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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D C. 20460
AUGUST 23, 1983
MEMORANDUM
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
SUBJECT: RCRA/Superfund Hotline Monthly Status Report - July 1983
Toll Free - 800-424-9346
Wash DC/FTS 382-3000
FROM:	Carolyn Barley, Project Of f i cer
Office of Solid Waste (382-5235) ^	^
Barbara Hostage, Project Officer	nodJaat^-
Office of Emergency and Remedial Response (382-7917)
TO:	Addressees (see attachment)
Genera 1
The Hotline Staff responded to 2,699 calls in July.
Approximately 78% of the callers requested information on the
RCRA or CERCLA regulations and 22% asked general regulatory
questions or requested publications. Technical questions on
RCRA totaled 1 , 263, technical questions on CERCLA totaled 844, ;
and document requests totaled 280.	1
This Month's Most Frequently Asked Questions and Answers
CERCLA
Will there be an extension of the July 25, 1983, comment
deadline for the NPRM on Superfund Notification Requirements
and Reportable Quantity Adjustments and the ANPRM on the
Designation of Additional CERCLA Hazardous Substances?
The comment period was extended through August 25, 1983
(August 2, 1983, F_R, pg. 34979 ).
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 when the
release into the environment 1s equal to or greater than
its reportable quantity. Until final promulgation of
the RQs proposed in the May 25, 1983, FJR Notice, the
statutory RQs prevail for notification requirements
under CERCLA section 103(a).

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When will the National Priority List be finalized?
Sometime this summer. No date has been given.
Do DOT'S new requirements (49 CFR 1 7 2. 324 ) for marking
containers holding a reportable quantity of a hazardous
substance apply to the list of CERCLA hazardous substances
defined in Section 101(4) of CERCLA?
These new marking requirements apply to those CERCLA
hazardous substances listed in 49 CFR 172.101 which are
the hazardous substances under the Clean Water Act (CWA),
section 311 and which are incorporated under CERCLA by
reference. Callers are referred to DOT for further
assistance on these marking requirements.
RCRA
Is 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 each
caller varies, assistance is provided within the
following general framework. The generator must
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
§261.31 (Hazardous wastes from non-specific sources),
261.32 (Hazardous wastes from specific sources), 261.33
(Discarded 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).
When will the uniform manifest be promulgated?
The Agency anticipates promulgation in September 1983.
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.

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How detailed must the analysis of my waste be for simple
storage at my interim status facility?
The caller is referred to §265.13 (General waste
analysis). The analysis must, at a mimimum, contain
all the information necessary to store the waste in
accordance with Part 265. Adequacy is determined on
a case by case basis by the Regional EPA office or
the State (if the State has interim authorization).
Further guidance can be found in Permit Applicant's
Guidance Manual for General Facility Standards (Draft-
June 1983) which is currently available in the EPA
Regional libraries.
What guidance is available on filing Part B of the RCRA
permit application?
The Part 270 regulations, particularly §270.14
(contents of Part B) are referenced and discussed.
Callers are advised of draft permit guidance documents
which should be available through the Regions. Specific
questions may be discussed with Headquarters staff,
but in general, callers are advised to work with the
Regional permit writers.
Is there going to be an extension of the August 2, 1983,
comment deadline for the proposed definition of solid waste?
No extension has been granted for the proposed definition
of solid waste.
Significant	Other Questions/Answers for This Month
RCRA
How does	a generator determine if a manufactured article
(such as	a battery) is a hazardous waste because of the EP
toxicity (40CFR 261.24) characteristic?
The EP toxicity test procedure (40CFR 261, Appendix II)
requires that a representative sample of the material
be prepared for extraction by crushing, cutting or
grinding the sample into pieces which can pass through
a 9.5 mm sieve. If after extraction, none of the
concentration limits listed in 40CFR 261.24, Table 1
are exceeded, the manufactured article is not hazardous
and can be disposed of in a sanitary landfill.
Manufactured articles that yield extracts which exceed
one or more of the concentration limits are hazardous
wastes and must be disposed of in accordance with RCRA
regulations. The difficulty arises with manufactured
articles that contain a hazardous material encased in
a leak resistant container.

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Some batteries pose a special problem because they
tend to degrade rapidly when placed in a landfill due to
chemical changes resulting from final discharge of the
battery. Certain batteries are manufactured in such a
manner as to prevent disintegration after disposal.
These types of products may be tested without being
cut-up. At this time EPA has not developed testing
thresholds for identifying these products. Pending
development of such tests, a generator may evaluate the
corrosion resistance of batteries by submerging the
battery in a salt water solution for a pari o J of
month. If no leak occurs, the product can be considered
corrosion resistant. If the package is structurally
resistant to crushing, cutting or grinding, it can be
analyzed for toxicity without being cut-up. For most
manufactured articles other than batteries, the salt
water corrosion resistance test may also be used but at
an elevated temperature, higher molarity solution, or
for a longer duration (i.e., one year).
Source: Dave Friedman
40CFR 264.12(b) requires the owner/operator of a hazardous
waste management facility to inform a generator in writing
that the facility has the appropriate permit(s) for and will
accept a generator's wastes. Is a generator required to
receive this written notice prior to transport?
No, 40CFR 262.20(b) states that wastes transported
offsite must be sent to a facility permitted to handle
that waste; a generator is not required to ask for or
receive a written notice from the facility owner/operator.
However, a written notice would assure the generator
that he is in compliance with 40CFR 262.20(b). A written
notice would also avoid the potential problem of a generator
sending waste to a facility which has the proper permits
but which has not agreed to accept the waste.
Source: Rolf Hill
CERCLA
Many people are confused over the assignment of reportable
quantity (RQ) levels for hazardous substances which may
also be hazardous wastes. The following example may help
to clarify 'he issue. Acetic acid is listed as c hazardous
substance with an RQ that is set by statute at 1000 lbs.
If the hazardous substance is a hazardous waste when released,
it could be hazardous because of low pH. CERCLA currently
establishes an RQ of 1 lb. for releases of unidentified
hazardous wastes which display the characteristic of corrosivity.
Which RQ is correct for triggering the notification requirement
under Section 103(a) of CERCLA?

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There are three cases to consider in establishing the
proper RQ:
0 First, if the acetic acid is a commerical
chemical product (not a waste) when released,
the RQ is 1000 lbs.
0 Second, if the acetic acid is a spent commercial
chemical product (a solid waste under RCRA) and
also exhibits the characteristic of corrosivity
when released, the RQ is 1000 lbs. and not 1 lb.
for corrosi ve wastes.
° Third, acetic acid present in a mixture which is
corrosive but the other components of the mixture
and their corresponding concentrations are not
specifically known, the RQ would be 1 lb. unless
analyses were conducted to determine the total
composition of the released material.
Note: EPA does not require testing to determine
reportable quantity levels.
Source: Dr. Jack Kooyoomjian
FEDERAL REGISTER NOTICES
July 6 - Extension and schedule_for application deadlines
for interim authorization. Arizona will apply
for final authorization in June 1984, California
by June 1984, and Guam by April 1984. Nevada will
apply for Phases I and II, Components A and B in
July 1983, and final authorization by March 1984.
July 22 - Extension and schedule for application deadlines
for interim authorization. Vermont, Massachusetts,
and New Hampshire will apply for final authorization
by July 1, 1984. Rhode Island will apply by May 1,
1 984.
July 26 - Extension and schedule for application deadlines
for interim authorization. District of Columbia
will apply for Phases I and II, A and B in July
1983 and final authorization 1n August 1984.
Pennsylvania will apply for Phase II, A, B and
C in January 1984 and final authorization in
August 1984. West Virginia will apply for
Phases I and II, A and B in July 1983 and final

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authorization in July iSot. New Jersey will
apply for Phase II, A and B in November 1983
and final authorization after May 1984. Final
authorization applications are to be received
from Delaware in July 1983, Maryland in July
1984, Virginia in June 1>>8 4, and Puerto Rico
after May 1984.
July 27 - Extension and schedule for. app1ication deadlines
for interim authorization. Application for
final authorization will be received from
Illinois in May 1984, Indiana in September
1984, Ohio by May 1984, and Wisconsin in June
1984.
July 29 - Extension and schedule for application deadlines
for interim authorization. Montana, North Dakota,
and Utah will apply for final authorization by
January 22, 1984.
The following is a representative sample of the questions
received on the May 2 5 , 1 98 3 , F_R Notice to designate CERCLA
hazardous substances and adjust reportable quantities.
-	Am I required to perform a total compositional analysis of
each hazardous substance or mixture that I handle in order
to determine the lowest RQ for which I would have to report
a release?
-	Is an accidental release of gasoline reportable under CERCLA.'1
-	Has EPA defined the term "petroleum" under CERCLA?
-	EPA is clarifying notification requirements for releases of
hazardous substances under Section 103(a) of CERCLA. The"
responsible party who has released a CERCLA hazardous substance
into the environment in an amount equal to or greater than
its RQ is required to give telephone notification to the
National Response Center under Section 103(a). The same
responsible party is also required to "provide reasonable
notice to potential injured parties by publication in
local newspapers serving the affected area." What guidance
is available for compliance with this written notification
requirement under Section 111(g) of CERCLA?

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-	An abandoned hazardous waste disposal site identified under
Section 103(c) of CERCLA is contaminating ground-water.
Must notification be given under Section 103(a) of CERCLA if
an RQ of a CERCLA hazardous substance is released into the
ground water?
-	Is a U.S. Registry vessel on the high seas subject to the
release reporting requirements of Section 103(a)?
-	How does one determine if a discharge to a publicly owned
treatment works is a federally permitted release?
-	A water treatment plant uses 1000 lbs. of chlorine per day
to kill bacteria in a town's drinking water supply. Is this
a release under CERCLA?

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ATTACHMENT
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
Dale Ruhter, 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
Henry Van Cleave, WH-548-B
Russ Wyer, WH-548-E
Bi11 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
Lee Herwig, A-107
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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