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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?

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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?

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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

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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?

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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.

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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%


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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




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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.

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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.

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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

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