Sr<>~ 4 * TV PBO^ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 SEPTEMBER 20, 1983 HWIBAHl11 MEMORANDUM OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE SUBJECT FROM: TO RCRA/Superfund Hotline Monthly Status Report - August 1983 Toll Free - 800-424-9346 Wash DC/FTS 382-3000 Carolyn Barley, Project Officer Office of Solid Waste ( 382-5235) /J Barbara Hostage, Project Officer \Q(X/U)Q/Md Office of Emergency and Remedial Response (382-2186) Addressees (see attachment) Genera 1 The Hotline Staff responded to 2,535 calls in August. Approximately 82% of the callers requested information on the RCRA or CERCLA regulations and 18% asked general regulatory questions or requested publications. Technical questions on RCRA totaled 1,163; technical questions on CERCLA totaled 922; and document requests totaled 187. This Month's Most Frequently Asked Questions and Answers CERCLA When will the final National Priority List be released? September 8th is the projected publication date. 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 is equal to or greater than its reportable quantity. Until final promulgation of the RQs proposed in the May 25, 1 983, F_R Notice, the statutory RQs prevail for notification requirements.under CERCLA s ect i on 103(a). ------- -2- Subtitle C of CERCLA pose's a tax of $2.13 per dry weight ton on waste received for disposal at an interim status or permitted facility. On June 24, 1983, the IRS proposed regulations governing the collection of this tax. When does this tax take effect and who pays it? This tax takes effect and is paid by the facility owner/operator — not the generator or transporter. RCRA 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 require- ments. 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 commerical 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 appear in the Federal Register? Promulgation has been delayed pending OMB review. ------- -3- The August.12, 1983, FR states that a guidance manual for writers of incinerator permits is available from the National Technical Information Service (NTIS). NTIS says that they don't have this manual for distribution. Where can I get a copy? The FR notice was premature. The Agency does-not anticipate distribution through NTIS until November or December 19 83. Until then, the latest draft can be reviewed in the Regional and State solid waste offices. RCRA/CERCLA Where can I get information (e.g., names, addresses, etc.) on hazardous waste generators, treatment, storage, and disposal facilities, and inactive sites? This information is available from various sources: Information on generators, transporters and facilities — Title : " Notification to EPA of Hazardous Waste Activities," based on notification forms submitted to the Agency in November 19 80 Available U.S. Government Printing Office, Washington, from: DC 20402 (202-783-3238) Order # : Region I - 055-000-00200-2 II - 055-000-00201-1 III - 055-000-00202-9 IV - 055-000-00203-7 V - 055-000-00204-5 VI - 055-000-00205-3 VII - 055-000-00206-1 VIII - 055-000-00207-0 IX - 055-000-00208-8 X - 055-000-00209-6 Price : $8.50 - $14.00 The notification information updated to February 19 83 is also available on computer tape from: National Technical Information Service 52 85 Port Royal Road Springfield, VA 22168 Order #: PB-83198051 Price : $320.00 i ------- -4- Preliminary data from the "National Survey of Hazardous Waste Generators and Treatment, Storage and Disposal Facilities Regulated under RCRA in 1981" is available from Mike Burns, Office of Solid Waste (FTS-38 2-47 6L or 202-38 2-476 1). Information on treatment, storage, or disposal facilities Item : Bas^d on Part A Applications Ava ilable from: EPA through a Freedom of Information Request Contact Denise Butler, OSW ( 382-4672) Price : S37.00 Information on Inactive Sites — Item : Computer tape or set of ten books listing sit'es which have been notified under CERCLA Section 103(c) Available from: National Technical Information Service 5285 Port Royal Road Springfield, VA 22168 Price : S125.00 (for the tape) S205.00 (for the set of books) The National Priority List is available by calling the RCRA/Superfund Hotline. Several Emergency and Remedial Response Information Systems lists which include information on site identification, removals, and remedial actions are also available from the RCRA/Superfund Hotline. Price : Varies--depending upon which list you want and what month your request is filed. New Questions Asked This Month RCRA If a generator determines that a solid waste is hazardous because it exhibits one of the characteristics listed in Subpart C of 40CFR 261, is he also required by 40CFR 262.11 to determine if the waste exhibits any of the other characteristics in Subpart C of 40CFR 261? ------- -5- 40CFR 262.11 requires a generator to determine if his waste is subject to Subtitle C regulations. Epa broadly interprets all of the requirements of Part 262 to mean that the generator must have in-depth knowledge of his waste and its hazardous properties in order to protect human health and the environment. It is incumbent upon the generator to manage his waste in a manner that will protect human health and the environment. As such, his understanding of the characteristics of the waste he has generated is imperative. If the waste is being accumulated on-site under 40CFR 262.34, the generator must know if the waste is ignitable or reactive (40CFR 265.176), compatible with its container (40CFR 265.172), and compatible with other substances (both wastes and non-wastes) being stored in an accumulation area (40CFR 265.177). If the waste is being sent to a hazardous waste management facility (either on or off-site), the generator must know enough about the waste to designate a facility on his manifest which is permitted to handle that particular waste (40CFR 262.20(b)). Further requirements for determining the hazardous nature of the waste reside in the DOT requirements for waste shipped off-site (40CFR 262 Subpart C). Source: Rolf P. Hill Which antineoplastic (anticancer) drugs commonly used today would be considered hazardous waste by RCRA? The National Institutes of Health (NIH) recently looked at the 39 drugs most commonly used (both on patients and experimentally in laboratories) and determined that the following drugs are listed as hazardous wastes in 40CFR 261.33(f): U058 Cyclophosphanside (also known as Cytoxin), U059 Daunomycin, U150 Melphalan, U010 Mytomycin C, and U206 Streptozotocin. In addition, NIH says that 14 other drugs would meet the toxicity criteria (40CFR 261.11) for being on the commercial chemical products lists (40CFR 261.33 (f)). Currently, these chemicals need not be handled as hazard- ous wastes unless they exhibit one or more of the charac- teristics identified in 40CFR 261 Subpart C. Source: Claire Welty ------- -6- The requirements for the hazardous waste annual report which was to have been submitted in 1981 did not require generators who shipped wastes off-site to hazardous waste management facilities which they owned to file an annual report as a generator. The Agency concluded that information on these wastes would be included in the facility's annual report. Was there any requirement in 1981 for a generator to notify the Regional office that he was not filing an annual report? No, the generator was not required to submit a letter to the Regional office to explain his reasons for not filing an annual report as a generator. Note that a generator who sent wastes to a facility which he owned was required to file an annual report as a facility owner. It is not appropriate for the Regions to take enforcement action against those generators for not filing an annual report for 1981. This requirement may change for the 1983 Biennial Report. Source: Bob Axelrad When the owner/operator of a hazardous waste management facility prepares a closure plan and cost estimate, can he reduce the cost of closure by including in the closure plan the recycling of waste at the facility or the sale of equipment or property? No, the Agency does not allow this practice when preparing closure plans or computing cost estimates. The regulations state that "[tjhis plan must identify the steps necessary to completely or partially close the facility at any point during its intended opera- ting life and to completely close the facility at the end of its intended operating life" (40CFR 265.112(a)); and that "The closure cost estimate must equal the cost of closure at the point in the facility's operating life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan" (40CFR 265.142(a)). The Agency has interpreted these two statements to not allow a closure plan to include recycling of waste or sale of equipment or property in order to reduce the closure cost estimate. The closure plan is a detailed description of the activities necessary to close the facility (e.g., for simple storage this includes removing or rendering all wastes non-hazardous, decontaminating equipment, etc.). The Agency's philosophy is to have the facility owner/operator ------- -7- establish sufficient.resources to allow EPA to step in and close the facility if for some reason the owner/operator cannot do so. Source: Carole Ansheles FEDERAL REGISTER NOTICES August 1 August 2 Extension and schedule for application deadlines for interim authorization: Florida will apply for Phase II, Components A and B by July 18, 1983; Phase II, Component C by August 1, 1983; and final authorization by July 1984 Extension and schedule interim authorization: II, Components A and B Component C by October by December 198 3 . Washington State Phase B approved. for application deadlines for Tennessee will apply for Phase by September 198 3; Phase II, , 1983; and final authorization I and Phase II, Components A and Superfund: Extension of Comment Period from July 25 to August 25, 1983, for Notification, Reportable Quantity Adjustments, and Designation of Additional Hazardous Substances. August 3 August 5 August 8 August 10 - August 12 - Extension and schedule interim authorization: authorization by April and Kansas between May for application deadlines for Nebraska will apply for final 30, 1984; Iowa by July 26, 1984; 1 and June 30, 1984. Extension and schedule for application deadlines for interim authorization: Alaska will apply for full authorization by October 1983; Oregon by April 1984; and Washington by June 1984. DOT ANPRM to list all CERCLA hazardous substances as hazardous materials under the Hazardous Materials Transportation Act and determine the extent to which these materials should be subject to HTMA regulations. Extension and schedule for application deadlines for interim authorization. Missouri will apply for final authorization by July 26, 1984. Notice of Permit Advisory Committee meetings, to be held September 20-21. ------- ATTACHMENT ADDRESSEES John Skinner, WH-562 Mike Cook, WH-562 Eileen Claussen, WH-562 John Lehman, WH-565 Alan Corson, WH-565 Ken Shuster, WH-565 William Sanjour, WH-563 Truett DeGeare, WH-563 Steve Levy, WH-56 3 John Thompson, WH-563 George Garland, WH-562 William Hedeman, WH-548 Elaine Stanley, WH-548 Kenneth Biglane, WH-548A Henry Van Cleave, WH-548B Russ Wyer, WH-548E Bill Hanson, WH-548E Mary Ann Froehlich, WH-548D Gene Lucero, WH-527 Frank Biras, WH-527 Tony Montrone, WH-527 Pete Rosenberg, WH-527 Mike Kosakowski, WH-527 Barbara Elkus, WH-527 \ Bob wayland, WH-562A Amy Schaffer, WH-562A Carol Lawson, A-107 Lee Herwig, A-107 John Palmisano, PM-223 Sam Napolitano, PM-220 Marc Jones, PM-220 Beverly Spotswood (Hotline) Susan Moreland (ASTSWMO) Harzardous Waste Division Directors, Regions I-X ------- |