\I"D STA~ZS ENVIRONMENTAL PROTECTION AGENCY
¦VASr!;iGTON O.C 20J60
MAR 15 i3c3
MEMORANDUM
CfTO TCr^1 ¦
FROM:
TO:
General
The Hotline Staff responded to 3,032 calls in February. Approximately
65% of the callers requested information on the RCRA or CERCLA regulations and
35% asked general regulatory questions or requested publications. Technical
questions on RCRA totaled 1,428, technical questions on CERCLA totaled 531;
general questions totaled 201; and document requests totaled 872.
Most Frequently Asked Questions
Is my waste a hazardous waste?
Can you explain EPA's recycling regulations?
Has the Agency promulgated its final rule on the National Uniform Manifest?
Do I have to file an annual report with EPA for hazardous waste activity
during 1982?
Since EPA has gone to a biennial report for hazardous waste activity, does
this mean I don't have to submit an annual report to my State?
What groundwater monitoring data am I required to sutmit to EPA oy March 1
of each year?
What is the current annual Implicit Price Deflator?
. •
RCFJV'SUPERFJND HCTL
Toll Free - 800-424-9346
Wash DC/FTS 382-3pQ0
p- <¦-. I,
Carolyn Barley, Project Office^
Office of^Solid Waste ( 382-522(5)
Barbara Hostage, Project Officer fioc>Jos
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between May 19 and June 19 of each year using the latest deflators
which are published every March. However, if a change in the
closure/post-closure plan occurs at any other tune and results in
increased costs, the closure/ post-closure cost estimates must oe
revised at that time ana updated annually thereafter (265.142(c),
264.142(c), 265.144(c)).
Most companies requesting the inflation factor were updating their
financial test letters and wanted to update their cost estimate to
coincide with the close of their fiscal year ending December 31,
1983. As the regulations are written, the financial test annual
update for fiscal year ending December 31, 1983, would cover the
May 1983 cost estimate. Callers are reminded that if their facilities
are in interim authorized States, the State — not the Federal —
financial requirements apply per 265.1(c)(4).
What States have interim authorization? What does Phase I vs.
Phase II authorization mean?
The caller is told which States have no authorization, interim
authorization, and final authorization. Phase I requirements are
outlined in 271.128 covering standards for generators, transporters,
and interim status facilities. Phase II authorization (271.129)
covers final permit standards granted in three components:
A (storage), B (incineration), and C (land disposal). For interim
authorization, the State program must be "substantially" equivalent to
the Federal program. Final authorization ij granted when the State
program is equivalent to the Federal one. '.sually, questions on
State authorization arise when the caller is preparing the financial
test update or a biennial report which leacs to additional discussions
on those requirements.
Do generators in interim authorized States send biennial reports
to the State and/or to the Region?
In interim authorized States, the State program is operating in
lieu of the Federal program (271.121(b)). The Phase I program
under 271.128 covers generator and interim status facility reporting
requirements. Hence, the biennial report (or annual report if the
State program is stricter) is required to be sent to the authorized
State — not the Region. North Dakota's Phase I authorization is an
exception to this rule, since it does not include reporting. Generators
in North Dakota must send biennial reports to Region 3 rather than to
to the State.
When will the Uniform Manifest appear in the Federal Register?
A Federal Register notice is expected in March 1984.
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- What is the status of the RCRA reauthorization bill?
The House of Representatives bill ?2867 passed on itovember 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 (House)
for information on these bills.
1$ 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 establish which criteria apply. While information supplied to eacn
caller varies, assistance is provided within the following general
framework. The generator muse 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 261.3L
(hazardous wastes frcm non-specific sources), 261.32 (hazardous
wastes from specific sources), 261.33 (discarcea commercial 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 toxicity).
- What regulations currently apply if I recycle my 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). If the waste is a
sludge (260.10) or is listed (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 (ccmmerical chemical products) does not become a hazardous
waste if it is recycled or reused, so the hazardous waste regulations
do not apply.
- 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 is subject to the
Part 270 permit requirements.
CERCLA
- Questions on specific National Priority List sites.
The paragraph descriptions in the Hazardous Waste Site Descriptions
(HW-8.1 and 8.2) are read to the caller along with information
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from the Project Tracking System Site Summary Report. For more
detailed information, callers are referred to the appropriate
Regional EPA Office or to the Headquarters Docket.
- If I spill a certain material, is it reportable under CERCLA?
The release of a material defined as a CERCLA hazardous substance
pursuant to Section 101 (14) of the Act must be reported to the
National Response Center (NRC) when the release into the environment
is equal to or greater than its reportable quantity (RQ). Until
final promulgation of the RQs proposed in the May 25, 1983, Federal
Reqister notice, the statutory RQs prevail for notification requirements
under CERCLA Section 103(a).
- Have the proposed reportable quantities for CERCLA hazardous substances
been finalized?
No, the reportable quantities proposed in the May 25, 1983, Federal
Reqister have not been finalized. A Federal Reqister announcement
is anticipated in April 1984.
- Who pays the hazardous waste tax that took effect October 1, 1983?
The tax, $2.13 per dry weight ton of hazardous waste, will be
paid to the IRS by both interim status and permitted disposal
facilities. The IRS promulgated final regulations on this tax in
the November 25, 1983, Federal Reqister. Fcr further information,
contact Ada Russo, Office of Chief Counsel, IRS (202) 566-4336.
III. New Substantive Questions/Answers
Is a telephone pole containing more than one pound of creosote which
is taken out of service and disposed of considered a hazardous substance?
A reportable event? Is its disposal regulated under CERCLA Sections 106
and 107?
Creosote is a CERCLA hazardous substance having a one pound report-
able quantity. Although the release of one pound of creosote to the
environment is reportable under CERCLA Section 103, the disposal of a
telephone pole is not considered a release from a facility; therefore
the event is not reportable. The disposal, however, is regulated under
CERCLA Sections 106 and 107.
Source: Rick Horner, OERR
RCRA
The Hotline has been asked to clarify a number of situations which involve
the 1983 biennial report.
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IE a generator treats, stores, or disposes of all waste on-site and is
subject to part 265 for that activity, (s)he should prepare a facility
report - not a generator report. Page 2 of the generator report should
read "All regulated quantities of hazardous waste that were generated
between January 1 and December 31, 1983 and which were not treated,
stored or disposed of on site must be reported on the generator form.
If a generator treats, stores, or disposes under part 265 and also sends
sbme of the waste off-site, (s)he should prepare a generator report for waste
shipped off-site and a facility report for waste treated, stored, or disposed
of on-site. If the waste is stored or treated before it is shipped off-site,
that waste should appear on both forms and be noted in the comment section
of both forms to identify that volume as being counted twice.
If a generator has only one interim status storage area for wastes accumulatec
less than 90 days as well as wastes stored over 90 days, (s)he should prepare
a facility report showing storage of all wastes and a generator report for
any waste shipped off-site, and note in the comment sections on both reports
those wastes counted on both forms.
If a generator only accumulates waste prior to a non-regulated activity,
such as recycling for K waste or elementary neutralization on-site, (s)he
should complete a generator report (Sections VIII, XIII, and XIV only).
In the conment section, (s)he should note "on-site recycling, elementary
neutralization, etc."
If a generator accumulates waste generated after October 1, 1983, (s)he
should still report that waste on a separate sheec of the generator
form completing only Sections VIII, XIII, and XIV per note on page 5
of the generator report. The generator should write "1983 Generated-stored
on site less than 90 days as of December 31, 1983" in the comment Section
XIV to show that the wastes were generated and not sent off-site or treated,
stored, or disposed of during 1983.
Section Xll-Waste Identification - if the waste described is a lab pack,
the generator should list the description "lab pack" and DOT shipping
name as well as amount. (S)he should leave the EPA waste numbers blank and
attach copies of the manifest so that all wastes numbers won't have to be
written on the form, and should add in the "comments" section "See attached
manifest copies for waste numbers."
Source: Bob Axelrad, OSW
The military claims open burning can be used to train soldiers in detonation
techniques. Under 261.6(a), they do not feel they need interim status
for their open burning area. Is this legitimate recycling?
This is not considered legitimate recycling. The facility must
have interim status.
Source: Alan Corson, Matt Straus, OSW
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An owner/operator of a disposal surface impoundment proposes to lower
the dikes of the impoundment at closure and cap to avoid several feet of
fill. Since the impoundment is in a 100 year floodplain, must the owner/
operator show compliance with 264.18(b) during post-closure?
Even during post-closure, compliance with 264.18(b) is required.
If the dikes are lowered, the owner/operator would have to demonstrate
that the design of the cap, etc. will prevent washout, or if washout
occurs, there will be no adverse effects on human health or on the
environment.
Source: Alex Wolfe, OSW
Section 261.21(a)(3) states a solid waste will be an ignitable hazardous
waste if it is an ignitable compressed gas as defined in DOT's regulations
49 CFR 173.300, and as determined by the test methods described in that
regulation. 49 CFR 173.300 defines "flammable compressed gas" but not
"ignitable."
Section 261.21(a)(3) refers to a flammable compressed gas, rather
than an ignitable compressed gas.
Source: Jim Poppiti, OSW
An interim status container storage facility has a surface impoundment
without interim status. The surface impoundment is used for storage
of stormwater run-off from the facility and parking lot. The sludge
that has accumulated in the impoundment has becar.e EP toxic due to
lead. Can the surface impoundment qualify for interim status since it
was in existence on [November 19, 1980, and is now generating a hazardous
waste? Does this impoundment meet the definition of "existing portion"?
According to the Novemoer 19, 1980, Federal Register, page 76633,
a facility that determined on August 18, 1980, that its solid waste
was not hazardous may retest that waste after November 19, 1980
and discover that the waste now exhibits a Subpart C characteristic.
If the facility files Part A of the permit application within 30
days of discovering that the waste is now hazardous, the facility
should qualify for interim status. In this case, the facility
could revise its Part A to include the surface impoundment. The
impoundment meets the Lntent ot "existing portion" and does not
need a liner since the impoundment was in existence for waste
management before Novem£>er 19, 1980, and has received hazardous
waste prior to permit issuance.
Source: Fred Linasey, Debbie Wolpe, OSW
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Section 265.223 requires surface impoundments with earthen dikes to
have a protective cover. Does 264, Subpart K have a similar requirement?
If not, would an interim status facility need to comply with this
interim status requirement prior to permitting?
The January 12, 1981, Federal Register did have a 264.223 requirement
for protective cover on a dike. However, the July 26, 1982, Federal
Register regulation replaced the 1981 version, and Part 264.223
is now reserved. Regulation 264, Subpart K indirectly addresses
protective cover through the 264.221(d) and 264.226(b)(4) performance
standards. RCRA guidance specifically recommends protective cover
(see Draft Permit Writers Guidance Manual for Hazardous Waste Land
Treatment, Storage, and Disposal Facilities, Volume 1, page 6-79,
October, 1983). An interim status facility would need to comply
with the Part 265 requirement prior to permitting.
Source: Chris Rhyne, OSW
ANALYSES OF QUESTIONS
The Hotline responded to 3,546 questions in January. Of the
questions-
Consultants asked
TSD Facilities
Generators
State Agencies
Citizens
Other
EPA Regional Offices
EPA Headquarters
Federal Agencies
Transporters
38.2%
20.9
17.4
8.0
4.1
3.3
3.1
2.0
1.9
1.1
More questions were asked by callers in Region 5 than in any
other Region.
EPA Region
%
5
3
2
4
6
9
1
8
7
10
19.1
18.3
16.4
13.9
9.1
7.3
6.6
3.8
3.3
2.2
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Breakdown of Questions by Subject
RCRA
General Information 123
Notifications (3010) 36
Definitions (260.10) 25
Petitions/Delisting 260.22 24_
Definitions (261.2 & 261.3)
Exclusion (261.4) 56_
9nall Quantity Generator (261.5) d4
Recycling/Reclamation (UR3) (261.6) 103
Container Residues (261.7) 97_
Waste ID (261 C & D) 351_
262 Manifest Information (262.21) 437
Pre-transport/Accumulation 53_
Recordkeeping/Reporting 95_
International Shipments 7_
263 Transporter 21_
270 B - Permit Application 75_
D - Changes to Permits 2
F - Special Permits 2.
G - Interim Status 40_
271 state programs 134
124 Decision Making £
TSDF A - Scope/ApplicaDility/Lnminent Hazard 69_
B - General Facility Standards 27_
C - Preparedness & Prevention 2.
D - Contingency Plans/Emergency Procedures 8_
E - Manifest (receipt/reporting) 60_
F - Groundwater Monitoring 58_
G - Closure/Post-Closure 58_
H - Financial Requirements 7_1_
I - Containers 8_
J - Tanks 4_
K - Surface Impoundments 25_
L - Waste Piles -
M - Lanci Treatment £
N - Landfills 34
0 - Incinerators 23^
P - Thermal Treatment 4
Q - CPB Treatment -
R - Underground Injection -
X- Misc Facility 3
266/267 l
CERCLA General Information 60
HzSubs/RQ/103c 196
HzS i te/NPL/104 124
NCP 15
Taxes/IRS 35
Liability, Enf, Im Haz 32^
Other/Referrals 205
Document Request
Free Liquids 565
Others 432
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Federal Register Notices
January 3 - FR 185
January 4 - FR 427
January 5 - FR 585
Fiscal Service - Surety Company acceptable
on Federal bonds: Southeastern Casualty
and Indemnity Insurance Co., Inc.
Data gathered to support rulemaking petitions
to exclude lime neutralized waste pickle
liquor sludge (formerly K063) from regulation
is available cor comment in RCRA docket until
February 21, 1984. Comingling with organic
waste streams increases EP leach capaDility.
(Jacqui Sales)
Second extension for Maryland Interim
Authorization to submit application Eor
Phase II, Components B and C by February 1,
1984, and to submit Final Authorization by
July, 1984. (July 26, 1983, Federal Register
first extension)
574 - Coast Guard final rules 33CFR Part 1 to
respond to CERCIA releases in the coastal
zone. Authority delegated to Coast Guard
personnel.
576 - Coast Guard final rule 33CFR Part 153
designated personnel to remov? oil and
hazardous substances for actual discharges
or substantial threats.
January 13 - FR 695 -
January 19 - FR 2324 -
January 24 - FR 2891 -
2893 -
2894 -
January 30 - FR 3674 -
Second extension for fforth Dakota and Utah
Interim Authorization to submit Final
Authorization application by March 22, 1984.
(July 29, 1983, Federal Register first
extension)
Justice Department RCRA Consent Decree with
Hooker Chemicals and Plastics Corp.
Arkansas, Interim Authorization, Phase II,
Component C granted.
Louisiana, Interim Authorization, Phase II,
Components A, 8, and C granted.
Vermont, Interim Authorization, Phase II,
Components A, B, and C grantee.
Extension of Comment period to February 17,
1984 for Test Protocols for Determining the
"Free Liquid" Content of Hazardous Waste
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OSW PUBLICATION LIST (SW 203)
SW-846 (2nd Edition)
OSW-00-00-865
SW-867 May 6, 1983, FR
announcement of GPO
availability.
SW-868 "
SW-869
Siv-870
SW-871
SV/-872
SW-873
SW-874
OSW-00-00-877
OSW-00-00-886
OSW-00-00-337.1
(see 784 & 688)
SW-889
Test Methods for the Evaluation of Soiid
Waste (Physical/Chemical Methods)
(005-002-81001-2, $55.00)
Hazardous Waste Facility Siting: A Critical
Problem (U.S. EPA, 1930)
Evaluating Cover System for Solid and
Hazardous Waste (GPO 055-000-00223-2,
$4.75)
Hydrologic Simulation on Solid Waste
Disposal Sites. (Call: Wally Fince,
NTIS, 703 487-4801 for Computer Hook-
up.) (GPO 055-000-00225-3, $6.00)
Landfill and Surface Impoundments
Performance Evaluation (GPO 055-000-
00233-9, $5.00)
Lininy of Waste Lmpounainent and Disposal
Facilities. GPO 055-000-00231-2, $11.00
Management of Hazardous Waste Leachate
(GPO 055-000-00224-0, bil.00)
Guide to the Disposal Chemically
Stabilized and Solidif :-=d Wasti (GPO
055-000-00226-6, $6.00)
Closure of Hazardous Surface Impoundments
(GPO 055-000-00227-4, $5.50)
Hazardous Waste Land Treatment (GPO
055-000-00232-1, S11.00)
"Hazardous Waste: No Quick Winners"
Presented by T.F. Williams at the
Conference on the Disposal and Shipping
of Radioactive and Toxic Wastes on
March 31, 1980
Groundwater Protection (U.S. EPA, 1980)
Waste Exchanges; Background Information
(U.S. EPA, 1980)
Engineering Handbook for Hazardous Waste
Incinerators (NTIS PB81-248 163, $34.50)
OSW-OO-OO-894
Hazardous Waste Generation and Corrmercial
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Hazardous Waste Management Industry (U.S. EPA,
1980)
0SW-00-00-894.1 Review of Activities of Major Firms in the
Commercial Hazardous Waste Management
Industry: 1981 Update (U.S. EPA, 1982)
SW-894.2 1982 Update from Sain Napolitano, Office of
Policy Analysis, 2U2-382-27dO.)
0SW-00-00-898 "Siting Hazardous Waste Facilities:
(see 365 & 809) Everybody's ResponsiSi 11ty" (U.S.
EPA, 1980)
0SW-00-Q0-900 Hazardous Waste Facilities: Financial
Responsioi1lty A Summary of the Regula-
tions (U.S. EPA, 1981)
OSW-00-00-902 Hazardous Waste Facilities: Closure
and Post-Closure Care Requirements:
A Summary of the Regulations (U.S. EPA,
1981)
0SW-00-QQ-904 Hazardous Waste Facilities: Storage/
Treatment Standards: : Summary of the
Regulations (U.S. EPA, .331)
0SW-00-00-907 Hazardous Waste Faci lives Requirements
for Incinerators (U.S. i?A, 1981)
OSW-QO-OO-908 Hazardous Waste Facilities Requirements
for Incinerators (U.S. EPA, 1981)
OSW-00-00-909 Listing of Waste Oil as a Hazardous
Waste: Report to Congress (U.S. EPA,
1981)
0SW-00-00-91Q Remedial Actions at Hazardous Waste
Sites; Survey and Case Studies (U.S.
EPA, 1981)
0SW-00-00-915 RCRA Personnel Training Guidance
Manual: for 0/0 of HW Management
Facilities. A draft. Fred C. Hart.
July 24, 1931 and July 3, 1930. Wot
aval 1able.
USW-00-00-921 Plans, Recordkeeping, Variances, and
Demonstrations for Hazardous Waste
Treatment, Storage and Disposal Facilities,
A Guidance Manual for Interim Status
Requirements (waste analysis, contin-
gency plans, ground water assessments,
operating records)
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0SW-00-00-934 Administrative Procedures for RCRA Permits,
A Guidance Manual (U.S. EP.h, 19o 1 )
SW-935 EPA/DOT Hazardous Waste Transportation
Interface Guidance Manual (NTIS P8 32-
182 361 , SIU.50)
0SW-0U-00-939 Hazardous Waste Regulations Under RCRA:
A Summary (U.S. EPA, 1931)
0SW-00-00-940 Small Quantity Generators of Hazardous
Waste (U.S. EPA, 1981)
SW-942 Using Compensations and Incentives When
Siting HWMF's (GPO U55-000-J0221-5,
$4.50)
0SW-00-00-943 Reporting and Recordkeeping Under the
Resource Conservation and Recovery Act,
Subtitle C, Burden Reduction Options:
Status Report (U.S. EPA, 1981)
SW-955 Financial Assurance for Closure/Post
Closure Care (MTIS PB 32-231 59b,
$21 .00)
SW-957 Draft Manual for Infect'ous Waste
Management (uPO O5b-O0C-JU223-l, 56.00)
0SW-00-00-959 Controlling hazardous .-.iste Under RCKA
Land Disposal Regulations: An Outline
of the Federal Register (Vol. 47, ;jo. 143)
(U.S. EPA, 1982)
0SW-00-00-960 Hazardous Waste Information Stanaaras
for Permitting Land Disposal Facilities
(U.S. EPA, 1982)
0SW-00-00-961 Liability Coverage: Requirements for
Owners ana Operators of Hazardous
Waste Treatment, Storage and Disposal
Facilities (U.S. EPA, 1932) (Also NT IS
PB 83-144 675, ill .50)
0SW-00-00-962 Feaeral Financial Requirements for
Owners and Operators of Hazardous Waste
Treatment, Storage and Disposal Facilities:
A Summary (U.S. EPA, 1932)
SW-963 Ground Water Monitoring Guidance tor
Owners ana Operators of Hazardous
Waste facilities. (Call NT IS for
availability of Draft, PB 83-209 445,
SI 7.50)
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0SW-00-00-964
SW-966 August 12, 1983
FR.
OSW-OO-OO-967
Inventory of Open Dumps (U.S. EPA,
.1983) (A1 so NT IS PB 83-209 361, S13.00)
Guidance Manual for Hazardous Waste
Incinerator Permits (NTIS PB 34-100
577 , 514.50)
The Resource Conservation ana Recovery
Act: What It Is and How It Works,
U.S. EPA 1983. Out of print 1/34.
May be reprinted by Office of Puolic
Awareness. Contact Carol Lawson,
FTS-382-4387
0SW-00-00-968
Permit Applicants' Guidance Manual for
the General Facility Standards of
4U CFR 264 (U.S. EPA, 1983)
Addressees/Phone Numbers
NaN^onal Technical Information Service (NTIS)
(PhoV: 703-487-4650)
5285 PoW Royal Road
Springfield, Virginia 22161
Superintendents.^ Documents
(Phone: 202-783>S238)
U.S. Government PrSqtiny Office
Wasnington, D.C. 20^2
Jonn Skinner, WH-562
Mike Cook, WH-562
Eileen Claussen, WH-562
John Lehman, WH-565
Bruce Weddle, WH-563
Lee Daneker, WH-563
Elizabeth Cotsworth, WI^-563
Stephen Lingle, WH-56^
Alan Corson, WH-565
Ken Shuster, WH-565/
Dale Ruhter, WH-56^
William Sanjour, JflH-563
Truett DeGeare, 10H-563
Steve Levy, WH-663
Peter Guerrero.',. WH-563
John Thompson^ WH-563
Georye Garland, WH-562
William Heoeman, WH-548
ElaineStanleV, WH-548
Kenneth Biglane, WH-548A
Henry Van Cleave, WH-5483
Russ Wyer, WH-543E
Bill Hanson, WH-543E
Mary Ann Froehlich, WH-548D
Carol Lawson, A-107
Marc Jones, PM-220
John Palmisano, PM-223
Sam Napolitano, PM-220
Gene Lucero, WH-527
Frank Biras, WH-527
Lee Herwig, A-104
[ony Montrone, WH-527
Pet^RosenDery, WH-527
MikeN^osakowski, WH-527
BarDarasn kus, WH-527
Hotline
Alvin K. JoeNJr., Geo/Resource
Susan Morel and cASTSWHO)
Diane McCreary, Re^on III Library
Hazardous Waste Division Directors, Regions I - X
Hazardous Waste Branch Chiefs, Regions I - X
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