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


f	\	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 10460
November 2, 1984
OFFICE OF
SOLID WASTK AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT: RCRA/Superfund Hotline Monthly Status Report — September 1984
FROM: Carolyn Barley, Project Officer	i&.c~ -
Office of Solid Waste	/T
Barbara Hostage, Project Officer \&Q/U>&+CV {*^/<>oAuu^ ^
Office of Bnergency and Remedial Response (382-2186) *
TO:	Addressees
I.	ACTIVITIES
The Hotline responded to 3,534 questions and requests for documents
in Septenber.
II.	SPECIAL SECTION: BUBNINS HAZARDOUS WASTE
The Hotline has been receiving a significant number of questions concerning
burning hazardous waste in incinerators, boilers, and industrial furnaces.
The following discussion presents upcoming rulemakings which will affect
those persons who burn hazardous wastes. These rulemakings will include
ackninistratiue controls, waste listing, management standards, and permitting
controls. Also included are technical contacts for a particular rulemaking.
What is the status of any upcoming incineration cr burning regulations?
Incineration standards are fairly well established. However, rules are
being developed to control burning in boilers and industrial furnaces.
Burning for energy recovery is now exaqpt under the recycling exemption of
S261.6. Only the enforcement policy on sham recycling (48 Federal Register
11157, March 16, 1983) currently limits the types of wastes that may be
burned for energy recovery in boilers and industrial furnaces (i.e., wastes
with de minimis heat value1, irrespective of whether they have been subsequently
blended with high value materials, may not be legitimate fuels, particularly
if burnto in nor-industrial fliers;. If recycling is not legitimate, the
unit b^rninj the material is a RCKA incinerator
1 Waste with de minimis heat value are those with less than 5,000 to 8,000 BTU/lb
as generated.

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Three rulemakings on burning in boners and industrial fumaoes are being
developed as follows:
a* Adtadnistrative Controls on Blending and Burning Hazard's Waste and
Used Oil Fuels. These controls are scheduled to be pcopoood before
January 1985. The controls would ban burning of hazardous waste and
highly contaminated used oil fuels in nonindustrial boilers (i.e.,
residential, commercial, and institutional boilers) and would regulate
the 8 tor age and transportation of all hazardous waste fuels, including
characteristic by-products and spent materials, and all blended hazardous
waste-derived fuels. (Currently, only listed wastes and sludges are
subject to storage and transportation controls and only prior to direct
use as fuel or prior to use to produce a waste-derived fuel.)
Under the current draft of the proposed rules, only used oil fuels that
meet a specification limiting the concentration of certain metals and the
flash point may be burned in nonindustrial boilers. Used oil containing
than 4 ,G'C j ppm tou.1 chorine would be prer rne-3 to be a hazardous
waste because of mixing with listed hazardous chlorinated solvents, or
other chlorinated hazardous waste. The presumption could be rebutted
by showing that the oil does not contain chlorinated hazardous waste.
Otherwise, it would be banned from nonindustrial boilers.
Marketers and burners of hazardous waste fuel and off-specification used
oil fuel would be required to notify EPA of their "waste-as-fuel"
activities. All hazardous waste fuels would be subject to RCRA storage
and transportation standards. Although shipments of off-specification
U;J cil f-el would be subject to dn invoice recordkeepir,g requirement,
used oil fuels would not be subject to storage standards, nor would
txuinary used oil generators and transporters be subject to regulation.
Contact: Bob Holloway (382-7936)
b.	Listing Used Oil as Hazardous Waste and Recycled Oil Management Standards.
In mid-1985, EPA plans to propose to list used oil as a hazardous waste"
Although special requirements may be proposed for recycled oil, they are
not expected to be as comprehensive. Burning of off-specification used
oil fuel in any boiler or furnace would be prohibited unless metals
emissions were reduced to levels that would occur if specification used
oil fuel were burned. Air pollution control equipment or furnaoe
chemistry or processes are alternatives that may be considered to reduce
metal emissions.
Contact: Mike Petruska (382-7935)
c.	Technical Controls on Burning Hazardous Wtete in Boilers and Kilns.
In 1985, technical permitting controls will be proposed for boilers and
certain industrial furnaces such as cement and aggregate kilns. (Controls
for other industrial furnaces like blast furnaces will be proposed as the
devices are tested and data evaluated.) Thn controls for boilers and kilns
would regulate burning in these units irrespective of whether the wastes
were burned for energy recovery or destruction (i.e., incineration). Thus,
these rules would supercede the sham recycling enforcement policy of
March 16, 1983.

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The controls would be patterned after the Incinerator standards in that
they would ensure a 99.991 destruction and removal efficiency (DRE) for
organics. Emissions of particulates, metals, and hydrogen chloride acid
(HCL) would also be limited. A two-tiered permitting approach is being
considered for demonstrating 99.99% DRE. If a boiler meets certain
design and operating conditions and if it burns hazardous waste that meet
a specification far heat value, metals, and chlorine oontent, it would be
permitted without a trial burn to demonstrate 99.99% ORE. This is similar
to the provision for incinerators allowing "data in lieu of a trial burn."
It is anticipated that 75% of the estimated 1000 boilers burning hazardous
waste may be permitted without a trial burn. Other boiler/waste situations
and kilns would likely be required to demonstrate 99.99% ORE by trial burn.
Contact: Dave Susaroan (382-7917)
III. SPECIAL SECTION: NATIONAL PRIORITIES LIST UPPKE ~!
On September 12, 1984, Lee Thanas, Assistant Administrator for the Office of
Solid Waste and Emergency Response announced the addition of 128 sites to
the National Priorities List (NPL). Of the 128 new sites, 123 were proposed
in September 1983, and five were from the "continuing-to-be-proposed" site
list. These additions to the NPL bring the total number of sites to 538.
The Hotline is accepting requests for informational materials on Update #1.
IV. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES
A. RCRA
la. Has the Agency issued any guidance with regard to the placement of
monitoring wells at the conplianoe point?
a. TWo documents are available which may aid RCRA permit applicants:
Ground-Mater Monitoring Guidance for Owners and Operators of
Interim Status Facilities (SW-963, available through the National
Technical Information Servioe (NTIS)), order number PB 83-209-445.
Permit Applicants' Guidance Manual for Hazardous Waste Land
Treatment, Storage, and Disposal Facilities (Final Draft, May
1984, EPA 530 SW-84-004, pp. 9-33 to 9-34, 9-50, and 9-68
available through the Government Printing Office (GPO)), order
number 055-000-00240-1.
lb. Specifically, is it permissible to put monitoring wells 30 feet back
fro?, the ccrplisncr point in the e^snt physical or institutional
barriers preclude placement at the point?

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b. Hie rule specifically e *tes that the point of compliance (POC^
will be at the limit of the waste management area* In one draft
manual (T7e., the Craft Permit Writers Manual far Ground-Water
Protection, Nay 1983), OSW proposed a 30 foot "slush zone" in
which one could place monitoring wells for the conplianoe point.
However, such guidance is inconsistent with the regulations, and
is, therefore, inappropriate. This guidance was removed frcn the
next edition (October 1983). Where it is physically iiqpossible
to canply with the letter of the regulation, the Regional Office
may exercise enforcement discretion on a case by case basis.
Source: George Dixon (382-4494)
Burnell Vincent (382-4658)
2.	A corpany has an F002 waste stream (1,1,1-trichloroethane) which it plans to
delist according to sections 260.20 and 260.22. What criteria or standards
does EPA use in evaluating a delisting petition?
In evaluating a delisting petition, &h compares concentrations of the
hazardous waste in the waste stream (in this case, 1,1,1-trichloroethane)
with the applicable water quality criterion for that chemical as established
by the Agency's Water Program, or by oaqparison to a standard listed by the
Agency's Carcinogen Assessment Group. For furthe" c!?»-tfication on the
criteria far listing and delisting a hazardous wastw scctia. 261.11 rr.ay be
consulted.
Source: Bill Sproat (382-4783)
3.	Although FOOl li«?ts "hottcm sediment sludge fran the treatment of wastewaters
from wooa preserving processes that use creosote and/or pentachlorophenol,"
the backercunc Document also includes the wastewater. Is the wastewater
included in the KOOl listing as described in the background document?
KOOl covers the bottom sediment sludge and not the wastewater. The
wastewater from this process was proposed as a listed hazardous waste in
the May 19, 1980 Federal Register (45 ER 33136). This proposed rule is
under consideration and has not been finalized.
Source: Francine Jacoff (382-4794)
4.	What responsibility, if any, does a generator of hazardous waste have for
residues produced from the recycling of his waste? For example, ccrrceive
hazardous wastes produced by numerous generators are transported to the same
recycler. The recycled hazardous wastes result in the generation of by-products
that v.-e alsr hazardaa;	Are dse original generators liable under RCRA
if hazardous wastes generated by the recycler are mismanaged?
No; hazardous wastes generated during the recycling operation are new
wastes, and the recycler is viewed as the generator. Thus, the recycler
is responsible for ccirpliance with Part 262, Standards Applicable to
Generators of Hazardous Waste, for the hazardous waste by-products produced
from his recycling activities.
Source: Jill Weller (382-7709)

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5.	What is the destruction and removal efficiency (DRE) for incinerators which
are currently permitted?
Under 5264.323(a), the ORE oust be 99.99% for principle organic hazardous
constituents (PC-HCs) designated in the permit.
Source: Bob Holloway (382-7936)
6.	If a facility that came into existence after November 19, 1980, becomes
regulated under RCRA because of a revision to the regulations, when nust the
owner/operator file a Part A?
The note in 5270.10(e) states that the Mministrator will specify in the
preanble to that revision when the facility must sutxnit a permit
application.
Source: Debra Wolpe (382-4754)
7.	Is a reactive, toxic sludge from precious metal electroplating destined
for disposal or treatment but not recovery, a F008 waste or a characteristic
hazardous waste?
The waste would not be a F008 waste because F008 excludes sludges from
precious metal electroplating. However, it would be a hazardous waste
subject to RCRA regulations if it exhibits a Subpart C characteristic
(Ignitable, Reactive, Corrosive, EP toxic).
Souroe: Steve Silverman (3E2-77G3)
8.	a. Do tanks used for collecting hazardous waste spills need to be addressed
in the closure plan?
b. Does a tank used for spills fran a manufacturing process need to be
regulated if the waste remains in the tank for less than 90 days?
a.	Any tank that will be used on a predictable basis for hazardous
waste storage is subject to facility standards and should be
addressed in the closure plan. If the tank never receives waste,
however, it may not need to be closed.
b.	Section 261.4(c) excludes the waste fran regulation until it
exits the process. If the material spilled is or becanes a
hazardous waste as a result of a predictable spill, only the
generator standards under section 262.34 would apply provided
. the waste is kept in the tank for less than 90 days. If the
waste is kept in the tank beyond 90 days, the facility standards
for storage under section 264 or 265 also would apply.
Souroe: George Garland (382-4761)
Bill Kline (382-3081)

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9. Which, if a«v- container -rode sh- 'd be used in iter. 12 of the Unif
^rcajs	r,_- ..rest lot a 2,uj0 lb. industrial battery that has not
been placed in a oontainer?
According to the Department of Transportation's (DOT) Hazardous Materials
Regulations (49 CFR 173.260(a)(3)), batteries weighing greater than 300
lbs. do not have to be plaoed in a oontainer while being transported.
Thus, since DOT does not require the battery to be shipped in a container,
item 12 on the manifest would be left blank.
Source: Carolyn Barley (EPA 382-5235)
Ed Mazzullo (DOT 426-2075)
IV. B. CERCLA
1. Nay Super fund monies be used to clean up federally owned facilities ?
Under CERCLA section 111(e)(3), Superfund monies may be expended for
removal actions at federally cwned facilities but not for remedial
actions unless the actions are specified in CERCLA Section 111(c).
Therefore, the federal agency which owns the facility is responsible
for funding any remedial actions that may be necessary.
Source: Meg Silver (382-77u^)
2.	Do EPA's policies toward responsible parties include foreign responsible
parties whose actions in the United States may have created a health cr
envirormental threat?
EFA's policies toward foreign responsible parties are the same as those
toward domestic responsible parties.
Source: Debbie Woitte (382-3117)
3.	If a hazardous substance listed under CERCLA section 101(14) is delisted
frcm its statutory source (i.e., the Clean Water Act sections 307(a) and
311, the Clean Air Act section 112, section 3001 of the Resource Conservation
and Recovery Act, and the Toxic Substances Control Act section 7), is it
also delisted as a hazardous substanoe under CERCLA?
Yes. It should be noted, however, that sane CERCLA hazardous substances
are listed under more than one statutory source. It is only when these
hazardous substanoes are delisted under all statutory sources cited under
section 101(14) of the Act that they are also delisted as hazardous
sub6tanoes under CZT-dA.
Source: Rick Horner (382-2668)

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V. ANALYSES OF QUESTIONS
The Hotline responded to 3,534 questions and requests far doaments in September. Of the
questions asked, the percentage of callers was:
Generators	25.5%	 State Agencies 7.8%	
Transporters 3.0%	 Consultants	29.6%
TSDF's	10.9%	 Press	 1.4%
EPA HP's	2.3%	Trade Associations 1.5%
H>A Regions 5.8%	Citizens	 5.1%
Federal Agencies 3.3%	 Others	3.8%
Mere calls were received fran Region 3 than frcm any other Region. Breakdown by Region:
1 6.5%	 3 24.2%	 5 17.2%	7 4.4%	9 8.3%
4 * 1.1.U'
Canada <1%
k
o€neral Information
E
299
O 0«*" 0 VT iv
TSDF
A-Scope/Acolicabilitv
85
Notification (3010)
56
B-General Facility Standards
26
Definitions (260.10)
68
C-Preparedness Prevention
19
Petitions/Delistina (260.22)
52
D-Continaencv Plans
2?
Definitions (261.2 & 3)
71


Exclusions (261.4)
59
F-Groundwater Monitcrina
59
Small Quantity Generator (261.5)
Recycle/Reclaim (261.6)
97
83
G-Claeure/Post-Cloeure
H-Financial Requirements
78
46
Container Residues (261.7)
55
I-Containers
54
Waste ID (261 C&D)
340
J-Tanks
59
262 Generator
Manifest Info
151
K-Surface Impoundments
L-Waste Piles
60
17
Pre-transport
29
M-Land Treatment
13
Accumulation
n
N-iandfills
50
Recordkeeping & Reporting
39
O-Incineratcrs
34
International Shipments
13
P-Therml Treatment
18
263 Transporter
45
Q-Chemical, Physical, Biological Treat.
6
270 B - Permit Application
113
R-Underground Injection
4
D - Chanaes to Permits
17
X-Miscellaneous Facility
0
F - Special Permits
11
Y-Experimental
0
G - Interim Status
68
266/267
0
271 State Proarans
116

125
124 Decision Makinq
IS
CERQA General
r ^Mlitv/Enf oroement
54
Hazardous Substanoes/tO
Hazardous Site/NPL/104
87
¦J50
far/Referrals
256
NCP
22
Knent Requests
222
TaxesARS
4

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VI. PUBLICATIONS
RCRA
1. "A Risk Assessment of Waste Oii &urnir»g in Boilers and Space Heaters,"
PB 85-103-034, is available tram NILS far $20.50.
2. "Proposed Sanpling and Analytical Methodologies for Addition to Test
Methods for Evaluating Solid Waste," PB 85-103-026, is available
fran NTIS for $41.50.
CERQA
1. "Hazardous Waste Sites: Description of Sites on Update #1 to National
Priorities List," September 1984, HW 8.3, is available frcra EPA's
Hazardous Sites Control Division. The Hotline will accept requests for
this publication.
VII. FEDERAL REGISTER NOTICES
September 10, 1984 49FR 35608
September 13, 1984 49FR 35966
September 18, 1984 49FR 36560
September 21, 1984 49FR 37066
September 21, 1984 49FR 37070
Septanber 24, 1984 49FR 37432
Tentative approval to grant Texas final
authorization under RCRA.
Tentative approval to grant Virginia final
authorization under RCRA.
Coke oven emissions aire added to the list
-.r	its under section
112 of the Clean Air Act.
Pinal exclusions granted in response to
delisting petitions for the solid wastes
generated at three facilities from the
lists of hazardous wastes contained in
40CFR 261.31. These facilities are Union
Carbide Corp. (Taft, LA), Kay-Fries, Inc.
(Stoney Point, NY), and the Metropolitan
Sewer District of Greater Cincinnati
(Cincinnati, OH).
Final Rule which added 128 sites to the
National Priorities List under CERCLA.
Tentative approval to grant Oklahoma final
authorization under RCRA.
September 28, 1984 49g£ 38302
Tentative approval to grant North Carolina
final authorization.

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ADDRESSEES
John Skinner, WH-562
Mike Cook, HH-562
Eileen Claussen, WH-562
Robert Knox, WH-562
Carl Reeverts, WH-562
Cera Beebe, WH-562A
Jack McGraw, WH-562A
John Lehman, WH-565
Fred Lindsey, WH-565
Bruce Weddle, WH-563
Clan 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 Thcrpson, WH-563
Mike Shannon, WH-563
Susan Mann, WH-563
Gecrge Garland, WH-562
William Hedeman, WH-548
Elaine Stanley, WH-548
3ar^~. M.akris, W?- - i8 A
Rooert Landers, WH-54BA
Jin Jcwett, WH-548B
Henry Van Cleave, DOD/DLA
Russ Wyer, VH-548E
Bill Hanson, VH-548E
Mary Ann Proehlich, WH-548D
Carol Lawson, A-107
Marc Jones, PH-220
John Palmisano, PM-223
Sam Napolitano, PM-220
Gene Luoero, W-527
Prank 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/Resouroe
Sue Moreland (ASTSWMO)
Diane McCreary, Region III Library
Joyce Baker, Region III Library
Lisa Friednan, LE-132S
Steve Dorrler, EPA - Edison, NJ
John Gilbert, EPA - Cincinnati, OH
Thad Juszczak, WH-562A
Jack Stanton, WH-548B
John Riley, WH-548B
Ma' Fiei'.ci'Lv , Wh-:-4'"
JatK Kccyoamjian, WH-o48B
Rick Horner, WH-548B
John Bosky, EPA - Kansas City, KS
Hazardous Waste Division Directors, Regions I-X
Hazardous Waste Management Brand) Chiefs, Regions I-X

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