i \ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY J WASHINGTON, D.C. 20460 JANUARY 19, 1984 OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE MEMORANDUM SUBJECT: RCRA/Superfund Hotline Monthly Status Report — December 1983 FROM: Carolyn Barley, Project Officer (^2 Office of Solid to&ste (382-5235) /f Barbara Hostage, Project Officer ^Ooitxoe^- Office of Emergency and Remedial Response (382-2186) TO: Addressees On January 4, 1984, EPA awarded a new three-year contract to Geo/Resource Consultants to manage the Hotline, we are fortunate to have retained two members of the former Hotline team, Irene Homer and Denise Wright. Tony Baney, the former Project Manager is now working in EPA's Office of Enforcement and ' Karen Gale, the former Assistant Project Manager is on maternity leave. We apologize for any unusual delays you may have experienced in having your questions answered during this transition. Analyses of Questions The Hotline responded to 4,053 questions in December. Of the 4,053 questions - Generators asked 33.6% Consultants 29.9% TSDF 16.9% State Ayencies 5.9% Citizens 4.5% Other 3.6% EPA Regional Offices 1.9% Other Federal Agencies 1.8% Transporters 1.1% EPA Headquarters 0.8% More questions were asked by callers in Region III than in any other teg ion". Percentage of questions by Region - III 23.3% V 18.2% II 16.1% rv 9.6% IX 9.5% VI 8.5% i 5.2% VIII 4.3% VII 4.0% X 1.3% ------- 2 Breakdown of Questions by Subject RCRA General Information Notification (3010) Definitions (260.10) Petitions/Delisting (260.22) [Definitions (261.2, 261.3) Exclusions (261.4) Small Quantity Generator (261.5) Recycling/Reclamation (UR3) (261.6) Container Residues (261.7) Waste ID (261 C & D) 262 Manifest Information (262.21) Pre-transport/Accumulation Recordkeeping/Reporting International Shipments 263 Transporter 270 B - Permit Application D - Changes to Permits F - Special Permits G - Interim Status 271 State Programs 124 Decision Making TSDF A - B - C - D - E - F - G - H - I - J - K - L - M - N - 0 - P - Q ~ R - X - 266/267 Scope/Applicability/Imminent Hazard General Facility Standards Preparedness/Prevention Contingency Plans/Emergency Procedures Manifest(receipt/reporting) Groundwater Monitoring Closure/Post-Closure Financial Requirements Containers Tanks Surface Impoundments Waste Piles Land Treatment Landfills Incinerators Thermal Treatment CPB Treatment Underground Injection Miscellaneous 107 62 46 30 79 53 112 103 40 500 48 25 2-// CERCLA General Information Hazardous Substances/RQ/103c Hazardous Site/NPL/104 NCP Taxes/IRS Liability, Enforcement Other/Referrals 286 260 183 107 137 75 202 Document Requests Stablex Other 286 474 ------- 3 Ttvs Month's Most Frequently Asked Questions and Anwswers CERCLA - Have the proposed reportable quantities for CERCLA hazardous substances been finalized? No, the reportable quantities proposed in the May 25, 1983, Federal Register have not been finalized. A Federal Register announcement is anticipated in June 1984. - 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 RQ's proposed in the May 25, 1983, Federal Register Notice, the statutory RQ's prevail for notification require- ments under CERCLA 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 non-specific sources), 261.31 (Hazardous wastes from specific souroes), 261.33 (Discarded ccrnmercial 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). ------- 4 - 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). According to 261.6(b), 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 material listed in 261.33 does not 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 uses an in-house 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 ccmponents of State programs were authorized, or information on the status of extensions for filing Phase II applications, resources used include State Programs Branch memos, in-house lists, and Federal Register notices. - When will the Uniform Manifest appear in the Federal Register? A Federal Register notice is not expected until March 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. - Has the snail quantity generator limit been lovered to 100 kilograms? No, the small quantity generator limit is still 1,000 kilograms per month under the Federal program. However, some States may have a lower limit. Also, when passed, the RCRA reauthorization bill may lower the limit. New Questions Asked This Month RCRA - Section 264.94(b) ( i) ( iv) states that for establishing an alternate concentration limit (ACL), the proximity and withdrawal rates of groundwater users must be considered. How far from the hazardous i>aste unit must the owner/operator look to determine the proximity of groundwater users to his unit? ------- 5 There is not a set distance for potential user consideration. The owner/operator must demonstrate that his ACL will be attenuated or diluted over a certain distance so there will be no adverse impact on any potential users or on the environment. Source: Burnell W. Vincent - Are 55 gallon drums that are found flattend and "empty" at a Superfund removal site regulated under RCRA? There is no way to determine if drums have been fully emptied per Section 261.7(b)(1)(i). According to Section 261.7(b)(1)(iii)(A), for a drum to be considered empty and non-regulated by RCRA, there must be no more than 3 percent difference in weight between that drum and a comparable empty drum. Source: Alan Corson CERCLA - Why is a spill of an ignitable petroleum product like gasoline considered to be a reportable event? * Gasoline is specifically excluded by the definition of hazardous substance under CERCLA Section 101(14) unless specifically otherwise designated. Sections 311 and 307(a) of the Clean W&ter Act, Section 112 of the Clean Air Act, Section 7 of the Toxic Substance Control Act do not designate gasoline. Since gasoline is a caimercial chemical product, it is not a RCRA waste when it is spilled. However, if the spill residue is not cleaned up, the gasoline is a waste, and the event would be reportable at the one pound RQ for RCRA ignitable v*astes. If uaste gasoline is spilled, the one-pound RQ for RCRA ignitable waste applies. Source: Rick Horner - is toluene excluded from the list of hazardous substances because it is a petroleum product excluded under CERCLA Section 101(14)? No, toluene is specifically designated by Section 311 of the Clean W&ter Act and by RCRA. Therefore, it is a CERCLA hazardous substance. Source: Rick Horner - What are the penalties for not complying with a request for information under Section 104(e) of CERCLA? The site has been requested to provide further groundwater monitoring data to document a release to groundwater. EPA could act under Section 106 Administrative Order to require a response. Refusal to cooperate could result in fines up to $5,000 per day under Section 106(b). Section 106 action can be taken when imminent and substantial endangerment and contamination exist. Source: Doug Cohen ------- 6 - What does abandoned mean under Section 101(20)(A) of CERCLA? Abandoned refers to a site where no one pays taxes, there have been no improvements for years, etc. If the property has been bought, it is not abandoned, and both the current and former owners are subject to liability under §107(a)(1)(2. If the site was abandoned, the owner would be the last owner of record. Source: Doug Cohen - The bank held a mortgage on a facility that has a capped styrene tar surface impoundment. The facility went bankrupt and the bank foreclosed, becoming the new owner of the property at auction. Is the bank liable for any environmental problems arising frcm the leaking unit? Or does the indicia ownership clause of Section 101(20)(A) apply? If the Bank had not foreclosed on the property but continued to hold a security interest, it would not be an owner or operator and, therefore, not liable. However, because the bank is now the legal owner of the facility, the facility is not considered abandoned. (See the issue above. Note that the previous owner * also has liability, Section 107(e)(i).) Source: Doug Cohen FEDERAL REGISTER NOTICES December 6 - South Carolina - Interim Authorization, Phase II, Component C, granted. CERCLA notice to States for c errant period on proposed funding for remedial investigation/ feasibility study and remedial design/remedial action December 14 - Delaware - Announcement of Final Authorization (first State to receive Final Authorization) Internal Revenue Service corrections to the October 21, 1983, FR on the proposed tax on petrochemicals and certain chemicals December 19 - Class deviation for procurements under assistance agreements to use the same architectural or engineering firm for CERCLA remedial investigation, feasibility study design or engineering activities to perform remedial investigations without following the public notice and evaluation procedures of 40CFR Part 33 ------- 7 December 21 CERCLA NCP Subpart H proposed revisions to specify testing and data requirements for including disper- sants, surface collecting agents, or biological additives on the NCP product schedule for use on oil discharges December 27 December 28 December 29 New York - Interim Authorization, Phase I, granted IRS notice of public hearing February 16, 1984 on the proposed regulations on the tax on petro- chemicals and certain chemicals Notice of availability on Test Protocols for Determining the "Free Liquid" Content of Hazardous Waste and request for comments. Florida - Interim Authoriaztion, Phase II, Com- ponents A and B, granted. 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 Lingle, WH-565 Alan Corson, WH-565 Ken Shuster, WH-565 Dale Ruhtet, 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-548E Bill Hanson, WH-548E Mary Ann Froehlich, 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 Mike Kosakowski, WH-527 Barbara Elkus, WH-527 Hotline Staff Alvin K. Joe, Jr., Geo/Resource Susan Moreland (ASTSWMO) Diane McCreary, Region III Library Hazardous W&ste Division Directors, Regions I-X Hazardous Waste Branch Chiefs, Regions I-X ------- |