oEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER:
9560.03-83
TITLE: Hazardous Waste Ta$"
V
APPROVAL DATE: n/16/83
EFFECTIVE DATE: n/ie/83
ORIGINATING OFFICE: osw
m FINAL
D DRAFT
STATUS:
[ 1
A- Pending OMB approval
Pending AA-OSWER approval
C- For review &/or comment
D- In development or circulating
REFERENCE (other document*):
headquarters
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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MISCELLANEOUS DOC: 9560.03(83)
Key Words: Tax
Regulations:
Subject: Hazardous Waste Tax
Addressee: N/A
Originator: RCRA/Superfund Hotline Monthly Status Report - October 1983.
\Carolyn Barley, Project Officer, Office of Solid Waste,
"Barbara Hostage, Project Officer, Office of Emergency and
Remedial Response
Source Doc: See Miscellaneous [9560.13(83) Question #3] '* <* f~^- <*£
(/
Date: 11-16-83
Summary:
The hazardous waste tax of $2.13 per dry weight ton of hazardous waste
will be paid to the IRS by both interim status and permitted disposal facilities.
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HWIBCF1417 9560.03 (83)
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Toll Free - 300-424-9346
Wash DC/FTS 382-30QO
FROM: Carolyn Barley, Project Office^
Office of"5olid Waste (382-5235)
Barbara-Hostage, Project Officer . „
Office of Emergency and Ranedial Response (382-7917)
TO: Addressees ( see attachment)
General
The Hotline Staff responded to 3,032 calls in February. Approximately
65% of the callers requested information on the RCPA or CEPCLA regulations and
35% asked general regulatory questions or requested publications. Technical
questions on RCRA totaled 1,428, technical questions oh CERCLA totaled 531;
general questions totaled 201; and document requests totaled 872.
Most Frequently Asked-Questions
Is my -waste a hazardous waste?
Can you explain EPA's recycling regulations?
Has the Agency promulgated its final rule on the National Uniform Manifest?
Do I have to file an annual report with EPA for hazardous waste activity
during 1982?
Since EPA has gone to a biennial report for hazardous waste activity, does
this mean I don't have to submit an annual report to my State?
What groundwater monitoring data am I required to submit to EPA by March 1
of each year?
What is the current annual Implicit Price Deflator?
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What annual Implicit Price Deflator is appropriate to use in revising my
cost estimates for my financial assurance requirements in my state?
Will the deadline for comments on
past the current February 28, 1983
National Priority List be extended
line?
Could my comments to the National Priority List possibly result in the
inclusion of another site on the list?\
Will EPA revise the National Priority List in the future?
QUESTIONS/ANSWEPS - RCRA -
Question: P030 is "soluble cyanide salts, not otherwise specified." is
potassium ferricyanide P030? It is soluble but not toxic.
Answer: A compound is only P03Q if HCN would form when exposed to
acidic conditions.
. Question:
Answer:
Source:
Research:
David Friedman
Irene Horner''
Does any part of a container storage Part B permit application
need to be certified by a professional engineer; .and, if so, does
the professional -engineer need to be registered in the State the
facility is in?
Mo technical data needs to be certified for container storage.
Other units like tanks that do require certification are not
limited to State certified PE's, but the Region should be con-
sulted.
3. Question:
Answer:
Source:
Research:
Dave Fagan
Irene Horner
Can the owner/operator of a facility cancel or terminate his
policy without giving the insurance company the 60 or 30 days
the insurance company needs in order to give EPA 60 to 30 days
notice of cancellation?
The insurance company is bound by the certificate or endorsement
to give proper notice. There is no requirement for the facility
to give the insurance company advance notice. The insurance
company could protect itself against this in its contract with
the facility.
Source:
Research:
Karen Gale
Irene Horner
-2-
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Question:
Answer:
Question:
v/
Anwser:
Question:
Answer:
The closure/post-closure cost estimates were first required May
19, 1981. Thev cost estimates were to be adjusted for inflation
within 30 days\after each anniversary of the date on which the
first estimate was prepared (265.142(b)). The wording of the
regulation has caused seme confusion:
1)
If your first estimate was prepared prior to May 19, 1981,
do you adjust it within 30 days of the anniversary of the
first date it was prepared, or do you change to a May 19
2) If you were late in preparing your first estimate, do you
change to a May 19 schedule or continue on the late schedule?
3) If you prepared your first estimate on May 19, 1981, but had
a change in capacity resulting\.n new plans .and new estimates
mid-year, do you then use the miH-year revision as the new
date so that your future adjusted^revisions will be en a
mid-year schedule, or do you return to the May 19 schedule?
1) Change to the May 19 schedule.
2) Change to the May 19 schedule.
3) Your revised closure plans will result in new cost estimates.
as the first estimates. Consider those estimates as the firsc
estimates and continue on the mid--year schedule.
Source: Carole Ansheles. and Emily Sano
Research: Karen Gale
If a material is 80% solid and 20% water, can the PH be measured
under 261.22(a)( D?
It is still testable if Ic contains free liquids (water). The
agueous phase of the proposed paint filter test could be used to
determine if there arejiree liquids.
Source Karen Gale •
Research: Florence Richardson
Benzene from a storage tank leaked into the ground water. This leak
occurred before November 19, 1980. The groundwater is now pumped
out and treated in a surface impoundment. Is the surface impound-
ment receiving a hazardous waste?
If a material is a listed hazardous waste, you must classify
it as a hazardous waste even though the leak occurred prior
to Novenber 19, 1980. Pumping the water is an activity under
261.2(b), so, 261.3(a)(2)(iv) applies. Therefore, the surface
impoundment is receiving U019, benzene. When a site is "re-
activated," (cleaned-up, waste removed, etc.), the facility
must comply with the hazardous waste regulations. See the
December 31, 1980, FR preamble, p. 86969.
Source: Matt Straus and Steve Silverman
Research: Karen Gale and Tony Baney
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Question:
Answer:
Section 265.93.(b) requires an initial background arithmetic
mean and variance for each of the §265.92(b)(3) indicator
parameters. HoV should the calculation be done if three of
the four values We reported as below detection limits.
This question applies to total organic carbon and total organic
halogen only. The desired detection limit for total organic
carbon is lmg/1 and for total organic halogen, 5ug/l. The
above values for these c^p parameters should be used in the
required statistical companies when values are reported as
toring guidance document.
FEDERAL REGISTER NOTICES
February 2, 1983
February 7, 1983
February 3, 1983
February 9, 1983
February 15, "19S3
February 23, 1983
February 28, 1983
Phase I Interim Authorization granted to New
Jersey
Announcement of policies governing financial
.assistance to States for assessment and in-
spection of hazardous waste sites under section
3012 of RCRA. Announcement of 310,000,000 in
grants to States for FY 1983 to carry out this
assessment
Proposed rule to extend TSDF permit life from •
current maximum of 10 years to the designated
operating life of each facility, plus the period
of post-closure care for land disposal facilities
\v
Extens ion'-to iMarch 31, 1983, for. the comment
period on the degree of hazard model
Proposal to expand the household waste exclusion
(261.4(b)(l) to include waste from bunkhouses,
ranger stations, crew quarters, campgrounds and
picnic grounds
Proposed amendment^ to charge the hazardous waste
listings in part 261.33 for warfarin and products
containing zinc phosphide
List of petitions received under 40 CFR Part 260.22
Publications
The Agency released for public distribution a pamphlet entitled Federal
Finanical Requirements for Owners and Operators of Hazardous Waste Treatment, Storac
and Disposal Facilities - a Summary. Copies are available through the Hotline (SW-
962) or from the EPA Regional offices.
Attachment
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