Monthly Hotline Report July 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-92-014g NTIS Number: PB92-922407 Hotline Questions and Answers RCRA 1. Liners and Leak Detection Systems for Hazardous Waste Landfills, Surface Impoundments, and Waste Piles 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 Section 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 Section 3004(o)? 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 Sections 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 impound-ments, 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 Section 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). 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 1x10-2 cm/sec for waste pile and landfill units, or 1x10-1 cm/sec for surface impoundment units. Synthetic drainage layers must have a hydraulic transmissivity of 3x10-5 m2/sec for waste pile and landfill units, or 3x10-4 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 1x10-7 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. 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. 2. One-Time Notification Requirement Under Section 268.7(a)(6) A manufacturer generates a listed, restricted waste which is piped directly to a wastewater treatment unit exempt from RCRA regulation under Sections 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 Section 261.4(a)(1)(ii). Because the waste is never managed in accumulation tanks or containers regulated under Section 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? The generator must comply with the one-time notification requirement under Section 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 (Section 261.4(a)(1)(ii)); in other words, subsequent to the point of generation (see 56 FR 3866; January 31, 1991). Therefore, the one-time notification requirement of Section 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 Section 262.34). 3. Alcohol-Content Exclusion for the Ignitability Characteristic 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 non-alcoholic liquid component (10 percent). According to the "alcohol exclusion" in 40 CFR Section 261.21(a)(1), 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 non-alcoholic component cause the aqueous solution to be regulated as an ignitable waste (D001)? No, the additional non-alcoholic liquid component will not cause the wastestream to be regulated as a D001 waste. Despite the presence of the non-alcoholic liquid component, the wastestream continues to qualify for the alcohol exclusion in 40 CFR Section 261.21(a)(1). 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 Section 261.21(a)(1), 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 non-alcoholic components are present. EPA clarified in the June 1, 1990, Federal Register (55 FR 22543) that the term "alcohol" in Section 261.21(a)(1) 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 Section 173.115(b). The alcohol exclusion in 49 CFR Section 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 Section 261.21(a)(1), 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 Section 261.21(a)(1), "aqueous" means a solution containing at least 50 percent water by weight. CERCLA 4. Interest Rates on Superfund Cost Recovery Actions EPA is authorized by CERCLA Section 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 Section 107. When calculating recoverable costs, may EPA charge interest on the amount expended? If so, how is the applicable interest rate calculated? EPA is authorized to seek interest charges on all amounts recoverable under CERCLA Section 107(a)(4). Recoverable amounts under Section 107(a)(4) include costs not inconsistent 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, Section 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 Section 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 10.82% 1989 8.39% 1986 7.43% 1990 8.47% 1987 5.63% 1991 7.99% 1988 6.99% 1992 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. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW 5. Laboratory Use of a Manufactured Chemical 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 Section 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 Section 372.38(d))? The 2,000 pounds are exempt from the threshold determination for manufacturing under the laboratory use exemption (40 CFR Section 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. 6. Threshold Determination Based on the Range of Concentration Given on the MSDS A facility regulated under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) uses a chemical mixture that contains a listed Section 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 Section 313 compliance (40 CFR Part 372)? 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 lb x (1.20-1.00) = 2,105,263 lb ========== (1.20-0.25) nonexempt mixture 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 lb In this example, the amount of chemical that counts toward a threshold is 23,158 pounds. 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: "The RCRA Implementation Study; The Definition of Solid Waste Update" AVAILABILITY: Hotline EPA ORDER NO.: EPA 530-R-92-021 This document presents EPA's preliminary approaches to developing a better definition of solid waste. TITLE: "RCRA Waste Minimization Action Plan" AVAILABILITY: Hotline EPA ORDER NO.: EPA 530-R-92-020 This document outlines activities expected to be implemented over the next five years that will integrate the Agency's pollution prevention concept into the RCRA program. TITLE: "The Consumer's Handbook for Reducing Solid Waste" AVAILABILITY: Hotline EPA ORDER NO.: EPA 530-K-92-003 This document describes how people can help solve the growing garbage problem in the United States. It outlines how individual consumers can help alleviate the mounting trash problem by making environmentally aware decisions about everyday things such as shopping and lawn care. The booklet provides several practical steps to reduce the amount and toxicity of garbage. CERCLA TITLE: "Methodology for Early De Minimis Waste Contributor Settlements under CERCLA Section 122(g)(1)(A)" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 607 This guidance sets procedures for identifying early de minimis candidates for potential de minimis settlements early in the response process (i.e., prior to the signature of a Record of Decision), and provides a methodology for developing such settlements. This guidance also provides practical assistance in developing early de minimis settlement proposals and agreements. It supplements OSWER Directive 9847.7-1B "Methodologies for Implementation of CERCLA Section 122(g)(1)(A) De Minimis Waste Contributor Settlements," (December 20, 1989). TITLE: "Superfund Progress; Spring 1992" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 265 This quarterly Superfund progress report discusses accomplishments in the Superfund program toward protecting people and the environment from the hazards of uncontrolled chemical releases. It portrays facets of the program that often go unnoticed or unpublicized, reports new developments, and provides figures to show what the program has accomplished. TITLE: "Superfund Progress -- Aficionado's Version" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 267 This publication supplements "Superfund Progress; Spring 1992." The Aficionado's Version provides detailed statistical information documenting the environmental progress of Superfund. TITLE: "Evaluation of Groundwater Extraction Remedies: Phase II, Volume 1 -- Summary Report" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 346 This report is the second phase of a study to evaluate the effectiveness of groundwater extraction systems being used to remediate groundwater contamination at hazardous waste sites. This report was prepared in two volumes. "Volume 1: Summary Report," contains an executive summary and chapters which discuss the purpose, methodologies, and conclusion of the project. TITLE: "Evaluation of Groundwater Extraction Remedies: Phase II, Volume 2 -- Case Studies and Updates" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 347 This report is the second phase of a study to evaluate the effectiveness of groundwater extraction systems being used to remediate groundwater contamination at hazardous waste sites. This report was prepared in two volumes. "Volume 2: Case Studies," contains the individual analyses of each of the 24 sites involved in this project. TITLE: "Accelerating Potentially Reponsible Party Remedial Design Starts: Implementing the 30-Day Study" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 608 This guidance document encourages the Regions to use all available opportunities to compel potentially responsible parties to start the remedial design (RD) prior to entry into a Consent Decree. At a minimum, the RD should start when the Consent Decree is lodged. Where appropriate, Regions should have the RD start even earlier, as soon after signature of the Record of Decision as possible. TITLE: "Superfund Accelerated Cleanup Bulletin, Volume 1, No. 2" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 361 This bulletin outlines Superfund's initiative to develop presumptive remedies that are appropriate for specific types of sites, contaminants, or both. This initiative is part of a larger program, known as the Superfund Accelerated Cleanup Model (SACM), which is designed to speed up all aspects of the Superfund cleanup process. This issue of the Superfund Accelerated Cleanup Bulletin describes presumptive remedies for wood treatment facilities. TITLE: "Fact Sheet: An Overview of ERNS Emergency Response Notification System Fact Sheet" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 412 This fact sheet provides an overview of the Emergency Response Notification System (ERNS), a national computer database used to track information on releases of oil and hazardous substances. TITLE: "Fact Sheet: Oil Notifications; Emergency Response Notification System Fact Sheet" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 413 This fact sheet provides summary information on notifications to the Emergency Response Notification System concerning releases of oil reported in accordance with the Clean Water Act. TITLE: "Fact Sheet: CERCLA Notifications Emergency Response Notification System Fact Sheet" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 411 This fact sheet provides summary information on notifications of releases to the Emergency Response Notification System concerning hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended. TITLE: "Interim Cashout Settlement Procedures" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 609 This directive addresses certain issues related to Superfund cashout settlements. These interim procedures provide approaches to resolve certain issues which arose in recent cashout settlements. TITLE: "Smart Moves in Superfund - Regional Initiatives, Volume 1, No. 1" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 272 This bulletin serves as an exchange for Regional information about Superfund. TITLE: "Guidance on Procedures for Submitting CERCLA Section 106(b) Reimbursement Petitions and on EPA Review of Those Petitions" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 610 CERCLA Section 106(b)(2) allows a person who has complied with an administrative order issued under Section 106(a) of CERCLA to submit a reimbursement petition to EPA for the reasonable costs plus interest of a response action. This document describes the procedures for submitting a CERCLA Section 106(b) petition. In addition, this document describes EPA's process for reviewing the petitions. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOWCOMMUNITY RIGHT-TO-KNOW TITLE: "Common Synonyms for Chemicals Listed Under Section 313 of the Emergency Planning and Community Right-to-Know Act" AVAILABILITY: Emergency Planning and Community Right-to-Know Act Hotline EPA ORDER NO.: EPA/744-B-92-001 This updated document lists chemical, trade, and common names for substances subject to Section 313 reporting requirements. The substances are listed both alphabetically and by CAS number. 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 The reports contain questions that required EPA resolution or were frequently asked, publications availability, Federal Register summaries, and Hotline call statistics.