Final Monthly Report: RCRA/Superfund Industry Assistance And Emergency Planning And Community Right-To-Know Information Hotline Report August 1985


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"?

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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

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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

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B. CERCLA
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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

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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%

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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.

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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 o£ 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 E£ 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.

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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.

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