A \ szz; UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON. D.C. 20460 OCTOBER 19, 1983 MEMORANDUM SUBJECT: FROM: TO: General OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE RCRA/Superfund Hotline Monthly Status Report - September 1983 Toll Free - 800-424-9346 Wash DC/FTS - 382-3000 Carolyn Barley, Project Officer Office of Solid Waste (382-5235) Barbara Hostage, Project Officer Office of Emergency and Remedial Response (382-2180 Addressees (see attachment) The Hotline Staff responded to 4,062 calls in September. Approximately 76% of the callers requested information on the RCRA or CERCLA regulations and 24% asked general regulatory questions or requested publications. Technical questions on RCRA totaled 2,048; technical questions on CERCLA totaled 1,050; and document requests totaled 602. This Month's Most Frequently Asked Questions and Answers CERCLA - 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, 1983, FR^ Notice, the statutory RQs prevail for notification requirements under CERCLA section 103(a). RCRA - What is the status of the "satellite" accumulation proposal? The October 17, 1983, Regulatory Agenda gives the timetable for final action as April 1984. ------- 2 Where can I obtain a copy of the permit writers' incinerator guidance manual which was referenced in the August 12, 1983, Federal Register? The Guidance Manual for Hazardous Waste Incinerator Permits (order number PB 84-100-577) is available for $14.50 from the National Technical Information Service (703-487-4650), 5285 Port Royal Road, Springfield, Virginia 22161. Who pays the hazardous waste tax which takes effect this fall? Both interim status and permitted disposal facilities are required to pay the tax to the Internal Revenue. For more information, contact Ada Russo, Office of Chief Counsel, IRS (202-566-4336). 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. 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 1s not listed, then the generator must test or apply his knowledge to determine 1f the waste meets the Subpart C characteristics in 261.21-261.24 (1gnitabi1ity, corrosivity, reactivity, or EP toxicity). When will the uniform manifest appear in the Federal Register? The manifest 1s being delayed by 0MB. Promulgation is expected within the next 30-60 days. ------- 3 When is the residue of hazardous waste in a container no longer regulated? If the waste is listed in 261.33(e), the container or inner liner must be triple rinsed with an appropriate solvent or cleaned by another method which will achieve equivalent removal. Alternatively, the inner liner could be removed and disposed of as a hazardous waste. In the latter case, the rinsate would also be a hazardous waste. If the waste is a compressed gas, regardless of the waste type, the container is empty when the pressure in the container approaches atmospheric pressure. For all other wastes, a container is no longer regulated if the container has been emptied by usual methods and less than one inch remains; or if the container is less than or equal to 110 gallons and no more than three percent by weight of the total capacity remains; or if the container is greater than 110 gallons and no more than 0.3 percent by weight of the total capacity remains. How will my recycling activities be regulated under the proposed new definition of solid waste? Each caller's recycling activities are discussed in detail. The Hotline staff uses a combination of resources to provide each caller with an individualized response. These resources include Figure 1 on 48FR14478, Figure 2 on on 48FR14479, Figure 3 on 48FR14480, and Figure 4 on 48FR14481; the proposed regulations 160.10, 261.1, 261.2, 261.3, 261.5, 261.6, 261.31, 261.33, 264.1, 265.1, 266.20 and 266.30; the preamble to the April 4, 1983, proposal; and Matt Straus and Alan Corson, Waste Characterization Branch. New Questions Asked This Month RCRA Several colleges and universities have asked for clarification on the issues of filing for generator I.D. numbers and determination of eligibility as small quantity generators. Several basic configurations exist for college campuses. The rural or suburban campus might have several buildings on one contiguous piece of property. This would be considered a single or individual generation site even though one or more hazardous wastes are generated from one or more sources. One EPA I.D. number would be assigned, and small quantity generator status would be determined by looking at the total hazardous waste generated or accumulated on the site. ------- 4 Many university campuses are divided by public roads or other rights-of-way which they do not control. Metropolitan campuses are frequently constructed on a number of adjoining city blocks where the various campus buildings are separated by city streets but the buildings may be connected by tunnels or overhead walkways. Even in these cases, each generation site (i.e., each city block or each half of a campus bisected by a public road) would be a generator (or small quantity generator) and assigned its own EPA I.D. number. Hazardous wastes being shipped from one campus building (i.e., generator) to another building (i.e., TSDF) where the sites are divided by a highway would need a manifest while on the highway. The one exception is when the waste is shipped directly across the road. In this case, the receiving building is considered "on-site," as defined in 40CFR 260.10 even though both sites are required to have separate EPA I.D. numbers. (NOTE: The definition of "on-site" is intended to be used only in determining whether or not a generator should initiate a manifest. It does not define two buildings owned and/or operated by the same person but divided by a highway as one generator site). The Agency's philosophy is to identify each shipment of hazardous waste as being from a specific location. EPA needs to identify who is responsible for the waste (i.e., who created the waste, determined it to be hazardous, and is liable for its proper management). This may cause some or all of the waste from a university to be subject to the reduced requirements of the small quantity generator. The Agency is contemplating lowering the small quantity generator exclusion limit which should then capture these wastes. Source: Lee Daneker and Rolf Hill An activated carbon filtration unit is attached to a hazardous waste storage tank vent pipe to capture the waste vapors. Is this filtration unit considered a treatment unit subject to permitting? The activated carbon filtration unit is viewed as an appurtenance to the storage tank and is not looked at individually during permitting. The carbon filtration unit is treating a hazardous waste and RCRA has jurisdiction over its activity. The carbon would be a solid waste when discarded and a hazardous waste if it exhibited a characteristic or if it contained a listed waste. The permit would be issued for the tank simply for storage. Source: Dave Fagan ------- (2) owned by the United States where the three mile limit applies and to three miles from any facility located on the United States continental shelf. The 103(a) reporting requirement also applies to any release into the environment on navigable water within the United States. Question: Does subchapter B, Title II, "Hazardous Substances Response Revenue Act" of CERCLA apply to recycled chemicals? Resolution: According to Cynthia Clark, Internal Revenue Service, Chief r«Minr a1 • ^ ^ ^ U ^ n < an ^ CC1 / K \ ~ \ - / of Title II is regenerated on its site of use for reuse, it probably would not be retaxablc. However, if a chemical was regenerated for resale as a commerical chemical product, it may be taxable. Special Projects The Hotline staff is continuing to assist the Office of Management Information Analysis, OSW with the Regulatory Impact Analysis questionnaire and verification of WESTAT's telephone survey. The Hotline has received a total of 251 inquiries on the questionnaire and the survey. In addition to these projects, the Hotline staff assisted Carole Ansheles, Resource Recovery Branch, OSW in reviewing the draft guidance manual for liability requirements. Attachment ADDRESSEES John Skinner, OSW Mike Cook, OSW Eileen Claussen, 0SW-0MIA John Lehman, OSW-HIWD Fred Lindsey, OSW-HIWD Bruce Weddle, OSW-SPRRD Stephen Lingle, OSW-HWID Alan Corson, OSW-HWID Rod Jenkins, OSW-HWID William Sanjour, OSW-SPRRD Truett DeGeare, OSW-SPRRD Steve Levy, OSW-SPRRD John Thompson, OSW-SPRRD William Hedeman, OERR Elaine Stanley, OERR Kenneth Biglane, OERR-HRD Henry Van Cleave, OERR-ERD Russ Wyer, OERR-HSCD Lee Daneker, OERR-OPPM Bill Hanson, OERR-HSCD Mary Ann Forehlich, OERR Earl Voss, OSWER Robin Woods, OPA Marc Jones, OPRM Amy Schaffer, OWPE Elaine Bild, OWPE ------- 5 If a facility 1s 1n the process of filing Part B of its permit application, can the application Include any of the changes which were proposed (April 4, 1983, 48FR14472) for the new definition of solid waste? No, the permit application must reflect the hazardous waste regulations which are 1n effect at the time of filing. If the regulations change, it might be necessary to modify the draft permit or the permit. Source: Steve Levy If a State does not have a required financial mechanism but has an approved financial mechanism, can a facility owner/operator use the approved mechanism under 40CFR 264.149? Section 264.149 of the regulations allows the substitution of a financial mechanism which the State requires for one of the EPA approved mechanisms. This substitution requires the approval of the Regional Administrator. A State approved (but not required) mechanism can also be used in lieu of the Federal mechanism if the facility owner/operator receives approval from the Regional Admini strator. Source: Scott Biehl One company leases a site and has interim status to store hazardous waste in containers at that site. The operator has submitted a closure plan to the Regional Administrator but the plan has not been approved. Can the owner of the site lease the property to someone else for their use prior to certification of closure? Yes, the site can be used by the second leasee prior to certification of closure as long as the owner, current operator, or original operator assumes responsibility for carrying-out closure. Source: Carole Ansheles and Dov Weitman CERCLA Which hazardous substance have been reported to the National Response Center under the various release reporting requirements of CERCLA, RCRA, HMTA, etc.? The National Response Center has supplied this tabulation of releases of hazardous substances in the calender year 1981. Hazardous Substances Number of Releases (RQ) Actetone "TO (5000) Acrylon1tr1le 7 (100) Ammonia 55 (100) Benzene 9 (1000) ------- 6 Chlori ne 66 (10) Formaldehyde 7 (1000) Hazardous materials (NOS) 25 (N/A) Hydrochloric Acid 37 (5000) Methanol 17 (5000) Methyl Chloride 10 (1) Methyl Ethyl Ketone 8 (1000) Nitric Acid 9 (1000) Phosphoric Acid 7 (5000) Polychlorinated Biphenyls 308 (1) Radioactive Materials 7 (1) Sodium Hydroxide 33 (1000) Styrene 13 (1000) Sulfuric Acid 85 (1000) Toluene 15 (1000) Trichloroethane 10 (1) Vinyl Chloride 21 (1) Xylene 12 (1000) (This listing reflects a cut-off level of seven release reports) Source: Jack Kooyoomjian FEDERAL REGISTER NOTICES September 1, 1983 - September 8, 1983 - September 26, 1983 - September 29, 1983 - September 30, 1983 - Texas - Interim Authorization Phase II, Component C - approved. Permit regulation (40CFR Part 270), regulatory amendments resulting from the National Resource Defense Council litigation. Topics include; (1) title and certification of signature, (2) duty to mitigate effects of non-compliance, (3) responsibility to follow other Federal Statutes, (4) continuation of expired Federal permits in authorized States and (5) State adoption of EPA civil penalty policy. National Priorities List, finalization of 406 sites. National Priorities List, proposal to add 133 sites. Maine - Interim Authorization Phase II, Components A, B and C - approved. Alabama - granting of second extension of their deadline for filing for Phase II interim authorization. New Mexico - Interim Authorization, Phase I and Phase II Components A & B - approved. ------- 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-563 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 Peter Guerrero, WH-563 John Thompson, WH-563 George Garland, WH-562 William Hedeman, WH-548 Elaine Stanley, WH-548 Kenneth Biglane, WH-548A Robert Landers, WH-548A Henry Van Cleave, WH-548B Russ Wyer, WH-548-E Bi 11 Hanson, WH-548E Mary Ann Froehlich, WH-548D Carol Lawson, A-107 Marc Jones, PM-220 John Palmisano, PM-223 Sam Napolltano, PM-220 Gene Lucero, WH-527 Frank Biras, WH-527 Lee Herwlg, 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 ------- |