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Release Reporting
The
Metam-Sodium Task Force is continuing to receive questions about whether
metam-sodium is a "hazardous substance" for purposes of reporting requirements
under Section 102(a) of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA), 42 U.S.C. 9602(a). Although metam-sodium briefly was
subject to Section 102(a) reporting after EPA listed it -- along with many other
dithiocarbamate "U" wastes -- as "hazardous" under the Resource Conservation and
Recovery Act (RCRA), EPA no longer considers Section 102(a) to apply to these
wastes, in light of the federal U.S. Court of Appeals for the District of
Columbia Circuit's November 1, 1996, decision invalidating the dithiocarbamate U
waste listings. Dithiocarbamate Task Force v. EPA, 98 F.3d 1394 (D.C.
Cir. 1996).
EPA's rule
listing dithiocarbamates as RCRA "hazardous wastes," which EPA issued on
February 9, 1995, and which became effective August 9, 1995, subjected the
listed wastes to CERCLA release reporting requirements. See 60 Fed. Reg.
9808 (Feb. 9, 1995). The rule did so because under CERCLA, any waste listed
under RCRA automatically is considered also to be a CERCLA "hazardous
substance." Every release of such a substance above a specified level -- the
so-called "reportable quantity" (RQ) -- must be reported to the National
Response Center and to state and local authorities. For dithiocarbamates, EPA
established the RQ at one pound, the statutory "default" level, pending further
study.
In response
to a court challenge, the D.C. Circuit vacated all of the dithiocarbamate RCRA
listings at issue, including the listing for metam-sodium. Dithiocarbamate
Task Force v. EPA, 98 F.3d 1394. Because the CERCLA reporting requirements
were grounded entirely in the vacated RCRA listings and thus had no independent
viability, EPA subsequently gave confirmation to the Dithiocarbamate Task Force,
which includes several metam-sodium producers, that it no longer considers the
dithiocarbamate U wastes to be "hazardous substances" for purposes of CERCLA
Section 102(a) reporting. This means that EPA no longer deems metam-sodium to be
subject to Section 102(a) requirements.
On June 17,
1997, EPA published in the Federal Register a notice advising that the
dithiocarbamate U listings have been invalidated. The notice removes all
references to the vacated waste listing and removes the vacated waste listings
from the CERCLA list of hazardous substances. The preamble to the rule states
specifically that "the vacated federal hazardous waste listings and regulatory
requirements based on those listings are to be treated as though they have never
been in effect."
While
releases of metam-sodium in excess of one pound are no longer reportable under
CERCLA Section 102(a), the referenced court decision does not affect release
reporting obligations required under other federal or state release reporting
authorities. Additionally, the PSC urges everyone to manage metam-sodium
carefully to avoid unwanted releases and otherwise to respond to release
situations prudently and in accordance with applicable authorities.
We hope
that this clarifies any remaining confusion about the CERCLA reporting status of
metam-sodium. If you have further questions, please call the Product Stewardship
Committee Information Line at 1-800-331-0198 or send an e-mail to
metam@metampsc.com. |
