FEBRUARY 17, 1984
RCRA/Superfund Hotline Monthly Status Report -- January 1984
Carolyn Barley, Project Officer // *	/?
Office of Solid Waste (382-5235)
Barbara Hostage, Project Officer	0
Office of Emergency and Remedial Response (382-2186) o
I. Acti vities
The new voice on the Hotline is Ken Jennings, our new Information
Specialist. Ken has a M.S. in geology from the University of California,
Santa Barbara and is currently a doctoral candidate in Environmental
Science and Engineering at UCLA.
One of the major publication requests for January has been the report:
"Section 3004 Test Protocols for Determining the 'Free Liquids' Content
of Hazardous Waste" which was initially announced in the December 28,
1983, Federal Register. The first two printings of 300 copies were
depleted by mid-January, and over 300 additional requests await the next
Chris Hill met with Carolyn Barley and the Hotline staff to discuss the
Hotline's ability to handle additional calls from the Small Quantity
Generators (SQGs) who will become subject to RCRA regulation if Congress
lowers the SQG limit to 100 kg per month. The Hotline staff pointed out
that the SQG questions interface with other questions the Hotline
routinely responds to on waste identification, recordkeeping, treatment,
storage, liability, hazardous substance designation, reporting requirements,
etc. The Office of Solid Waste (OSW) may need to add additional staff
to the Hotline to handle the surge of guestions from newly-regulated
Some of the Hotline calls are referred to the Regions or States because
they concern enforcement, State Regional programs, Superfund sites or
reporting. The list of phone numbers for each Region follows. Please
contact the Hotline (FTS 382-3000) if any of the numbers need to be

If 60% of an interim status facility is damaged by fire or explosion
and the facility's owner wants to rebuild	the entire damaged portion
of his facility, can he rebuild under the	limits of 270.72(e) or must
he first receive a RCRA permit?
The requirements for reconstruction under	270.72(e) would not allow
reconstruction of greater than 50% of the	facility as filed on the
original Part A.
Source: Scott Biehl
Research: Tony Baney
Many generators also filed for and received interim status for the
storage of hazardous waste which they generate on-site. Now they
find that they can store their waste under the accumulation pro-
visions of 262.34 and reduce their regulatory burden. How should
this change in status be handled by the Regions?
To avoid the undesirable situation of having the facility move in
and out of interim status, the Regional office should call for Part
B of their permit application to force the facility to make a
decision. If the facility fails to submit the necessary information,
then the Region can terminate interim status by proceeding under 40
CFR 124 to deny the facility a permit.
Source: Scott Biehl
Research: Irene Horner
Under the proposed definition of solid waste (FR 4-4083), if a waste
is conditionally exempt, but insufficient quantities are recycled
(less than 75%/yr.) is the waste still exempt?
No, substances which are being recycled and which would be controlled
as hazardous wastes if intended for discard qualify for the conditional
exemption. If insufficient amounts are recycled (75%/yr.), a selection
for extension of time may be filed; otherwise, the waste would be
subject to a full regulation 180 days later.
Source: Matt Strauss
Research: Tony Baney
Many generators also filed for and received interim status for the
storage of hazardous waste which they generate on-site. Now they find
that they can store their waste under the accumulation provisions of
262.34 and reduce their regulatory burden. How should this change in
status be handled by the Regions?
The enforcement policy was issued to reflect the current status of the
regulations (40 CFR 261.6). The recycling of materials under the new

proposal more clearly defines those materials and processes which need
regulation. The current policy looks toward intent or primary purpose
(i.e., BTU value of constituents and the total material) for a defini-
tion of legitimate recycling; whereas, the new proposal says that if
recovery is being carried out in a unit which meets the definition of
an incinerator, it must be permitted regardless of energy or material
recovery considerations.
Source: Matt Strauss
Research: Tony Baney
The Hotline has received a large number of questions on updating of closure/
post-closure estimates and the change for the financial requirements which the
update precipitates. Confusion on these points is further compounded by various
State regulations for financial requirements.
The Hotline has noticed a lack of questions on the proposal to amend the
definition of "solid waste" and "recycling of hazardous waste" regulations (FR 4-4-83).
This may be due to the fact that it is a proposed regulation, but the Hotline is
advising those who do call to submit written comments before the August 2, 1983,
On April 20th, Tony Baney met with the OERR contractor to discuss the
dissemination of Bnergency and Remedial Response Inventory System (ERRIS) informa-
tion (i.e., print-outs of the list). The Hotline currently advises callers on the
availability of the list (FOIA for $86.00) and what it means to be on the list.
The Hotline also researches the ERRIS to see if a specific site is listed. Since
OERR does not have one individual who is responsible for the Office's publications,
distribution of Superfund materials continues to be a problem.
A great deal of interest has been generated about the transboundary shipments
of hazardous substances and hazardous wastes. RCRA provides that generators must
notify EPA Headquarters four weeks before the initial shipments to each country in
each calendar year. Upon receipt of this notification, EPA, through the State
Department's Office of Environment and Health, Bureau of Oceans, Environment and
Science, notifies the appropriate officials in the receiving country. During the
four week advance notice period, the receiving country has an opportunity to
assess its regulatory and technical capabilities to deal with the material. TSCA
also contains limited authority to regulate the export of chemicals and chemical
wastes and has exercised control over PCB's and tetrachlorodibenzo-p-dioxins.
As of February, 1983, the EPA Office of International Activities has received
and processed approximately 113 export notices. Eighty percent of these notices
were for waste exports to Canada. EPA has no information on the economics of
export for disposal and only a few examples of foreign environmental impairment
from these wastes. Although several laws administered by EPA, FC&, and CPSC
require some type of notification for export, there is no licensing procedures
as suggested in the interagency study which led to the hazardous substances
export policy.

During April the staff reviewed the first draft of the guidance manual on
waste analysis (40 CFR 264.13) being done for Melissa Friedland of the Permit
Assistance Team. The Hotline staff found that much of the material in the manual
is relevant to the questions received on Part B submittals and suggested that
the draft be sent to the Regions for their use.
Federal Register Notices
April 1, 1983	Deconsolidated Permit Regulations - reorganizes
the RCRA 122 and 123 regulations into Section 270
and 271, effective April 1, 1983
April 4, 1983	Proposed re-definition of solid waste and changes
in recycled materials
Proposed listings of chlorinated dioxins,
-dibenzofurans and -pheonols and proposed deletion
of certain listed canmerical chemical products.
Comment deadline is August 2, 1983
April 8, 1983	Technical amendment to final rule amending 40
CFR 261, Appendix III by realigning the lists of
test methods and assigning new numbers
April 11, 1983	Announcement of the meetings of the RCRA permit
Advisory Committee and Task Forces April 27 and 28
April 25, 1983	RCRA/Superfund Regulatory Agenda
April 26, 1983	Granting of Interim Authorization for Phase II,
Components A, B, and C to Mississippi