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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460

OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
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SUBJECT: RCP^^TCRR^ H0TLIN"E MOiNxriLi SrAlUb KcHJKl' - Aigust 1^82
Toll Free - 800-424-9346
Wash DC/PIS - 382-3000
FROM: Carolyn Barley, Project Officer (_	_
Office of Solid Waste (382-4505)
Barbara Hostage, Project Officer	f
Office of Emergency and Remedial Response (245-3057)
TO:	Addressees (see attachment)
General
The Hotline staff responded to 2,830 calls in July. Approximately
56% of the callers requested information on the RCRA or CERCLA regulations
and 42% asked general regulatory questions or requested publications. Technical
questions on RCRA totaled 431, technical questions on CERCLA totaled 148, and
docunent requests totaled 1,015.
Most Frequently Asked Questions
1.	Is this a hazardous waste?
2.	Is there an annual report?
3.	Does my facility need retrofitting in order to ccrcply with the new land
disposal regulations?
4.	What is involved in closing a facility to avoid being a "regulated unit"
or "existing portion"?
5.	Specific questions on recycling - More generators appear to be considering
recycling as an attractive hazardous waste management option.
6.	is there a comprehensive list of hazardous substances under CERCLA?
7.	Do I need to notify the National Response Center for a particular spill?

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Resolution of Difficult Questions - RCRA
Question: The definition of "existing portion" (40 CFR 260.10) refers to the
"original Part A permit application." Does this mean the
first Part A submitted (before November 19, 1980, for most
facilities) or the last amended Part A submitted during interim
status?
Resolution: The term "original Part A" means the first Part A submitted which
fulfilled the requirements for interim status.
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Research: Karen Gale
Informal Guidance Memo - CERCLA
(For Use by Hotline Staff--Not Necessarily a Reflection of EPA Policy)
CERCLA does not have a mixture rule which would apply to the tax on
chemicals (26 USC 4661). The following questions have arisen for which
IRS has not formulated a clear policy.
Question: Is the CERCLA tax on chemicals (26 USC 4661) for dry weight? How is
tax on liquids computed?
Guidance: No regulations or formal guidance have been issued to address
these questions. The IRS plans to promulgate regulations regarding
these taxes this Fall. Currently, people are "using their best
judgement." If there is an under payment, there probably would not b
a penalty, but back taxes and interest would be due.
Question: Ethylene is polymerized into polyethylene. How is the tax calculated?
Guidance: Polyethylene is recognized and sold as an ethylene product. The tax
would be imposed on the weight of the monomer in the polymer.
Question: Chromium alloys contain between 1% and 99% chromium. How is the tax
calculated?
Guidance: If a material is sold in a recognizable form (e.g., Chrome Alloy 75%)
as opposed to a non-recognizable form (e.g., stainless steel, an alloy
with an unspecified amount of nickel), the first material would probably
be taxed and the second material probably not.
Source: Cynthia Clark, IRS, (202) 566-4351
Research: Irene Horner
Question: What is a "foreign trade zone" as defined under "United States" in USC
4612 (a)4(c) of CERCLA?
Guidance: A "foreign trade zone" is an area within the United States where a
foreign company may operate and be subject to the general customs
laws and not be required to file entry summaries. The company would
have knowledge that it was operating within a foreign trade zone
because the zone is specifically designated by the Federal government.
Source: Cynthia Clark, IRS (202) 565-4357
Research: Denise Wright

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(3)
Question: Section 311 of the Clean Water Act requires EPA to promulgate spill
prevention regulations for liquid hazardous materials. This responsi-
bility now rests with the Office of Emergency and Remedial Response.
What 1s the status of these regulations?
Gudiance: On September 1, 1978, EPA proposed regulations on this subject under
40 CFR 151. No action has been taken on promulgating final regulations
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the form of a reproposal.
Source: Steve Heare, OERR 245-3057
Research: Karen Gale
Question: An industry has a contract with a dry cleaner to handle	soiled garments
which are contaminated with lead but are not EP toxic.	If the dry
cleaner subsequently is cited by EPA for release of the	lead (as
a hazardous substance), can the industry be held liable	under CERCLA?
Guidance: The industry can be held liable under Section 107(c) of	CERCLA.
Source: Coke Cherney, OGC
Research: Karen Gale
Special Projects
Regulatory Impact Analysis
The pre-test and telephone survey phases of the regulation impact analysis
full questionnaire survey has begun. The Agency will mail approximately 11,000
questionnaires to generators and 2,800 questionnaires to treatment, storage and
disposal facilities. Advanced notice letters have been mailed, and the Hotline's
role in this effort will be limited to answering questions by generators and
owners/operators regarding their status under RCRA and any other questions on
regulatory issues. Questions concerning the questionnaire will be answered on
a separate telephone number (800-638-8935) established specifically for this
purpose. We expect only a minimal number of calls to be generated by this
questionnai re.
Pennsylvania Environmental Research Foundation
Pennsylvania 1s one of the more than thirty states to have received interim
authorization. The State, in conjunction with the non-profit Pennsylvania
Environmental Research Foundation (PERF) has established the Hazardous Waste
Management Project's Information Center known as "Information 800." The purpose
of the Center is to provide Pennsylvania citizens and industries with information
on hazardous waste and the State regulatory program. On Friday August 13, 1982,
Eleanor Winsor and Deborah Watkins of PERF visited the Hotline to discuss training,
implementation, quality control, and other aspects of establishing and operating a
hazardous waste information service. Tony Baney and Carolyn Barley briefed
Ms. Winsor and Ms. Watkins on the RCRA/ Superfund Hotline operation.

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