identification and Listing of Hazardous
Waste"
SUMMARY: EPA modified the technical standards for drip pads used to
collect preservative drippage from treated wood and modified the listings
of three categories of hazardous waste from the wood preserving industry.
The majority of the requirements in this final rule are effective
December 24,1992.
65
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SUPERFUND (SF)
Proposed
Rules
Citation:
February?, 1992
(57 FR 4824)
Citation:
May 8,1992
(57 EB 20014)
Citation:
Augusts, 1992
(57 JFR 34742)
"National Priorities List for Uncontrolled Hazardous Waste
Sites, Proposed Rule No. 12"
SUMMARY: EPA proposed to add 30 new sites to the NPL, 6 of which are
Federal facility sites.
"RQ Adjustments for Lead Metal, Lead Compounds, Lead-
Containing Hazardous Waste, and Methyl Isocyanate"
SUMMARY: EPA proposed to adjust to 10 pounds the reportable quantities
(RQs) for lead metal, 13 lead compounds, 15 wastestreams listed under
RCRA that contain lead, and RCRA characteristic wastes that fail the
TCLP based on their lead constituents. In addition, EPA is proposing to
adjust the RQ for methyl isocyanate to 100 pounds. Comments will be
accepted until July 7,1992.
"Recovery of Costs for CERCLA Response Actions"
SUMMARY: This proposed rule is intended to clarify certain aspects of the
CERCLA cost recovery process and thereby avoid unnecessary costs and
delays involved in that process. Comments must be received on or before
October 5,1992.
Citation:
October 14, 1992
(57 £R 47204)
"National Priorities List for Uncontrolled Hazardous Waste
Sites; Proposed Rule Number 13"
SUMMARY: EPA proposed to add nine sites to the National Priorities List.
In addition, one final site was proposed for expansion. Comments on the
expansion of the Austin Avenue Radiation Site must be submitted by
November 13,1992. Comments on all other sites must be submitted by
December 14,1992.
67
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SUPERFUND (SF)
Final Rules
Citation:
Januarys, 1992
(57 £B 355)
"Deletion of Two Sites From the National Priorities List"
SUMMARY: EPA deleted two sites from the NPL: Beachwood/Berkeley
Wells in Ocean County, New Jersey, and Johns Sludge Pond in Wichita,
Kansas. The effective date was January 6,1992.
Citation:
January 16,1992
(57 FR 1872)
Citation:
April 29, 1992
(57 EB 18344)
Citation:
October 1,1992
(56 EB 45311)
Citation:
October 14,1992
(57 EB 47180)
"National Priorities List Update"
SUMMARY: EPA recategorized 13 Superfund sites on the National
Priorities List by placing them in the construction completion category. The
effective date was January 16, 1992.
"Lender Liability Under CERCLA"
SUMMARY: This final rule defines certain statutory elements in CERCLA
that pertain to the liability of lenders. Specifically, it clarifies the
security interest exemption in §101(20)(A). This rule is effective April 29,
1992.
"Technical Assistance Grant Program"
SUMMARY: This final rule is designed to streamline the CERCLA
Technical Assistance Grant (TAG) Program by simplifying application and
management procedures. The intent of this rule is to make grants for
technical assistance available to local community groups and promote
effective public participation in the Superfund cleanup process. The
effective date for this rule is October 1, 1992.
"National Priorities List for Uncontrolled Hazardous Waste
Sites"
SUMMARY: With this final rule, EPA added 33 sites to the National
Priorities List (NPL) and deleted 4 sites. The effective date for this list of
NPL sites is November 13, 1992.
Citation:
November 23,1992
(57 EB 55038)
"Citizen Suits Under §310 of CERCLA"
SUMMARY: This final rule prescribes the manner in which notice of
citizen suits is to be provided as required by §310 of CERCLA. This final
rule is effective January 22, 1993.
68
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SUPERFUND (SF)
Final Rules
(cont'd)
Citation:
December 23,1992
(57 EB 61004)
Citation:
December 23,1992
(57 EB 61005)
Citation:
December 30,1992
(57 FB 62231)
"National Priorities List; Deletion of Metal Working Shop Site"
SUMMARY: EPA announced that it is deleting the Metal Working Shop
Site in Lake Ann, Michigan, from the National Priorities List. EPA and
the State of Michigan have determined that no further cleanup by
responsible parties is appropriate. This deletion is effective December 23,
1993.
"National Priorities List; Deletion of ARRCOM Site"
SUMMARY: EPA announced that it is deleting the ARRCOM Site in
Rathdrum, Idaho, from the National Priorities List. EPA and the State of
Idaho have determined that no further cleanup by responsible parties is
appropriate. This deletion is effective December 23, 1992.
"National Priorities List; Deletion of Adrian Well Field Site"
SUMMARY: EPA announced that it is deleting the Adrian, Minnesota,
from the National Priorities List. EPA and the State of Minnesota have
determined that no further cleanup under CERCLA is appropriate. This
deletion is effective December 30,1992.
69
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UNDERGROUND STORAGE TANKS (UST)
Final Rules
Citation:
Januarys, 1992
(57EB186)
Citation:
June 11, 1992
(57 £B 24759)
Citation:
June 30, 1992
(57 £R 29034)
Citation:
Augusts, 1992
(57 £Fj 34519)
Citation:
September 14,
1992
(57 EB 41874)
"Vermont; Final Approval of State Underground Storage Tank
Program"
SUMMARY: EPA grants final approval to Vermont to operate its
underground storage tank (UST) program. The effective date was February
3, 1992.
"Maine: Final Approval of State Underground Storage Tank
Program"
SUMMARY: EPA granted the State of Maine final authorization for its
underground storage tank (UST) program. The effective date of this final
rule is
July 13,1992.
"Maryland: Final Approval of State Underground Storage Tank
Program"
SUMMARY: EPA granted the State of Maryland final authorization for its
underground storage tank (UST) program. The effective date of this final
rule is
July 30,1992.
"Louisiana: Final Approval of State Underground Storage Tank
Program"
SUMMARY: EPA granted final approval to the State of Louisiana to
operate its underground storage tank (UST) program. This final approval
will be effective on September 4, 1992.
"Oklahoma; Final Approval of State Underground Storage Tank
Program"
SUMMARY: EPA granted final approval to the State of Oklahoma to
operate its underground storage tank (UST) program. This final approval
will be effective October 14, 1992.
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EMERGENCY PLANNING AND COMMUNITY
RIGHT-TO-KNOW ACT (EPCRA)
Proposed
Rules
Citation:
May 4, 1992
(57 FJR 19127)
Citation:
June 24, 1992
(57 FR 28159)
Citation:
Septembers, 1992
(57 FR 41029)
Citation:
October 27,1992
(57 FR 48706)
"Public Meeting: Expansion of Toxic Release Inventory"
SUMMARY: EPA announced a public meeting to be held on May 29,1992, to
discuss expansion of reportable toxic chemicals and reportable facilities.
An issues paper will be made available after May 15, 1992.
"Ozone Depleting Chemicals; Toxic Chemical Release
Reporting"
SUMMARY: EPA granted a petition by proposing to add hydrochloro-
fluorocarbons (HCFCs) to the list of toxic chemicals subject to reporting
under §313 of EPCRA. Written comments on this proposed rule must be
received by August 24,1992.
"Partial Granting of Petition to Amend Toxic Chemical List"
SUMMARY: EPA is partially granting a petition to add 80 chemicals and 2
chemical categories to the list of toxic chemicals subject to reporting under
§313 of EPCRA by proposing to add 68 chemicals and 2 chemical categories.
Alternatively, EPA is proposing to add only those chemicals identified in
this rule that are produced in quantities greater than a certain
manufacturing threshold. Written comments should be submitted by
November 9,1992.
"Thresholds for the Toxic Chemical Release Inventory"
SUMMARY: The Small Business Administration (SBA) submitted a
petition requesting that EPA change the threshold structure under EPCRA
§313 to exempt facilities with small source releases that meet specified
release-based thresholds from the requirement to report releases. Written
comments must be received by December 28,1992.
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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 and the Federal Register summaries in Part 2. The first index references the
questions and FR summaries by subject. The questions and FR summaries that address that
topic are listed below each subject. For example, to find questions dealing with light bulbs,
you would look in the subject index for the word "light bulbs" and find two questions
referenced under that subject: "Fluorescent Light Bulbs as Debris" and "Light Bulb Stem
Disposal." 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=Supcrfund, U=UST, and
E=EPCRA).
The second index organizes the questions and FR summaries 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 281 -
Approval of State Underground Storage Tank Programs" is a question entitled "States
Authorized for the Underground Storage Tank (UST) Program" and a Federal Register
notice from January 3, 1992, regarding final approval of the UST program for the state of
Vermont.
Similarly, the third index organizes the questions by statutory citation. For example, the
question entitled "Article Disposal After Use" 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.
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SUBJECT MATTER INDEX
Active ingredient
"Commercial Chemical Product Definition in
§261.33" p. 19 (R)
Activity Index
"Activity Indices and Production Ratios" p. 46 (E)
Alcohol
"Alcohol-Content Exclusion in the Ignitability
Characteristic" p. 16 (R)
Aqueous
"Alcohol-Content Exclusion in the Ignitability
Characteristic" p. 16 (R)
"'Aqueous' as Applied to the Corrosivity Charac-
teristic" p. 17(R)
Article
"Article Disposal After Use" p. 46 (E)
"Catalyst as an Article" p. 47 (E)
"Light Bulb Stem Disposal" p. 49 (E)
ARARS
"ARARs and OSHA" p. 27 (S)
Background concentration
"Groundwater Monitoring at Newly Regulated
Facilities" p. 10 (R)
Beryllium dust
"Beryllium Dust (P015); Applicability" p. 18 (R)
Bevill
"Regulatory Status of Waste from Oil Gathering
Pipelines" p. 23 (R)
Capacity assurance plan
"Core Program Cooperative Agreements" p. 33 (S)
Catalyst
"Catalyst as an Article" p. 47 (E)
CFC
"Filters Used to Reclaim CFC Refrigerant" p. 20 (R)
"Hydrochlorofluorocarbons Used in Degreasing"
p.20(R)
Characteristic waste
"Alcohol-Content Exclusion in the Ignitability
Characteristic" p. 16 (R)
"Aqueous1 as Applied to the Corrosivity Character-
istic" p. 17 (R)
"Filters Used to Reclaim CFC Refrigerant" p. 20 (R)
"Fluorescent Light Bulbs as Debris" p. 6 (R)
57 FR 61542; December 24,1992 p. 61 (R)
Chlorine
"Chlorine Added to Pool Water: Form R Report-
ing" p. 47 (E)
Citizen suits
57 FR 55038; November 23,1992 p. 68 (S)
Clean Air Act Amendments
"Reportable Quantity for Metallic Compounds
Under the CAA Amendments" p. 37 (S)
Closure
"Community Environmental Response Facilitation
Act" p. 36 (S)
"Municipal Solid Waste Landfill Criteria" p. 10 (R)
'Temporary Closure of an UST" p. 41 (U)
57 FR 42832; September 16,1992 p. 64 (R)
Commercial chemical product
"Beryllium Dust (P015); Applicability" p. 18 (R)
"Commercial Chemical Product Definition in
§261.33" p. 19 (R)
"Lead Used as Shielding in Low-Level Radioactive
Waste Disposal" p. 21 (R)
"Reclaimed Commercial Products: Regulatory
Status" p. 22 (R)
"Secondary Materials Used as Effective Substitutes
for Commercial Products" p. 23 (R)
Compound
"Reportable Quantity for Metallic Compounds
Under the CAA Amendments" p. 37 (S)
"Reporting on Polymeric Lead Compounds"
p.54(E)
Concentration
"Rebuttable Presumption for Used Oil" p. 15 (R)
"Threshold Determination Based on the Range of
Concentration Given on the MSDS" p. 56 (E)
Construction completion
"National Priorities List Construction Completion
Category and Site Deletion" p. 28 (S)
57 FR 1872; January 16,1992 p. 68 (S)
Consumer product exemption
"Consumer Product Exemption Applied to §§311
and 312" p. 45 (E)
Contained-ln
"Reclaimed Commercial Products: Regulatory
Status" p. 22 (R)
Containment building
'Treatment in a Generator's 90-Day Containment
Building" p. 5 (R)
Cooperative agreement
"Core Program Cooperative Agreements" p. 33 (S)
LEGEND:
(E) = EPCRA (S) = SUPERFUND
(R) = RCRA (U) = UST
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Corrosive
"'Aqueous' as Applied to the Corrosivity Charac-
teristic" p. 17 (R)
Cost recovery
"Interest Rates on Superfund Cost Recovery
Actions" p. 33 (S)
57 FR 34742; August 6,1992 p. 67 (S)
Database
"Resource Conservation and Recovery Inforamtion
System(RCRIS)"p.3(R)
Debris
"Fluorescent Light Bulbs as Debris" p. 6 (R)
De-linking policy
"National Priorities List Construction Completion
Category and Site Deletion" p. 28 (S)
De Mlnlmls
"Threshold Determination Based on the Range of
Concentration Given on the MSDS" p. 56 (E)
Diesel
"Heating Oil UST Exclusion" p. 39 (U)
Documents
"Accessing Superfund Publications" p. 34 (S)
Emergency planning
'Pesticide Toward TPQ Under SARA Section 302"
p. 44 (E)
Emissions
"Estimating Releases for §313" p. 48 (E)
Enforcement
"Interest Rates on Superfund Cost Recovery
Actions" p. 33 (S)
F001.F002
"Hydrochlorofluorocarbons Used in Degreasing"
p. 20 (R)
"Perchloroethylene Used in Dry Cleaning"
p.22(R)
Facility maintenance exemption
"Chlorine Added to Pool Water: Form R Reporting"
p.47(E)
Federal facility
"Community Environmental Response Facilitation
Act" p. 36 (S)
Form R
"Estimating Releases for §313" p. 48 (E)
"Maximum Amount On-Site" p. 50 (E)
"TRI Facility Location" p. 57 (E)
Fuel
"Heating Oil UST Exclusion" p. 39 (U)
"Threshold Determination Under §313" p. 57 (E)
Funding
"Funding for the RCRA Program and RCRA
Reauthorization" p. 3 (R)
Grant
"Core Program Cooperative Agreements" p. 33 (S)
Generator accumulation
"Accumulation Time for Hazardous Waste Import-
ers" p. 4 (R)
"One-Time Notification Requirement Under
§268.7(a)(6)"p.7(R)
'Treatment in a Generator's 90-Day Containment
Building" p. 5 (R)
Groundwater monitoring
"Groundwater Monitoring at Newly Regulated
Facilities" p. 10 (R)
"Groundwater Monitoring Resampling Requir
ments" p. 12 (R)
quire-
Hazard Ranking System
"Removal Activities Considered in HRS Scoring"
p.31(S)
Hazardous chemical reporting
"Consumer Product Exemption Applied to §§311
and 312" p. 45 (E)
Hazardous substance
"Reportable Quantity for Metallic Compounds
Under the CAA Amendments" p. 37 (S)
Hazardous waste definition
"Alcohol-Content Exclusion in the Ignitability
Charactertistic" p. 16 (R)
"'Aqueous' as Applied to the Corrosivity
Charactertistic" p. 17 (R)
"Beryllium Dust (P015); Applicability" p. 18 (R)
"Commercial Chemical Product Definition in
§261.33" p. 19 (R)
"Hydrochlorofluorocarbons Used in Degreasing"
p. 20 (R)
"Perchloroethylene Used in Dry Cleaning"
p.22(R)
"Reclaimed Commercial Product: Regulatory
Status" p. 22 (R)
"Wastewater Treatment Units: Regulatory Status of
Waste" p. 26 (R)
57 FR 7628; March 3,1992 p. 62 (R)
57 FR 21450; May 20,1992 p. 61 (R)
Health and safety
"ARARs and OSHA" p. 27 (S)
LEGEND:
(E) = EPCRA (S) = SUPERFUND
(R) = RCRA (U) = UST
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Ignitable
"Alcohol-Content Exclusion in the Ignitability
Characteristic" p. 16 (R)
Import
"Accumulation Time for Hazardous Waste Import-
ers" p. 4 (R)
Information management
"Accessing Superfund Publications" p. 34 (S)
"Resource Conservation Recovery Information
System (RCRIS)" p. 3 (R)
Interest rates
"Interest Rates on Superfund Costs Recovery
Actions" p. 33 (S)
Interim status
"Groundwater Monitoring at Newly Regulated
Facilities" p. 10 (R)
"Liners and Leak Detection Systems for Hazardous
Waste Landfills, Surface Impoundments, and
Waste Piles" p. 13 (R)
'Treatment in a Generator's 90-Day Containment
Building" p. 5 (R)
Inventory control
"Calculating the Inventory Control Standard"
p. 40 (U)
Laboratory exemption
"Laboratory Activities Exemption Under EPCRA
§313" p. 48 (E)
"Laboratory Use of a Manufactured Chemical"
p. 49 (E)
Land disposal
"Lead Used as Shielding in Low-Level Radioactive
Waste Disposal" p. 21 (R)
57 FR 54452; November 18,1992 p. 65 (R)
Land disposal unit
"Groundwater Monitoring at Newly Regulated
Facilities" p. 10 (R)
"Liners and Leak Detection Systems for Hazardous
Waste Landfills, Surface Impoundments, and
Waste Piles" p. 13 (R)
"Municipal Solid Waste Landfill Criteria" p. 10 (R)
"Wastepile Releases Under EPCRA §313" p. 58 (E)
57 FR 3462; January 29,1992 p. 62 (R)
57 FR 4170; February 4,1992 p. 61 (R)
LDR notification
"One-Time Notification Requirement Under
§268.7(a)(6)" p. 7 (R)
'Treatment in a Generator's 90-Day Containment
Building" p. 5 (R)
LDR treatment standard
"Fluorescent Light Bulbs as Debris" p. 6 (R)
57 FR 20766; May 15,1992 p. 62 (R)
57 FR 35940; August 11,1992 p. 61 (R)
57 FR 37194; August 18,1992 p. 64 (R)
57 FR 47772; October 20,1992 p. 65 (R)
Liability
"Interest Rates on Superfund Costs Recovery
Actions" p. 33 (S)
57 FR 18344; April 29,1992 p. 68 (S)
Light bulbs
"Flourescent Light Bulbs as Debris" p. 6 (R)
"Light Bulb Stem Disposal" p. 49 (E)
Liquid
"'Aqueous' as Applied to the Corrostivity Charac-
teristic" p. 17 (R)
Local Emergency Planning Committee (LEPC)
"Establishment of a Local Emergency Planning
Committee" p. 43 (E)
Manufacturing threshold
"Laboratory Use of a Manufactured Chemical"
p. 49 (E)
Maximum amount on-site
"Maximum Amount On-Site" p. 50 (E)
Medical waste
"Medical Waste Tracking Act Demonstration
Program" p. 8 (R)
Minimum technological requirements
"Liners and Leak Detection Systems for Hazardous
Waste Landfills, Surface Impoundments, and
Waste Piles" p. 13 (R)
Mixed waste
"Lead Used as Shielding in Low-Level Radioactive
Waste Disposal" p. 21 (R)
Mixture
"Rebuttable Presumption for Used Oil" p. 15 (R)
'TDI Thresholds and Releases" p. 55 (E)
Municipal waste
"Municipal Solid Waste Characterization" p. 8 (R)
"Municipal Solid Waste Landfill Criteria" p. 10 (R)
"Off-Site Policy and Subtitle D Regulations"
p.30(S)
National Priorities List (NPL)
"National Priorities List Construction Completion
Category and Site Deletion p. 28 (S)
57 FR 355; January 6,1992 p. 68 (S)
57 FR 1872; January 16,1992 p. 68 (S)
57 FR 4824; February 7,1992 p. 67 (S)
57 FR 47180; October 14,1992 p. 68 (S)
57 FR 47204; October 14,1992 p. 67 (S)
57 FR 61004; December 23,1992 p. 69 (S)
57 FR 61005; December 23,1992 p. 69 (S)
57 FR 62231; December 30,1992 p. 69 (S)
LEGEND:
(E) = EPCRA (S) = SUPERFUND
(R) = RCRA (U) = UST
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Neutralization
"Neutralization of Phosphoric Acid in the Process
Stream" p. 50 (E)
Off-site policy
"Off-Site Policy and Subtitle D Regulations"
p.30(S)
Oil
"Regulatory Status of Waste from Oil Gathering
Pipelines" p. 23 (R)
OSHA
"ARARs and OSHA" p. 27 (S)
Otherwise use threshold
"Otherwise Use Activity" p. 51 (E)
"Recycle/Reuse Activity Under §313" p. 52 (E)
Packaging
"Packaging of a Toxic Chemical" p. 51 (E)
Permit
"Groundwater Monitoring Resampling Require-
ments" p. 12 (R)
"Liners and Leak Detection Systems for Hazardous
Waste Landfills, Surface Impoundments, and
Waste Piles" p. 13 (R)
'Treatment in a Generator's 90-Day Containment
Building" p. 5 (R)
Pesticides
"Pesticides Toward TPQ Under SARA Section 302"
p.44(E)
pH
"'Aqueous' as Applied to the Corrosivity Charac-
teristic" p. 17 (R)
"Neutralization of Phosphoric Acid in the Process
Stream" p. 50 (E)
Pollution prevention
"Activity Indices and Production Ratios" p. 46 (E)
"Remedial Action for Pollution Prevention"
p. 53 (E)
Polymer
"Reporting on Polymeric Lead Compounds"
p. 54 (E)
Potentially responsible party
"Interest Rates on Superfund Cost Recovery
Actions" p. 33 (S)
Processing threshold
"Otherwise Use Activity" p. 51 (E)
"Packaging of a Toxic Chemical" p. 51 (E)
"Reclamation as Processing Under EPCRA Section
313" p. 52 (E)
"Threshold Determination Under Section 313"
p.57(E)
LEGEND:
(E) = EPCRA (S) = SUPERFUND
(R) = RCRA (U) = UST
Property transfer
"Community Environmental Response Facilitation
Act" p. 36 (S)
RCRIS
"Resource Conservation and Recovery Information
System (RCRIS)" p. 3 (R)
Reauthorization
"Funding for the RCRA Program and RCRA
Reauthorization" p. 3 (R)
Recordkeeping
"Resource Conservation and Recovery Information
System (RCRIS)" p. 3 (R)
Recycling
"Filters Used to Reclaim CFC Refrigerant" p. 20 (R)
"Municipal Solid Waste Characterization" p. 8 (R)
"Reclaimed Commercial Product: Regulatory
Status" p. 22 (R)
"Reclamation as Processing Under EPCRA Section
313 p. 52 (E)
"Secondary Materials Used and Effective Substi-
tutes for Commercial Products" p. 23 (R)
"Speculative Accumulation Calculation" p. 24 (R)
57 FR 27880; June 22,1992 p. 63 (R)
Release
"Release Reporting of Process-Generated Dusts"
p. 53 (E)
"Reportable Quantity for Metallic Compounds
Under the CAA Amendments" p. 37 (S)
"TDI Thresholds and Releases" p. 55 (E)
"Wastepile Releases Under EPCRA §313" p. 58 (E)
Release detection
"Calculating the Inventory Control Standard"
p. 40 (U)
Remediation
"Off-Site Policy and Subtitle D Regulations"
p. 30 (S)
"Remedial Action for Pollution Prevention"
p. 53 (E)
Removal
"Removal Activitives Considered in HRS Scoring"
p. 31 (S)
Resampling
"Groundwater Monitoring Resampling Require-
ments" p. 12 (R)
Reportable quantity (RQ)
"Reportable Quantity for Metallic Compounds
Under the CAA Amendments" p. 37 (S)
57 FR 20014; May 8,1992 p. 67 (S)
Routine maintenance exemption
"Routine Maintenance Exemption Under EPCRA
§313" p. 54 (E)
"Structural Component Exemption Under EPCRA
§313" p. 54 (E)
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Site Inspection
"Removal Activitives Considered in HRS Scoring"
p. 31 (S)
Solid waste definition
"Lead Used as Shielding in Low-Level Radioactive
Waste Disposal" p. 21 (R)
"Reclaimed Commercial Products: Regulatory
Status" p. 22 (R)
"Secondary Materials Used as Effective Substitutes
for Commercial Products" p. 23 (R)
"Speculative Accumulation Calculation" p. 24 (R)
Solvent
"Hydrochlorofluorocarbons Used in Degreasing"
p. 20 (R)
"Otherwise Use Activity" p. 51 (E)
"Perchloroethylene Used in Dry Cleaning" p. 22 (R)
"Rebuttable Presumption for Used Oil" p. 15 (R)
"Reclamation as Processing Under EPCRA Section
313" p. 52 (E)
"Structural Component Exemption Under EPCRA
§313" p. 54 (E)
Speculative accumulation
"Speculative Accumulation Calculation" p. 24 (R)
State programs
"Core Program Cooperative Agreements" p. 33 (S)
"States Authorized for the Underground Storage
Tank Program" p. 42 (U)
57 FR186; January 3,1992 p. 71 (U)
57 FR 24759; June 11,1992 p. 71 (U)
57 FR 29034; June 30,1992 p. 71 (U)
57 FR 32726; July 23,1992 p. 63 (R)
57 FR 34519; August 5,1992 p. 71 (U)
57 FR 41874; September 14,1992 p. 71 (U)
Subtitle D
"Municipal Solid Waste Characterization" p. 8 (R)
"Municipal Solid Waste Landfill Criteria" p. 10 (R)
"Off-Site Policy and Subtitle D Regulations"
p. 30 (S)
Supplier nofitication
"Supplier Notification Under EPCRA §313"
p. 55 (E)
Technical Assistance Grants (TAGs)
57 FR 45311; October 1,1992 p. 68 (S)
TDI
'TDI Thresholds and Releases" p. 55 (E)
Toxic
"Filters Used to Reclaim CFC Refrigerant" p. 20 (R)
"Fluorescent Light Bulbs as Debris" p. 6 (R)
Toxic Release Inventory (TRI)
57 FR 19127; May 4,1992 p. 73 (E)
57 FR 28159; June 24,1992 p. 73 (E)
57 FR 41029; September 8,1992 p. 73 (E)
57 FR 48706; October 27,1992 p. 73 (E)
Transfer off-site
"Wastepile Releases Under EPCRA §313" p. 58 (E)
Transportation
"Regulatory Status of Waste from Oil Gathering
Pipelines" p. 23 (R)
"Accumulation Time for Hazardous Waste Import-
ers" p. 4 (R)
Treatment
'Neutralization of Phosphoric Acid in the Process
Stream" p. 50 (E)
'Treatment in a Generator's 90-Day Containment
Building" p. 5 (R)
Underground storage tanks (USTs)
"Calculating the Inventory Control Standard"
p.40(U)
"Heating Oil UST Exclusion" p. 39 (U)
"States Authorized for the Underground Storage
Tank (UST) Program" p. 42 (U)
'Temporary Closure of an UST" p. 41 (U)
57 FR 186; January 3,1992 p. 71 (U)
57 FR 24759; June 11,1992 p. 71 (U)
57 FR 29034; June 30,1992 p. 71 (U)
57 FR 34519; August 5,1992 p. 71 (U)
57 FR 41874; September 14,1992 p. 71 (U)
Used oil
"Rebuttable Presumption for Used Oil" p. 15 (R)
57 FR 21524; May 20,1992 p. 63 (R)
57 FR 41566; September 10,1992 p. 64 (R)
Wastewater treatment unit
"One-Time Notification Requirement Under
§268.7(a)(6)" p. 7 (R)
"Wastewater Treatment Units: Regulatory Status of
Waste" p. 26 (R)
Wood preserving
57 ¥R 61492; December 24,1992 p. 61 (R)
Worker Protection
"ARARsandOSHA" p. 27 (S)
LEGEND:
(E) = EPCRA (S) = SUPERFUND
(R) = RCRA (U) = UST
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REGULATORY CITATION INDEX
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
40 CFR Part 258 - Criteria for Municipal Solid Waste Landfills
"Municipal Solid Waste Landfill Criteria" p. 10
"Off-Site Policy and Subtitle D Regulations" p. 30
57 FR 28626; June 26,1992 p. 63
40 CFR Part 259 - Standards for the Tracking and Management of Medical Waste
"Medical Waste Tracking Act Demonstration Program" p. 8
40 CFR Part 261 - Identification and Listing of Hazardous Waste
"Alcohol-Content Exclusion for the Ignitability Characteristic" p. 16
'"Aqueous1 as Applied to the Corrosivity Charactersitic" p. 17
"Beryllium Dust (P015); Applicability" p. 18
"Commercial Chemical Product Definition in §261.33" p. 19
"Filters Used to Reclaim CFC Refrigerant" p. 20
"Hydrochlorofluorocarbons Used in Degreasing" p. 20
"Lead Used as Shielding in Low-Level Radioactive Waste Disposal" p. 21
"Perchloroethylene Used in Dry Cleaning" p. 22
"Reclaimed Commercial Products: Regulatory Status" p. 22
"Regulatory Status of Waste from Oil Gathering Pipelines" p. 23
"Secondary Materials Used as Effective Substitutes for Commercial Products" p. 23
"Speculative Accumulation Calculation" p. 24
"Wastewater Treatment Units: Regulatory Status of Waste" p. 26
57 FR 7628; March 3,1992 p. 62
57 FR 21524; May 30,1992 p. 61
57 FR 27880; June 22,1992 p. 63
57 FR 37284; August 18,1992 p. 63
57 FR 41566; September 10,1992 p. 64
57 FR 61492; December 24,1992 p. 65
57 FR 61542; December 24,1992 p. 61
40 CFR Part 262 - Standards Applicable to Generators of Hazardous Waste
"Accumulation Time for Hazardous Waste Importers" p. 4
'Treatment in Generator's 90-Day Containment Building" p. 5
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40 CFR Parts 264/5 - Standards for Owners and Operators of Hazardous Waste
Treatment, Storage and Disposal Facilities (TSDFs)
"Groundwater Monitoring at'Newly Regulated Facilities" p. 10
"Groundwater Monitoring Resampling Requirements" p. 12
"Liners and Leak Detection Systems for Hazardous Waste Landfills, Surface Impoundments, and
Waste Piles" p. 13
'Treatment in Generator's 90-Day Containment Building" p. 5
"Wastewater Treatment Units: Regulatory Staus of Waste" p. 26
57 FR 3462; January 29,1992 p. 62
57 FR 42832; September 16,1992 p. 64
57 FR 54452; November 18,1992 p. 65
57 FR 61492; December 24,1992 p. 65
40 CFR Part 266 - Standards for the Management of Specific Hazardous Wastes and
Specific Types of Hazardous Waste Management Facilities
57 FR 41566; September 10,1992 p. 64
40 CFR Part 268 - Land Disposal Restrictions (LDR)
"Fluorescent Light Bulbs as Debris" p. 6
"One-Time Notification Requirement Under §268.7(a)(6)" p. 7
'Treatment in a Generator's 90-Day Containment Building" p. 5
57 FR 4170; February 4,1992 p. 61
57 FR 20766; May 15,1992 p. 62
57 FR 35940; August 11,1992 p. 61
57 FR 37194; August 18,1992 p. 64
57 FR 47772; October 20,1992 p. 65
57 FR 61492; December 24,1992 p. 65
40 CFR Part 270 - EPA Administered Permit Programs: The Hazardous Waste Permit
Program
"Groundwater Monitoring at Newly Regulated Facilities" p. 10
'Treatment in Generator's 90-Day Containment Building" p. 5
"Wastewater Treatment Units: Regulatory Status of Waste" p. 26
40 CFR Parts 271/2 - State Hazardous Waste Programs
57 FR 32726; July 23,1992 p. 63
40 CFR Part 279 - Standards for the Management of Used Oil
"Rebuttable Presumption for Used Oil" p. 15
57 FR 41566; September 10,1992 p. 64
84
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-f'f'f'f'f-f;*!
UNDERGROUND STORAGE TANKS (UST)
40 CFR Part 280 - Underground Storage Tanks
"Calculating the Inventory Control Standard" p. 40
"Heating Oil UST Exclusion" p. 39
'Temporary Closure of an UST" p. 41
40 CFR Part 281 - Approval of State Underground Storage Tank Programs
"States Authorized for the Underground Storage Tank (UST) Program" p. 42
57 FR 186; January 3,1992 p. 71
57 FR 24759; June 11,1992 p. 71
57 FR 29034; June 30,1992 p. 71
57 FR 34519; August 5,1992 p. 71
57 FR 41874; September 14,1992 p. 71
SUPERFUND (SF)
40 CFR Part 35 - State and Local Assistance
57 FR 45311; October 1,1992 p. 68
40 CFR Part 300 - National Oil and Hazardous Substance Pollution Contingency Plan
"ARARs and OSHA" p. 27
"Core Program Cooperative Agreements" p. 33
'National Priorities List Construction Completion Category and Site Deletion" p. 28
"Removal Activities Considered in HRS Scoring" p. 31
57 FR 355; January 6,1992 p. 68
57 FR 1872; January 16,1992 p. 68
57 FR 4824; February 7,1992 p. 67
57 FR 18344; April 29,1992 p. 68
57 FR 34742; August 6,1992 p. 67
57 FR 47180; October 14,1992 p. 68
57 FR 47204; October 14,1992 p. 67
57 FR 61004; December 23,1992 p. 69
57 FR 61005; December 23,1992 p. 69
57 FR 62231; December 30,1992 p. 69
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40 CFR Part 302 - Designation, Reportable Quantities, and Notification
"Reportable Quantities for Metallic Compounds Under the CAA Amendments" p. 37
57 FR 20014; May 8,1992 p. 67
40 CFR Part 308 - CERCLA Cost Recovery
57 FR 34742; August 6,1992 p. 67
40 CFR Part 373 - Reporting Hazardous Substance Activity When Selling or Transferring
Federal Real Property
"Community Environmental Response Facilitation Act" p. 36
40 CFR Part 374 - Prior Notice of Citizen Suits
57 FR 55038; November 23,1992 p. 68
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
40 CFR Part 355 - Emergency Planning and Notification
"Establishment of a Local Emergency Planning Committee" p. 43
"Pesticides Toward TPQ Under SARA Section 302" p. 44
40 CFR Part 370 - Hazardous Chemical Reporting: Community Right-to-Know
"Consumer Product Exemption Applied to §§311 and 312" p. 45
40 CFR Part 372 - Toxic Chemical Release Reporting: Community Right-to-Know
Section 372.3
"Reclamation as Processing Under EPCRA Section 313" p. 52
Section 372.25
"Otherwise Use Activity" p. 51
"Packaging of a Toxic Chemical" p. 51
"Recycle/Reuse Activity Under §313" p. 52
"Reporting on Polymeric Lead Compounds" p. 54
'TDI Thresholds and Releases" p. 55
'Threshold Determination Based on the Range of Concentration Given on the MSDS" p. 56
'Threshold Determination Under Section 313" p. 57
Section 372.38
"Article Disposal After Use" p. 46
"Catalyst as an Article" p. 47
"Chlorine Added to Pool Water: Form R Reporting" p. 47
"Laboratory Activities Exemption Under EPCRA §313" p. 48
"Laboratory Use of a Manufactured Chemical" p. 49
"Light Bulb Stem Disposal" p. 49
"Routine Maintenance Exemption Under EPCRA §313" p. 54
"Structural Component Exemption Under EPCRA §313" p. 54
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Section 372.45
"Supplier Notification Under EPCRA §313" p. 55
Section 372.65
57 PR 28159; June 24,1992 p. 73
57 FR 41029; September 8,1992 p. 73
Section 372.85
"Activity Indices and Production Ratio" p. 46
"Estimating Releases for §313" p. 48
"Maximum Amont On-Site" p. 50
'Neutralization of Phosphoric Acid in the Process Stream" p. 50
"Release Reporting of Process-Generated Dusts" p. 53
"Remedial Action for Pollution Prevention" p. 53
"TRI Facility Location" p. 57
"Wastepile Releases Under EPCRA §313" p. 58
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STATUTORY CITATION INDEX
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Subtitle B - Office of Solid Waste; Authorities of the Administrator and
Interagency Coordinating Committee
Section 2007 - General authorization
"Funding for the RCRA Program and RCRA Reauthorization" p. 3
Subtitle C - Hazardous Waste Management
Section 3001 - Identification and listing of hazardous waste
"Alcohol-Content Exclusion for the Ignitability Characteristic" p. 16
"'Aqueous' as Applied to the Corrosivity Characteristic" p. 17
"Beryllium Dust (P015); Applicability" p. 18
"Commercial Chemical Product Definition in §261.33" p. 19
"Filters Used to Reclaim CFC Refrigerant" p. 20
"Hydrochlorofluorocarbons Used in Degreasing" p. 20
"Lead Used as Shielding in Low-Level Radioactive Waste Disposal" p. 21
"Perchlorethylene Used in Dry Cleaning" p. 22
"Reclaimed Commercial Products: Regulatory Status" p. 22
"Regulatory Status of Waste from Oil Gathering Pipelines" p. 23
"Secondary Materials Used as Effective Substitutes for Commercial Products" p. 23
"Speculative Accumulation Calculation" p. 24
"Wastewater Treatment Units: Regulatory Status of Waste" p. 26
57 FR 7628; March 3,1992 p. 62
57 FR 21450; May 20,1992 p. 61
57 FR 21524; May 20,1992 p. 63
57 FR 27880; June 22,1992 p. 63
57 FR 37284; August 18,1992 p. 64
57 FR 61492; December 24,1992 p. 65
57 FR 61542; December 24,1992 p. 61
Section 3002 - Standards applicable to generators of hazardous waste
"Accumulation Time for Hazardous Waste Importers" p. 4
"Treatment in a Generator's 90-Day Containment Building" p. 5
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Section 3004 - Standards applicable to owners and operators of hazardous waste
treatment, storage, and disposal facilities
"Fluorescent Light Bulbs as Debris" p. 6
"Groundwater Monitoring at Newly Regulated Facilities" p. 10
"Groundwater Monitoring Resampling Requirements" p. 12
"Liners and Leak Detection Systems for Hazardous Waste Landfills, Surface Impoundments, and
Waste Piles" p. 13
"One-Time Notification Requirement Under §268.7(a)(6)" p. 7
"Treatment in a Generator's 90-Day Containment Building" p. 5
57 FR 3462; January 29,1992 p. 62
57 FR 4170; February 4,1992 p. 61
57 FR 20766; May 15,1992 p. 62
57 FR 35940; August 11,1992 p. 61
57 FR 37194; August 18,1992 p. 64
57 fR 42832; September 16,1992 p. 64
57 FR 47772; October 20,1992 p. 65
57 FR 54452; November 18,1992 p. 65
57 FR 61492; December 24,1992 p. 65
Section 3005 - Permits for treatment, storage, and disposal of hazardous waste
57 FR 3462; January 29,1992 p. 62
57 FR 4170; February 4,1992 p. 61
Section 3006 - Authorized state hazardous waste programs
57 FR 32726; July 23,1992 p. 63
Section 3014 - Restrictions on Recycled Oil
"Rebuttable Presumption for Used Oil" p. 15
57 FR. 41566; September 10,1992 p. 64
Subtitle D - State or Regional Solid Waste Plans
"Municipal Solid Waste Characterization" p. 8
"Municipal Soild Waste Landfill Criteria" p. 10
57 FR 28626; June 26,1992 p. 63
Subtitle J - Demonstration Medical Waste Tracking Program
"Medical Waste Tracking Act Demonstration Program" p. 8
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UNDERGROUND STORAGE TANKS (UST)
SUBTITLE I, RCRA
Section 9001 - Definitions and exemptions
"Heating Oil UST Exclusion" p. 39
Section 9003 - Release detection, prevention, and correction regulations
"Calculating the Inventory Control Standard" p. 40
"Temporary Closure of an UST" p. 41
Section 9004 - Approval of state programs
"States Authorized for the Underground Storage Tank (UST) Program" p. 42
57 FR186; January 3,1992 p. 71
57 FR 24759; June 11,1992 p. 71
57 FR 29034; June 30,1992 p. 71
57 FR 34519; August 5,1992 p. 71
57 FR 41874; September 14,1992 p. 71
SUPERFUND (SF)
Section 101 - Definitions
"Reportable Quantities for Metallic Compounds Under the CAA Amendments" p. 37
Section 102 - Reportable quantities and additional designations
57 FR 20014; May 8,1992 p. 67
Section 103 - Notices, penalties
"Reportable Quantities for Metallic Compounds Under the CAA Amendments" p. 37
Section 104 - Response authorities
"Core Program Cooperative Agreements" p. 33
"Interest Rates on Superfund Cost Recovery Actions" p. 33
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Section 105 - National contingency plan
"Removal Activities Considered in HRS Scoring" p. 31
57 FR 355; January 6,1992 p. 68
57 FR 1872; January 16,1992 p. 68
57 FR 4824; February 7,1992 p. 67
57 FR 34742; August 6,1992 p. 67
57 FR 47180; October 14,1992 p. 68
57 FR 47204; October 14,1992 p. 67
57 FR 61004; December 23,1992 p. 69
57 FR 61005; December 23,1992 p. 69
57 FR 62231; December 30,1992 p. 69
Section 107 - Liability
"Interest Rates on Superfund Cost Recovery Actions" p. 33
57 FR 18344; April 29,1992 p. 68
Section 117 - Public participation
57 FR 45311; October 1,1992 p. 68
Section 120 - Federal Facilities
"Community Environmental Response Facilitation Act" p. 36
Section 121 - Cleanup Standards
"ARARs and OSHA" p. 27
"National Priorities List Construction Completion Category and Site Deletion" p. 28
"Off-Site Policy and Subtitle D Regulations" p. 30
Section 310 - Citizen suits
57 FR 55038; November 23,1992 p. 68
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-
KNOW ACT (EPCRA)
Sections 302/303 - Substance and facilities covered and notification/
comprehensive emergency response plans
"Establishment of a Local Emergency Planning Committee" p. 43
"Pesticides Toward TPQ Under SARA Section 302" p. 44
Sections 311/312 - Material safety data sheets/emergency and hazardous
chemical inventory forms
"Consumer Product Exemption Applied to §§311 and 312" p. 45
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Section 313 - Toxic chemical release forms (Form R)
"Activity Indices and Production Ratios" p. 46
"Article Disposal After Use" p. 46
"Catalyst as an Article" p. 47
"Chlorine Added to Pool Water: Form R Reporting" p. 47
"Estimating Releases for §313" p. 48
"Laboratory Activity Exemption Under EPCRA §313" p. 48
"Laboratory Use of a Manufactured Chemical" p. 49
"Light Bulb Stem Disposal" p. 49
"Maximum Amount On-Site" p. 50
"Neutralization of Phosphoric Acid in the Process Stream" p. 50
"Otherwise Use Activity" p. 51
"Packaging of a Toxic Chemical" p. 51
"Reclamation as Processing Under EPCRA Section 313" p. 52
"Recycle/Reuse Activity Under §313" p. 52
"Release Reporting of Process-Generated Dusts" p. 53
"Remedial Action for Pollution Prevention" p. 53
"Reporting on Polymeric Lead Compounds" p. 54
"Routine Maintenance Exemption Under EPCRA §313" p. 54
"Structural Component Exemption Under EPCRA §313" p. 54
"Supplier Notification Under EPCRA §313" p. 55
"TDI Thresholds and Releases" p. 55
"Threshold Determination Based on the Range of Concentration Given on the MSDS" p. 56
"Threshold Determination Under Section 313" p. 57
"TRI Facility Location" p. 57
"Wastepile Releases Under EPCRA §313" p. 58
57 FR19127; May 4,1992 p. 73
57 FR 28159; June 24,1992 p. 73
57 FR 41029; September 8,1992 p. 73
57 FR 48706; October 27,1992 p. 73
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