v^0 sr4r A isss \ -' '«< POO<*V 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). ------- 2 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. ------- 3 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. ------- 4 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? ------- 5 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 ------- 6 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? ------- 7 - 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? ------- 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 ------- |