mi SL PRO1*- ^ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 FEBRUARY 17, 1984 OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE MEMORANDUM SUBJECT: FROM: TO: 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 Addressees 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 printing. 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 SQGs. 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 updated. ------- QUESTIONS/ANSWERS - RCRA Question: Answer: Question: Answer: Question: Answer: Question: Answer: 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 -2- ------- 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 Activities 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, deadline. 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. -3- ------- 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 1983 April 25, 1983 RCRA/Superfund Regulatory Agenda April 26, 1983 Granting of Interim Authorization for Phase II, Components A, B, and C to Mississippi -4- ------- |