                           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.
