i \ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON. O.C. 20460 OCT I 5 085 OFFICE OF SOCIO WASTE AND 8MIBGENC RESPONSE MEM3RANDUM SUBJECT: RCRA/Superfund Hotline Status Report - August 1985 FROM: Carolyn Barley, Project Officer ( (2e Office of Solid Waste (382-2217) — /j yoev ^ Office of Emergency and Remedial Response TO: See addressees Barbara Hostage, Project Officer t) jf Emergency and Remedial Response (382-2198) 0 I. ACTIVITIES A. The Hotline responded to 8,325 questions and requests for documents in August. B. On August 1, Ingrid Rosencrantz attended the U.S. EPA Conference on Solid Waste land Disposal Facilities, Snail Quantity Generators, and Underground Storage Tanks held at the Mayflower Hotel, Washington, D.C.. C. On August 1, Nathan Wilkes briefed the Hotline on documents available from the RCRA Docket. D. On August 7, four new information specialists joined the Hotline. They are Jennifer Brock, Kim Gotwals, Dave Phillips, and Kevin Weiss. E. On August 9, Debbie Rutherford briefed the Hotline on EPA's public outreach and education program for 100-1000 kg/mo generators. F. On August 9, Charlotte Mooney and Jim Ginley attended the public meeting on the proposed underground hazardous waste tank regulations that were proposed in the June 26, 1985, Federal Register (50 FR 26444). G. On August 14, Vanessa Musgrave briefed the Hotline on the RCRA public participation program. II. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES A. RCRA "Skinner List" 1. What is meant by the term "Skinner List"? ------- - 2 - The term "Skinner List" refers to a subset of 40 CFR 261 Appendix VIII constituents (89 canpounds) that* when developed, was considered a conservative list of hazardous constituents that t»re reasonably likely to be in petroleum refinery wastes. The list *es originally an attachment to a memo dated April 3, 1984, fran John Skinner, then Director for the Office of Solid tfeste, to the Regional Hazardous Waste Permit Branch Chiefs. Its primary purpose was to provide permit writers guidance on evaluating petroleun refinery waste analyses submitted in land treatment permit applications. However, as a result of changes in delisting requirements as specified by the Hazardous and Solid Vbste Amendments of 1984, the list became relevant for purposes of refinery delisting actions including the identification of analyses to be performed for delisting purposes. (The list of constituents sent to petitioners actually differed slightly from the original list that appeared with the Skinner memo. The consti- tuents appeared in a list entitled "Constituents of Possible Interest to Refinery Listing Effort.") As a result of additional data collected by the Agency during the spring of 1985, the decision was made to eliminate a significant number of constituents for which analysis was needed for delisting purposes. That subsequently reduced list is the current one now in use for delisting purposes only. Regional offices retain the authority to require the complete "Skinner List" to be used in land treatment permit applications. In addition, the hazardous waste listing program at EPA headquarters may periodically add constituents to the listings as a result of data collected through their industry studies. The guidance manual entitled Petition to Delist Hazardous Vteste contains the current list for which analysis is needed for refinery wastes in addition to general information described on preparing a delisting petition. This guidance manual can be ordered at a cost of $19.00 through the National Technical Information Service (OTIS) by referring to order number PB 85-194488. Source: Barbara Bush (202) 475-6776 Corrective Action for Continuing Releases (§3004(u)) 2. An owner/operator of a treatment, storage or disposal facility (TSDF) is preparing a RCRA Part B application. The facility design includes simps holding wastewater. The vastewater is considered a listed hazardous waste because it contains spent chlorinated solvents listed in $261.31 and the mixture rule of §261.3(a)(2)(iv) applies, wastewater is held in the simp for less than 90 days. Is the owner/ operator required to address these sunps in the Part B application? Assuming the simps are made of non-earthen material and have sufficient structural integrity, they would be regulated as tanks (see Regulation Interpretative Letter #110 regarding tanks versus surface impoundments • and §264.191). Section 262.34 states that hazardous waste may be stored in tanks or containers for 90 days or less without a RCRA permit provided compliance with §262.34 (a) through (c). On this basis alone, the sjnps need not be addressed in the Part B application (§264.1(g)(3) and §270.1(c)(2)(i)). However, the Hazardous and Solid Vteste Amendments of 1984 (HSWA) require that infomation be sutmitted regarding solid waste management units, including sjnps, for RCRA permits issued after November 8, 1984. The new corrective action provisions for continuing releases (§3004(u) of the Solid Waste Disposal Act, as amended) requires identification of all solid waste management units at the ------- - 3 - facility and releases of hazardous wastes and hazardous constituents fran these units. Guidance on the §3004(u) corrective action provision is found in RCRA Reauthorization Statutory Interpretation #3 (RSI #3) dated February 5, 1985, and the July 15, 1985, codification rule (50 FR 28711). RCRA permits issued after November 8, 1984, must contain carpiianee achieSules for corrective action and assurances of financial respon- sibility for ccnpleting such corrective action per 5264.101 (50 FR 28711). Source: Dave Fagan (202) 382-4497 Leak Notification 3. Title 40 CFR 5264.222 was removed in the "codification rule," July 15, 1985 (50 ET* 28748). Section 264.222 contained the exemption fran Subpart F groundwater protection requirements for double-lined surface iirpoundments. Deleted 5264.222(b)(1) and (2) con- tained notification requirements for occurrence of a leak into the leak detection system at a double-lined surface impoundment. Are there any notification requirements for de- tection of a leak under the regulations found in 5264.221 of the "codification rule" (or anywhere else) as required by HSWA of 1984 (P.L. 98-616)? Sections 264.221 and 265.221 of the "codification rule" contain revised design and operating requirements for new surface impoundments, new surface impoundments at existing facilities, and lateral expansions and replacements of existing surface impoundments. Sections 264.221 and 265.221 require the installation of two or more liners and a leachate collection system between liners. Notification requirements for detection of a leak are not found in this section. However, the "Draft Minimm Technology Guidance on Double Liner Systems for Landfills and Surface Impoundments" (EPV530-5W-85-014 dated May 24, 1985) contains operating instructions for the use of secondary leachate collection systems between liners. The draft guidance (page 46) states: "As a general natter EPA will include in draft permits a requirement that the owner or operator notify the Regional Administrator, in writing, of the presence of liquids in the secondary leachate collection system in a timely manner. Such notification may include, if necessary: 1. leakage rate (quantity); 2. the concentrations of hazardous constituents (indicator parameters specified by 5264.98(a))." In addition, if a leak is detected during interim status, the owner/operator must modify' the Part B application. Source: Kent Anderson (202) 382-4490 Minimum Technological Requirements 4. Section 3004(o)(5)(B) of the Solid Waste Disposal Act, as amended, provides that the requirements for the installation of two or more liners may be satisfied by the interim statutory design presented. This, design includes "a top liner designed, operated, and constructed of naterials to prevent the migration of any constitutent into such liner during the period such facility retrains in operation (including any post-closure monit- oring period)..." Should the liner meet the 53004(o)(5)(B) criteria for the operating life of the particular unit or of the entire facility? The design, construction, and operation of the liners should prevent the migration of hazardous waste constituents into the top liner and through the lower liner as long as the particular unit remains in operation. The operating period includes any post- closure monitoring period of the specific landfill or surface impoundment unit. Contact: Les Otte (202) 382-4654 ------- B. CERCLA - 4 - Reportable Quantity 1. The April 4, 1985/ Federal Register (50 FR 13462) discusses the definition of "into the envirorwnt." Instates that "Examples of such releases are spills fran tanks or valves onto concrete pads or lined ditches open to the outside air, releases fran pipes into opsn lagoons or ponds, or any other discharges that are not wholly contained within buildings or structures. Such a release, if it occurs in a reportable quantity (e.g.f evaporation of an RQ into the air fran a dike or concrete pad) must be reported under CERCLA." Die example implies that even though the substance has been released onto a concrete pad (outside of a facility) that it would have to evaporate into the air in an RQ amount before it is "reportable." Is this correct? No; once a substance is released outside of a facility in, a reportable quantity (RQ) this release must be reported. The example given was meant to clarify this point. Source: Rick Horner (202) 382-2307 Joe Freednan (202) 382-7700 Liability 2. A private citizen intends to purchase a plot of land. The former owner of the land conducted experiments with hazardous substances on the property. The potential owner has reason to believe that the former owner disposed of vastes fran experiments/tests conducted at the property, thus potentially causing serious contamination. (a) vtiat actions (if any) can the potential owner take under CERCLA prior to pur- chasing land in order to determine whether or not the property is contaminated and i a tozard to human health and the envirorment? (b) If the land is purchased, is the ( new owner liable for any injury or harm derived from any contamination that may exists- even if the new owner was not responsible for the contamination? (c) Is the past owner of the property liable for the same injury or harm described in (b)? (a)(1) The first action vrtuch could be taken by a potential owner of property is to contact the U.S. EPA Regional Sites Notification Office. If the former owner had deposited hazardous substances and/or wastes at the location and properly notified the Region, as called for by CERCLA 5103(c) and Federal Register dated April 15, 1981, (46 FR 221252), then the potential owner could verify the existence of waste at the location. (2) The Region may also provide infornation from the CERCLIS (Comprehensive Environmental Response Compensation and Liability Information System) data base. CERCLIS is a list of sites where tozardous wastes have been disposed and which present a potential hazard to himan health and the environment. The p.-operty nay be listed in CERCLIS (formerly ERRIS). (3) Without specific information, it might prove difficult to conduct actual analysis of the property either by EPA or local officials. (b) Upon assjning ownership of land, a new owner would be liable under CERCLA. Section 107(a)(1) of the statute addresses liability and reads "(1) the owner and operator of a vessel (otherwise subject to the jurisdiction of the United States) or a facility ... shall be liable for ..." (see 5107(a)(4)(A-C)). (c) The past owner may also be held liable under CEECLA according to 5107(a)(2) which reads, "(2) any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substances were disposed of ... shall be liable for ..." (see 5107(a)(4)(A-C)). Source: Gail Cooper (202) 382-7700 ------- - 5 - III. ANALYSES OF QUESTIONS The Hotline responded to 8,325 questions and requests for documents in August. Of the questions asked, the percentage of callers was: Generators 26.6% Transporters 2.21 TSDF's 11*3« EPA HQ'S EPA Rftninng *«5% Federal Agencies i »I% Local Agencies 1.2% More calls were received by Region 3 than from any other Region. Breakdown by Region: 1 5.4% 3 25.5% 5 18.3% 7 4.1% 9 6.7% 2 11.4% 4 12.8% 6 9.4% 8 3.8% 10 2.6% England 0 Canada 0 RCRA TSDF »neral Information 329 A-Scope/Applicabi1ity 147 itification (3010) 76 ©-General Facility Standards 21 uefinitions (260.10) 96 C-Preparedness Prevention 7 Petitions/Delistina (260.22) 44 D-Contingencv Plans 12 Definitions (261.2 & 3) 130 E-Manifest/Recordkeeping/Reporting 20 Exclusions (261.4) 103 F-Groundwater Monitoring 77 Shell Quantity Generator (261.5) 357 G-Closure/Pos t-Closure 94 Recycle/Reclaim (261.6) 226 H-Financial Requirements 59 Container Residues (261.7) 46 I-Containers 68 Waste ID (261 C&D) 685 J-Tanks 140 262 Generator K-Surface Impoundments M tenifest Info 154 L-Waste Piles 16 Pre-transport 24 M-Land Treatment 11 Accumulation 95 N-Landfills 89 Recordkeeping & Reporting 24 O-Incinerators 43 International Shipments 5 P-Thental Treatment 5 263 Transporter 48 Q-Chemical, Physical, Biological Treat. 45 270 B - Permit Application 57 R-Underaround Iniection 3 D - Changes to Permits 15 X-Miscellaneous Facility 1 F - Special Permits 8 Y-Experimental 0 G - Interim Status 59 266/267 158 271 State Programs 113 124 Decision Making 3 CERCLA General/Overview 117 RCRA Amendments 2,377 Hazardous Substar.ces/RQ 143 NCP 44 Liability/Enforcement 55 Taxes/IRS/PCLTF 9 Other/Referrals 246 Removal 30 Document Requests 1,329 Remedial/NPL 85 On-site policy 13 Off-site Policy 14 ERRIS/Notification 24 Liability/Enforcement 35 CERCLA Reauthorization 8 State Agencies 7.0% Consultants 30.4% Press 0»8% Trade Associations 1.2% Citizens 3.3% Others 6.0% ------- - 6 - publications RCRA "Draft RCRA Preliminary Assesment/Site Investigation Guidance" (PVSI) is available from the RCRA Docket. A limited number of copies can be obtained by contacting Nathan Wilkes at (202) 382-2074. "Exposure/Risk Assessment Guidance DocumentAddresses exposure and risk assessment under RCRA and CERCLA. Available through the EPA Regional Offices. "Agency Operating Guidance" - to be used with the RCRA Implementation Plan (RIP) for FY 1986. Limited njnber of copies available. Contact Mary Decker at (202) 475-6788. Support docjnent for Hazardous Vtaste Incinerators - available through the National Technical Information Service (NTIS). No order nunber has yet been assigned. Call (703) 487-4650 to order copies. CERCLA "CERCLA: What it is, How it works" (HW-1). all Robin Woods, Office of Public Affairs, at (202) 382-4355 for multiple copies. Contact Denise Sines (202) 382-3046 for individual copies. "Hazardous Vteste Sites: Description of Sites on Current National Priorities List, October 1984," (HW-8.5, Decenber 1984) is now available through OTIS. The document identification rvjnber is PB 85-224756. C&ll (703) 487-4650 to order copies. ------- - 7 - federal register notices Open Ccnment Periods: July 30, 1985: 50 FR 30908 Proposed solvent additions solvent additions to the hazardous waste listing) A proposed addition oŁ one spent solvent to the §261.31 F002 listing three spent solvents to the §261.31 F005 listing, one camercial chemical solvent to the 8261.33(f) list, and two hazardous constituents to the Part 261 Appendix VIII list. Cements are due by September 13, 1985. July 31, 1985: 50 FR 30967 (Tentative determination on Kansas' application for final authorization) A notice of tentative determination on the state of Kansas' application for final authorization to administer the hazardous waste program in that state. EPA expects to make a final decision on Kansas' application by September 30, 1985. Contents are due by September 30, 1985. August Federal Register Notice: August 1, 1985: 50 EŁ 31278 (Proposal for generators of 100-1000 kg/mo) August 16, 1985: 50 FR 33103 (Inspections of TSDF's by non- governmental inspectors) August 19, 1985: 50 FR 33359 (Tentative final authorization for Nevada) August 20, 1985: 50 FR 33541 (technical corrections to the definition of Solid Waste) August 21, 1985: 50 FR 33902 (proposed rule and request for canments concerning availability of liability insurance) A proposed rule for regulating generators of 100-1000 kg/mo. Canments are due by September 30, 1985. A request for canments concerning inspections of TSDF's per §3007(e)(2) of HSV& by non-governmental inspectors as a supplement to governmental inspections. A notice of a tentative determination on the application of Nevada for final authorization to administer the hazardous waste program in that state. Canments are due by September 20, 1985. Technical corrections to the definition of Solid Waste final rulemaking (FR January 4, 1985). Corrections are effective August 20, 1985. A proposed rule and request for canments concerning availability of liability insurance for TSDFs and possible solutions to the constrained insurance market. Comments are due by September 20, 1985. ------- - 8 - August 27, 1985: 50 FR 34687 (final delisting of certain wastes at five facilities) A final delisting of certain wastes generated at the following facilities: Imperial Clevite, Texas Instruments, Inc., tCP Chemical, Stauffer Chemical (Alabama), Stauffer Chemical (Louisiana). August 30, 1985: 50 FR 35261 (re-opening of canment period for UST notification requirements) A re-opening of the cement period for the May 28, 1985, Federal Register concerning proposed notification requirements for owners of underground storage tanks under §9002 of RCRA, as amended. Garments are due by September 13, 1985. ------- |