Monthly Hotline Report December 1992 RCRA/Superfund/OUST and Emergency Planning and Community Right-to-Know Act The RCRA/Superfund/OUST and Emergency Planning and Community Right-to-Know Act Monthly Hotline Report provides valuable OSWER programmatic information. This bulletin contains excerpts from the Report's "Questions and Answer" and "Publications" sections. The full report is available from the U.S. National Technical Information Service at 703-487-4650. For other information, please contact the RCRA/Superfund/OUST Hotline at 1-800-424-9346 or the Emergency Planning and Community Right-to-Know Act Hotline at 1-800-424-9346. EPA Report Number: EPA/530-R-92-014l NTIS Number: PB92-922412 Hotline Questions and Answers RCRA 1. Hydrochlorofluorocarbons Used in Degreasing According to 40 CFR Section 261.31, chlorinated fluorocarbons (CFCs) used in degreasing are classified as F001. EPA included CFCs used in degreasing in the F001 listing because of concern for their potential contribution to the depletion of stratospheric ozone. Are hydrochlorofluorocarbons (HCFCs) used in degreasing also regulated as F001? Because the F001 listing description includes all chlorinated fluorocarbons, hydrochlorofluorocarbons used in degreasing operations are also classified as F001. Of course, the solvent formulation must meet the 10 percent (by volume) before-use criterion in the F001 listing. Hydrogenated fluorocarbons (HFCs), however, are not included in the scope of the F001 listing. 2. Rebuttable Presumption for Used Oil 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 Section 279.10(b)(1)(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"? 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 Section 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 Section 261.3(c)(2)(iv), regardless of the level of halogenated constituents present. CERCLA 3. Community Environmental Response Facilitation Act On October 19, 1992, Congress amended CERCLA Section 120(h) 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? 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 Section 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 Section 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 Section 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. 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. OUST 4. Temporary Closure of an UST 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? 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 Section 280.31. The owner/operator must also demonstrate financial responsibility if its compliance date in Section 280.91 has passed until the tank system is properly closed per Section 280.109, and, as appropriate, follow release confirmation, release notification, and corrective action procedures (Section 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 Section 280.70(a). Of course, those USTs that are not yet required to have release detection according to the schedule in Section 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 Sections 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 Section 280.20 or Section 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 Section 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 (Section 280.70(c)). EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW 5. Reclamation as Processing Under EPCRA Section 313 A reclamation facility receives waste solvents containing an EPCRA Section 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 Section 313 threshold determinations, is the reclamation facility processing the toxic chemical? The term "process" is defined at 40 CFR Section 372.3 as "...the preparation of a toxic chemical, after its manufacture, for distribution in commerce." The final rule implementing the EPCRA Section 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 Section 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. New Publications How to Order... NTIS publications are available by calling 703-487-4650 or writing NTIS, 5285 Port Royal Road, Springfield, VA 22161. Be sure to include the NTIS order number listed under the document. Hotline publications are available through the RCRA/Superfund/OUST Hotline by calling a Document Specialist at 1-800-424-9346. Be sure to include the EPA order number (if any) listed under the document. RCRA TITLE: "Environmental Fact Sheet: Recycling Municipal Solid Waste Facts and Figures" AVAILABILITY: Hotline EPA ORDER NO.: 530-SW-91-024 This fact sheet describes nine of the primary components of the municipal solid waste stream, along with sources of generation, percentage of the stream, and recovery rates. TITLE: "Environmental Fact Sheet: EPA Revises Quality Assurance Measures for the Toxicity Characteristic Leaching Procedure" AVAILABILITY: Hotline EPA ORDER NO.: 530-F-92-026 This fact sheet discusses the amended requirements for sample testing associated with the Toxicity Characteristic Leaching Procedure. By removing "spike recovery correction" from the list of required quality assurance measures, the testing method will remain consistent with those outlined in EPA's manual on RCRA testing methodology. TITLE: "Index to the Monthly Hotline Report Questions (June 1982 to December 1991)" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-131 374 This document provides four indices to the question and answer sections of the RCRA/Superfund/OUST/Emergency Planning and Community Right-to-Know Monthly Hotline Report. The first index is an alphabetical list of question titles by year and month. The second index organizes the questions by regulatory citation. The third index organizes the questions by statuatory citation. The fourth index references the questions by keyword or subject heading. TITLE: "Environmental Fact Sheet: Temporary Suspension of the Toxicity Characteristic in Non-UST Petroleum Products Cleanups Proposed" AVAILABILITY: Hotline EPA ORDER NO.: 530-F-92-023 This fact sheet describes EPA's actions toward expediting cleanups of petroleum spills and avoiding duplicative regulations. The Agency proposed a temporary suspension of the TC rule for nonunderground storage tank petroleum-contaminated media in states with adequate petroleum cleanup programs. OTHER TITLE: "Monthly Hotline Report" AVAILABILITY: NTIS NTIS ORDER NO.: See below Yearly Subscription PB92-922 400 530-R-92-014 January 1992 PB92-922 401 530-R-92-014a February 1992 PB92-922 402 530-R-92-014b March 1992 PB92-922 403 530-R-92-014c April 1992 PB92-922 404 530-R-92-014d May 1992 PB92-922 405 530-R-92-014e June 1992 PB92-922 406 530-R-92-014f July 1992 PB92-922 407 530-R-92-014g August 1992 PB92-922 408 530-R-92-014h September 1992 PB92-922 409 530-R-92-014i October 1992 PB92-922 410 530-R-92-014j November 1992 PB92-922 411 530-R-92-014k December 1992 PB92-922 412 530-R-92-014l The reports contain questions that required EPA resolution or were frequently asked, publications availability, Federal Register summaries, and Hotline call statistics.