Revised Instructions for Reporting RCRA Corrective Action & CERCLA (Superfund) Cases for FY09 End-of-Year Reporting (EOY)
These are revised guidelines for reporting Corrective Action & Superfund environmental benefits when injunctive relief will result in direct environmental benefits. Last year, a new methodology for reporting direct benefits for RCRA Subtitle C cases, was created for hazardous wastes entitled ”Estimated pounds of hazardous waste treated, minimized or properly disposed of,”. The FY08 reporting approach established a method to distinguish hazardous waste amounts from the amount of specific pollutant constituents (e.g. lead in electroplating sludge). The hazardous waste pounds methodology counts the entire mass of the hazardous waste addressed by the enforcement action. For the reporting of specific hazardous constituents in the RCRA hazardous waste and CERCLA hazardous substances see the instructions for manual reporting below
For FY2009, the ”Estimated pounds of hazardous waste treated, minimized or properly disposed of,” hazardous waste reporting category and methodology is being applied to both RCRA § 7003 corrective action cases and for CERCLA §§ 104/122a, 106a, 120e (federal facilities) cases. Direct benefits may now be reported in units of pounds (hazardous waste) or volume of contaminated material addressed (VCMA) in cubic yards depending on the nature of the material and how it is generated. Further guidance is provided below. (Note: there are no preventative benefits reporting for Corrective Action or Superfund).
HQ has generated a list of the FY09 RCRA Corrective Action & CERCLA cases with direct benefits currently in ICIS and is providing next steps for the regions to complete in modifying their ICIS data. The effective ICIS data entry deadline is October 9, 2009 (please note that October 12 is a federal holiday, Columbus Day with the last working day before it being October 9, 2009). Information on the EOY reporting schedule is available at: http://intranet.epa.gov/oeca/oc/etdd/reporting/fy2009/index.html
If you have specific questions or concerns on calculating environmental benefits, please contact Donna Inman, at 202-564-2511, firstname.lastname@example.org. For ICIS data entry questions, please contact, David Sprague, at 202-564-4103; email@example.com. For RCRA specific questions, call Ann Stephanos, at 202-564- 4006; firstname.lastname@example.org. For CERCLA specific questions, call Bruce Pumphrey, at 202-564- 4222; email@example.com.
Table 1. Updated Hazardous Waste Direct Benefits Reporting Category for RCRA & CERCLA (changes in italics)
All RCRA Corrective Action & CERCLA cases addressing “hazardous waste” and “hazardous substances” will now be reported under the hazardous waste category. To implement this change, the Regions should select “Hazardous waste” as the “pollutant” from the ICIS drop down menu. The Regions will also report hazardous waste constituent pollutant information manually, as described below.
Changes for 2009 for Entering Direct Benefits
As part of 2009 enhancements (see Table 2 below), ICIS now allows in-situ and ex-situ treatment, removal of contaminated medium and containment complying actions for RCRA §§ 3008(h) & 7003 corrective action cases as well as CERCLA §§ 104/122, 106, 120 (federal facilities) cases. In order to report direct benefits for corrective action occurring under RCRA §7003 authority or for CERCLA §§ 104/122A, 106A, 120E (federal facilities), the regions are to report direct environmental benefits as either Volume of Contaminated Media Addressed (VCMA) in cubic yards, or Hazardous Waste Treated, Minimized or Properly Disposed Of in pounds.
In order to determine what direct benefits category the hazardous wastes or substances should be reported in, it is necessary to look at both the nature of material (traditional hazardous waste such as pollution control debris/dust vs. traditional contaminated media –soil, sediment, or groundwater aquifer) and how/where it was generated/created (industrial processes vs. remediation). The general rule is that any pollutant entrained in traditional contaminated media (i.e., soil, sediment, or groundwater aquifer) or debris (e.g., pieces of wood, cement, decommissioned equipment) would be reported as VCMA soil or groundwater aquifer cleaned (measured in cubic yards). Examples of these types of hazardous wastes/substances include:
¾ dredge spoils
¾ pumped and treated groundwater aquifer
¾ decommissioned equipment that is contaminated
¾ process wastewaters that have commingled with other surface waters or precipitation
Any pollutant which exists in its original form as generated and is containerized (e.g., drums, roll-off containers, containment areas), separately identifiable or otherwise distinct from any media it might be in, would be entered as “hazardous waste treated, removed or contained” (measured in pounds), such as:
¾ baghouse dust
¾ spent solvents in drums
¾ still bottoms
¾ wastewater treatment sludges
For RCRA Corrective Action and CERCLA cases that produce hazardous waste direct benefits, the constituent pollutants in the hazardous waste that can be identified and quantified should be manually reported (see further instructions below) using each constituent pollutant name. The entire mass of the hazardous waste amount should be reported in ICIS with the pollutant name “hazardous waste” and will be counted in the new “Hazardous Waste Treated, Minimized or Properly Disposed of” direct benefit category. However, you must determine whether constituent pollutant names and amounts have previously been entered in ICIS. If you previously entered “Hazardous waste” as the pollutant name and the total waste amount in pounds, no further changes are necessary. Otherwise, you must follow the ICIS data entry and manual reporting steps below.
Table 2. Overview of Selected RCRA/CERCLA Case Environmental Benefits Reported in ICIS for FY2009 (changes in italics)
ICIS Data Entry:
1- enter direct complying action type: In-Situ Treatment, Ex-Situ Treatment, Removal of Contaminated Medium or Containment (and estimated cost of complying action)
2- enter estimated total pounds of RCRA or CERCLA regulated waste or materials as follows:
a. Pollutant Name = Hazardous waste
If specific pollutant names are currently entered in ICIS, you must:
i. Delete the individual constituent names and amounts
ii. Enter “Hazardous waste” as the pollutant name and estimated total amount.
a. Unit of Measure = Pounds or Cubic Yards
(NOTE: must convert/report total estimated hazardous waste amount in pounds)
b. Destination Media = land, soil or water (ground).
Enter in the appropriate worksheet of the EOY reporting workbook the estimated pounds of hazardous constituents, if known. The hazardous constituent amounts are the pounds of specific pollutants in the hazardous waste that have been calculated. In your EOY certification, please identify those RCRA cases where an authority is used in ICIS that was not cited in the enforcement action so that we can note this issue on the ECHO website as a known data quality issue.
NOTE: Any RCRA amounts which are not listed as “Hazardous waste” will not be counted in the appropriate “Pounds of hazardous waste treated, minimized or properly disposed of” category. Specificconstituent amount(s) will be collected manually (see manual reporting below