^0ST^ * ^ ^ w % PUC^ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 MARCH 23, 1984 OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE MEMORANDUM SUBJECT: RCRA/Superfund Hotline Monthly Status Report — -Mea?«h 1984 TO: FROM: Carolyn Barley, Project Officer Office of Solid Waste (382-5235) Barbara Hostage, Project Officer ... Office of Qneryency and Remedial R "In Addressees I. Activities Requests for the report, "Section 3004 Test Protocols for Determining the 'Free Liquids' Content of Hazardous Waste" comprised about one third of all publication requests in February. As of mid February, after 700 plus requests had been filled, the Hotline was instructed to stop taking requests for copies. No future distribution of the document is anticipated. However, copies will be available for viewing only in the RCRA docket and Regional libraries. II. Most Frequently Asked Questions and Answers What is the latest inflation factor for updating the closure/post-closure cost estimate? The inflation factor is determined by dividing the latest annual Implicit Price Deflator for Gross National Product by the previous annual deflator. The deflators are published by the U.S. Department of Connerce in its Survey of Current Business. Typically, the cost estimate update is done annually within 30 days after the anniversary date of the first cost estimate, which was May 19, 1981. Therefore, cost estimates are only required to be updated by the regulations (264.142(b), 265.142(b), 264.144(b), and 265.144(b)) between May 19 and June 19 of each year using the latest deflators which are published every March. However, if a change in the closure/post-closure plan occurs at any other time resulting in increased costs, the closure/ post-closure cost estimates must be revised at that time and updated annually thereafter (265.142(c), 264.142(c), 265.144(c) and 264.144(c)). RCRA ------- 2 Most companies requesting the inflation factor were updating their financial tests letters and want to update their cost estimate to coincide with the close of their fiscal.year. As the regulations are written, the financial test annual update for fiscal year ending December 31, 1983, would cover the May 1983 cost estimate. Callers are reminded that if their facilities are in interim authorized States, the State - not Federal - finanical requirements apply (265.1(c)(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). If the waste is a sludge (see 260.10) or is listed, 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 (commercial chemical products) does not become a hazardous waste if it is recycled or reused, so the hazardous waste regulations do not apply. Which States have interim authorization? What does Phase I vs. Phase II authorization mean? The caller is told which States have no authorization, interim authorization, and final authorization. Phase I requirements are outlined in 271.128 covering standards for generators, transporters, and interim status facilities. Phase II authorization (271.129) covers final permit standards granted in three components: A (storage), B (incineration), and C (land disposal). For interim authorization, the State program is substantially equivalent to the Federal proyram. Final authorization is granted when the State program is equivalent to the Federal one. Usually, questions on State authorization arise when the caller is preparing the financial test update or biennial report which leads to addditional discussions on those requirements. Do generators in interim authorized States send biennial reports to the State and/or the Region? In interim authorized States, the State program is operating in lieu of the Federal program (271.121(b)). The Phase I program under 271.128 covers generator and interim status facility reporting require- ments. Hence, the State report (which may be a biennial, annual, or even quarterly report) is sent to the authorized State and not to the Region. However, since North Dakota's Phase I authorization does not include reporting, generators in North Dakota must send a biennial report to Region 8. ------- 3 When will the Uniform Manifest appear in the Federal Register? A Federal Register notice was published on March 20, 1984. Copies of the notice will be available frcm the Regional Offices approximately mid-April. 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 fron non-specific sources), 261.32 (hazardous wastes fran specific sources), 261.33 (discarded ccnmercial 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). CERCLA - Questions on specific National Priority List sites. The paragraph descriptions in the Hazardous Waste Site Descriptions (HW-8.1 and 8.2) are read to the caller along with information fron the Project Tracking System Site Summary Report. Callers are referred to the appropriate Regional EPA Office or to the Headquarters Docket for more detailed information. If I spill a certain material, is it 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 (RQ). Until final promulgation of the RQs proposed in the May 25, 1983, FR notice, the statutory RQs prevail for notification requirements under CERCLA Section 103(a). ------- 4 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 April 1984. If an abandoned site was not reported under Section 103(c) of CERCLA because it was discovered after the statutory notification period (December 11, 1980 - June 11, 1981), must the site be reported now? New sites should be reported to the Regional Superfund coordinator. The site information will be incorporated into the Elnergency and Remedial Response Inventory System (ERRIS). III. Resolved Issues Does a 265 closure have to use the §270.1(d) certification? No, the closure is not a permit application or a permit report. Source: Betty Zeller Company A etches semiconductor silicon wafers. Company B use the wafers to manufacture printed circuit boards. The two ccmpanies are totally separate. Is company A's wastewater treatment sludge from the etching process classified as a F006 waste? Yes, the wastewater treatment sludge is regulated as F006. The chemical etching is viewed as electroplating, even though the Background Document on electroplating did not include the etching process. The Background Document was overly narrow in including only the manufacture of printed circuit boards and excluding etching. Source: Bill Sproat and Myles Morse Several delisting petitioners have received temporary exclusions from RCRA for their listed waste streams based on leachable nickel concentra- tions of 20ppm. What was the basis for the 20ppn level? The ftnbient Water Quality Criterion human health value was used with a suitable attenuation factor to consider waste matrix effects and soil binding capacity as a basis for the 20 ppm nickel concentration. Source: Bill Sproat and Myles Morse ------- 5 Do portable treatment units connected to a process unit meet the totally enclosed treatment exclusion? Yes, if the unit when connected to a process is in compliance with the Regulatory Interpretive Letter (RIL 84) which specifies the parameter of a totally enclosed treatment facility. Thus, portable treatment units could be used at multiple facilities and be excluded frcm regulation by 265.1(c)(9). Source: Fred Lindsey - Can leachate frcm a landfill or liquid hazardous waste be viewed as waste- water so that the wastewater tanks handling these waste streams are excluded frcm regulation by 265.1(c)(10)? Wastewater has no regulatory definition, but a resonable interpreta- tion would be a process waste frcm an industrial process containing approximately 1% or less contaminants. Treatment tanks for leachate or liquid wastes such as spent solvents or ignitable liquids should not be excluded frcm regulation under 264.1(c)(10). It would be inconsistent to closely control wastes in a landfill and not control management of the hazardous constituents in the leachate from them. Source: Steve Lingle and Fred Lindsey Must the owner or operator of a container storage facility in a downtown area check all nearby businesses for the possibility of injection or withdrawal wells in accordance with the 270.14(b)(19)(ix) topographic map requirement? No, the owner or operator of the container storage facility does not have to check with the individual businesses in the city. He could,however, check with the city water department for potential wells. The State or city may also have a well drillers licensing board which could provide that information. Source: Amy Mills and Burnell Vincent What is the definition of a withdrawal well used in 270.14(b)(19)(ix)? There is no definition for withdrawal well. In order to expedite permit writing, the applicant is encouraged to show the location of wells that might be available for monitoring or which may be conduits for contamination. Active wells currently used to extract ground water for use should be identified as possible avenues of exposure to contamination. Source: Burnell Vincent ------- 6 IV. Federal Register Notices February 1 3984 - February 7 4475 - 4565 - February 8 February 10 February 24 February 28 4802 - 5308 - 5313 - February 15 5854 - 6900 - 7234 - Customs Service - The Treasury Department will enforce the MARPOL Protocol protecting the navigable waters of the U.S. frcm oil pollution fran oceangoing vessels. North Carolina Interim Authorization, Phase II, Component C granted. Justice Department-Hooker Chemicals Plastics Corp. pollution control consent judgment. Delisting petitioners will be asked to supply additional information to delist a waste. Listing for wastes generated during the free radical catalyzed manufacture of chlorinated aliphatic hydro- carbons. Proposed listing of additional wastes generated by the chlorinated aliphatic hydrocarbon manufacture. ANPRM Land Disposal restrictions and bans being considered for certain hazardous wastes under certain conditions. Florida Interim Authorization, Phase II, Component C granted. Extension for Pennsylvania Phase I authorization. Final authorization application will be submitted in June 1984. Other Notices of Interest February 10 5131 - February 15 February 16 5831 - 5922 - 6009 - Clean Water Act - General pretreatment regulations and electroplating standards. Contact Craig Jakubowics, 426-4793. Clean Water Act - availability of water quality criteria document. Contact Frank Gostomski, 245-3030. Clean Water Act - Effluent guidelines for electrical and electronic components point source category final rules. Contact David Pepson, 382-7124. Clean Water Act - notice of study of the Federal role in promoting self-sufficiency of municipal wastewater treatment facilities. Contact Charles Mooar, 382-7276. ------- 7 February 17 5922 - Clean Water Act - proposed rule to limit construction costs of publicly owned treatment works. Contact William Kramer, 382-7277. 6224 - Clean Water Act - Construction grants for municipal wastewater treatment final and interim final rules. Contact William Kramer, 382-7277. 6254 - February 23 6788 - Clean Water Act - Policy for demonstrating financial and management capacity for construction and operation of a POIW. Contact Keith Dearth, 382-7226. Office of Research and Development - External review draft of the Asbestos Health Assessment Upadate availability. Contact Diane Chappell (919) 541-3637. ------- 8 V. Analyses of Questions The Hotline responded to 3,187 questions and requests for documents in February. The breakdown of callers by percentage: Generators 26.1% Other Federal Agencies 3.1% State Agencies Other 9.0% Transporters 1.4% Consultants 29.9% TSD Facilities 14.0% Press 1.2% EPA HQ 1.6% Trade Associations 1.6% EPA Regions 4.4% Citizens 4.9% 2.8% More calls were received from Region III than from any other Region: 1 6.4% 3 23.1% 5 17.2% 7 4.4% 9 9.2% 2 17.0% 4 10.7% 6 7.3% 8 2.8% 10 1.9% Breakdown of questions by subject: RCRA General Information 232 Notification (3010) Definitions (260.10) Petitions/Delisting (260.22) Definitions (261.2 & 3) Exclusions (261.4) 33 50 29 55 64 Small Quantity Generator (261.5) 72 Recycled/Reclaimed (261.6) 122 Container Residues (261.7) 41 TSDF A-Scope/Applicability B-General Facility Standards C-Preparedness Prevention D-Contingency Plans E-Manifest/Recordkeeping/Reporting F-Groundwater Monitoring G-Closure/Post-Closure H-Financial Requirements I-Containers Waste ID (261 C&D) 382 262 Generator Manifest Information 54 Pre-transport 25 Accumulation 58 Recordkeeping & Reporting 97 International Shipments 5 263 Transporter 22 270 B - Permit Application 68_ D - Changes to Permits 7 F - Special Permits 3 G - Interim Status 53_ 271 State Programs 115 124 Decision Making 4 Liability/Enforcement 27 Other/Referrals 186 Document Requests 565 67 s 33 48 63 68 12 J-Tanks 12 K-Surface Impoundments 31 L-Waste Piles ^ 5 M-Land Treatment 5 N-Landfills 48 O-Incinerators 13 P-Thermal Treatment 2 Q-Chemical, Physical, Biol., Treat. 1 R-Underground Injection 4 X-Misc. Facility 2 Y-Experimental 266/267 1 CERCLA General 74 Hazardous Substances/RQ 181 Hazardous Site/NPL/104 102 NCP ii Taxes/IRS | ------- 9 Addressees John Skinner, WH-562 Mike Cook, WH-562 Eileen Claussen, WH-562 John Lehman, 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 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 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 Waste Division Directors, Regions I - X Hazardous Waste Branch Chiefs, Regions I - X ------- |