Final Monthly Report: RCRA/Superfund Industry Assistance And Emergency Planning And Community Right-To-Know Information Hotline Report. April 1984


MAY 2 2 1984
MEMORANDUM
SUBJECT: RCRA/Superfund Hotline Monthly Status Report -- April 1984
FROM: Carolyn Barley, Project Officer
Office of Solid Waste (382-5235)
Barbara Hostage, Project Officer
Office of Emergency and Remedial Response (382-2186)
TO:	Addressees
I. GENERAL ACTIVITIES
A.	The Hotline responded to 3,371 questions and requests for documents in April.
Page 7 of this report presents more information oh callers and the category
of questions asked.
B.	Irene Horner is no longer working on the Hotline. She has.;a new job working
for EPA in the Studies and Methods Branch, OSVL. Denise.Wr-ight has been	v
promoted to Assistant Project Manager.
C.	Bill Rusin has joined the Hotline as an Information Specialist. Bill has
a Master of Environmental Science degree from Miami University, Oxford, Ohio,
a B.S. in Biology from Notre Dame, and three years of consulting experience in
solid and hazardous waste management.
0. Bob Casteel of the Illinois EPA (IEPA) has told the Hotline that IEPA's newsletter
to TSDF's will now include the Hotline phone numbers.
E.	Over 50% of the 114 document requests in April were for two publications: Solid
Haste Leaching Procedure (SW-924), and Soil Properties, Classification, and
Hydraulic Conductivity Testing (SW-925).
F.	The technical document "Permit Applicants Guidance Manual for the General
Facility Standards of 40 CFR 264" (SW-968) will be available soon. There has
been some delay in its preparation for distribution.
G.	New RCRA and CERCLA publications that are available are listed in Section V and
VI of this report.

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II. FREQUENTLY ASKED AND SIGNIFICANT QUESTIONS
A. RCRA
1.	Does the date of the generator's certification on a manifest designate the
date of shipment?
The date of the generator's certification on a manifest does not necessarily
have to be the date of shipment. The date of shipment is determined by the
date of the initial transporter's signature. The time period for consideration
of exception reporting is based on the date of the transporter's signature,
not the generator's certification (262.42(a)).
2.	a) Is a generator required to keep copies of biennial reports and manifests at the
site? The RCRA definition of generator is site specific.
b) Is a TSDF required to keep copies of manifests and biennial reports on site?
a)	262.40 does not specify that a generator must keep copies of manifests
and biennial reports on site. Copies of both can be kept at corporate
headquarters. It must be noted, however, that 3007(a) of RCRA states the\t
a generator must be able to provide to EPA or duly designated personnel
information on or access to records regarding waste management.
b)	265.71(a)(5) requires TSDF's to retain copies of manifests on site for
at least three years from the date of delivery. 265.74(a) states that all
required records must be furnished upon request and made available for
inspection by EPA personnel. Biennial reports are required records.
3.	Do characteristic hazardous wastes need to be manifested for export if they
are going to be legitimately recycled abroad?
No; the generator provisions of 262.50 which govern exporting hazardous
waste are superseded by 261.6(a) which states that wastes which are deemed
hazardous by characteristic only are not subject to RCRA requirements if
legitimately recycled.
4.	Must a company's Part B permit application submission include a closure date if
the company has no plans for closure in the near future?
Yes; 270.14(b)(13) requires a closure plan to be submitted with the Part B
application, and the estimated closure date is part of that closure plan
(264.112(a)(4)). Later, if the estimated closure date changes, the closure
plan must be amended as a minor modification to the permit (270.42(g)).

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5.	264 and 265 Subpart H state that a financial test letter(s) sent to the Regional
Administrator demonstrating financial assurance and liability coverage must be
signed by the Chief Financial Officer (CFO). Can someone other than the CFO be
delegated to sign these letters?
No; only the CFO can sign financial assurance and liability coverage
demonstration letters.
6.	264.93(c) cites 144.8 of the Underground Injection Control (UIC) regulations for
identifying underground sources of drinking water and exempted aquifers. According
to the preamble to the April 1, 1983, Federal Register, however, which deconsolidates
EPA's Consolidated Permit Regulations, the correct citation should be 144.7 (as
changed from 122.35). If a State is applying for final authorization, should the
State use 144.7 or 144.8?
The proper citation is 144.7; therefore, a State should use 144.7 when
applying for RCRA final authorization.
B. CERCLA
1.	A recent delegation of authority from EPA Headquarters to the Regions concerning
funding immediate removals took place on April 16, 1984. What does the delegation
of authority entail?
Prior to April 16, 1984, Regional Administrators (RA) could authorize the
funding of immediate removals up to $250,000. The April 16 delegation of
authority increases RA's authority for funding immediate removals up to
$1,000,000. In addition, the delegation of authority allows RA's to authorize
exemptions to the statutory six-month immediate removal time limit.
2.	What guidelines does EPA follow for Superfund response actions?
Section 105 of CERCLA required that a revised version of the National Contingency
Plan (NCP) be published to provide a national hazardous substance response
plan. Generally, the revised NCP, published in the July 16, 1982, Federal
Register, establishes procedures and standards for all aspects of responding
to releases of hazardous substances, oil, pollutants, and contaminants.
3.	What is the National Strike Force?
The National Strike Force (NSF) consists of three United States Coast Guard
(USCG) Strike Teams: Atlantic, Pacific, and Gulf Coast. Strike Teams provide
EPA and USCG On-Scene Coordinators with assistance at oil and hazardous substance
removals (see 300.34 NCP). Strike Team personnel are specialists in communi-
cations, site safety, contractor monitoring, and are equipped with specialized
containment and response equipment.

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III. RESOLVED ISSUES
A. RCRA
1.	An owner of a TSDF has RCRA surface impoundments in which no hazardous waste has
been placed since January 26, 1983. A closure plan has been submitted but not
approved. The TSDF land is divided into two parts to be sold. One half has all
the surface impoundments, the other half has none.
a)	Does either half have interim status if the present owner/operator was planning
to close down all hazardous waste management?
b)	If a change of ownership does occur, does the Part A change?
a)	If the property sold has no units, that portion has no interim status.
The half that has the surface impoundments has interim status even though the
old owner is planning on closing. Interim status is in effect until
terminated by 124 procedures.
b)	Yes; changes in the ownership of a facility may be made if the new owner
or operator submits a revised Part A permit application no later than 90 days
prior to the scheduled change ( 270.72(d)).
Source: Debbie Wolpe
Research: Irene Horner
2.	The dry cleaning industry use carbon filters to filter the solvent,
perchloroethylene. Are the resulting carbon filters which contain spent
perchloroethylene viewed as hazardous waste?
The filters are viewed as F002, and the weight of the filter is counted toward
the small quantity generator (SQG) limit of 1000 Kg. These filters are
typically generated by the dry cleaning industry and may contain up to one
gallon of perchloroethylene.
Source: Alan Corson
Research: Denise Wright
3.	Wastewater from an API separator discharges into multiple sequential surface
impoundments where the solids fall out.
a)	Is the wastewater from the API separator a hazardous waste if it doesn't
exhibit a Subpart C characteristic?
b)	Is the sludge that precipitates out in the impoundments a K051 waste?
c)	If the wastewater is filtered, are the solids from filtration K051?
a)	No.
b)	Yes; the API separator and subsequent impoundments used for settling of
solids are viewed as all part of the API separation system.
c)	Yes.
Source: Myles Morse and Jim Poppiti
Research: Denise Wright

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4.	If equipment from drilling for crude oil or natural gas is steam-cleaned off-
site from the drilling site, is the waste excluded from regulation by 261.4(b)(5)
even if the waste exhibits a Subpart C characteristic?
Wastes uniquely associated with the exploration, development or production
of crude oil, natural gas or geothermal energy are excluded from regulation
by 261.4(b)(5) regardless of whether the waste exhibits a Subpart C
characteristic. Since only water is used for steam-cleaning, the drilling
waste is still excluded from regulation. If another cleaning agent not
uniquely associated with the exploration, development, or production of
crude oil, natural gas, or geothermal energy was used, then the waste could
be subject to regulation. For example, if methylene chloride was used to
clean the equipment, the waste would be subject to regulation as F0U2.
Source: Meg Silver
Research: Denise Wright
5.	In filing a Part B permit application for a Department Of Energy (DOE)
facility, what State regulations are applicable according to the Memorandum of
Understanding (MOU) between EPA and DOE on hazardous waste and radioactive
mixed waste management?
On April 13, 1984, the United States District Court for the Eastern
District of Tennessee, Northern Division, concluded . .that application
of the RCRA regulation at Y-12 (one of the DOE facilities at Oak Ridge,
Tennessee) will not be inconsistent with the Atomic Energy Act (AEA)."
DOE has indicated to EPA's Office of Solid Waste and Emergency Response
(OSWER) that it will not appeal the court's decision and will in fact
comply with RCRA on a nationwide basis. The status of the MOU is currently
unclear. In terms of filing a permit application, the DOE applicant must
comply with the State's standards even if they are more stringent than
EPA's under RCRA. The issue of how to handle radioactive mixed waste was
not addressed by the court and is still being contemplated by EPA.
Source: Tony Baney
Research: Tom Gainer
6.	A facility with an API separator sends its effluent to surface impoundments prior
to discharge at an NPDES permitted outfall. The sludge is taken to a land
treatment site nearby. Precipitation run-off from the active tilling portion of
the land treatment operation is collected in the impoundments. Is the waste in
the impoundments deemed K051 because the effluent comes in contact with the
sludge in the separator tank?
No; the effluent must prove to be hazardous by characteristic. K051 is the
sludge generated in an API separator. The supernatent cannot be K051 by
definition and separation does not constitute mixing. On April 10, 1983, OSW
issued a memo describing the policy on run-off from active portions of hazardous
waste management units. For land treatment units, this memo suggests that the
run-off from active portions be presumed to be a hazardous waste because it is
likely to have mixed with listed waste leachate. This policy, however, is
currently being reevaluated due to concerns raised by industry. Comments from
industry, EPA Regional offices, and States are being examined now. For
additional information on this issue, contact Mike Flynn, 382-4489.
Source: Art Hay
Research: Ken Jennings

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B. CERCLA
1.	A waste electroplating solution consisting of a gold-cyanide complex is shipped
to a reclaimer. The May 25, 1983, Federal Register on Reportable Quantities
(RQ) exempts F007 wastes if they contain precious metals. Also, under the
generic category of "cyanide," the RQ is for cyanide wastes that are "not
elsewhere specified." Since F007 wastes are specified, including the precious
metals exemption, would a s^ill ot this waste be subject to the RQ rules?
Yes; a spill would be subject to the statutory one pound Reportable
Quantity for cyanide. The interpretation is that since precious metal
wastes are not included in F007 wastes, they are not "elsewhere specified,"
and, therefore, are subject to the cyanide RQ.
Source: Rick Horner
Research: Gordon Davidson
2.	a) What are the limits of liabilities for responsible parties under CERCLA,
Section 107(c)(1) (D)?
b) What do the limits in Section 107(c)(2) refer to?
a)	Section 107(c)(1) provides that unless the exception in 107(c)(2) applies,
the following limitations apply to the responsibility of an owner or operator
or the other responsible person for each release of a hazardous substance:
Maximum liability for vessels, motor vehicles, aircraft, pipeline, and
rolling stock as defined in §107(c) (1)(a-c).
Maximum liability for all other types of facilities is the total of all
response costs plus $50,000,000 in damages for injury or loss of natural
resources (as set forth in §107(a) or §lll(b)).
b)	Section 107(c)(2) provides that notwithstanding §107(c)(1), any responsible
person can be held liable for the full and total cost of response and natural
resources damages if that person's actions fits within the activities described
in §107(c) (2)(A) or (B) (e.g., willful misconduct).
Source: Gail Cooper
Research: Irene Horner
3.	Remedial actions funded by CERCLA monies are subject to fund balancing
to ensure cost-efficient allocation. Are privately funded remedial actions
subject to the same fund balancing requirements?
No; only federally funded remedial actions are subject to fund balancing
requirements (104(c)(4)). (47 FR_ 31216, July 16, 1982)
Source: John Hall
Research: Tom Gainer

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1
ALYSES OF QUESTIONS
The Hotline responded to 3371 questions and requests for documents in April. Of the
questions asked, the percentage of callers was:
Generators	23%		State Agencies	12%
Transporters	2%		Consultants	28%
TSOF's 	9%		Press	1%
EPA HQ^T	1%		Trade Associations	<1%
EPA Regions	5%		Citizens	10%
Federal Agencies	4%		Others	W
More calls were received from Region 3 than in any other Region. Breakdown by Region:
1	8%	3	18%	5 16%	7	4% 9	9%
2	15%	4	12%	6 10%	8	4% 10	4%
RCRA	TSDF	y
General Information	193	A-Scope/Applicabi 1 ity	37
No^fication (3010)	34	B-General Facility Standards	14
8^^oitions (260.10j	61	C-Preparedness Prevention	3
Eions/Delisting (260.22) 51	D-Contingency Plans	13_
iTinitions (261.2 & 3)	107	E-Manifest/Recordkeeping/Reporting	2b_
Exclusions (261.4)		 113	F-Groundwater Monitoring	42_
Small Quantity Generator (261.5) 103	G-Closure/Post-Closure	46_
Recycling/Reclamation (261.6) 120	H-Financial Requirements	45_
Container Residues (261.7)	28	I-Containers	2u
Waste ID (261 C&D)	248	J-Tanks	33
262	Generator	K-Surface Impoundments	26_
Manifest Information	50	L-Waste Piles	0
Pre-transportation	10	M-Land Treatment	2
Accumulation	81	N-Landfills	24_
Recordkeeping & Reporting	13	0-Incinerators	24_
International Shipments	15	P-Thermal Treatment	0
263	Transporter	23	Q-Chemical, Physical, Biological Treat.	0
270	B - Permit Application	49	R-Underground Injection	2
D - Changes to Permits	24	X-Miscellaneous	2
F - Special Permits 	1_	Y-Experimental	0
G - Interim Status	39	266/267		0
271	State Programs	44
124 Decision Making	0	CERCLA
General	General	6!?
Hazardous Substances/RQ	166
Liabi 1 ity/Enforcement	17	Hazardous Site/NPL/104	90
Other/Referrals	492	NCP	30
^^ument Requests	714	Taxes/IRS	]_

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V.	RCRA PUBLICATION INFORMATION
1.	The report entitled "National Survey of Hazardous Waste Generators and
Treatment, Storage and Disposal Facilities Regulated Under RCRA in 1981"
which was prepared for EPA by the Westat, Inc., is available in limited
numbers from the Hotline.
2.	A draft Technical Resource Document entitled "Procedures for Modeling Flow
Through Clay Liners to Determine Required Liner Thickness" is available in
limited numbers. Call the Hotline to request copies. EPA requests comments on
the acccuracy and completeness of the modeling methods. Comments should be sent
to: Docket Clerk, Office of Solid Waste (WH-562), US Environmental Protection
Agency, 401 M St. S.W., Washington, DC 20460.
3.	The Semiannual Regulatory Agenda is published in the April 19, 1984, Federal
Register. It includes summaries describing the status of EPA regulations under
development, revision, and review.
VI.	CERCLA PUBLICATION INFORMATION
1.	Last month's Hotline report presented the Superfund publication "540" series,
listing twelve technical documents. Only two of the documents are currently
available through ORD Publications ((513) 684-7562).
° Slurry Trench Construction Manual.
° Case Studies 1-23: Remedial Response at Hazardous Waste Sites.
The Hotline will provide information on the other documents in the series as
they are available.
2.	Copies of the "List of Potentially Responsible Parties at Superfund Sites"
are available through a Freedom of Information Act (FOIA) request for $75.00.
VII. FEDERAL REGISTER NOTICES
April 5
13526
EPA announced the extension of Tennessee's Phase I
interim authorization period, pending completion of
application for final authorization.
April 6
13697
New Jersey is awarded Phase II interim authorization,
Components A and B.
April 9
13915
Pursuant to the Paper Reduction Act of 1980, notice is
given of several clearance requests completed by 0MB,
among them RCRA Interim Status Inspection Checklist
and Land Disposal Permitting Standards.

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£aqe 9
April	11
April	19
April	20
April	24
14344
16354
16819
17716
Rhode Island is granted an extension of its application
deadline for final authorization until July 1, 1984.
The Semiannual Regulatory Agenda.
The Agency announced the availability for comment of a
Technical Resource Document (TRD) entitled Procedures
for Modeling Flow Through Clay Liners to Determine
Required Liner Thickness.
The Agency amends its permit regulations. The amendments
will allow an applicant who files a deficient application
to receive a notice before being subject to EPA enforcement,
ADDRESSEES:
John Skinner, WH-562
Mike Cook, WH-562
Eileen Claussen, WH-562
Robert Knox, WH-562
Carl Reeverts, WH-562
Cora Beebe, WH-562A
Jack McGraw, WH-562A
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 Ruhter, WH-565
Wi11iam Sanjour, WH-563
Truett DeGeare, WH-563
Steve Levy, WH-563
Peter Guerrero, WH-563
John Thompson, WH-563
Mike Shannon, WH-563
George Garland, WH-562
William Hedeman, WH-548
Elaine Stanley, WH-548
Kenneth Biglane, WH-548A
Robert Landers, WH-548A
Jim Jowett, WH-548B
Hazardous Waste Division Directors, Regions I-X
Hazardous Waste Management Branch Chiefs, Regions I-
Henry Van Cleave, WH-548B
Russ Wyer, WH-548-E
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
Sue Moreland (ASTSWMO)
Diane McCreary, Region III Library
Joyce Baker, Region III Library
Lisa Friedman, LE-132S
Steve Dorrler, EPA - Edison, NJ
John Gilbert, EPA - Cincinnati, OH
WH-563/Barley/5-25-84/382-5235/Hotline Disk #2 Doc #4

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