Final Monthly Report: RCRA/Superfund Industry Assistance And Emergency Planning And Community Right-To-Know Information Hotline Report. Mary 1983


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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
JUN 21 663
MEMORANDUM
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
SUBJECT: RCRA/SUPERFUND HOTLINE MONTHLY STATUS REPORT - May 1983
Toll Free - 800-424-9346
Wash DC/FTS- 382-3000	-	, .
FROM: Carolyn Barley, Project Officer ^"*7^
Office of Solid Waste ( 382-5235)	
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Questions/Answers (RCRA)
Correction to the April Hotline Report
The answer to the last question on page 2 of the April
Hotline.report is incorrect. The question and correct
answer are as follows:
Question: On March 16, 1983, EPA issued enforcement guidance
on the distinction between burning hazardous waste
for legitimate heat recovery and incineration. This
was followed by the April 4, 1983, proposal on the
new definition of solid waste which also deals with
heat recovery and fuel blending. Callers have asked
whether the burning of wastes or waste derived fuels
which have a relatively high BTU value but which are
laced with low BTU value constituents are currently
regulated or will be regulated under the proposed
definition.
Answer: The enforcement guidance was issued to reflect the
current status of the regulations (40 CFR 261.6).
The recycling of materials under the new proposal
more clearly defines those materials and processes
which need regulation. The current regulations take
into consideration intent or primary purpose (i.e.,
BTU value of constituents and the total material)
for a definition of legitimate recycling. The new
proposal says that if recovery is being carried out
in a unit which meets the definition of an incinera-
tor, it must be permitted, regardless of energy or
material recovery considerations.
Source:	Matt Strauss
Research: Tony Baney
Question: If a State with Phase I interim authorization does not
recognize a Federally listed waste as being hazardous
in that State, is a generator of that waste required
to notify under Section 3010 of RCRA?
Answer: Yes, the requirement to notify is based on whether
someone generates or transports hazardous wastes or
operates a TSD facility which handles hazardous waste
as defined by Section 3001, regardless of whether
that waste is regulated in a State with authorization
under Part 271.
Source: Gail Cooper, Tructt DeGeare
Research: Tony Baney, Irene Horner
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Question: The technical requirements of Section 264.226(c) state
that a "qualified" engineer must provide certain
certifications. Does this mean a registered profes-
sional engineer?
Answer: No, this section was specifically worded to broaden
the range of engineers beyond the professional engineer
to include others whose training or background would
qualify them.
Source: Fred Lindsey, Ken Shuster
Research: Denise Wright
Question: The April 1, 1983, FR amends the Consolidated Permit
Regulations (40 CFR Parts 122-124) by physically
deconsolidating and reorganizing the regulations in
order to make them easier to understand and use.
While there are no substantive changes, the FR notice
contains a number of citation errors, e.g. tKe titles
to Sections 270.20 and 270.21 do not agree with the
texts in those sections. A number of callers have
asked the Hotline how the April 1 amended regulations
should be used in view of these errors.
Answer: OSW recognizes that there are a number of errors in
the April 1, 1983, FR and plans to publish corrections
as soon as possible so that they will be included in
the latest Code of Federal Regulations which is updated
each July 1.
Question: To meet the requirements of the second year of ground-
water monitoring, must the first semi-annual analysis
of the contamination indicator parameters specified
in Section 265.92(b)(3) be completed by May 19, 1983?
If a resample is necessary, must that analysis also
be completed by the May 19, 1983, deadline?
Answer: The sampling and analysis of the contamination indicator
parameters should be completed by May 19, 1983. The
evaluation of this information should include the
comparisons of upgradient well mean values to the
initial background arithmetic mean established under
265.92(c)(2) for each parameter. This information
must be recorded for the annual ground-water report
required by 265.94(a)(2)(ii). Also by May 19, 1983,
the evaluation must include the comparison of down-
gradient mean established under 265.92(c)(2) for each
parameter. If a statistically significant change is
observed, the downgradient wells should immediately
be resampled and analyses should be performed to
determine if the change is real or due to human error.
By June 2, 1983, a report should be sent to the Regional
Administrator (RA) if the change is confirmed, in
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accordance with 265.93(d)(1). By June 17, 1983, if a
change is confirmed, a ground-water quality assessment
plan should be sent to the RA per 265.93(d)(2).
Source:
Research:
George Dix&ff.
Denise Wright
Question: 40CFR 270. 14(a) (formerly 122..25(a)) states in part
that "[c]ertain technical data, such as design drawings
and specifications, and engineering studies shall be
certified by a registered professional engineer."
Is there any guidance available on what technical data
must be certified?
Answer: The permit applicant should contact his/her permit writer
in the Regional Office to see if the permit writer has
specific technical information which requires certifi-
cation. This might include shell thickness tests or
load bearing tests for tank foundations. This regulation
does not require a professional engineer to certify the
entire permit application. Certification can be required
to demonstrate to the permit writer that certain
technical data is true and accurate and that particular
facility structures and equipment will perform in
compliance with the regulations.
Source:
Research:
Dave Fagan
Tony Baney
Question: Subpart G requires that closure/part closure cost
estimates be adjusted annually for inflation. What
is the latest implicit price deflator?
Answer: The annual implicit price deflator for 1981 is 195.51.
This is the latest figure available for 1981, as revised
in July 1982.
The annual implicit price deflator for 1982 is 207.15.
This is the latest figure available for 1982, as revised
in March 1983.
The inflation factor to be used for cost estimates
in Section 265.142(c) and 265.144(c) is therefore:
207.15 = 1.06
195.51
If the closure cost estimate is $54,500, the adjusted
closure cost estimate is
($54,500) x (1.06) ¦ $57,700
The figure for the previous year is calculated first
in January, then revised in February and March. In
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July, the figure for the previous year and several
other years is revised.
Source: Lee Bernstein, editor of Survey of
Current Business (523-0824).
Research: Karen Gale
Publications
The Office of Solid Waste has released the publication,
Ground-Water Monitoring Guidance for Owners and Operators of
Interim Status Facilities, SW-963 (revised March 1983). It is
available from the National Technical Information Service in
Springfield Virginia, order number PB 83-209-445 (Price: $17.50)
($4.50-microfiche).
Federal Register Notices
May 6 - Announcement of availability of revised Technical
Resource Documents (SW 867-874) from the Govern-
ment Printing Office
May 10 - Proposed rule for handling receipt of incomplete
Part A's of the RCRA permit application
Proposed rule for retaining ground-water monitoring
data
Proposed rule for automatic transfer (with certain
conditions) of RCRA permits to a new owner
May 13 - Notice of intent to identify classes of hazardous
waste management facilities and their associated
risks in order to promulgate financial responsi-
bility requirements under Section 108 (b)(1) of
CERCLA
May 17 - Phase I interim authorization granted to Guam
- Reopening of comment period to amend EP toxicity
(261.24) to include only the hexavalent form of
chromium instead of total chromium
May 20 - Reopening of comment period and notice of
availability of information on wastes produced
during the production of chlorinated aliphatic
hydrocarbons (Cl-5)
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ADDRESSEES
John Skinner, WH-562
Mike Cook, WH-562
Eileen Claussen, WH-562
John Lehman, WH-565
Fred Lindsey, WH-565
Bruce Weddle, WH-563
Lee-Daneker, WH-562
Stephen Lingle, WH-565
Alan Corson, WH-565
Ken Shuster, WH-565
William Sanjour, WH-563
Truett DeGeare, WH-563
Steve Levy, WH-563
John Thompson, WH-563
George Garland, WH-562
William Hedeman, WH-548
Elaine Stanley, WH-548
Kenneth Biglane, WH-548-A
Lee Herwig, A-107
Henry Van Cleave, WH-548-B
Russ Wyer, WH-548-E
Bill Hanson, WH-548 -E
Mary Ann Froehlich, WH-548-D
Carole Lawson, A-107
Marc Jones, PM-220
John Palmisano, PM-223
Sam Napolitano, PM-220
Gene Lucero, WH-527
Frank Biras, WH-527
Tony Montrone, WH-527
Pete Rosenberg, WH-527
Mike Kosakowski, WH-527
Barbara Elkus, WH-527
Tony Baney (Hotline)
Beverly Spotswood (Hotline)
Susan Moreland (ASTSWMO)
Hazardous Waste Division Directors, Regions I-X
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