w * prO^4-0 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON. D.C. 20460 DEC 2 0 1984 OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE MEMORANDUM SUBJECT: RCRA/Superfund Hotline Monthly Status Report — November 1984 FROM: Carolyn Barley, Project Officer (382-5235) Office of Solid Waste y Barbara Hostage, Project Officer \^>(x/J;QaA> rffadfhyi—' Office of Bnergency and Remedial Response (382-2186) TO: Addressees I. ACTIVITIES A. The Hotline responded to 3,727 questions and requests for documents in November. B. The 1984 Hazardous and Solid Waste Amendments were signed by President Reagan on November 8. C. Margaret Kneller, Ingrid Rosencrantz, and Travis Wagner joined the Hotline as Information Specialist trainees on November 27. II. SPECIAL SECTION: RCRA REAUTHORIZATION On November 8, 1984, President Reagan signed into law the "Hazardous and Solid Waste Amendments of 1984." These amendments to the Resource Conservation and Recovery Act (RCRA) include many provisions that significantly affect the RCRA program. EPA intends to promulgate an interim final rule in January to amend the existing RCRA regulations to reflect the provisions of the amendments which have immediate or short-term effects on the regulated community. III. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES A. RCRA 1. Hie management of wastes contaminated with dioxins has been of signi- ficant concern to EPA. The "Vertac Rule" addresses the management of one of the most toxic isomers of dioxin, 2,3,7,8-tetrachlorodibenzo-p- dioxin (TCDD). What is the Vertac Rule? ------- -2- The Vertac Rule was promulgated under 40 CFR Part 775 of the Toxic Substances Control Act (TSCA). This rule, in part, requires persons who manage wastes containing any detectable concentrations of 2,3,7,8-TCDD to notify EPA 60 days prior to disposal. Waste containing 2,3,7,8-TCDD is defined to include any waste material resulting frcm the manufacturing or processing of 2,4,5- -trichlorophenol (TCP) or its waste derivatives. Also, the waste definition includes wastes resulting frcm manufacturing operations using machinery that was previously used for the manufacturing or processing of 2,4,5-TCP. Upon receipt of this notification, EPA recarmends waste disposal sites and tech- niques. Source: Matt Straus (202) 475-8551 Research: Tom Gainer 2. Seme of the States that have received authorization from EPA to manage their cwn RCRA programs regulate a larger universe of wastes than does EPA. Where on the Uniform Hazardous Waste Manifest (UHW4) does a generator record a waste regulated only by the State? The UHWM was designed to allcw the listing of both federally-regulated wastes and wastes regulated solely by a State. The Department of Transportation's (DOT) Hazardous Materials Regulations (49 CFR 172.201 (a)(1)) require gen- erators to distinguish between federally-regulated materials (or waste) and State-regulated wastes. The DOT regulations also specify several options for distinguishing a federally regulated material (or waste). One option allowed by DOT is the addition of a Hazardous Materials Column to the UHWM which the generator would check or mark for those line entries which are regulated by federal law as hazardous wastes or hazardous materials. The use of the UHVM for State requirements is discussed in greater detail in the preamble to the Uniform Hazardous Waste Manifest rule published in the March 20, 1984 Federal Register (49 FT* 10492-10496). Source: Carolyn Barley (202) 382-5235 Research: Hilary Sottmer 3. An owner/operator is not sure whether or how a recirculating tank that feeds caustic to an incinerator scrubber is regulated. The purpose of the caustic is to neutralize the acids formed by the incineration process. Initially, the tank holds caustic product (not waste) that is circulated through the scrubber and back to the tank. The tank is enptied 1-7 days later, depending on the pH of the mixture and its ability to neutralize scrubber acids. The mixture in the tank after circulation may not always exhibit the corrosive Subpart C characteristic (D002). The permit for the incinerator cannot address standards for the tank as an ancillary piece of equipment because the incinerator burns characteristic waste only. Incinerators that burn only corrosive (D002) or ignitable (D001) characteristic waste or both are excluded fran all operating standards except closure and waste analysis per §264.340(b). Would the tank be viewed as a product or process unit excluded by §261.4(c) even though the liquid waste frcm the scrubber is returned to the tank? ------- -3- Since the waste in the tank is not generated in the tank (e.g., sludge devel- oping in a product tank), 261.4(c) does not apply. The tank could qualify for the special standards in §262.34, hwever, since it is drained before 90 days. Source: Dave Fagan (202) 382-4497 Research: Denise Wright 4. The RCRA regulations define an "aquifer" as a "...formation capable of yielding a significant amount of groundwater to wells or springs"(§260.10). For the purposes of the RCRA program, has "significant amount" or "significant yield" been defined? Significant yield has not been assigned a discrete number because significance can vary frcm location to location. Significant yield is dependent, in part, on geologic and hydrologic conditions. Far instance, one location may have abundant surface and groundwater resources with uppermost geologic strata yielding only very small amounts. Another location may have similar upper strata but without such rich resources. Decisions on the "significance" of the yield frcm these similar strata Trust be made in light of such regional considerations. Because of this variability, the Agency has not established a minimum significant yield figure. Some EPA Regions have found that 20 gallons per day (gpd) to be appropriate. Other Regions have used local definitions or ranges (e.g., 5-50 gpd). A discussion of significant yield is in the July 26, 1982, Federal Register (47 FT* 32289). Source: Bumell Vincent (202) 382-4658 George Dixon (202) 382-4494 Research: Gordon Davidson 5. Facilities which are permitted to treat, store, or dispose of hazardous waste in surface impoundments, waste piles, land treatment units, or landfills must comply with the 264 Subpart F Ground-Water Protection regulations. Permits fear such facilities include concentration limits for hazardous constituents in groundwater that must not be exceeded. Regional Administrators have the option of establishing permit concentration limits of hazardous constituents that do not exceed background levels of each hazardous constituent in the groundwater or establishing alternate concentration limits (ACLs) that are also not to be exceeded. Is there any written guidance for permit applicants on ACLs? Currently, there is no available written guidance on ACLs other than the regu- lations in 5264.94(b) and the accompanying preamble in the July 26, 1982, Federal Register (47 FR 32298). Section 264.94(b)(1) and (2) lists 19 factors that a Regional Administrator trust consider when determining whether to establish ACLs. A guidance manual for ACL applicants is in draft form. It is expected that a final draft will be made available to the public in February 1985. Source: Burnell Vincent (202) 382-4658 Research: Bill Rusin ------- -4- 6. The Agency requires owners or operators of hazardous waste treatment, storage, or disposal facilities to have liability coverage for accidental occurrences arising from the operation of their facilities. These requirements are specified in 40 CFR §264.147 and §265.147 for permitted and interim status facilities, respectively. The required coverage for sudden accidental occurrences is at least $1 million per occurrence with an annual aggregate of at least $2 million, exclusive of legal defense costs. The required coverage for nonsudden accidental occurrences applies to facilities with surface impoundments, landfills, or land treatment units. These facilities must also have sudden accidental insurance coverage. Nonsudden coverage is at least $3 million per occurrence with an annual aggregate of at least $6 million, exclusive of legal defense costs. Must an owner or operator of several facilities have liability coverage in the amounts just stated for each facility? No; one policy will cover all facilities. Liability insurance is required on a per firm basis rather than a per facility basis. The requirement for the use of an annual aggregate liability coverage encompasses the risk of multiple occurrences among facilities belonging to the same cwner or operator. For example, an owner of six container storage facilities would only need sudden accidental occurrence coverage of $1 million per occurrence with an annual aggregate of $2 million. This issue is addressed in the April 16, 1982 Federal Register (47 FT* 16546). Source: Carole Ansheles (202) 382-4761 Research: Hilary Scnmer B. CERCLA 1. At many Superfund sites much of the waste generated fran the cleanups is trans- ported to an off-site disposal facility. If the State has the lead for a Super- fund action and wishes to utilize a non-RCRA interim storage facility, is the State able to use the non-RCRA facility? or, must it use a RCRA facility for the Superfund generated waste? The State trust identify and use a RCRA facility for the Superfund waste. Under section 104(c)(3) of CERCLA, a State participating in a remedial action must assure the availability of a facility that ccmplies with Subtitle C of RCRA for all off-site treatment, storage or disposal. Section 300.65(b)(6) of the National Contingency Plan (NCP) extends this requirement to removal actions, as well. Source: Bruce Clemens (202) 382-2201 Research: Gordon Davidson 2. Subpart C of CERCLA established the Post-Closure Tax and Trust Fund. Subchapter C of Subtitle C imposes a $2.13 tax per dry weight ton of hazardous waste received at a RCRA interim status or permitted facility. This tax goes into the Post- Closure Liability Trust Fund which is available only for purposes described in 107(k) and lll(j) of CERCLA. Does the Agency have guidance defining "dry weight" for the Post-Closure Tax? ------- -5- The Agency does not have any specific guidance other than what is found in the legislative history of CERCLA. The legislative history states only that dry weight is the "weight of waste without water." The Internal Revenue Service (IRS) has responsibility for the Post-Closure Tax. For further information contact Ma Russo, Legislation and Regulation Division, IRS (202) 566-4336. Source: Richard Allan (202) 382-4780 Research: Bill Rusin 3. The May 25, 1983, Federal Register (48 re 23552) contains a list of Superfund hazardous substances and their statutory and proposed reportable quantities (RQ) (Table 302.4, p. 23571). RQs are listed for hazardous substances and for unlisted, characteristic RCRA hazardous wastes. A facility had a release of an ignitable waste ink consisting of a mixture of toluene and pigments. This waste ink is not a RCRA listed waste. The mixture exhibits the RCRA characteristic of ignita- bility (D001). Is this release considered a release of toluene with an RQ of 1000 lbs.,1 or a release of RCRA hazardous waste for the characteristic of ignitability with an RQ of 1 lb.? The waste ink could have either reportable quantity. If a complete chemical analysis is performed so that the concentration of each chemical compound comprising the waste ink is kncwn, then the reportable quantities for each hazardous substance in the waste can be determined. The FQ of each hazardous substance which is a constituent of the mixture may apply in determining whether a notification to the National Response Center is required. For example, if the waste mixture is 90% toluene, 5% trichloroethylene (RQ = lOOOlbs.) 2, and 5% non-hazardous pigments, then an RQ for the waste mixture would be reached when 1000 lbs. of either toluene or trichloroethylene had been released. In this case, because of the relative concentrations, the toluene RQ would be reached first when 1111 lbs. of mixture had been spilled, i.e., 90% of 1111 lbs. is 1000 lbs. This RQ mixture rule is discussed in 48 FR 23555. However, if a ccmplete chemical breakdown cannot be ascertained, an RQ of 1 lb.3 would apply because the waste ink is a RCRA ignitable hazardous waste. Souroe: Rick Horner (202) 382-2668 Research: Bill Rusin 1 Both the statutory and the proposed RQs for toluene are 1000 lbs. It should be noted, however, that until such time as the proposed RQs are promulgated in a final rule, the statutory RQs apply. 2 The statutory RQ for trichloroethylene (TCE) is 1000 lbs. Because the Agency is currently assessing TCE for carcinogenicity and chronic toxicity, no RQ was proposed in the May 25, 1983 FR notice. The TCE RQ will be proposed in a separate rulemaking. 3 The statutory RQ for all non-Clean Water Act Section 311 hazardous substances is one pound. The Clean Water Act have RQs ranging from one-pound to 5000 lbs. ------- -6- IV. ANALYSES OF QUESTIONS The Hotline responded to 3,727 questions and requests for documents in November, questions asked, the percentage of callers was: Of the Generators 22 % Transporters 3 % TSDF's 11 % State Agencies 9 % Consultants 30 % Press 1 % EPA H3ts[__ EPA Regions_ 3 % 7 % Federal Agencies 4 % Trade Associations 1 % Citizens Others 6 % 3 % More calls were received fran Region 3 than fran any other Region. Breakdown by Region: 1 8% 3 23% 5 18% 73% 9 10% 2 12 % 4 10 % 6 8% 84% 10 3% Canada 1% - RCRA General Information 275 TSDF A-Scope/Applicabi1ity 83 Notification (3010) 44 B-General Facility Standards 20 Definitions (260.10) 52 C-Preparedness/Prevention 10 Petitions/Delistinq (260.22) 71 D-Contingency Plans 15 Definitions (261.2 & 3) 79 E-Man ifest/Recordkeepinq/Reportinq 11 Exclusions (261.4) 56 F-Grcundwater Monitorinq 53 Small Quantity Generator (261.5) 96 G-Closure/Post-Closure 38 Recycle/Reclaim (261.6) 102 H-Financial Requirements 31 Container Residues (261.7) 27 I-Containers 38 Waste ID (261 C&D) 450 J-Tanks 47 262 Generator Manifest Info 78 K-Surface Impoundments L-Waste Piles 31 15 Pre-transport 25 M-Land Treatment 9 Accumulation 56 N-Landfills 41 Recordkeepinq & Reportinq 24 O-Incinerators 31 International Shipments 4 P-Thermal Treatment 8 263 Transporter 42 Q-Chemical, Physical, Biological Treat. 4 270 B - Permit Application 70 R-Underqround Injection 3 D - Chanqes to Permits 31 X-Miscellaneous Facility 0 F - Special Permits 6 Y-Experimental 0 G - Interim Status 45 266/267 0 271 state Proarams 90 124 Decision Makina 9 CERCLA General 102 Liability/Enforcement 35 Hazardous Substances/FQ Hazardous Site/NPL/104 74 177 Other/Referrals 406 NCP 39 Document Reauests 54 Taxes/I RS 15 RCRA Reauthorization 643 ------- -7- PUBLI CATIONS RCRA 1. "Waste Analysis Plan: A Guidance Manual," October 1984 is available frcm the Government Printing Office (GPO) far $5.50. The order number is 055-00- 00244-4. CERCLA 1. "Remedial Action Costing Procedures Manual," March 9, 1984, is available from Bruce Clemens in OERR (202) 382-2201. 2. "Review of In-Place Treatment Techniques for Contaminated Surface Soils," Vol. 1, Technical Evaluation, is available fran ORD in Cincinnati (202) 684-7562. The order number is EPA 540/2-84-003a. FEDERAL REGISTER NOTICES FOR NOVEMBER 1984 November 2, 1984 49 FR 44111 EPA tentatively intends to grant final authorization to Tennessee for the RCRA program. November 6, 1984 49 44312 EPA tentatively intends to grant final authorization to Nebraska for the RCRA program. November 7, 1984 49 FR 44506 EPA tentatively intends to grant final authorization to Louisiana for the RCRA program. November 8, 1984 49 FR 44718 EPA proposed to list two wastes generated during the production of ethylene dibrcmide (EDB) via branination of ethene. These wastes are wastewater and spent absorbent solids frcm the production and subsequent purification of EDB. Public cements will be accepted until December 24, 1984. November 13, 1984 49 FT* 44978 Final rule expanding the household waste exclusion to include wastes frcm bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas. Denial of a rulemaking petition by the Anerican Retail Federation to exempt from RCRA regulation wastes fran "consumer household products" which have left manufacturer control. November 14, 1984 49 re 44997 Procedural rule change of Administrative Authority . transferring authority for disposal of TCDD- contaminated waste frcm the Assistant Administrator for Pesticides and Toxic Substances to the Assistant Administrator for Solid Waste and Emergency Response. ------- -8- November 16, 1984 49 FT* 45452 November 21, 1984 49 FR 44978 November 21, 1984 49 FR 45874 November 26, 1984 49 FR 46443 November 28, 1984 49 FR 46742 EPA tentatively intends to grant final authorization to Florida for the RCRA program. Technical amendment of 264.1 clarifying EPA's authorization to enforce Part 265 standards at facilities which no longer have interim status. Effective date is December 5, 1984. EPA tentatively intends to grant final authorization of Suspect Developmental Toxicants. These Guidelines are for EPA policy on analysis of developmental toxicity data. Caiments nust be postmarked by January 22, 1985. EPA tentatively intends to grant final authorization to the District of Columbia for the RCRA program. EPA tentatively intends to grant final authorization to New Jersey for the RCRA program. ------- -9- ADDRESSEES John Skinner, WH-562 Mike Code, WH-562 Eileen Claussen, WH-562 Robert Knox, WH-562 Iantha Gilnore, WH-562 Christina Parker, WH-562 Cora Beebe, WH-562A Jack McGraw, WH-562A John Lehman, WH-565 Fred Lindsey, WH-565 Bruce Weddle, WH-563 Clem Rastatter, WH-563 Elizabeth Cotsworth, WH-563 Penny Hansen, Vfli-565 Alan Corson, WH-565 Ken Shuster, WH-565 Dale Ruhter, WH-565 William Sanjour, WH-563 Walter Kovalick, WH-548 Truett DeGeare, WH-563 Steve Levy, WH-563 Peter Guerrero, WH-563 John Thcrpson, WH-563 Mike Shannon, WH-563 Susan Mann, WH-563 Geccge Garland, WH-562 William Hedeman, WH-548 Elaine Stanley, WH-548 James Makris, WH-548A Robert Landers, WH-548A Jim Jcwett, WH-548B Henry Van Cleave, DOD/DLA Russ Wyer, WH-548E Bill Hanson, WH-548E Mary Ann Froehlich, WH-548D Carol Lawson Marc Jones, PM-220 John Palmisano, PM-223 Sam Napolitano, PM-220 Gene Lucero, WH-527 Frank Biros, WH-527 Lee Herwig, A-104 Tony Montrone, WH-527 Mike Kosakcwski, WH-527 Barbara Elkus, WH-527 Peter Cook, WH-527 Elaine Fitzback, WH-527 Jerry Kotas, WH-527 Hotline Staff Alvin K. Joe, Jr., Geo/Rescurce Sue Moreland (ASTSVMO) Diane McCreary, Region III Library Joyce Baker, Region III Library Lisa Friedman, LE-132S Steve Dorrler, EPA - Edison, NJ John Gilbert, EPA - Cincinnati, OH Thad Juszczak, WH-562A Jack Stanton, WH-548B John Riley, WH-548B Mike Flaherty, WH-548B Jack Kooyocmjian, 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 ------- |