MISCELLANEOUS
DOC: 9560.01(84)
Key Words: State/EPA Coordination
Regulations:
Subj ect:
Addressee:
State Participation in the Development of EPA Programs
Guidance and Regulation
Kenneth Waeache, Director, Hazardous Waste Division,
State of Colorado
Originator: Glen R. Galen, Office of Solid Waste
Source Doc: See Miscellaneous [9560.06(84)1
Date: 6-28-8A
Summary:
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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9560.01 (84)
CERCLA '
- 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 CERCLA hazardous substance
according to Section 101(14) of the Act must be reported to the
national 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?
The tax, S2.13 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 Novemcer 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 and 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 the caller several questions
about the process, amount of waste produced, etc. in order to estaDlish
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 front non-specific
sources), 261.31 (Hazardous wastes from specific sources), 261.33
(Discarded contnercial 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 waste 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 tcxicity).
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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.
- Questions on the status of specific State program authorizations.
For basic questions on which. States have which type of authorization,.
the Hotline staff uses an in-house map which shows Phase I States;
Phase II A States; Phase II A and B States; Phase II A, B, and C States;
States with final authorization; and States with no authorizations.
For callers seeking more detail, e.g., when components of State programs
were authorized, or information on the status of extensions for filing
Phase II applications, resources used include State Programs Branch
memos, in-house lists, and Federal Register notices.
- When will the Uniform Manifest appear in the Federal Register?
A Federal Register notice is not expected until March 1934.
- What is the status of the RCRA reauthorizaticr. oili?
The House of Representatives bill 42867 passed on tovember 3, 1983.
The Senate, bill *S757 has not been voted on yet. Callers are
referred to Congress at (202) 224-3597 (Senate) or 226-3160 (Hous_
for information on these bills.
- Questions on the status of specific regulations.
Callers are referred to the latest regulatory agenda which appeared
in the October 17, 1933 r Federal Register.
- Has the small quantity generator limit been lowered to 100 kilograms?.
So, the small quantity generator limit is still 1,000 kilograms par
month under the Federal program. However, seme States may have a
lower limit. Also, when passed, the RCRA reauthorization bill may
lower the limit.
New Questions Asked This Month
RCRA
- Section 264.94(b) (i) ( iv) states that for establishing an alternate
concentration limit (ACL), the proximity and withdrawal rates of groundwater
users must be considered. How far from the hazardous waste unit must the
owner/operator look to determine the proximity of groundwater users to
his unit?
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•1 is not a canoe foe potential user consideration.
The jwner/operc it demonstrate that his ACL will be
attenuated or c .. over a certain distance so there will be
no adverse impac_ ...i any potential users or on the environment.
Source: Burnell W. Vincent
- Are 55 gallon drums that are found flattend and "empty" at a Superfund
removal site regulated under RCRA?
There is no way to determine if drums have been fully emptied per
Section 261.7(b)(l)(i). According to Section 261.7(bHl)( iiiMA),
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 Corson
CERCLA
- Why is a spill of an ignitable petroleum product Like gasoline considered
to oe 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 Wkter Act,
Section 112 of the Clean Air Act, Section 7 of the Toxic Substance
Control Act do not designate gasoline. Since gasoline is a
commercial 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 !se reportaole at the one pound RQ for
RCRA ignitable wastes. If waste gasoline- is spilled, the one-pound
RQ for RCRA ignitable waste applies.
Source: Rick Homer
- Is toluene excluded from 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 Homer
- 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 55,000
per day under Section 106(b). Section 106 action can be taken
when imminent and substantial endangerront and contamination exist.
Source: Doug Cohen
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