A \ 4 3QC'^V UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 JANUARY 31, 1983 MEMORANDUM OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE FROM: TO: uuv^U1. lUljiV X Toll Free - 800-424-9346 r i. .1. /¦ l«W i •vaan u„/rT5 JO^-Juuu Carolyn Barley, Project Officer / . / _O^L/ /v' Office of Solid Waste (382-5235)^ a/Cy^" y Barbara Hostage, Project Officer s7-tyOoiCU*Ls Office of Bnergency and Remedial Response (382-7926) » Addressees (see attachment) General The Hotline Staff responded to 2,602 calls in December. Approximately S3* of the callers requested information on the RCRA or CERCLA regulations and 17% asked general regulatory questions or requested publications. Technical questions on RCRA totaled 1,74S, technical questions on CERCLA totaled 396, and document requests totaled 261. Most Frequently Asked Questions Requests for copies of the National Priority List (NPL); What does the list mean; How was the list determined? (254 calls) What regulations apply to a small quantity generator? Is my waste a listed waste? A characteristic waste? Who files the annual report? Can I file the non-regulated generator status sheet if I recycle listed wastes on site? How should labpacks be designated on the annual report? Why did the handling codes change for the annual report? fcfriat ground water monitoring data should be submitted with the annual report? ------- -2- Which States have interim authorization for Phase I? Phase II? Would total sales and revenue for the nonsudden liability financial test be reported as gross or net? Is my release subject to reporting under CERCLA section 103(a)? wnat riiianciaj. requirements neea co oe met.' Is there going to be a 1982 annual report? Does the effective date for the Part 264 requirements for surface impoundments affect ray operation during interim status? Answers to Certain Questions - RCRA QUESTION: Facilities in Missouri received letters in December 1980 from the State DER stating that Missouri had entered into a cooperative agreement with EPA. Because of the agreement, generators understand that they file their annual report forms with Missouri, rather than with EPA. Is this true? ANSWER: The facilities are required to submit annual reports to Region VII by January 10, 1983, unless a report had been submitted by August 1, 1982. Region VII has informed generators of their obligations to EPA. SOURCE: Truett DeGeare and Marty Madison RESEARCH: Tony Baney and Denise Wright QUESTION: The preamble of the July 26, 1982, FR, p.32315, mentions the exemption frcm the liner requirements for existing portions, i.e., bottcm liners Is the exemption only for bottcm liners? ANSWER: The exemption applies to bottcm and side liners. QUESTION: SOURCE: Al Geswein and Chris Rhyne RESEARCH: Denise Wright If a generator disposes of waste dcwn a sewer to a POTW, does the generator need to obtain a generator ID number? JWSWER: Section 262.12(a) states that a generator must not treat, store, dispose, transport, or offer for transport hazardous waste without having received an EPA ID number. If the generator is not doing any of these activities, he does not need an ID number. If the generator is accumulating waste according to §262.34, accumulation is-a form of storage, and an ID number would be required. SOURCE: Rolf Hill RESEARCH: Tony Baney and Denise Wright ------- -3- QUESTION: Does a TSDF have to include information on its accumulation area (§262.34) anywhere in a Part B submission, such as the contingency plan? ANSWER: The accumulation area is subject to Part 265 requirenvents, not Part 264 and would not be part of a Part B submission* The area would be represented on the facility map, however. ovajw_c<: ojiu ^04.nyjU) RESEARCH: Denise Wright QUESTION: According to §265.176 ignitable and reactive wastes have to be stored 50 feet iron the property line. Can a facility store ignitable and reactive wastes if part of the 50 feet includes leased land? ANSWER: Yes, but the lease should specify that the lease continues in force if the land is sold to another owner. Part B of the permit should notp that part of the buffer is leased. SOURCE: RESEACH: Debbie Wolpe Irene Horner QUESTCN: Section 122.31(d) requires "Existing Class IV wells which inject hazardous waste directly into an underground source of drinking water are to be eliminated over a period of six months and new such Class IV wells are to be prohibited. Class V wells will be inventoried and assessed and regulatory action will be established at a later date." Have those Class IV wells been eliminated? Have the Class V wells been inventoried ? ANSWER: The Part 122 regulations for UIC specify the requirements for State program authorization. Currently six States have prilnacy; 11 States are pending. The inventory will be conducted by che States seeking primacy, and EPA will conduct the inventory in other States. For instance, New York does not plan to seek primacy, so EPA will conduct the inventory there. The six months mentioned relative to the Class IV wells is six months after a State receives primacy. The Class IV wells that inject waste above an Underground Source of Drinking Water (USEW) can continue operation but cannot change frcm current waste types or volumes. Regulations will be promulgated sometime in the future. If a Federal permit was not issued for the well, then any release over the reportable quantity would require a notification under 103(a) or (b) of CERCLA. QUESTION: If after a closure plan is approved, certain applicable closure regulations change, does the closure plan have to be modified to ccmply with the new regulations? ANSWER: The Region would decide on a case by case basis and would consider effective date of the changes to the regulations and the progress of the closure underway. Source: Scott Biehl Research: Irene Horner ------- -4- QUESTION: If a permitted facility plans to handle wastes not included on the original permit, does the permit have to be modified? ANSWER: Adding new wastes would be a major modification since §122.17, minor modifications do not include addition of wastes. In permit applications, §122.25(a)(2) chemical analysis does not require identification of wastes according to Part 261. The facility should list all potential wastes on the Part A during interim status to minimize major changes in the permit latej\ Source: Debbie Wolpe Research: Tory Bancy and Irene Horner QUESTION: Within 90 days of finding a significant increase, the values for detection monitoring, §265.98(h)(4)(i) requires the owner/operator to identify the Appendix VIII constituents and proposed concentration limits under §264.94(a)(1) or (2). How can the background values be determined so quickly? ANSWER: The proposed values are evaluated by the permit writer. Seasonal variations or the need for additional background monitoring may be considered on a case-by-case basis before a compliance program is outlined in the permit modification. SPECIAL PROJECTS On December 9, 1982, the Hotline attended a two-hour briefing on the National Priority List. The Hotline Staff has been working closely with Steve Caldwell, Joe Gearo, and other members of the Hazardous Site Control Division to coordinate appropriate responses to questions and the forwarding of publication requests. Typical questions handled so far include: What hazardous waste sites in my State are on the National Priority List? What information is available on these sites? What does inclusion on the NPL mean? What criteria were used in selecting the sites? How can my company offer services to sites? How will Superfund be used at sites? Does removal or remedial work already undertaken affect the score? When will the scores be available? Are Federal sites on the NPL? How far will CERCLA funds go? ------- -5- What is done to clean-up sites? What role do the States play? Hew much liability do responsible parties have? iivjw uicuiy boxes were reviewedi When will ray site be cleaned up? Because EPA granted an extension to sowe industries required to complete the RCRA Regulatory Impact Analysis survey, the Hotline is still receiving questions on the survey. The Hotline is also aiding the survey contractor in interpreting data received. Federal Register Notices December 10, 1982 - Notice that the National Oil and Hazardous Substances Contingency Plan is effective December 10, 1982 December 13, 1982 - Oklahoma received Phase II components A & B Interim Authorization December 13, 1982 - Regulatory Reform actions on the National Manifest, Class permits, Regulatory Inpact Analysis, regulation of new wastes and processes, recycling, and snail quantity generators December 30, 1982 National Priority List ------- |