Final Monthly Report: RCRA/Superfund Industry Assistance And Emergency Planning And Community Right-To-Know Information Hotline Report. November 1983


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RCRA
General Information	159
Notification (3010)	76
Definitions (260.10)	52
Petitions/Delisting (260.22)	34
Definitions (261.2, 261.3)	152
Exclusions (261.4)	71
Small Quantity Generator (261.5)	151
Recycling/Reclaimation (UR3) (261.6)	177
Container Residues (261.7)	59
Waste ID (261 C & D)	605
262	Manifest Information (262.21)	83
Pre-transport/Accumulat ion	102
Recordkeeping/Reporting	33
International Shipments	12
263	Transporter	57
270	B - Permit Application	-
D - Changes to Permits	-
F - Special Permits	-
G - Interim Status	208
271	State Programs	110
124 Decision Making 	5
TSDF A - Sccpe/Applicability/Imminent Hazard	95
B - General Facility Standards	38
C - Preparedness/Prevention	17
D - Contingency Plans/Emergency Procedures	14
E - Manifest(receipt/reporting)	19
F - Groundwater Monitoring	98
G - Closure/Post-Closure	54
H - Financial Requirements	91
I - Containers	30
J - Tanks	42
K - Surface Impoundments	28
L - Waste Piles	11
M - • Land Treatment	15
N - Landfills	61
0 - Incinerators	41
P - Thermal Treatment		6_
0 - CFB Treatment	~
R - Underground Injection	-
X - Miscellaneous Facility	16
266/267	7
CERCLA General Information	100
Hazardous Substances/RQ/103c	245
Hazardous Site/NPL/104	246
NCP	33
Taxes/IRS	~80"
Liability, Enforcement	61
Other/Referrals	333
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This Month's Most Frequently Asked Questions and Anwswers
CERCLA
-	If I spill a certain material, is it reportable under CERCLA?
The release of a material defined as a CERCLA hazardous substance
according 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 (RQ). Until final
promulgation of the FQ's proposed in the May 25, 1983,. Federal
Register Notice, the statutory RQ's prevail for notification require-
ments under CERCIA Section 103(a).
-	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 promulgated final regulations on this tax in the November 25, 1983,
Federal Register. For further information, contact Ada Russo, Office
of Chief Counsel, IRS (202) 566-4336.
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 are 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 norr-specif ic
sources), 261.31 (Hazardous wastes from specific sources), 261.33
(Discarded ccnmercial chemical products, offspecification 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).
-	What regulations currently apply if I recycle my hazardous waste?
If the waste is 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 is a sludge or is listed
in 261.31 or 261.32, all regulations for generators, transporters, and
storage facilities must be followed, according to 261.6(b). The actual
recycling itself is excluded from regulation under 265.1(c)(6). A
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material listed in 261.33 does net become a hazardous waste if it is
recycled or reused, so the hazardous waste regulations do not apply.
- Questions on the status of specific State program authorizations.
For basic questions on which States have which type of authorization,
the Hotline staff utilizes an in-hcuse map which shows Phase I States;
Phase II A States; Phase II A and B States; Phase II A, B, and C States;
States with final authorization; and States with no authorizations.
For callers seeking more detail, e.g., when components of State programs
were authorized, or information on the status erf extensions for filing
Phase II applications, resources used include State Programs Branch
nemos, in-house lists, and Federal Register notioes.
-	When will the Uniform Manifest appear in the Federal Register?
A Federal Register notice is not expected until February 1984.
-	What is the status of the RCRA reauthorization bill?
The House of Representatives bill #2867 passed on November 3, 1983.
The Senate bill #S757 has not been voted on yet. Callers are
referred to Congress at (202) 224-3597 (Senate) or 226-3160 (House)
for information on these bills.
-	Questions on the status of specific regulations.
Callers are referred to the latest regulatory agenda which appeared
in the October 17, 1983, Federal Register.
-	When does the 90 day accumulation time begin?
For a generator, the 90 days begins with the first drop of waste
generated. For a small quantity generator (SQG), the 90 days begins
once the SQG exoeeds the accumulation limit (1 kg. for 261.33(e) waste,
100 kg. for 261.33(e) spill residue, or 1,000 kg. for all other waste).
New Questions Asked This Month
CERCLA
. - Has EPA promulgated any regulations or developed any specific procedures
or forms to be used to file a claim against the "Superfund" under Section
112 of CERCLA?
Regulations and a form to be use for filing a claim are scheduled to be
proposed during 1984. 40CFR 300.25(d) of the National Contingency Plan
(NCP) states that non-government persons or persons operating outside
a contract or cooperative agreement must receive approval frcm EPA prior
to undertaking any actions for which they intend to seek reimbursement
from the Fund. Any action taken must be in accordance with the NCP.
Currently, EPA is handling these claims on a case-by-case basis.
Sources Bill Ross
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RCRA
-	EPA lists certain commercial chemical products as hazardous waste if discarded.
Sore of these listings specify the salt or ester of the parent ccmpound and
sane do not. Are the salts and esters of all the cannercial chemical products
included in these listings or just where specified.
EPA is currently controlling only those chemicals which are specifically
listed in 40CFR 261.33(e) and (f). If a parent ccmpound is listed but
the salt or ester of that compound is not, then only the parent ccmpound
is controlled. Because of confusion over nomenclature, EPA has provided,
through the CERCLA reportable quantity proposed rulemaking (48 FR 23552,
May 25, 1983), a convenient list of Chemical Abstract Service (CAS)
Registration Nisnbers for each of the ccmmercial chemical products.
Source: Alan Corson
-	EPA lists certain chemicals in 40CFR 261.33 as "Commercial Chanical Products"
subject to the hazardous waste regulations when they are disposed or intended
for disposal. How are these listed chemicals controlled if they are used prior
to disposal?
If a commercial chemical product listed in 40CFR 261.33 is disposed of
prior to use, then it is subject to the hazardous waste regulations.
After the chanical is used, it is a hazardous waste only if it exhibits
a characteristic identified in 40CFR 261 Subpart C. ~As an example, if
tetrachloroethylene (TCE) is used in an electrical transformer, any
unused or residual ICE is regulated as a commercial chemical product
(U210) until the transformer is actually put in service. A leak of TCE
from the transformer, prior to use, (such as at the manufacturer's site,
wholesaler's warehouse, or during transportation) would still be a leak
of a commercial chanical product. If a spill occurred or the fluid was
disposed of after the transformer was put into service, the tetrachloro-
ethylene would be a hazardous waste cnly if it exhibited one or more of
the characteristics. This is true despite the fact that the chemical
composition of the fluid before and after its use in the transformer is
essentially unchanged. (Note: Under CERCLA Section 102(b), the
reportable quantity for tetrachloroethylene is one pound. If the spill
is a release under CERCLA section 101(22), and the quantity spilled is
one pound or greater, the spill must be reported to the National Response
Center. For the report, required under CERCLA Section 103(a), the
specific hazardous waste identification under RCRA is not significant.
Source: Alan Corson
- When a person calculates the amount of waste he generates either to determine
if he is a small quantity generator or to determine the amount of waste he
disposes of in order to calculate the amount of tax he owes under Subtitle
C of CERCLA, should he include the weight of the containers in those
calculations?
EPA has said (45 FR 78527) that the container is net considered a
hazardous waste and it is only the material or residue in the
container that the Agency intends to regulate (40CFR 261.7). EPA's
position is that when making weight determinations for small quantity
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generator status or reporting for the biennial report, the weight of
the container is not counted. However, it is customary for the
manifest to shew the total weight (i.e., waste plus container) since
a transporter charges on the basis of weight transported over a
specified distance. The designated facility would probably calculate
the CERCLA tax based on the total weight rather than removing the
waste fran the container. Thus, while EPA would not count the
weight of the container, it is possible that the disposal facility
(i.e., that person who indirectly collects the tax fran the generator)
would. The Internal Revenue Service has not issued any guidance or
promulgated any regulations on the CERCLA tax aspects of this subject.
Source: Jaoque Sales, Steve Silverman, and Bob Axelrad
-	EPA issued enforcement guidance addressing the distinctions between burning
hazardous waste for the legitimate recovery of its energy value and burning
for disposal (incineration). Given that the unit in which the waste is
being burned is appropriate for heat recovery (e.g., a high efficiency
industrial boiler) and that the waste and its constituents have a high enough
Btu value, is there any limit on the chlorine content of a fuel?
No, the Btu value is the crucial factor in determining if a waste
can be legitimately recycled for its heat value. If the chlorine
content is high but the heat value (Btu) is over the threshold
value, then the chlorine content is ignored.
Source: Steve Silverman
-	If a hazardous waste flows into a ditch and is diluted to the point where
it is no longer hazardous, what type of a facility is the ditch?
A ditch constructed primarily of earthen materials would meet the
definition of a surface impoundment (260.10). In this example, the
unit would be conducting treatment of a hazardous waste and would
probably be considered a treatment surface impoundment. Alternately,
the ditch could be viewed as an appurtenance to some other waste
management unit at the facility.
Source: Amy Mills
-	If a RCRA permit is written to include a condition that is not a
regulatory requirement, is it a major modification (under 270.41) to
change or delete that condition?
If the permittee made a change to a permit condition without going
through a major modification, EPA could challenge that change through
an enforcement action. A condition that is not related to a
regulatory requirement is indefensible, hewever, and chances of a
successful enforcement action would be minimal.
Source: Mark Greenwood and Deborah Wolpe
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Is EPA authorized to call for the Part B of a permit application for a type
of unit for which EPA has not promulgated regulations? Underground tanks
that cannot be entered for inspection are an example.
EPA cannot call for the Part B for a type of unit for which there
are no regulations in 40CFR Part 264. EPA is only authorized to
permit units or appurtenances of units that are regulated by the Agency.
Since underground tanks that cannot be entered for inspection are not
addressed under Part 264, Subpart J, or any other Subpart, EPA cannot
call for their Part B's. If an appurtenance, like a valve, is crucial
to the tank's compliance with the regulations, the appurtenance could
be included in a permit even though there are no specific "valve"
regulations. This exception is very limited in sccpe and must be
evaluated on a case-by-case basis.
Sources Lisa Friedman, OGC
Susan Schmedes, OGC
FEDERAL REGISTER NOTICES
November 3
Internal Revenue Service - extension of deadline for
submitting comments and requests for public hearing
for the proposed rules (FR October 21, 1983) on
guidance for the petrochemical and chemical tax.
November 4
Georgia - interim authorization Phase II, Component C,
granted.
November 8
Missouri - interim authorization Phase I, granted.
November 22
Applicability of interim status (40 CFR 265) regulations
to facilities that have not fully qualified for interim
status.
November 23
Maryland - interim authorization, Phase II, Component A,
granted.
November 25
Internal Revenue Service - final regulations for the
collection of taxes on petrochemicals, designated diemicals
and hazardous waste.
Noveirber 29
Notice of availability of draft report and request for
ccmnents on investigation of Stablex material emplaced at
West Thurrock Facility, England.
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ADDRESSEES
John Skinner, VH-562
Mike Cook, VH-562
Eileen Claussen, VH-562
Jchn Lehman, VH-565
Fred Lindsey, VH-565
Bruce Weddle, V«-563
Lee Daneker, VH-563
Elizabeth Cotsworth, VH—563
Stephen Lingle, VH-565
Alan Corson, VH-565
Ken Shuster, VH-565
Dale Ruhter, VH-565
William Sanjour, VH-563
Truett DeGeare, VH-563
Steve Levy, VH-563
Peter Guerrero, VH-563
John Thompson, VH-563
George Garland, VH-562
William Hedeman, WH-548
Elaine Stanley, VH-548
Kenneth Biglane, WH-548A
Robert Landers, WH-548A
Henry Van Cleave, VH-548B
Russ Wyer, WH-548-E
Bill Hanson, VH-548E
Mary Ann Froehlich, VH-548D
Carol Lawson, A-107
Marc Jones, PM-220
John Palmisano, PM-223
Sam Napolitano, PM-220
Gene Lucero, VH-527
Frank Biras, VH-527
Lee Herwig, A-104
Tony Montrone, WH-527
Pete Rosenberg, VH-527
Mike Kosakowski, VH-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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