UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON,. D C. 20460 22 FEB 1983 uwiAnmrnmi SUBJECT: FROM: TO: General The Hotline Staff responded to 4,580 calls in January. Approximately 59% of the callers requested information on the RCRA or CERCLA regulations and 41% asked general regulatory questions or requested publications. Technical questions on RCRA totaled 1,535, technical questions on CERCLA totaled 572, and docunent requests totaled 1,235. Most Frequently Asked Questions What is the status of the 1982 Annual Report? When doing groundwater monitoring under Part 265, do I compare my upgradient well data to the dcwngraaient well data; or do I ccmpare the downgradient data to the previous year's downgradient data? Is my waste a hazardous waste? Are the land disposal regulations effective January 26, 1983? With what regulations does my disposal facility canply after January 26? Questions on complying with the January 16, 1983, deadline for non-sudden and accidental liability insurance. Why _iŁ a site in my ccnmunity on the National Priorities List? Why isn' t a site in my ccnmunity on the List? What is the purpose of the National Contingency Plan? A \ "322/ RCRA/SUPERFUND HOTLINE MONTHLY STATUS REPORT - January 1983 Toll Free - 800-424-9346 Wash DC/FTS 382-3000 Carolyn Barley, Project Officer Office of Solid W&ste (382-5235) 7 Barbara Hostage, Project Officer )6a^6a/ici> 1 Office of Emergency and Ranedial Response (382-7917) Addressees (see attachment) ------- What criteria were used to score the National Priority List? Are the sites on the NPL listed in order of funding priority? What will be done to clean-up the sites? What role do the States play? Hew much liability do responsible parties have? How many sites were reviewed? When will, my site be cleaned up? QUESTIONS/ANSWERS - RCRA Question: Can a transporter consolidate manifested shipments of hazardous waste at a transfer facility by transferring wastes in druns to a tank truck for bulk delivery to a TSDF? All of the druns contain wastes with the same DOT shipping description. Answer: If the transporter were ccmbining waste with different DOT shipping descriptions into a single container, the transporter would be mixing wastes and must canply with the Part 262 regulations. Since in this instance no mixing of different EOT waste types occurs, there is no requirement for a new manifest. (The preamble to the Dec. 31, 1980, interim final rule on storage by transporters at transfer facilities solicited ccrments on. whether regulatory controls over the consolidation of shipments and mixing of hazardous waste by transporters is warranted). If the containers are empty according to section 261.7, they are not subject to further RCRA regulations. Source: Carolyn Barley, Rolf Hill, anu Claire Welty Research: Irene Horner Question: A wastewater which is not identified or listed in 40 CFR Part 261 is placed in a surface impoundment for dewatering. A constituent of the wastewater is reactive when dry. Does the surface impoundment becane subject to RCRA if it never dries out during its active life? Answer: The surface impoundment becanes subject to RCRA when it dries cut after receiving its fine>.l volume of waste. If the waste is iinnediately removed as it becanes reactive (dewatered), then the operator would be a generator for that waste. If the waste dries out first and becomes reactive, then the surface impoundment would be subject to the regulations. Source: Fred Lindsey Research: Irene Horner -2- ------- Question: The citation in paragraph 2 of Section 122.23(e), "Grounds for termination of interim status" is incorrect. What is the correct citation? Answer: The correct citation is Section 122.22(a)(5) or a direct referral to Section 3005(e) of RCRA. Source: Debbie Wblpe Research: Karen Gale miuL to uic ^i.ciiv,c kctweai a ntcuixi.et>c ui&crepancy anu an unmanifested waste? Answer: Unmanifested wastes are wastes which are not accompanied by shipping documents which meet the information requirements of section 262.21. That is, if any of the information re- quired by section 262.21 is not on the shipping docunent, the docunent does not meet the definition of a manifest. Manifest discrepancies are differences between the quantity or type of waste designated on the manifest or shipping paper and the quantity or type of waste actually received at a facility. Source: Rolf Hill Research: Irene Horner Question: What is the difference between "cancellation" and "ter- mination" of an insurance policy under Section 264.151(i) (2)(d) and (e)? Answer: Cancellation occurs during the active life of the policy (i.e., cancellation for non-payment of the premium). Termination occurs when a policy runs its course and is not renewed. Source: Bniiy Sano Research: Karen Gale Polychlorinated Biphenyls Seme confusion has arisen regarding whether PCB materials (substances having a PCB concentration of 50 ppn or greater) are regulated under RCRA. The confusion seems to have resulted frcm a memo fran OSW, OTS, and Enforce- ment to Region IV concerning a facility in that Region. The memo was interpreted by Glen Kuntz, OTS to mean that if a PCB material regulated under 40 CFR Part 761 is also identified or listed in 40 CFR Part 261, it is subject to regulation under both TSCA and RCRA. While the RCRA regulations are silent on this issue, several preamble references (45 FR 33086 and 33173, 46 FR 2846, 7668 and 22145) state that until RCRA incor- porates PCB disposal regulations, the management of PCB's remains under TSCA PCB regulatiotiar This interpretation was confirmed by Lisa Friedman (OGC) and passed along to. Glen Kuntz. -3- ------- SPECIAL PROJECTS The number of document requests and CERCLA technical questions in- creased sharply during January. This increase is attributed to the December 30, 1982, publication of the National Priority List. The Hotline has received over 600 requests for this publication and for information on the sites listed. On January 19th, Tony Baney, Jack Kooyocmjian, Barbara Hostage, and Mike Barclay met with Lt. Harlin Henderson and LTJG Carla Ridnour at the Mat* 1 nnal Pocrysneo Panfay TK® NFC personnel on the regulatory impact analysis for the "reportable quantity/designation of hazardous substances" rulemaking package. NliC supplied sane of the raw data which went into the package and had requested a briefing on the results. A tour of the facilities was also provided. On January 28th, Tony Baney and Carolyn Barley met with John Palmisano, OPRM to discuss the development of an information management system which would facilitate compliance with RCRA by using Agency generated environ- mental auditing procedures. Mr. Palmisano plans to visit the Hotline to gain a better understanding of the types of questions received and the processes used to answer those questions. FEDERAL REGISTER NOTICES January 3, 1983 Proposed Rule - amends section 262.34 to allow satellite accunulation January 10, 1983 ANPRM - Department of Interior requests information for rulemaking for Section 301(c) of CERCLA January 11, 1983 California Phase II Component A' interim authorization (excludes surface impoundnents) January 19, 1983 Final Rule - clarifies that permits are not needed for immediate response to discharges (spills) January 19, 1983 Proposed Amendment - applicability of Part 265 to facilities which fail to fully qualify for interim status January 20, 1983 Interim Final Rule - amends wording of section 261.6 (b) to clarify applicability to ocnmercial chemical products. Also, updates applicability of Part 264, subparts A-L to certain recycling facilities January 27, 1983 Permit Advisory Carmittee announcement January 28, 1983 Final Rule - generator, treatment, storage, and disposal facility biennial report requirements January 28, 1983 Kentucky Phase II, Components A and B Interim Authorization January 28, 1983 Final guidelines for the Federal procurement of cement and concrete containing fly ash -4- ------- |