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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, O.C. 20460
NOVEMBER 16, 1983
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SOLID WASTE ANO EMERGENCY RESPONSE
MEMORANDUM
SUBJECT:
FROM:
RCRA/Superfund Hotline Monthly Status Report -- October 1983
Toll Free - 800-242-9346
Wash DC/FTS - 382-3000
Carolyn Barley, Project Officer t
Office of Solid Waste (382-5235)
Barbara Hostage, Project Officer
Office of Emergency and Remedial Response (38*2-218(

.or WIN
TO:
Addressees
General
The Hotline responded to 4,223 questions 1n October. The following is
a breakdown of those questions:
Of the 4,223 questions -
Generators asked
28.9%
Consultants
23.2%
TSDF
18.0%
State Agencies
8.4%
Citizens
5.8%
Other
4.6%
EPA Regional Offices
4.3%
Federal Agencies
2.9%
Transporter
2. 3%
EPA Headquarters
1.6%
More questions were asked by people in Region
III than
other Region.

The breakdown of questions by Region -

ejbd Regions III
25.4%
ARCHIVE II
19.5%
EPA V
14.9%
530- I*
8.8%
R- IV
8.6%
83- VI
7.1%
014 1
6.0%
VII
4.8%
VIII
2.7%
X
2.2%

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The breakdown by coplc
72
Definitions (260.10)

Owner/Operators of TSDP's
35
Petitions (260.20 & 260.22)

(264 & 265)

Waste Identification (Part 261)
100
Subpart A - (scope and
163
Definitions (261.2 & 261.3)

applicability/Imminent hazard
73
Exclusion (261.4)
92
Subpart B - General Facility
119
Small quantity generator

(waste analysis, security,

(SOG) (261.5)

Inspections, training,
181
Recycling/reclaiming

reactive & ignitable waste)

(UR3) (261.6)
6
Subpart C - Preparedness &
44
Container residues (261.7)

Prevention

General Standards & Testing
13
Subpart D - Contingency Plans

Requirements

& Emergency Procedures
307
Subpart C (261)
30
Subpart E - Manifest, Record-
286
Subpart D (261)

keeping & Reporting
59
ORM
114
Subpart F - Groundwater

Generator

monitoring
69
Manifest
61
Subpart G - Closure and Post-
96
Pre-transport & Accumulation

Closure

(262.34)
92
Subpart H - Financial Require-
28
Recordkeeping & Reporting

ments /
27
Other (international shipments)
23
Subpart I - Use & Management or

Transporter - DOT (263)

Containers
58
All Transport and DOT
14
Subpart J - Tanks

Permit Regulations
29
Subpart K - Surface Impoundments
197
Permits (interim status) Part 122 7
Subpart L - Waste Piles
107
State Programs Part 271
15
Subpart M - Land Treatment
10
Decision Making Part 124
72
Subpart N - Landfills

C.E.R.C.L.A. (Superfund)
115
Subpart 0 - Incinerators
251
Abandonded sites
3
Subpart P - Thermal Treatment
267
Spills
2
Subpart 0 - CPB Treatment
55
National Contingency Plan
14
Subpart R - Underground Injec-
39
Oil & Chemical Tax

tion
131
Waste Tax
0
Subpart S - Seepage
118
General
0
Subpart T - Prior Treatment
108
Liability, Enforcement,
0
Part 266

Inninent Hazard
0
Part 267

EPA General Information


115
RCRA General Information


24
Hotline General Information


71
Notification of Hazardous Waste
Activity

311
Other/Referrals



Total Questions

Document Requests
4223
NPL 207
Other 395

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This Month's Most Frequently Asked Questions and Answers
CERCLA
-	If I spill a certain material, is 1t 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 RQ's proposed In the May 25, 1983, Federal
Register Notice, the statutory RQ's prevail for notification
requirements under CERCLA section 103(a).
-	Questions on specific National Priority List sites.
The paragraph descriptions 1n the Hazardous Waste Site Descriptions
HW-8.1 and 8.2 are read to the caller along with Information from
the Project Tracking System Site Summary Report. For more detailed
Information, callers are referred to the appropriate Regional EPA
Office Docket or to the Headquarters Docket.
RCRA
What 1s the status of the "satellite" accumulation proposal?
The October 1983 Regulatory Agenda gives the timetable for final
action as April 1984.
How can I obtain a copy of the Incinerator permit writers' guidance manual,
referenced 1n the August 12, 1983, Federal Register?
The Guidance Manual for Hazardous Waste Incinerator Permits 1s
available through the National Technical Information Service
(703-487-4650), 5258 Port Royal Road, Springfield, Virginia 22161,
order number PB 84-100-577 for $14.50.
Who pays the hazardous waste tax that took effect October 1, 1983?
The tax, $2.13 per dry weight ton of hazardous waste, will be
paid to the IRS by both Interim status and permitted disposal
facilities. The IRS proposed regulations in the June 24, 1983,
Federal Register. For more Information, contact Ada Russo,
Office of Chief Counsel, IRS at (202) 566-4336.

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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 1s not excluded by 261.4
(Exclusion), then he must check to see 1f his waste 1s listed under
261.31 Hazardous wastes from non-specific sources), 261.32 (Hazardous
wastes from specific sources), 261.33 (Discarded commercial chemical
products, off-spec1f1cat1on species, container residues, and spill
residues thereof), or mixed with a waste that 1s listed 1n 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 (1gn1tab1I1ty,
corrosivlty, reactivity, or EP toxicity).
What regulations currently apply if I recycle my hazardous waste?
If the waste 1s hazardous only because of a subpart C characteristic,
the recycling and any storage, treatment, etc. prior to recycling
are excluded under 261.6(a) and 265.1(c)(6). If the waste 1s ..
listed 1n 261.31 or 261.32, all regulations for generators, transporters,
and storage facilities must be followed (261.6(b)). The actual
recycling itself 1s excluded from regulation under 265.1(c)(6). If a
material listed In 261.33 (Commerlcal chemical products) Is recycled
or reused, 1t does not meet the definition of a solid waste (261.2)
and, therefore, 1s not subject to Subtitle C of RCRA).
Questions on the status of specific State program authorizations.
For basic questions on which States have which type of authorization,
Hotline staff utilize an In-house map of the States. The map shows
Phase I States; Phase II, A and B States; Phase II A, B, and C States;
and States with no authorizations. For callers seeking more detail,
such as when components of State programs were authorized, or infor-
mation on the status of extensions for filing Phase II applications,
resources used include State Programs Branch memos, in-house lists,
and Federal Register notices.

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New Questions Asked This Month
RCRA
-	If an owner of an Interim status facility verifies that his ground -
water analyses Indicates a statistically significant Increase over back-
ground, may the first step in his assessment program be verification
that hazardous waste or hazardous waste constituents are present in the
ground water? The regulations under 265.93(d)(4) and (d)(7) refer to
establishing rate and extent of migration of constituents, thus assuming
that the constituents are present.
Yes. The first step 1n the assessment program may involve
sampling existing wells for hazardous waste constituents to
verify their presence. If absent, the concentration, rate, and
extent of migration may be reported as zero; the regulations 1n
§265.93(d)(6) then allow the owner or operator to return to the
detection program. If present, then new wells should be drilled
and sampled to determine the rate and extent of migration of
those constituents. The regulations are not worded clearly.
Source: Burnell Vincent
-	Appendix VII of 40CFR 261 indicates that K105 1s listed for all chlorinated
benzenes. Does the listing for F002 also cover all chlorinated benzenes
or just the two chlorinated benzenes listed?
The F002 listing 1s just for monochlorlnated benzene and
o-d1chlorobenzene as opposed to the K105 listing which Includes
the wastes from the production of all chlorinated benzenes.
Source: Matt Straus
-	20,000 gallons of hazardous waste are transported by railroad tank car to
a transfer facility where the contents are loaded into five tank trucks
for transport to the hazardous waste management facility identified on the
manifest. How should the manifest be filled out so as to reflect the
total quantity shipped and the quantities carried by each tank truck?
One way to Indicate both the total quantity (20,000 gallons) and
the individual quantities (4,000 gallons/truck) 1s to Indicate
five "line Items" on the manifest of 4,000 gallons each. One copy
of the manifest would be supplied to each truck driver with four
of the entries "Uned-out." This will give each truck driver a
manifest which accurately reflects his load plus the total amount
shipped.
Source: Rolf Hi 11

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-	The definition of 1gnitable liquids excludes aqueous' solutions containing
less than 24 percent alcohol by volume (40CFR 261.21(a)(1)). How does the
Agency define "aqueous"?
EPA does not define "aqueous" in the regulation, nor does it give
guidance in any preamble. As a rule-of-thumb, any solution which
is greater than 60-70 percent water should be considered "aqueous."
Conversely, any solution which contains less than 60 percent water is
nonaqueous.
Source: Jim Popplt1
-	The operator of a hazardous waste management facility established a
letter of credit and a stand-by trust fund (containing $1 to keep it
active) in accordance with the financial responsibility requirement
(40CFR 265.143 (c) of RCRA). The trustee (i.e., the bank) then levied
a $1,500 per annum service charge on the stand-by trust fund. Does RCRA
prescribe service charge rates for stand-by trust funds or control the
service charge in anyway?
No, RCRA only prescribes the mechanisms that can be used to meet
the financial requirements. Trustee's fees can be expected to
vary depending on the specific institution chosen, the amount of
funds held 1n trust, the extent to which the owner or operator uses
other services of the institution, and the extent and type of invest-
ment activity and trustee involvement. The owner or opertor should
not only find out what fees the institution Itself will charge but
other applicable fees and charges, including brokerage fees, legal
fees (such as those for setting up trust), accounting fees, and
provisions for local, State, and Federal income taxes. There is
currently no provision in the U.S. Internal Revenue Code that allows
payments into the fund to be deducted from taxable income or allows
trust Income to be exempt from taxation. Owners or operators may
want to request private rulings on the tax aspects of RCRA trust
funds from the Internal Revenue Service under Revenue Procedure 80-20.
Source: Carole Ansheles
When an owner or operator submits his permit application for a hazardous
waste management facility (either new or existing) to the Regional Office,
does the Regional Office have a specified time limit in which it must
review the permit application for completeness?
No, 40CFR 124.3 (c) states that the technical and administrative
completeness review of a hazardous waste management facility application
should be made 1n 30 days for new facilities and 60 days for existing
facilitles. The Agency intends to use this schedule as a management
tool and is not bound by these dates.
Source: Terry Grogan

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- When a new ground-water monitoring well is installed at a hazardous waste
management facility, how much developing of the well must be done prior to
sampling for analytical purposes?
Upon completion of Installation of the well intake, the monitoring
well must be developed to remove any contamination or formation
damage that may have occurred as a result of well drilling
and to remove fines from the natural formation to provide a
particulate free discharge. Clay particles deposited on the
surface of the formation during drilling should be removed, along
with a sufficient quantity of water to ensure the removal of any
fluids introduced Into the formation during drilling. The develop-
ment process should also effectively loosen and remove finer particles
from the formation matrix. The Agency cannot give specific guidance
for well development because the geologic formation identified as
the "uppermost aquifer" will change from site to site and well to well.
Sampling when the water 1s "muddy" will not give reliable and repro-
ducible results.
Source: George Dixon
CERCLA
- Section 101(14) of CERCLA defines the term "hazardous substance"
as a variety of elements, compounds, mixtures, etc. described
under various environmental laws including those wastes deemed to
be hazardous under Section 3007 of RCRA. A question arises when a
chemical 1s listed as hazardous under RCRA solely because 1t exhibits
one of the criteria 1n subpart C of 40CFR 261. Is the chemical
still a hazardous substance under CERCLA if it no longer exhibits
that criteria?
Yes, 1t 1s the Agency's position that CERCLA designates things
as hazardous substances by taking those listings from other
statutes and relisting them separately under CERCLA. An example
would be the chemical "acetone." RCRA lists acetone as a commercial
chemical product (U002, 40CFR 261.33(f)) solely because 1t exhibits
the characteristic of 1gn1tab1l1ty and as a spent solvent (F003,
40CFR 261.31) for the same characteristic. One might conclude that
since changing the physical nature of acetone so that it no longer
exhibits the characteristic of 1gn1tab1lity (I.e., adding water to
raise the flash point) causes this material to drop from the
hazardous waste 11st, It should also be deleted from CERCLA's
hazardous substance 11st. This 1s not the case. 40CFR 302.4 1s a
table which lists the hazardous substances, their regulatory synonymus,
and the Isomers of the substances that are currently subject to
notification under Section 103(a) and (b) of CERCLA. Therefore
"acetone" 1s a hazardous substance regardless of its flash point
or status in a mixture (e.g., sole active ingredient under RCRA).
Source: Jack Kooyoomjlan, Susan Schmedes

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-8-
Federal Register Notices
October 3
October 11
October 17
October 21
Proposed deletion of P044 dimethoate and reclassification
as U338. Proposed listing of camphur at concentrations of
13.21 or less as U339. Proposed listing of methomyl at
concentrations of 1% or less as U337.
U.S. Coast Guard final rule on financial responsibility for
pollution liability under Sections 108(a)(1) and 109 of
CERCLA, for vessels carrying hazardous substances.
Agenda of Regulations
Tennessee interim authorization extended and draft final
authorization application to be submitted by April 1, 1984.
No separate phase II application to be submitted.
Internal Revenue Service-proposed regulations for collection
of taxes on petroleum and certain chemicals under Subtitle
A of CERCLA.
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
Elizabeth Cotsworth, WH-563
Stephen Llngle, 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 81glane, WH-548A
Robert Landers, WH-548A
Henry Van Cleave, WH-548B
Russ Wyer, WH-548-E
Bill Hanson, WH-548E
Mary Ann FroehUch, WH-548D
Carol 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-104
Tony Montrone, WH-527
Pete Rosenberg, WH-527
M1ke Kosakowskl, 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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