MISCELLANEOUS DOC: 9560.03(84)
Key Words: FY85 Grant Funds
Regulations: RCRA 8001
Subject: Guidance on the Use of FY1985 Additional RCRA Grant Funds
Addressee: Regional Administrators, Regions I-X
Originator: Lee M. Thomas, Assistant Administrator
Source Doc: See Miscellaneous [9560.15(84)]
Date: 12-13-84
Summary:
Congress appropriated an additional $9.5 million in RCRA grant funds for
FY 1985. Five million dollars are to be used specifically for the implementation
of the National Permits Strategy. The highest priority for funding should be
given to activities which increase the number of permits issued to land disposal
and incineration facilities or to increase the processing of closure plans for
such facilities. This includes compliance monitoring and/or enforcement actions
which support permit issuance on closure. The outputs which are eligible for
funding cover almost any activity leading to achievement of any milestone or
completion of any step in the permit process.
The remaining $4.5 million is to support the following activities not
traditionally funded by the RCRA State grants:
a
1) Developing or implementing State or local innovative waste management
activities such as waste reduction, waste exchange, use of alternatives
to land disposal, and shared treatment.
2) Accelerating issuance of permits to new or expanding hazardous waste
management facilities which would provide alternatives to land disposal.
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.HiNGTON, O.C. 2G,<50 9560.03(84)
MUCH 23, 1934
swBJECT: RC3A, super :ur.c Hetj.ir.e Mcrtnly status Report — March .:H4
eFCM: Carolyn Barley, Project Ocficar
Uffice of iolii Waste (id2-5235)
s\
baroara Hostage, Project Officer
Office of E,Ter .,er.c/ and P.errse-ial Respctj'se (332-21^6;
.ActLvicles
s ccr tr.e reccrt, "section 3CU4 Test- Prctcccls for Cetemir.i.r.g tr.e
' c're^ Liquids' Concert oc hazaricus Waste" concrise-- accut ore tnir- oc all
puci:caticn r^uesto in Fecr-jary. As oc mic Fecr-ary, after ~Gu pi-3 re-^je
r.ac ceen filled, cr.e ncclir.e vas instructed to stop ta:<-.r.g re-guests for coc
No future diatr icucicr. cf cne jccumenc is anticipated. Hcwever, copies wil
i» availaoie ccr viewing only in tr.e ?.C?A dccket arc P.ejioral iicraries.
II. >test Frequent iy Asi
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Most companies requesting the i.nf iati.cn factor were updating their
financial tests letters and want to update their cost" estimate
to coincide wich- the cicse of their fiscal /e.ar. As the regulations
are written, the financial test annual update for fiscal -/ear ending
Zecerrrer 31, 1933, would cover tne May 1933 cost estL-aee". Callers
are reminded tnat if tr.eir facilities are in interim aut.-.crized
5tar.es, the Stace - net Fecerai - cir.anic.ai retirements ace I/
(263.1(c)(4)).
-Vrat regulations currently apply if I recycle -ny nazaricus waste?
•
[f the waste is hazardous only cecause of a Sutcart C characteristic,
tne recycling and any storage, treatment, etc., crier to recycling
a: excluded under 261. 6< a) and 255. !(c) (6) . If the waste is a
a.-dge (see 260.10) or is listed, 261.31 or 261.32, all regulations
for .;eneraccrs, transporters, and storage facilities :nust be followed
according to 261.6(0). The actual recycling itself is excluded fr —
regulation under 265.1(0(6). A material listed in 261.33 (ccnr.e.
cr.emicai products) dees net cecor.e a hazardous waste if it is rec;.._
or reused, so the hazardous waste regulations do -net apply.
'.vhicn States have interim authorization? "vhat: does Phase I vs. Phase II
authorization
The caller is told wr.icn Staces have no authorization, ir.teri.-n
author iracion, and final author izac ion. Phase I requirerrencs are
outlined in 271.123 covering standards for generators, transporters,
and interim status facilities. Phase II authorization (271.129)
covers final permit standaros grantee in three ccrr.ccr.ents : A (storage),
3 (incineration), and C (land disposal). For interim authorization,
tne State proc,Tacn is substantially equivalent to the Federal progran.
Final authorization is granced wnen the State procran is ecuivaient
to tne Federal one. Usually, o;_:esticns on State authorization arise
when the caller is preparing the financial test update cr biennial
repcrt which- leads to addditicnal ciscussions on those recuiremencs.
Ll> - Co generators in interim authorized States send biennial reccrts to the
State and/or the Region?
In interim authorized States, the State program is oceracirg in lieu
of the Federal program (271;121(b) ) . The Phase I program under
271.123 covers generator and interim status facility reporting require-
ments. Hence, the Stace report (which rray be a biennial, annual, or
even quarterly repcrc) is senc to the autncrized Stare and not to the
Region. However, since North Dakota's Phase I authorization does not
include reporting, generators in >Jcrth Dakota ~ust send a biennial
repcrt to Region 3.
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S
When will the Uniform Manifest appear in the Federal Register?
A Federal Register notice was published on March 20, 1934.
Copies of the notice will be availaole from the Regional
. Offices approximately mid-April.
Is my waste 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 estaolish which criteria apply. While information sucplied.
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 undec
261.31 (hazardous -wastes from ncn—specific sources), 261.32 (hazardous
wastes from specific sources), 261.33 (discarded commercial chenicv
products, off-specification species, container residues, and sp;.'
residues thereof), cr mixed with a waste that is listed in 3ubpu_ ,
and possibly regulated through the criteria in 261.3 (definition of
hazardous waste). If the waste is net listed, then the generator
must test cr apply his knowledge to determine if the waste meets the
Sucpart C characteristics in 261.21 - 261.24 (i^nitability, ccrrcsivity.
reactivity cr £? toxicity).
CZSCLA
Cuesticns on specific National Priority List sites
The paragraph descriptions in the Hazardous Waste Sita Descriptions
(HW-3.1 and 3.2) ara read to the caller along with inforaacicn from
the Project Tracking System Site Sunnary Report. Callers are
referred to the appropriate Regional EPA Office cr to the Headquarters
Docket for mere detailed informaticn.
If I spill a certain material/ is it reecrtaMe under CE3CLA?
The release of a material defined as a CERCLA hazardous substance
pursuant to Section 101(14) of the Act crust be reported to the
National Response Center when the release into the. environment is
equal to cr greater than its repcrtable .-quantity (RQ). Until final
promulgation of the RCs proposed in the May 25, 1983, £R notice,
the statutory RCs prevail for notification requirements under CEPCLA
Section 103 ( a) .
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Have the proposed repcrtaole quantities for CIRCLA hazardous substances
been finalized?
>fc, the repcr table quantities proposed in the May 25, 1983, Federal
Register have not teen finalized. A Federal Register announcement
is anticipated in April 1984.
If an aoandcned site was not reported under Section 103(c) of CE3CLA
because it was discovered after the statutory notification period
(Decemcer 11, 1980 - June 11, 1931), must the site be reported now?
New sites should oe reported to the Regional Super fund coordinator.
The site information will be incorporated into the Emergency and
Remedial Response Inventory System
[II. Resolved Issues
Dees a 255 closure have to use the §270. l(d) certification?
>to, the closure is not a permit application or a permit report.
Source: Betty Zaller
Company A etor.es semiconductor silicon wafers. Corrany 3 use the wafers
to rnanufacture printed circuit boards. The two companies are totally
separate. Is company A's wastewater creatrienc sludge from the etching
process classified as a FOC6 waste?
Yes, the waste-water treatment sludge is regulated as FQC6. The
chemical etching is viewed as electroplating, even though the
Background Document on electroplating die not include tne etching
process. The Background Document was overly narrow in including
only the manufacture of printed circuit boards and excluding
etching.
Source: Bill Sprcat and Myles Morse -
Several delisting petitioners have received temporary exclusions from
FOA for their listed waste streams based on leachable nickel concentra-
tions of 20ppm. What was the basis for the 20ppm level?
The Ambient 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 che 20 pom
nickel concentration.
Source: Bill Sproat and Myles Morse
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|0 - Do portable treatment -3 connected to a process unit meet the totally
enclosed treatment exclusion?
Yes, if the unit when 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, pcrtaole
treatment units could be used at multiple facilities and be" excluded
fron regulation by 265.1(c)(9).
Source: Fred Lindsey
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