o.
f	o	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
SEPTEMBER 21, 1984
MEMORANDUM	office of
SOLID WASTE AND EMERGENCY RESPONSE
SUBJECT: RCRA/Superfund Hotline Monthly Status Report -- August 1984
FROM: Carolyn Barley, Project Officer ( /- ^
Office of Solid Waste (382-5235)	/T^	=i
Barbara Hostage, Project Officer
Office of Emergency and Remedial Response (382-2186)
TO:	Addressees
I. ACTIVITIES
The Hotline responded to 3,506 questions and requests for documents
in August.
II. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES
A. RCRA
1. A facility generates a baghouse dust from remelting primary
produced steel. The remelting occurs in electric furnaces. The
baghouse dust contains fluoride neutralized by calcium carbonate
and the heavy metals: lead and selenium. The baghouse dust has
been analyzed for the heavy metals (50.66ppm lead and 18 ppm
selenium). The analytical methods used were 8.56 and 8.59,
respectively, in SW-846 (not the EP toxicity test). Assuming
that the baghouse dust will fail the EP toxicity test, should
the waste be K061 (even though it is not primary smelting) or
should it be D008 and D010?
The waste generated from this process is K061. Although steel
is being remelted, this process is considered primary production
for the purposes of RCRA.
Source: Matt Straus
Research: Gordon Davidson
2. Is the disposal of off-specification, undetonated explosives used
in oil exploration governed by the exclusion in Part 261.4(b)(5)?
The explosives are not included in the exemption because
they are not uniquely associated with exploration. There-
fore, disposal of these explosives is a regulated activity.
Source: Penny Hansen
Research: Tom Gainer

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August 1984 Report
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3.	A company recycles methyl chloroform (F002) through a distillation
process. Often after distillation, the recovered methyl chloroform
does not meet market specifications and must be disposed. Is
this waste listed as F002 or U226?
Off-specification solvents produced from the distillation
of listed solvent hazardous waste would be treated as an
off-specifiction commercial chemical product if discarded
according to 261.33 of Title 40 and considered U226 for
regulatory purposes.
Source: Penny Hansen
Research: Tom Gainer
4.	EP Toxic leachate from a sanitary landfill (non-hazardous) is
collected and pumped back into the landfill. Is the landfill
a RCRA TSD facility?
Once the leachate is collected, its subsequent
management is regulated by the RCRA TSDF requirements.
Source: Mark Greenwood
Research: Tom Gainer
5.	An aqueous waste containing small amounts of an organic
compound flashes in a Pensky-Martens Closed Cup Tester.
Is this waste RCRA ignitable or is it excluded from that
definition because it "contains less than 24% alcohol?"
The waste has no alcohol in it.
If an aqueous waste contains no alcohol, it is not excluded
from the definition of ignitable as 1s wine or latex paint.
Hence, if the flashpoint is less than 140°F, the aqueous
waste is deemed ignitable. EPA is working on developing
a test for such wastes to determine if they would sustain
coirbustion or only flash in the Closed Cup Tester.
Source: Florence Richardson
Research: Denise Wright
6.	Does the professional engineer (P.E.) who certifies information
for a permit application have to be licensed in the same state
where the facility is located?
No; the RCRA regulations do not indicate so, and it would seem
excessive for EPA to require that.
Source: Terry Grogan
Research: Denise Wright
7.	A new landfill will have a separate owner and operator. While
both parties will sign the permit,
a) is one party chosen as the "permittee"?

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b) which party is liable
i) during the operating life?
ii) during closure/post-closure?
a)	Both the owner and operator are the "permittees"
on the permit; however, it is common for the
operator to assume responsibility for meeting
permit conditions.
b)i)	Both the owner and operator are liable during the
facility's operating life.
ii) Both the owner and operator are liable during
closure/ post-closure of the facility, unless
the closure/post-closure plans specify that the
owner of the facility is becoming the operator
as well as the owner. This action would be
accompanied by a permit modification and relieve
the original operator from liability (under
RCRA) during the closure/postclosure period.
Source: Chaz Miller
Research: Tom Gainer
8. An interim status facility undergoes a transfer of stock while
the name of the owner/operator remains the same and the facility
operations do not change. Does this change require a modified
Part A permit application under §270.72(a)?
If stock is transferred from an interim status facility,
the transaction must be scrutinized by the Agency. In
situations where a majority of the company's stock is
transferred to another company, operational control and
the financial status of the company may change. In
these situations, it is appropriate to require a modified
Part A. If, however, only a minority interest is transferred,
operational control and financial status may not change.
In these cases a modified Part A is not necessary
(assuming no name change).
Source: Susan Schmedes
Research: Tom Gainer
II. B. CERCLA
1. After a notice letter is sent to a responsible party in a
CERCLA case, what correspondence follows if there is no
response?
There is no uniform procedure of correspondence in dealing
with a responsible party. Typically a notice letter is
sent to the party when EPA has determined that a 104

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response action is necessary. EPA may send more than one
notice letter if there is no response to the initial letter.
In the event of no response or successful negotiation,
EPA may issue a 106 administrative order to clean up the
site, sue the party for clean up, or elect to clean up the
site itself and recover costs later. The decision rests
on negotiations at the time and urgency of removal or
response action. If the notice letter includes a request
for information which is ignored, this can be followed with
a RCRA 3008 order to obtain the information.
Source: Barbara Elkus
Research: Denise Wright
2.	What is a Record of Decision (ROD) under CERCLA?
After the remedial investigation/feasibility study is
completed at a National Priorities List site, a remedy is
chosen. A Record of Decision (ROD) is the document that
describes the selected remedy and the basis for selecting
the remedy. Action memos or Records of Decision for Initial
Remedial Measures (IRMs) are approved by the Regional
Administrators. All remedial actions are approved by the
Assistant Administrator (AA) for OSWER.
Source: Bill Hanson
Research: Tom Gai ner
3.	Is a public hearing required after a Superfund site
Feasibility Study is completed?
The Superfund Community Relations Policy Memo (Lee Thomas,
May 9, 1983) specifies that a three week comment period
follow the completion of a Feasability Study. A public
meeting is generally provided by the Regions.
Source: Daphne Gernnill
Research: Tom Gai ner
4.	What is the effective date for recovering state expenditures for
Superfund-type cleanup activities before CERCLA was enacted?
Under Section 104(c)(3) of CERCLA, States shall be granted
credit against the share of costs for which it is responsi-
ble for any documented funds expended or obligated by the
State between January 1, 1978, and December 11, 1980.
Source: Sam Gutter
Research: Tom Gainer

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August 1984 Report
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' III. ANALYSES OF QUESTIONS
The Hotline responded to 3,506 questions and requests for documents in August.
Of the questions asked, the percentage of callers was:
Generators	25.5%		State Agencies	7.5%	
Transporters	2.7%		Consultants	28.2%	
TSDF's	12.5%	Press		0.7%
EPA HQ's	1.6%	Trade Associations	1.1%	
EPA Regions	6.7%		Citizens	5.9%	
Federal Agencies	3.0%		Others	4.2%	
More calls were received from Regions 3 than in any other Region. Breakdown
by Region:
1 7.3%	3 20.6% 5 19.4% 7 3.8% 9 9.4%
2 14.1%	4 11.6% 6 7.1%	8 3.9% 10 2.7%
Canada <1%
RCRA	TSDF
General Information	298	A-Scope/Applicabi 1 ity	93
(Notification (3010)	37	B-General Facility Standards	20
Definitions (260.10T~	50	C-Preparedness -revention	7
Petitions/Delisting (260.22) 28	D-Contingency Plans	11
Definitions (261.2 & 3)	94	E-Manifest/Recordkeeping/Reporting	7_
Exclusions (261.4)		 46	F-Groundwater Monitori ng	39
Small Quantity Generator (261 .5) 72	G-Closure/Post-Closure	6b
Recycle/Reclaim (261.6)		95	H-Financial Requirements	24
Container Residues (261 .7)	27	I-Containers	36
Waste ID (261 C&D)	265	J-Tanks	47_
262	Generator	K-Surface Impoundments	34
Manifest Info	149	L-Waste Piles	13
Pre-transport	22	M-Land Treatment	3_
Accumulation	94	N-La ndf ills	20
Recordkeeping & Reporting 34	O-Incinerators	19
International Shipments	10	P-Thermal Treatment	4_
263	Transporter	60	Q-Chemical, Physical, Biological Treat. 5
270	B - Permit Application	78	R-Underground Injection	6_
D - Changes to Permits	21	X-Misc. Facility	0_
F - Special Permits	4	Y-Experimental	0_
G - Interim Status	60	266/267	1__
271	State Programs	111
124 Decision Making	5	CERCLA General	165
Hazardous Substances/RQ	109
General	Hazardous Site/NPL/104	98_
Liability/Enforcement	39	NCP	15_
Other/Referral;	300	Taxes/IRS 	7_
Document Request?	352

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IV. PUBLICATIONS
A. RCRA
1.	"Ground-Water Protection Strategy", August 1984, presents EPA's
policies for protecting groundwater which impact on all agency
programs. Copies are available from the Office of Ground-Water
Protection at 382-7077.
2.	"National Permits Strategy," August 1984, EPA 530/SW-84-007, is
available from the RCRA docket.
B. CERCLA
1. Copies of the "CERCLA Compliance/Enforcement Policy Compendium,"
February, 1984, are not readily available due to the size of this
document. However, a copy of the table of contents may be obtained
from John Cross at 382-4829 so that a particular memo may be
selected and then requested under the Freedom of Information Act.
V. FEDERAL REGISTER NOTICES
August 3, 1984 49 FR 31094
August 6, 1984 49 FR 31301
August 7, 1984 49 FR 31417
August 16, 1984 49 FR 32766
August 20, 1984 49 FR 33018
Correction to the proposed rule
regarding class permits for above-
ground storage of hazardous waste in
containers and tanks at the generator
site (49 FR 29524).
EPA tentatively intends to grant final
authorization to Colorado to operate
its hazardous waste program in lieu of
the federal program provided all EPA
concerns are addressed by the State.
EPA grants Georgia final authorization
to operate its own program in lieu of
the federal proyram, effective
August 21, 1984.
The EPA Notice lists petitions received
by EPA between the previous listing of
February 28, 1983 (48 FR 8278) and
July 1, 1984. The petition covers
requests for general changes to the
regulations and specific requests to
exclude on a site-specific basis
wastes from regulation as hazardous.
EPA grants a further extension to allow
Arizona, California, Nevada, and the
Territory of Guam to submit their com-
plete applications for Phase II interim
authorization by January 26, 1985.

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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
CI em Rastatter, WH-563
Elizabeth Cotsworth, WH-563
Penny Hansen, 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
Mike Shannon, WH-563
Susan Mann, WH-563
George Garland, WH-562
William Hedeman, WH-548
Elaine Stanley, WH-548
James Makris, WH-548A
Robert Landers, WH-548A
Jim Jowett, WH-548B
Henry Van Cleave, DOD/DLA
Russ Wyer, WH-548E
Bi 11 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
Li sa Friedman, LE-132S
Steve Dorrler, EPA - Edison, NJ
Thad Juszczak, WH-562A
John Gilbert, EPA - Cincinnati, OH
Jack Stan:on, WH-548B
John Riley, WH-548B
Mike Flaherty, WH-548B
Jack Kooyoomjian, WH-548B
Rick Horner, WH-548B
John Bosky, EPA - Kansas City, KS
Hazardous Waste Division Directors, Regions I-X
Hazardous Waste Management Branch Chiefs, Regions I-X

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