UNIT*D STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON,>n.C. .20460
SEP I 3 1985
OFFICE OF
MEMDRANDUM solid waste and emergency response
SUBJECT: RCRA/Superfund Hotline Status Report - July 1985
FROM: Carolyn Barley, Project Officer ^ /)_
Office of Solid teste (382-2217) —
Barbara Hostage, Project Officer \^Qa^Q^icl)
Office of Bnergency and Remedial Response (382-2198)
TO: See addressees.
I. ACTIVITIES
A. The Hotline responded to 8,951 questions and requests for docunents in July.
B. Gordon Davidson, Denise Wright, and Bill Rusin attended the Permit writers
Wbrkshop on the RCRA Amendments held July 1 at Crystal City.
C. Margaret Kneller and Hillary Sarnner attended the public hearing held July 10
at the Department of Health and Human Services regarding the LUST notification
proposed rule.
D. Bill Kline briefed Hotline staff regarding the proposed rule on hazardous
waste tanks published in the June 26, 1985, Federal Register (50 FR 26444).
E. The "Codification Rule" was published in the July 15, 1985, Federal Register
(50 FR 28792).
II. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES
A. RCRA
K051 and HSV&
1. Section 3004(g)(2)(A). of the Hazardous and Solid Vteste Amendments of 1984
,(HSWA) states that the provisions regulating hazardous waste used as fuel
"shall not apply to petroleun wastes containing oil which are converted into
petroleun coke at the same facility at which such wastes were generated
...unless the coke product exhibits a characteristic of hazardous waste."
Does this mean that K051 ".(API Separator Sludge) could be reused on-site to
produce new petroleun coke?
Yes; petroleun coke .produced from the on-site reuse of K051 (or any other
listed petroleun refine^ waste) is exempt frcm the labeling provisions of
§3004(r) and any standards applicable to hazardous waste fuel,.'-jiinless the
coke product exhibits a characteristic of hazardous waste.
Source: Bob Holloway (202) 382-7936
A Ti
-------
- 2 -
Canpletinq The Manifest and SQGs
2. International Fabricare is a trade association that represents dry cleaning and
laundry establishments. This industry will be affected by the new ana11 Quantity
Generator (SQG) program pursuant to the Hazardous and Solid Vfeste ftnendments (HSWA)
of 1984 (P.L. 98-616) which require that shipments between 100 kg. and 1000 kg. per
month be accompanied by the Uniform Hazardous Vfeste tonifest starting August 5,
1985. One of the items on the manifest that must be completed is Item 12, nunber
and type of containers. On designating the container type, the SQG completing the
manifest must select one of 12 types. Dry cleaners sane times package and ship
hazardous wastes in plastic bottles, similar to Clorox bottles. How should Item 12
be completed?
Before completing the manifest, the SQG must package the hazardous waste
according to DOT regulations specified in 49 CFR §173.24. In addition, certain
hazardous wastes may be subject to additional packaging requirements contained
in the Hazardous Iteterials Table (49 CFR §§172.101 and 172.102). Wastes must
be characterized before determining DOT packaging requirements, "technical
assistance is available from DOT by calling the Office of Hazardous ffaterials
Regulations, Materials Transportation Bureau at (202) 426-2075.
Once a hazardous waste is packaged per DOT/EPA regulations, the container must
be categorized according to Item 12 of the manifest. If it were appropriate per
DOT regulations to package the hazardous waste in a plastic bottle, the plastic
bottle would be categorized as "DF" which means fiberboard or plastic drums,
barrels, or kegs.
Source: Curt Overcast (202) 382-4761
Carolyn Barley (202) 382-2217
Definition of Existing Portion
3. The definition of "existing portion" in Title 40 CFR §260.10 refers to the land
surface area of an existing waste management unit included in the original Part A
permit application on which wastes have been placed prior to the issuance of a
permit. If a landfill unit has waste placed over fifty percent of the surface area
of such unit, is the whole unit considered the "existing portion?"
The whole unit is not considered the "existing portion." Only the fifty percen
covered surface area would meet the definition of "existing portion." Hence, at
permit issuance, the non-covered fifty percent portion would have to have a
single liner as required by §264.301. If the uncovered area was also covered
with waste prior to permit issuance, the whole unit would then meet the
definition of "existing portion."
The Hazardous and Solid Vfaste Amendments (HSWA), in effect, limit the appli-
cability of the "existing portion" concept to those units that are "existing
units" under HSWA. This is because units that are not "existing units" under
HSWA must meet the minimun technological requirements of HSWA (i.e., landfills
and surface impoundments that are not existing units must have double liner
and leactete collection systems, and waste piles that are not existing units
must have single liner and leachate collection systems). See the guidance
entitled "Draft Guidance on Implementation of the Minimum Technological Require
ments of the Hazardous and Solid Waste Amenaments of 1984", dated toy 24, 1985
Source: Les Otte (202) 382-4654
-------
- 3 -
The Solvent Mixture Rule
EPA published a proposed rule on April 30, 1985, (50 FR 18378) which would regulate
certain spent solvent mixtures. The proposed rule amends §261.31 so that spent solvent
listings having EPA hazardous waste nunbers F001 through F005 would be combined under
the F001 listing. More importantly/ the proposed rule would regulate certain spent
solvent mixtures that are not currently regulated due to the "sole active ingredient"
interpretation. * The proposed hazardous waste description for F001 includes "spent
solvents and spent solvent mixtures/blends containing, in total, ten percent (or more)
by volume" of the listed spent solvents. How will EPA interpret "ten percent (or
more) by volume?" For example: (a) Does a solvent blend containing trichloroethylene
and methylene chloride (both listed spent solvents under FOOl), each present at five
percent by volume, meet the listing description? (b) Does one of the spent solvents
listed under FOOl have to be present at ten percent by volinte?
EPA interprets the phrase "ten percent (or more) by volume" to mean the total per-
centage by volune calculated by sunning the percentages of all FOOl listed spent
solvents included in a mixture/blend. "Ten percent (or more) by volume" does not
mean that a particular spent solvent under the FOOl listing must be present in the
mixture at ten percent by volume.
(a) A solvent mixture/blend containing two FOOl listed spent solvents at five per-
cent by volume each would be considered a FOOl listed hazardous waste.
(b) In order for a mixture to meet the spent solvent listing, a single solvent need
not be present at a concentration of ten percent. Rather, the ten percent threshold
refers to the total of all listed solvents in the mixture.
•Currently the P001-F005 listings only apply to the spent form of the listed solvents
where only one solvent (i.e., sole active ingredient) solvent was used in a process.
The F001-F005 listings do not apply to the spent form of solvent blends or mixtures
with more than one active ingredient (i.e., two or more solvents Listed in §261.31).
Source: Jacqueline Sales (202) 382-4807
EP Toxicity Characteristic Amendments
5. What is the status of the Tbxicity Characteristic Leaching Procedure (TCLP)?
The Agency plans to propose to amend the current EP Toxicity characteristic (40
CFR §261.24) by introducing a new leaching procedure to replace the current EP
procedure (Method 1310, SW-846) and expanding the characteristic to include addi-
tional toxicants. This new leaching procedure, the Tbxicity Characteristic Leaching
Procedure (TCLP), will also be proposed to be included in SW-846. The TCLP will
be suitable for determining the mobility of both organic and inorganic compounds
present in liquid, solid, and multiphase wastes. The draft TCLP test method was
made available in April 1985 for technical carroents. Copies are available by
contacting Agnes Ortiz (Roan S248) at (202) 475-8990. The Agency plans to propose
the amended toxicity characteristic in November 1985. Until the TCLP test method
is pranulgated as a final rule, the EP Toxicity test procedure should be used.
For technical catments/infonnation contact Tbdd Kimmell at 382-4795.
Source: Todd Kimmell (202) 382-4795
tejnes Ortiz (202) 475-8990
-------
- 4 -
SQGs, Reclanation, and the Manifest
6. A photography lab generates between 100 kg/month and 1000 kg/month of a spent material
which is EP toxic for silver. The lab does preliminary reclamation of the silver and
then sends the recyclable material off-site for further reclamation, a) since the
lab is generating between 100 kg/month and 1000 kg/month, must it keep the records
prescribed in §266.70(c) for persons who store recyclable precious metals? b) Must
the partially reclaimed precious metal be shipped with a manifest if the naterial is
sent off-site for final reclamation?
a) No; the lab is not currently subject to the recordkeeping requirements of
§266.70(c). A SQG ttet beneficially uses or re-uses, or legitimately recycles or
reclaims the waste is not subject to regulation according to §261.5(g)(3)(v)(A).
Therefore, the photography lab reclaiming silver from the spent material would
not have to keep the records required by §266.70(c) until the lab exceeds the
1000 kg SQG accumulation limit.
The proposed SQG regulation dated August 1, 1985, (50 FR 31278) was published
pursuant to §3001 of the Solid waste Disposal Act (SWDA) as amended by §221 of
P.L. 98-616. Section 3001(d) requires the EPA A3ministrator .to prcmulgate
standards by March 31, 1986, under Sections 3002, 3003, and 3004 of SWDA for .
hazardous waste generated betvreen 100 kg/month and 1000 kg/month.
This proposed rule would require generators between 100 kg/month and 1000 kg/month
to ccmply with the recordkeeping requirements of §266.70(c).
b) Yes; the partially reclaimed material which is sent off-site for final reclam-
ation is subject to the reduced manifest requirements per §3001 of SWEA, as amended
by §221 of P.L. 98-616, effective August 5, 1985. The requirements are less
stringent compared to the requirements applicable to generators of 1000
kg/month or more.
Generators between 100 kg/month and 1000 kg/month need only complete certain
portions of the Uniform Hazardous Vfeste Manifest (Manifest). Section 3001(d)(3)(A)
through (E) states that the Jtenifest shall contain the following information:
o the name and address of the generator of the waste;
o the United States Department of Transportation (DOT) description of the
waste, including the proper shipping name, hazard class, and identification
number (UN/NA), if applicable;
o the number and type of containers;
o the quantity of waste being transported; and
o the name and address of the facility designated to receive the waste.
These Manifest requirements will change effective March 31, 1986.
Section 3001(d)(8) of SWDA states ttot additional information will be required
unless the EPA Administrator promulgates standards by torch 31, 1986. Specifi-
cally, this "hairmer provision" will require generators between 100 kg/month and
1000 kg/month to:
-------
-5-
o include the name of the vaste transporters and the name and address of the
facility designated to receive the vaste;
o treat, store, or dispose of hazardous vaste at a facility with interim
status or a RCRA permit (except for on-site storage subject to reduced
requirements);
o file manifest exception reports; and
o retain copies of the manifest signed by the designated facility that has
received the vaste for three years.
The SQG proposed rule dated August 1* 1985, (50 FR 31278) specifies Manifest
requirements for generators between 100 kg/month and 1000 kg/month. These gene-
rators are subject to reduced requirements when reclaiming hazardous wastes in
compliance with §262.20(e).
Source: Matt Straus (202) 475-8551
Record of Decision
A remedial investigation and feasibility study has been canpleted for a site on the
NPL. a) If remedial action at the site is going to be fund-financed, is a Record of
Decision (ROD) issued? Vho prepares the ROD if the State is the lead Agency? b) Is a
BOD issued if the remedial action will be financed by the potentially responsible
parties (PRPs) as a result of enforcement actions against such parties? In this case,
if the State is the lead Agency, what authority does the U.S. EPA have?
a) RODS are required for all remedial actions that are fund-financed. If the
State is the lead Agency, it has the option to prepare a draft of the ROD. If
the State opts not to prepare the ROD, the USEPA Regional Office prepares it.
If the State opts to prepare the ROD, it is subject to CERCLA public partici-
pation provisions and approval by the U.S. EPA Regional office..
b) At sites where enforcement actions are being taken ("enforcement lead sites"),
flexibility is generally necessary to negotiate with PRPs. Negotiation Decision
Documents (NDDs) and Enforcement Decision Documents (EDDs) are prepared instead
of RODs. Although the State may be the lead Agency in these actions, EPA retains
ultimate approval authority to ensure that CERCLA requirements are met and to
ensure that when the site is being considered for deletion from the National
Priorities List, it is warranted.
Source: Bill Hanson (202) 382-2345
-------
- 6 -
III. ANALYSES OF QUESTIONS
The Hotline responded to 8,951 questions and requests for documents in July, of the
questions asked, the percentage of callers *as:
Generators 22.0% State Agencies_ 8.8%
Transporters 1.4% Consultants 32.6%
TSDF' s 12.8% Press 0.8%
EPA HQ's 2.5% ~ Tirade Associations 1.3%
EPA Regions 5.0% Citizens 3.1%
Federal Agencies 5.2% . Others 3.3%
Local Agencies 1.2%
More calls were received by Region 3 than frcni any other Region. Breakdown by Region:
1 6.3% 3 27.3% 5 17.2% 7 4.7% 9 6.3%
2 11.3% 4 11.5% 6 8.0% 8 4.5% 10 2.9%
Canada 2
Enqland 1
RCRA
TSDF
General In form t ion
432
A-Scope/Applicability
268
Notification (3010)
129
B-General Facility Standards
36
Definitions (260.10)
144
C-Preparedness Prevention
15
Petitions/Delistinq (260.22)
72
D-Continqency Plans
19
Definitions (261.2 & 3)
170
E-Mani fest/Recordkeeping/Reporting
36
Exclusions (261.4)
140
F-Groundvater Monitoring
75
Snail Quantity Generator (261.5)
289
G-Closure/Post-Closure
105
Recycle/Reclaim (261.6)
260
H-Financial Requirements
46
Container Residues (261.7)
57
I-Containers
129
Waste ID (261 C&D)
691
J-Tanks
176
262 Generator
Manifest Info
132
K-Surface Impoundments
L-Waste Piles
120
16
Pre-transport
14
M-Land Treatment
27
Accumulation
116
N-Landfills
112
Recordkeeping & Reporting
26
O-Incinerators
71
International Shipments
13
P-Thermal Treatment
9
263 Transporter
67
Q-Chemical, Physical, Biological Treat. _23
270 B - Permit Application
79
R-Underaround Iniection
12
D -Chanqes to Permits
17
X-Miscellaneous Facility
4
F - Special Permits
13
Y-Experimental
1
"G - Interim Status
121
266/267
229
271 State Programs
151
151
124 Decision Makinq
14
CERCLA General/Overview
RCRA Amendments 2
,338
Hazardous Substances/RQ
159
Liability/Enforcement
95
NCP
Taxe s/IRS/PCLTF
83
20
Other/Referrals
260
Removal
40
Document Requests
879
Remedial/NPL
117
On-site policy
Off-site Policy
16
22
CERCLIS/Notification 19,
Liab il i ty/Enforcemen t 54
CERCLA Reauthorization lj*
-------
-7-
PUBLICATIONS
RCRA
"Public Participation under RCRA." Draft copies are available from
Vanessa Musgrave at (202) 382-4751.
"RCRA Implementation Plan for Fiscal Year 1986," July 1, 1985. Ihe Hotline
will take requests.
CERCLA
"Post Closure Liability Trust Fund, Report to Congress," May 1985. Copies are
available frcm Mike Northridge at (202) 382-4761.
List of Potentially Responsible Rarties (PRPs) at CERCLA sites. Copying
charge is $75.00. Requests should be sent to Freed cm of Information, Office,
Attention: Jeralene Green (A-101), U.S. EPA, Washington, D.C., 20460.
"Guidance on Cleanup of Surface Impoundments, Tanks, and Enm Sites Under
CERCLA." The Hotline will take requests.
"Guidance Document on Remedial Investigations," toy, 1985. The Hotline
will take requests.
"Guidance Docunent on Feasibility Studies," toy, 1985. The Hotline will
take requests.
-------
-8-
FEDERAL REGISTER NOTICES
Former Federal Register Notices With Open Comment Periods:
June 26, 1985: 50 FR 26389
(availability of API report
on burning hazardous waste fuel)
June 26, 1985: 50 FR 26444
(proposed permitting standards
for underground tanks)
July Federal Register Notices:
July 15, 1985: 50 FR 28702
(codification of HSWA statutory
changes to RCRA)
July 23, 1985: 50 FR 29992
(typographical correction to
proposed hazardous waste tank
regulations)
July 25, 1985: 50 FR 30271
(final delisting of wastes frcm
EPA's Mobile Incineration System)
July 29, 1985: 50 FT* 30758
(transfer of confidential data
to an EPA contractor)
July 30, 1985: 50 FR 30908
(proposed solvent additions to
the hazardous vaste listings).
July 31, 1985: 50 FR 30967
(tentative determination on the
state of Kansas* application for
final authorization)
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 tefining Industry." Ccrments
are due by August 12, 1985.
A proposed rule for permitting standards for tank
systems storing or treating hazardous waste.
Cements are due by August 26, 1985.
Codification of HSWA statutory changes to RCRA
that have immediate or short term effects on the
regulated canmunity. Effective date: July 15,
1985.
Cement period for the proposed permitting stand-
ards for hazardous waste tanks which appeared on
June 26, 1985 (50 FR 26444) changed frcm
September 24, 1985 to August 26, 1985.
Final delisting of solid wastes generated by Epi,
Mobile Incineration System during a field demon-
stration at the Denney Farm site in McDowell,
Missouri. Effective date: July 25-, 1985.
A notice that EPA will transfer data that may have
a claim of confidentiality to a contractor con-
ducting economic analyses related to future RCRA
regulations. The transfer will occur no sooner
than August 5, 1985. Comments should be identi-
fied as "Transfer of Confidential Eata."
A proposed addition of one spent solvent to the
§261.31 F002 listing, three spent solvents to the
§261.31 F005 listing, one commercial chemical
solvent to the §261.33 (f) list, and two hazardous
constituents to the Part 261 Appendix VIII list.
The proposal is pursuant to §222 of HSWA.
Comments are due by September 13, 1985.
A notice of tentative determination on the
state of Kansas' application for final
authorization to administer the hazardous
wiste program in that state. EPA expects
to make a final decision on Kansas'
application by September 30,1985. A public
hearing will be held in Tbpeka, Kansas
on September 3, 1985. Comments are due by
September 30, 1985.
-------
-9-
Martha Anderson, DORM
Cora Beebe, WH-562A
Frank Biros, WH-527
George Bonina, WH-563
Karen Brown, PM-220
John Bosky, EPA - Kansas City, KS
Eileen Claussen, WH-562
Henry Van Cleave, DOD/DLA
Pat Oohn, WH-527
Mike Cook, WH-562
Peter Cook, WH-527
Alan Corson, WH-565
Elizabeth Cotsworth, WH-563
Hans Crimp, WH-548B
Truett DeGeare, WH-563
Steve Dorrler, EPA - Edison, MJ
Barbara Elkus, WH-527
Tim Fields, WH-548B
Elaine Fitzback, WH-527
Lisa Friednan, 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 Hedenan, WH-548
Lee Herwig, A-104
Rick Homer, WH-548B
Hotline Staff
Phil Jalbert, WH-548D
Alvin K. Joe, Jr., Geo/Resource
JimJowett, WH-548B
Thad 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
T&pio Kuusinen, PM-223
Robert Landers, EMSL/LV
Carol Lawson, A-107
John Lehman, WH-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
Ibny Mont rone, WH-527
Sue Moreland (ASTSWMO)
Sam Napolitaro, PM-220
Dean Nelson, A-104
Jim O'Leary, WH-562
Christina Rarker, 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 Shannon, 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 Vfeste Division Directors, Regions I-X
Hazardous Vfeste Management Branch Chiefs, Regions I-X
Regional Counsel, Regions I-X
Regional Libraries, Regions I-X
------- |