MISCELLANEOUS
Key Words: -State/EPA Coordination
Regulations:
DOC: 9560.01(84)
Subj ect:
Addressee:
Originator:
Source-Doc:
Date:
Summary:
State Participation in the Development of SPA Programs
Guidance and Regulation
Kenneth Waesche, Director, Hazardous Waste Division,
State of Colorado
Glen R. Galen, Office of Solid Waste
See- Miscellaneous. [;9560'.06'(-84,}.]-
6-28-84
EPA and the Association of State and Territorial Solid Waste Management
Officials (ASTSWMO) developed a cooperative program to ensure greater State
participation in the development of many EPA programs guidance and regulations.
As an example, EPA.is asking State people to accept responsibility for assisting
in the development of guidance and regulations for location of hazardous waste
facilities.
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-^k.^..^ quo
CEROA
9560.01 (84)
- Have the proposed reportable quantities for CERCLA hazardous substances
been finalized?
No, the reportable quantities proposed in the May 25, 1983,
Federal Register have not been finalized. A Federal Register
announcement is anticipated in June 1984.
- If I spill a certain material, is it reportable under CERCLA?
/
The release of a material defined as a CERGLA hazardous substance
according to Section 101(14) of the Act must be reported to the
ffatibnal Response center when the release into the environment is
equal to or greater than its reportable quantity (RQ). Until final
promulgation of the RQ's proposed: in- the May 25, 1983, Federal
Register-Notice.,, the:-statutory RQ's-- prevail for notification require-
ments under CERCLA Section 103(a).
- Who pays the hazardous waste tax that took effect October 1, 1983?
Tne: tax, $2.13 per dry weight ton of hazardous --aste, will be paid to
'the IRS by both interim status and permitted disposal facilities. The
IRS promulgated final regulations on this tax in" the November 25, 1983,
Federal Register. For further information, contact Ada Russo, Office
of Chief Counsel, IRS (202) 566-4336.
RCRA
- Specific questions on permitting facilities.
These questions and -answers are both general anc site specific. In general,
. a caller is provided assistance in determining if a waste and its treatment,
storage, or, disposal are subject to the Part 270 permit requirements.
- Is my waste a hazardous waste?
The Hotline, staff assists each caller'by.asking che caller several questions
about the process, Amount of waste produced, etc. in order to-establish
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 non-specific
sources), 261.31 (Hazardous wastes from specific sources), 261.33
(Discarded commercial chemical products, off-specification species,
container residues, and spill residues thereof), or mixed with a waste
that is listed in Subpart D and possibly regulated 'through the criteria
in 261.3 (Definition of hazardous waste). If the '*aste is. not listed,
then the generator must test or apply his knowledge to determine if
the waste meets the Subpart C characteristics in 261.21-261.24
(ignitability, corrosivity, reactivity, or EP toxicity).
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- What regulations currently apply if I recycle ray hazardous waste?
If the waste is hazardous only because of a Subpart C characteristic, the
recycling and any storage, treatment, etc. prior to.recycling are excluded
under 261.6(a) and 265.1(c)(6). According to 261,6(b), if the waste is
a sludge or is listed in 261.31 or 261.32, all regulations for generators,
transporters, and storage facilities must be followed, according to
261.6(b). The actual recycling itself is excluded from regulation under
265.1(c)(6), A material listed in 261.33 dees not become a hazardous " *
waste if it is recycled or reused, so the hazardous waste regulations do
not apply.
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tool? /ft-. 7**-
.:anos for potential user consideration
^t demonstrate that his ACL will be
; over a certain distance so there will be
any potential users or on the environment
Tr is 'not a
The jwner/oper£
attenuated or c
no adverse impac-.
Source:
Are 55 gallon drums that are found flattend and
removal site regulated under RCRA?
"empty" at'a Superfund
There is no way to determine if drums have been fully emptied per
Section 261.7(b)(l)(i). According to Section 261.7(b) (IHiiiMA),
for a drum to be considered empty and non-regulated by RCRA, there
must be no more than 3 percent difference in weight between that
drum and a comparable empty drum.
Source: Alan Corsoh
. 0-2;
CERCLA
Why is a spill of an ignitable petroleum product like- gasoline, considered
to be a- reportable event?
Gasoline is specifically excluded by the definition of hazardous
substance under-CERCLA Section 101(14) unless specifically otherwise
designated. Sections 311 and 307(a) of the Clean Vater Act,
Section 112 of thfe Clean Air Act, Section 7 of the Toxic Substance
Control Act do not designate gasoline. Since gasoline is a
coiraercial chemical product, it is net a RCRA waste when it is spilled,
However, if the spill residue is not cleaned up, the gasoline is a
waste, and the event would be reportable at the one pound RQ for.
RCFA ignitable wastes. If waste gasoline is spilled, the one-pound
RQ for RCRA ignitable waste applies.
Source: Rick Homer
- Is toluene excluded frcm the list: of hazardous* substances" because it is
a petroleum product excluded, under, CERCLA Section 101(14)?
No, toluene is specifically designated by Section 311 of the Clean
Water Act and by RCRA.- Therefore, it is a CERCLA hazardous substance.
Source: Rick Horner .
What are the penalties for not complying with a request for information
under Section 104{e) of CERCLA? The site has been requested to provide
further groundwater monitoring data, to document a release to groundwater.
EPA could act under Section 106 Administrative Order to require a
response. Refusal to cooperate could result in fines up to $5,000
per day under Section 106(b). Section 106 action can be taken
when imminent and substantial endangerment and contamination exist.
Source: Doug Cohen
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