'4i UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE MTMTVD A MTV lu 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? ------- (2) 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. r* _ _ - _ p . . j • . j . i 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 ------- (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 ^ 1 mo T € ^ ^ f a ^ m m • * J - - • ^ - • w . — . . j y i ^ mwu i v< |^i vuuw i ^ wuinw 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. ------- |