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Document Type: Outgoing
To: Robert Twitmyer
From: Elaine Stanley
Subject: Off-Site Transfers of Iron and Steel Slag for Use As Road and Roadbed Aggregate
Keyword(s): Releases-Releases to Land, Slag
Robert Y. Twitmyer
National Slag Association
110 W. Lancaster Ave.
Wayne, PA 19087-4043
Dear Mr. Twitmyer:
This letter is in response to your July 3, 2000 letter () to Administrator Browner on behalf of the iron and steel slag processors. Your letter requests information about the reporting requirements of section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA). In particular, your letter asks a series of questions that reflects your concerns about the reporting requirements as they apply to off-site transfers of iron and steel slag that are released to the land for use as road and railroad bed aggregate and other purposes. This response is only intended to address slag transferred off-site for release to the land.
As you are aware, the TRI Program is a Community Right-to-Know program that was established pursuant to section 313 of EPCRA (42 USC section 11023)(). To date, the TRI Program has given the public unprecedented direct access to toxic chemical release and other waste management data at the local, state, regional, and national level. The TRI Program relays information to communities about facilities; it does not, however, directly control or limit the activities taking place at facilities. While EPA is sensitive to the reporting burden on TRI covered facilities, the Agency must satisfy the reporting requirements of the statute.
For each listed toxic chemical the statute requires reporting of “the annual quantity of the toxic chemical entering each environmental medium.” (EPCRA section 313(g)(1)(C)(iv)()) This includes, at a minimum, releases to land. A “release” is defined as “any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles) of any hazardous chemical, extremely hazardous substance, or toxic chemical.” (EPCRA section 329(8)) () As for slag, historically, the toxic chemicals in slag have been reportable as a disposal activity when the slag has been managed through on-site and off-site release to the land. (See Toxic Chemical Release Reporting; Community Right-to-Know; Final Rule, 53 Fed. Reg. 4513 (Feb. 16, 1988)) ()
However, given EPA’s concerns about the clarity of reporting guidance specific to off-site transfers of slag for application to the land, EPA believes that for slag transferred off-site for release to the land the Agency cannot provide any reporting guidance at this time and by this letter EPA is withdrawing any reporting guidance specific to off-site transfers of slag for application to the land. Any further addressing of the reporting requirements for such off-site transfers of slag will be made through appropriate procedures that include input from stakeholders.
Thank you for your letter asking for clarification regarding the section 313 reporting requirements and articulating your current concerns about the TRI Program. The Agency is committed to making sure the Program meets the statutory requirements, provides useful information to the public, and at the same time looks for ways to reduce the TRI reporting burden. If you have any other questions, or desire further information, please call Dr. Maria J. Doa, Director, TRI Program Division at (202) 260-9592.
Elaine G. Stanley, Director
Office of Information Analysis and Access
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