,\ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON. D C. 20460 O MEMORANDUM MB 2 BBS DF-lCr OP SO'.'O WASTS a ND € \l: "GENC * rt € 36 SUEJECT: RCRVSuperfund Hotline Status Report - June 1985 FROM: Carolyn Barley, Project Officer v / / ., y -^Xct Office of Solid Waste (382-2217) ^ ^ Barbara Hostage, Project Officer ^ Office of Emergency and Remedial JJp^ponse (382—2 TO: See addressees I. ACTIVITIES A. The Hotline responded to 7,237 questions and requests for documents in June. B. Charlotte Mooney and Jim Ginley were hired as Information Specialist trainees. Ms. Mooney has a BS in Geology from the University of Pennsylvania. Mr. Ginley has a BS in Biology from Kenyon College and a MEM (Environmental Management) frcm Duke University. C. On June 20th Matt Straus worked with Hotline staff to address complex Solid Waste questions. II. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES A. RCRA Corrective Action 1. A treatment facility is applying for a Resource Conservation and Recovery Act (RCRA) §3005 operating permit. This facility currently manages scrap metal destined for reclamation. On January 4, 1985, (50 ER 614), the Agency declared that scrap metal, when recycled, is a Subtitle C waste. Concurrently, the Agency announced that it would not regulate scrap metal destined for recycling at this time. Because this facility is seeking a §3005 operating permit, the facility must address releases of hazardous waste or constituents frcm any solid waste management unit pursuant to §3004(u) (corrective action). Must this facility address the unregulated scrap metal management area con- cerning releases? Even though scrap metal destined for recycling is not regulated, it is considered a solid waste. Thus, a release of a hazardous waste or constituent at the scrap metal management area (solid waste management unit) must be addressed pursuant to §3004(u) of RCRA. Source: Dave Fagan (202) 382-4497 ------- - 2 - Solvent Mixture 2. The April 30, 1985, Federal Register (50 FT* 18378) contained a proposal to list solvent mixtures in 40 CFR §261.31 "containing, in total, ten percent or more by volume of one or more of the following solvents..." Does the 10% criterion apply to the solvent mixture before it is used and becomes a waste or as it exits in the, waste stream? For example, a wastewater stream contains 5% solvents and 95% water. Would one consider whether the solvent fraction used in the process contains at least 10% of one or more of the listed solvents; or would one consider the percentage of solvent in the waste water stream? Cne would apply this solvent mixture ""rule to the mixture as it is used (prior to becoming a waste). One would determine whether the original solvent mixture (before use) contained more than 10% of the listed solvents. If so, the waste stream is covered, regardless of the percentage of solvent in the-waste stream. Source: Jaqueline Sales (202) 382-4807 Partial Closure 3. The owner/operator (o/o) of a permitted facility plans to remove a tank from service. His permit does not address removal of the tank. Must the permit be modified to reflect this tank removal? Removing the tank would constitute partial closure of the facility. The closure plan should address this situation according to §264.112(a)(1). Since the permit does not cover partial closure, the o/o must amend his plan. Section 264.112(b) requires the o/o to amend his plan whenever changes in operating plans (e.g., tank removal) affect the closure plan. lb amend the closure plan to address partial closure, the o/o must comply with the standards for major modifications for permits under §270.41. The o/o should amend his plan to address all antici- pated partial closures so that he need only modify his permit once. Source: Susan Hughes (202) 382-4790 Snail Quantity Generators 4. International Fabricare is a trade association that represents dry cleaning and laundry establishments. This industry will be affected by the new Snail Quantity Generator (SQG) program pursuant to the Hazardous and Solid Waste Amendments (HSWA) of 1984 (P.L. 98-616). Starting August 5, 1985, SQGs generating between 100 kg. and 1000 kg. per month must accompany hazardous waste shipments with a Uniform Hazardous Waste Manifest. One of the items on the manifest that must be completed is item 12, "Containers." "Containers" specifies the number and type of containers. On desig- nating the container type, the SQG completing the manifest must select one of 12 types. Dry cleaners sometimes package and ship hazardous wastes in plastic bottles, similar to Clorox bottles. How should item 12 be completed? Once a hazardous waste is packaged per DOT/EPA regulations, the container must be categorized according to item 12 on the manifest. A plastic bottle would be categorized as "DF.n "DF" means fiberboard or plastic drums, barrels, or kegs. In obtaining and completing the manifest, the SQG should first contact the State regulatory agency responsible for hazardous waste management as provided in 40 CFR 262.21. The State agency will provide information regarding where to obtain the manifest and how to complete the portions required by the State, if any. ------- - 3 - More inportantly the SQG must package and label the hazardous was,te according to DOT regulations specified in 49 CFR Parts 172, 173, 178, and 179. All RCRA hazar- dous wastes which are subject to 40 CFR Part 262 manifest vrequirements are also - hazardous materials subject to DOT shipping requirements (40 CFR §263.10). In complying with DOT requirements, technical assistance is available fran DOT by calling the Office of Hazardous Materials Regulations, Materials Transportation Bureau at (202) 426-2075. Source: Curt (Xrercast (202) 382-4761 Carolyn Barley (202) 382-2217 Corrective Action S. Section 3004(u) of HSWA authorizes corrective action for continuing releases at solid waste management units. This provison is applicable to all permits issued after November 8, 1984. In order to implement 3004(u), permit writers need infopnation on solid waste management units and associated releases. Since guidance for this provision has not been completed, what is the Agency's policy regarding collection of continuing release data under 3004(u)? Headquarters recommended to the Regions in RCRA Reauthorization Statutory Inter- pretation (RSI) #3 dated Februrary 5, 1985, that several actions can be taken to implement this new corrective action requirement prior to issuance of guidance packages. Headquarters recommends that a notice be sent to each facility whose Part B has been requested and for which a final determination was not made prior to November 8, 1984. This notice should provide a general explanation of the new corrective action provision, and the fact that additional information must be sub- mitted to satisfy the new requirements. Such information includes physical and operating characteristics of the units, and descriptions of any releases fran such units. Source: Virginia Steiner (202) 475-9321 Dave Fagan (202) 382-4497 i. CERCLA Reportable Quantity An interim status surface impoundment receives listed hazardous waste. The reportable quantity (PQ) for this particular waste is one pound. Since a call is necessary to the National Response Center for any release of a reportable quantity into the environment, must the owner/operator of the surface impoundment call the National Response Center each time one pound of this hazardous waste is placed in his surface impoundment? CERCLA 103(a) exempts federally permitted releases from reporting requirements. A federally permitted release, defined in CERCLA section 101(10)(E), includes releases in compliance with a legally enforceable final permit issued pursuant to RCRA §3005 (a) through (d) when such permit specifically identifies the hazardous substances and makes such substances subject to a standard of practice, control procedure, or bioassay limitation or condition, or other control on the hazardous substances in such releases. In addition, the April 4, 1985, Federal Register (50 re 13456), carments further on the intention of this exclusion to include interim status facilities. Specifically, it states that EPA believes that the disposal of hazardous substances at a disposal facility in accordance with EPA regulations is not subject to CERCLA notification provisions. Source: Jack Koqyoanjian (202) 382-4130 ------- - 4 - The Hotline responded to 7,237 questions and requests for documents in June. Of the ANALYSES OF QUESTIONS questions asked, the percentage of callers was: Local Agencies 1.2% More calls were received by Region 3 than frcm any other Region. Breakdown 'by Region: 1 6.5% 3 23.3% 5 17.8% 7 4.3% 9 8.5% 2 12.4% 4 11.2% 6 8.0% 8 4.5% 10 2.9% Canada <1% England <1% RCRA TSDF General Information 222 A-Scope/Applicability_ 121 Jotification (3010) 88 B-General Facility Standards 40 )efinitions (260.10) 101 C-Preparedness Prevention 14 'etitions/Delisting (260.22) 88 D-Contingency Plans . 27 )efinitions (261.2 & 3) 147 E-Manifest/Recordkeeping/Reportinq 24 ixclusions (261.4) 127 F-Groundwater Monitoring 88 Small Quantity Generator (261.5) 244 G-Closure/Post-Closure 85 Recycle/Reclaim (261.6) 242 H-Financial Requirements 38 Container Residues (261.7) 50 I-Containers 76 teste ID (261 C&D) 456 J-Tanks 100 262 Generator K-Surface Impoundments 81 Manifest Info_ 101 L-Waste Piles 15 Pre—transport 43 M-Land Treatment 12 Ac emulation 94 N-Landf ills 83 Recordkeeping & Reporting 41 O-Incinerators 33 International Shipments 10 P-Thermal Treatment 9 263 Transporter 59 Q-Chemical, Physical, Biological Treat. 19 270 B - Permit Application 90 R-Underground Injection 11 D - Changes to Permits 29 X-Miscellaneous Facility 3 F - Special Permits 7 Y-Experimental 7 G - Interim Status 100 266/267 106 271 State Programs 103 L24 Decision Making 8 CERCLA General/Overview 122 RCRA Amendments " -1821 Hazardous Substances/RQ 150 ; NCP 62 1. i ab i 1 i tv/Enf orcement 87 Taxes/I RS/PCLTF 10 Dther/Referrals 268 Removal 36 Document Requests 999 Reroedial/NPL 99 CERCLA Reauthorization 11 On-site policy 27 Off-site Policy 2£ ERRIS/Notif ication 14 Liability/Enforcement 65 ------- - 5 - IV. PUBLICATIONS RCRA "Alternate Concentration Limit Guidance Based on §264.94(b) criteria, Part I, Information Required in ACL Demonstrations, Draft," June, 1985. Copies are available frcm Vernon Meyers at (202) 382-4495 "Draft Minimum Technology Guidance on Double Liner Systems for Landfills and Surface Impoundments - Design, Construction, and Operation," May 24, 1985, EPA/530-SW-85-014. The Hotline will take requests. "Fate of Selected Trace Metals in the Petroleum Refining Industry," June 5, 1985. Copies are available from the RCRA Docket. Copying charges are $9.80. The Hotline will take requests. "Permit Applicants Guidance Manual for Exposure Information Requirements Under RCRA 3019, Final," July 3, 1985. Copies are available frcm the EPA Regional Offices. CERCLA "Draft Superfund Health Assessment Manual," May 22, 1985. Copies are available from the Superfund Docket. Copying charges are $37.50. The Hotline will take requests. ------- FEDERAL REGISTER NOTICES Open Ccrment Period: May 28, 1985: 50 FR 21772 (proposed LUST notification) May 31, 1985: 50 FR 23250 (proposed schedule for Land Disposal Restrictions) A proposed rule for notification of undergound storage tanks containing regulated substances as defined in RCRA Subtitle I §9002. Conments are due by July 15, 1985. A proposed schedule for evaluating the order in which to ban listed hazardous waste from land disposal. Garments are due by July 30, 1985. June Federal Register Notices: •June 3, 1985: 50 FR 23359 (0MB clearance for information collection requests from EPA) June 5, 1985: 50 FR 23721 (proposed delisting for wastes from EPA's Mobile Incinerator) June 10, 1985: 50 FR 24362 (proposal to streamline revisions to State hazardous waste programs) June 12, 1985: 50 FR 23658 (corrections to the proposed delisting of waste frcm EPA's Mobile Incinerator) June 26, 1985: 50 FR 26389 (Notice of availability of API report on burning hazardous waste fuel) June 26, 1985: 50 FR 26444 (proposed permitting standards for underground tanks) June 27, 1985: 50 FR 26562 (Notice of withdrawl of approval of RCRA Interim Authorization for Iowa) A notice of OMB clearance for various EPA information collection requests. A proposed delisting for wastes generated fran EPA's Mobile Incinerator System located in McDowell, Missouri. Comments are due by July 5, 1985. A proposed rule to streamline and improve the revision process of State hazardous waste programs and increase public participation. Comments are due by July 10, 1985. A correction to the proposal on June 5, to delist wastes generated at EPA's Mobile Incinerator. 1985, A notice of availability of API's report on petroleum refining wastes burned as fuels. This report is entitled "Fate of Selected Trace metals in the Petroleum Refining Industry." A proposed rule for permitting standards for tank systems storing or treating hazardous waste. Ccrments are due by August 26, 1985. Notice of reversion of the Interim Authorized State of Iowa back to EPA control. Reversion of the program is effective July 1, 1985. ------- - 7 Cora Beebe, VW-562A Frank Biros, WH-527 George Bonina, VH-563 Karen Brown, PM-220 John Bosky, EPA - Kansas City, KS Eileen Claussen, WH-562 Henry Van Cleave, DOD/DLA Pat Cohn, WH-527 Mike Cook, WH-562 Peter Cook, WH-527 Alan Corson, WH-565 Elizabeth Cotsworth, WH-563 Hans Crump, WH-548B Truett DeGeare, WH-563 Steve Dorrler, EPA - Edison, NJ Barbara Elkus, WH-527 Tim Fields, WH-548B Ellaine Fitzback, WH-527 Lisa Friedman, LE-132S George Garland, WH-562 John Gilbert, EPA - Cincinnati, OH Iantha Gilmore, WH-562 Peter Guerrero, WH-563 Penny Hansen, WH-565 Bill Hanson, WH-548E Betti Harris, EPA-Region VII William Hedeman, WH-548 Lee Herwig, A-104 Rick Horner, WH-548B Hotline Staff Phil Jalbert, WH-548D Alvin K. Joe, Jr., Geo/Resource Jim Jowett, WH-548B Ihad Juszczak, WH-562A Robert Knox, WH-562 Jack Kooyoomjian, WH-548B Mike Kosakowski, WH-527 Jerry Kotas, WH-527 Walter Kovalick, WH548 Donald Kraft, WH-548D Tapio Kuusinen, PM-223 Robert Landers, EMSL/LV Carol Lawson, A-107 John Lehman, VH-565 Steve Levy, WH-563 Fred Lindsey, WH-565 Gene Lucero, WH-527 James Makris, WH-548A Susan Mann, WH-563 Jack McGraw, WH-562A Tbny Montrone, WH-527 Sue More land (ASTSVWO) Sam Napolitano, PM-220 Dean Nelson, A-104 Jim O'Leary, WH-562 Christina Parker, WH-562 Karen Reed, PM-273 John Riley, WH-548B Clem Rastatter, WH-563 Dale Ruhter, WH-565 William Sanjour, WH-563 Pam Sbar, LE-134S Mike Shaanon, WH-563 Ken Shuster, WH-565 John Skinner, WH-562 Elaine Stanley, WH-548 Jack Stanton, WH-527 Bruce Weddle, WH-563 Steve Wilhelm, Region VII Russ Wyer, WH-548E Hazardous Waste Division Directors, Regions I-X Hazardous Waste Management Branch Chiefs, Regions I-X Regional Counsel, Regions I-X Regional Libraries, Regions I-X ------- |