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. ------- RCRA/Superfund Hotline Apri1 1984 Report Page 2 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)). ------- RCRA/Superfund Hotline April 1984 Report Page 3 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. ------- RCRA/Superfund Hotline April 1984 Report Page 4 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 ------- RCRA/Superfund Hotline Apri1 1984 Report Page 5 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 ------- RCRA/Superfund Hotline Apri1 1984 Report Page 6 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 ------- "^RA/Superfund Hotline April 1984 Report 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 ]_ ------- RCRA/Superfund Hotline April 1984 Report Page 8 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. ------- RCRA/S'jperfund Hotline Apri1 1984 Report £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 ------- |