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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