HINGTON. O.C. <
M»W *
"N -C'**
IJ"° MARCH 23, 1934
9560.03 (84
Zc - CS 3
RC3A, su:.«srfur.c Hctlir.e Monthly Status Revert — March .i
Carolyn Barley, rrc;eut Ocfi-csr
Office of Soli:: Waste (j<3>5»35>
Barbara Hostage, Project: Officer
Office oc Siner ,,ercy ir.d P.erne-i'.al P.sscctj'se ( 33 2- 21^6 ',
TO: Aticressees
.Activities
Requests ccr tr.e reccrt, "Section 3GU4 Test Prctcccis fcr uetermir.ir.^ t.-.e
'Free Liquids' Content oc hasaricus Waste" concriae'C accut or.e tnir- cc ail
cuci:caticn re'^uesta in February. As cc mii Fecr-ary, after ~GU plus re-^s
nac ceen filled, tr.e r.ctli.-.e vas instructed to stcc taking re-cuests fcr ccc
No future distribution of t.ie cccument is anticipated. Hcwever, ccoies w..
^e availaole ccr viewing only in tr.e P.C3A docket and Regional libraries.
II. Mcst Frecuently AsKe-d Questions arc .-^r.swer
What is tr.e latest inflation c'^ctcr cor uccatin^ tne closure/ cos t-closure
cost estLTiate?
Tne inflation factor is deterninec oy dividing tne latest' annual
Ltiplicit Price Get" later fcr Gross National Product by tr.e previous
annual deflator. The ceflators are puolisred cy tf.e U.S. Cecar-_r.ent
of Conrerce in its Survey oc Current Business. Typically, tr.e cost
estimate update is core annual!/ witrun 3U aays after tr.e anniversary
date oc the first cost estunate, which was May 19, 1961. Therefore,
cost estimates are only required to ce undated oy the regulations
(264.142(0), 265.142(0), 264.144O), and" 265. 144*1 o) ) cet-een May 19
and June Id of each year using the latest oeflatcrs wnicn are cud is nee
every March. Hcwever, if a change in the closure/ ucst-clcsure clan
occurs at any other tune resulting in increased costs, t".e closure/
ycst-cicsure cost estimates ^ust ce revised at that tune ana uccatec
annually thereafter (265.U2(c), 264.142(0, 2b5.l44(o) and 264.144(0)
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Most concanies requesting the inflation factor were updating their
financial tests Letters and want to update their cost" esti.7.ate
to coincide witr. the cicse of their fiscal year. As the regulations
are written, the financial test annual update for fiscal year ending
Zecsnrer 31, 1983, would cover tr.e May 1933 cost esti_-.ate*. Callers
are reminded that if t.-.eir facilities are in interim autr.cnzed
States, the State - net receral - finanicai reijuirener.ts accly
(263.1(0(4)).
*rat regulations currently apply if I recycle Try nazardcus waste?
•
If the waste Is hazardous cr.ly cecause of a Sutcart C characteristic,
t.-.e ree/cling and any storage, treatment, etc.,"crier to recycling
i. excluded under 261.6< a) and 265.1(c)(6). If the waste is a
3.-cge (see 260.10) cr is Listed, 261.31 cr 261.32, ail regulations
ccr generators, trans?crter3, arc storage facilities must te followed
according to 261.5(3). "De actual recycling itself is excluded cr —
regulation under 265.l(c) (-5^. A ;naterial listed in 261.33 Ucnr.t
cnemicai products) dees net cecor.e a hazar-cus waste iz it is rec;...
cr reused, so the hazardous waste regulations do net accly.
'.vhioh States have interim au then nation? "xhat -icos Phase I vs. Phase II
autr.cr i zat ion ."near.?
The caller is told wr.icn States have no author i zat ion, ir.teri.-a
authoricaticn, and final authorization. Phase I requirements are
outlined in 271.123 covering standards for generators, transporters,
and interim status facilities. Phase II authorization (2T1-.129)
covers final oetmit standards grantee ia trree ccnzcr.er.ts: A (stcrage!,
3 (incineration), and C (land disccsai). For interLi authcrization,
tr.e State orotg-rani is sucstar.tially ecui'/alent to the Federal prccpran.
Final authorization is .granted wr.en the State crccran is equivalent
to tr.e Federal one. Usually, questions on State 2udr.crizaticn arise
when the caller is preparing the financial test update cr oiennial
report which leads to adcditicr.al aiscussions on these recuirerrencs.
Do generators in interim authorized States send biennial reports to the
State and/or the Region?
In interim authorized States, the State program is operating in lieu
of the Federal program (271:121(3)). The Phase I program under
271.123 covers generator and interim status facility reporting re^,:ire-
rents. Hence, the State repcrt (which ray te a biennial, annual, or
even quarterly repcrt) is sent to the authorized State and rot to the
Segicn. However, since North Dakota's Phase I author izaticn dees r.cc
include repcrt ing, generators in >crtn Dakota :r.ust send a biennial
repcrt to Region 3.
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5
When will the Uniform Manifest appear in the Federal Register?
A Federal Register notice was pubLisned on March 20, 1934.
Ccpi.es of the notice will be availaole from the Regional
. Offices approximately mui-April.
Is my wasta a hazardous waste?
The Hotline staff assists each caller by asking the caller several
questions about the process, amount, of waste produced, etc. in
order to estanUsh which criteria apply. While information supplied
to each caller varies, assistance is provided within the following
general framework. The generator must follow 262.11 (hazardous
waste determination). If his waste is not excluded by 261.4
(exclusion), then he must check to see if his waste is listed under
261.31 (hazardous wastes from ncn—specific sources), 261.32 (hazardcu
wastes fron specific sources), 261.33 (discarded cattnercial chemic^
products, off-specification species, container residues, and sp;.'
residues thereof), cr mixed with a waste that is listed in 3ucc~~
and pcssibly regulated through the criteria in 261.3 (definition of
hazardous wasta). If the waste is net listed, then the generator
must test cr apply his knowledge to determine if the wasta meets the
Succart C characteristics in 261.21 - 261.24 (i~nitability, ccrrcsivi
reactivity cr £? toxicity).
CESCLA
Cuestions on specific National Priority List sites.
The paragraph descriptions in the Hazardous Waste Site Cescrigticns
(HW-3.1 and 8.2) are read to the caller along wich information from
the Project Tracking System Site Sutiaary Report. Callers are
referred to the appropriate Regional SPA Office cr to the Headquarter;
Docket for mere detailed information.
If I spill a certain material, is it reccrtab-le under CEDCLX?
•
The release of a material defined as a CESCLA hazardous substance
pursuant to Section 101(14) of the Act must be reported to the
National Response Center when the release into the. envircnr«nt is
equal to cr greater than its repcrtaile quantity (RQ). 'Jntil final
prcmulgaticn of the PCs proposed in the May 25, 1983, FR notice,
the statutory RCs prevail for notification retirements under CEP.CLA
Section 103(a).
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Have the proposed repcrtaole quantities for CIRCLA hazardous suistances
been finalized?
>to, the repcrtable quantities proposed in the May 25, 1983, Federal
Register have not been finalized. A Federal Register announcement
is anticipated in April 1984.
If an aoar.dcned site was not reported under Section 103(c) of CERCLA
because it was discovered after the statutory notification period
(Decemcer 11, 1980 - Jure 11, 1931), must the site be reported row?
New sites should oe reported to the Regional Super fund coordinator.
The site information will be incorporated into the Bnersency and
Remedial Response Invertccry System (ERRI3).
III. Resolved Issues
- Dees a 255 closure have to use the §270.i(d) certification?
"to, the closure is net a permit application or a permit report.
Source: Betty Zeller
- Company A etcr.es semiconductor silicon wafers. Conrany 3 use the wafers
to rnanufacture printed circuit beards. The f-o companies are totally
separate. Is ccccany A's wastewater treatment sludge from the etching
process classified as a F006 waste?
Yes, the wastewatar treat.-nent sludge is regulated as FQC6. The
chemical etching is viewed as electroplating, even though the
Background Document on electroplating did not include tne etching
process. The Backc^rour.d Document was overly narrow in including
only the manufacture of printed circuit rcards and excluding
etching.
Source: Bill Sprcat and Myles Mcrse
- Several delisting petitioners have received tenccrary exclusions from
FOA for their listed waste streams based on leachaDle nickel concentra-
tions of 20ppra. What was the basis for the 20ppm level?
The Pmbient Water Quality Criterion human health value was used
with a suitable attenuation factor to consider waste matrix
effects and soil binding capacity as a basis for the 20 pcm
nickel concentration.
Scurce: Bill Sproat and Myles Merse
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Do pcrtaole treatment -3 connected to a process unit meet the totally
enclosed treatment exclusion?
if the unit vhen connected to a process is in compliance with
the Regulatory Interpretive Letter (RIL 34) which specifies the
parameter of a totally enclosed treatment facility. Thus, ccrtaoLe
treatment units could be used at multiple facilities and be" excluded
from regulation by 265. Uc) ( •?) .
Source: Fred Lindsey
Can leachate frcm a landfill or liquid hazardous waste be viewed as wast
water so that the wastewater tanks nandling these waste straans are
excluded from regulation by 265.1(0(10)?
Wastewater has no regulatory definition, but i resc- dale interpreta-
tion would be a -rocess waste from an industrial >-ccess containing
approximately 1% or less contaminants. Treatment tanks for leachate
or liquid wastes such as spent solvents or ignitaicle licxjids should
not be excluded from regulation under 264.1(o)( 10) . It would be
inconsistent to closely control wastes in a landfill and not control
management' of the hazardous constituents in the leachate from them.
Source: Stave Lingle and Fred Lindsey
Must the owner or operator of a container storage facility in a downtown
area -check all nearoy businesses for the possibility of injection or
withdrawal wells in accordance with the 270.14(b) (19)( ix) topographic
map requirement?
No, the owner or operator oc the container storage facility does
not have to check with the individual businesses in the city. He
could, however, check with the city water department for potential
•wells. The State or city may also have a well drillers licensing
board which could provide that information.
^— --- . - -- — --- .
Source: Pmy Mills and Burnell Vincent
whac is the definition of a withdrawal well used in 270.14Co) (19) ( ix)?
There is no definition for withdrawal well. In order to expedite
permit writing, the applicant is encouraged to show the locacicn
of wells that might be available for monitoring or which may be
conduits for contamination. Active wells ejrrencly used to extract
ground water for use should be identified as possible avenues of
exposure to contamination.
Source: Burnell Vincent.
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