f JHL t UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D C. 20460
vSEZ,
JAN 3 !986
MEMORANDUM 3_
SOLlOkVAirE
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G. On November 18, Barbara Roth and Brigid Rapp of the Information Management
and Services Division met with Denise Wright to discuss sources of Super-
fund guidance documents that could be incorporated into EPA's Library
system.
H. The Hotline's newest Information Specialist is Betty Jean Perkins who replaces
Hilary Scnmer. Betty Jean has a B.A. in Geography frcm Clark University with
graduate work in environmental law frcm George Washington University.
II. REGIONAL ACTIVITIES: SUPERFUND INFORMATION SERVICES
A. Region II
o This information service began November 13, 1985, and is staffed by Josh Blocm.
o The information service has been advertised only at the Radon, Renora, and
Krysowaty sites in New Jersey. Advertisement at other sites is being planned.
o The information service also provides information support for the Chemical
Qnergency Preparedness Program (CEPP).
o Josh responded to 32 inquiries in November.
o The breakdown of calls by subject is as follows:
Radon site - 11
CEPP - 14
CERCLA/RCRA - 7
o The breakdown of callers is as follcws:
General Public - 13
Consultants - 1
State Government - 4
Local Government - 4
Industry - 5
Press - 5
o Each call requires approximately one hour to resolve, including call-backs.
B. Region IX
o This information service began October 15, 1985, and is staffed by Peter Werner.
o The information service has been advertised at four sites in California with
fact sheets prepared for the sites. Fact sheets are developed by the EPA
ccmnunity relations group to describe the sites and action being taken. The
four sites are:
1) Alviso, CA
2) Montrose Chemical Works, CA
3) South Bay, CA
4) Operating Industries, Inc., CA
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o Peter responded to 47 inquiries in November.
o The breakdown of calls by subject is as follows:
Superfund sites - 13
CERCLA - 15
RCRA - 4
General/Documents - 15
o The breakdown of callers is as follows;
General Public - 20
Consultants - 3
Government - 7
Industry - 16
Environmental Groups - 1
o Peter also provided support to EPA in preparing far the CEPP teleconference,
and addressing controlled correspondence in a research capacity.
III. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES
A. RCRA
1. Solvent Mixture Rule
A product contains two active ingredients, toluene and benzene. This unused
product is spilled on the ground. Hew is the spill and spill residue regulated
under RCRA? Will the proposed solvent mixture rule in the April 30, 1985
Federal Register (50 FR 18378) affect this?
Currently, if a product with more than one active ingredient is spilled, it
will not be classified as a "P" or "U" spill residue per §261.33 since the
product contains more than one active ingredient. The proposed solvent
mixture rule (50 FR 18378) does not change the answer since the proposed
rule only addresses spent solvent mixtures.
If the soil mixed with the spilled product meets a characteristic of hazar-
dous waste in Part 261 Subpart C, then the soil is a RCRA waste. If the
soil mixture does not meet a characteristic of hazardous waste, RCRA is
not applicable. CERCLA reporting may be required if the reportable quantity
is exoeeded since benzene and toluene are hazardous substances.
Source: Jackie Sales (202) 382-4770
Steve Hirsch (202) 382-7703
2. UST Notification
A farmer stores motor, fuel in a 1,100 gallon underground storage tank for use on
site in his ccnmercial fanning operation. Must he notify his State of the existence
of this tank?
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Section 9001(1) of Subtitle I excludes "(1) Farm or residential tanks of 1,100
gallons or less capacity used for storing motor fuel for noncarmercial purooses"
fran the definition of underground storage tank. As long as the farmer does
not sell the motor fuel, but rather uses it on his own farm, he would not
have to provide notification of his tank.
Source: Carrie Wehling (202) 475-8067
3. Use Constituting Disposal
The January 4, 1985 (50-FT* 614) redefinition of Solid Waste brought into regulation
certain hazardous waste management activities that were previously exenpt from
regulation because these activities were deemed to be beneficial use, reuse, or
reclamation under 5261.6(a)(1). On this date, EPA added a new section (Part 266
Subpart C) which outlines the regulations on the use of hazardous waste in a
manner constituting disposal. This section now regulates beneficial use or
reuse of hazardous wastes via placement or application of the hazardous waste
(recyclable material) on the land.
For training purposes, a fire department sprays virgin diesel fuel on the ground.
The fuel is set ablaze and then extinguished. The resultant residues are collected
and properly disposed of as RCRA hazardous wastes.
Does the act of spraying the virgin diesel fuel meet the use constituting disposal
classification?
No; spraying virgin fuel on the ground for firefighting practice does not meet
the use constituting disposal classification. In this case, the fuel is a
primary material and not a waste. Had the fuel been spent or a secondary
material, such usage could be considered use constituting disposed.
Source: Steve Silverman (202) 382-7706
Matt Straus (202) 475-8551
4. Hazardous Waste Fuel Marketers
Section 266.34 outlines the requirements of Hazardous Waste Fuel Marketers. This
section states that generators who "market" fuel directly to burners are subject
to prohibitions under Section 266.31(a), notification under §3010, applicable
storage requirements under $262.34 and A through L of Parts 264 and 265, and
certain recordkeeping and reporting requirements.
A generator ships hazardous waste fuel to a burner without the occurrence of a
monetary transaction. Will the generator be considered a marketer under
Section 262.34?
Yes; the absence or presence of monetary transactions under Part 266 has no
bearing on a marketer's status. The act of initiating a shipment of hazardous
waste fran a generator directly to a burner for legitimate energy recovery
constitutes marketing. A hazardous waste fuel blender/processor initiating
a shipment to a burner for energy recovery is also marketing'hazardous waste
fuel.
Source: Bob Holloway (202) 382-7936
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B. CERCLA
1. Section 103(c) Notification
In 1981, a property owner with an inactive, uncontrolled, hazardous waste site
notified EPA according to CERCLA Section 103(c). At the time, the amount of waste
contained in the unit was reported as 5,000 pounds. If in 1985 the property is
sold and the new owner discovers that the site actually contains 10,000 pounds of
hazardous waste, would the new owner be required to renotify EPA? Further, if the
new owner found an entirely different site located elsewhere on the property,
would this site also require notification?
Renotification is required for the discovery of an additional amount of hazar-
dous waste on the site if there is a significant difference between the amount
reported and the amount now believed to be at the site. A significant difference
between the amount reported and the amount now believed to be at the site should
be determined on a case by case basis considering whether the non reporting of
the additional amount of hazardous waste would be misleading as to the extent
of danger at the site. Also, if an additional, previously unknown and unreported
unit is discovered, the owner of the property should contact the U.S. EPA
Regional Superfund office to properly amend or update the original notification.
Source: Dick Hess (202) 475-8107
Carrie Wehling (202) 475-8067
2. Ccnrrcunity Relations Plans
A responsible party will conduct the remedial action at an uncontrolled hazardous
waste site which is on the National Priorities List (NPL). The clean-up will be
conducted pursuant to a Federal enforcement action under CERCLA, §106. Must a
camminity relations plan be prepared for the remedial action? May the responsible
party prepare and implement the ccmnunity relations plan?
The revised National Oil and Hazardous Substances Pollution Contingency Plan
(NCP), November 20, 1985 Federal Register (50 FR 47912) adds a new regulatory
section, §300.67. Ccmnunity relations activities are new required for both
removal and remedial actions, including enforcement actions, at NPL sites per
§300.67(a).
Section 300.67 provides that a responsible party may with oversight by the lead
agency be permitted to implement appropriate parts of the community relations
plan. However, responsibility for preparing and developing the site camunity
relations plan remains with the lead agency.
Source: Steve Shiith (202) 382-2200
3. Criteria far Addition to the NPL
On September 16, 1985 (50 ET* 37624), EPA revised §300.66(b)(4) of the National
Contingency Plan (NCP) to allow seme releases that would not previously have
qualified for the National Priorities List (NPL) and for remedial action to be
added to the NPL. IDoes this mean that it is new possible far any site to be
added to the NPL?
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In revising $200.66(b)(4) of the NCP, EPA aaaea a metnoa ot qualifying
releases for the NFL. Prior to this change, the principal method by which
a release could qualify for the NPL was for EPA to determine that the release
scored above 28.50 using the Hazard Ranking System (HRS). The HRS is used
to evaluate the potential of a release to present risks to human health or
the environment. The scoring process takes into account variables representing
the potential migration of hazardous substances from the release by routes
involving groundwater, surface water, or air. Other variables that are
used represent the size of the potential affected population and the extent
of contamination.
The September 16, 1985, NCP amendments created a second method of qualifying
releases for the NPL and for remedial action. To qualify, a release nust
meet all three of the criteria detailed in 8300.66(b)(4). This provision
specifies that a release may qualify for the NPL only if (1) a public health
advisory which recommends dissociation of individuals frcm the release has
been issued by the Agency for Toxic Substances and Disease Registry of
Health and Human Services; and (2) EPA has determined that the release
poses a significant threat to public health; and (3) EPA anticipates that
it will be more cost effective to use its remedial authority than to use
removal authority to respond to the release.
This listing mechanism allows EPA to use remedied authority with respect to
releases that represent a significant threat to human health and the environ-
ment but would not score over 28.50 using the HRS primarily due to limited
geographic extent and to a snail affected population. One example of such
a situation and of how §300.66(b)(4) would be implemented is the Lansdowne,
PA Radiation Site which was added to the NPL using this mechanism on
September 16, 1985 (50 FR 37630). Because permanent relocation may only be
taken under remedial authority, listing of such releases on the NPL would
allow permanent relocation of affected residents, while use of removal
authority would allow only temporary relocation. EPA does not anticipate
using this mechanism for listing unless the release meets the requirements
of §300.65 for removal action.
Source: Linda Garczynski (202) 382-2668
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IV. ANALYSES OF QUESTIONS
The Hotline responded to 7,139 questions and requests for documents in November. Of the
questions asked, the percentage of callers was:
Generators 25% State Agencies 6%
Transporters 2% Consultants 31%
TSDF' s 13% Press 1%
EPA H3's 2% Trade Associations 2%
EPA Regions 4% Citizens 5%
Federal Agencies 4% Others 4%
Local Agencies 1%
More calls were received by Region 3 than from any other Region. Breakdown by Region:
1 6% 3 27% 5 20% 7 4% 9 8%
2 11% 4 11% 6 8% 8 3% 10 2%
International 0
RCRA TSDF
General Information
276
A-Scope/Applicability
151
Notification (3010)
87
B-General Facility Standards
42
Definitions (260.10)
120
C-Preparedness Prevention
5
Petitions/Delistinq (260.22)
42
D-Continqency Plans
15
Definitions (261.2 & 3)
109
E-Mani fest/Recardkeepi ng/Repart ing
17
Exclusions (261.4)
126
F-Groundwater Monitoring
65
Small Quantity Generator (261.5)
159
G-Closure/Post-Closure
55
Recycle/Reclaim (261.6)
190
H-Finaneial Requirements
91
Container Residues (261.7)
53
I-Containers
30
Waste ID (261 C&D)
531
J-Tanks
58
262 Generator
K-Surface Impoundments
51
Manifest Info
70
L-Waste Piles
7
Pre-transport
12
M-Land Treatment
8
Accumulation
88
N-Landfills
48
Recardkeepinq & Reporting
42
O-lncineratars
31
International Shipments
13
P-Thermal Treatment
5
263 Transporter
49
Q-Chemical, Physical, Biological Treat. 47
270 B - Permit Application
41
R-Underground Injection
6
D - Chanaes to Permits
21
X-Miscellaneous Facility
3
F - Special Permits
12
Y-Experimental
3
G - Interim Status
57
266/267
128
271 State Proarams
77
124 Decision Makinq
1
CERCLA General/Overview
86
RCRA Amendments
1470
Hazardous Substances/FQ
99
UST
358
NCP
77
Liabilitv/Enfarcement
56
Taxes/IRS/PCLTF
16
Other/Referrals
256
Removal
23
Document Requests
1425
Remedial/ttPL
105
On-site Policy
17
Off-site Policy
13
CERCLIS/Notification
20
Liability/Enforcement
52
CERCLA Reauthorization
24
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PUBLICATIONS
RCRA
"Construction Quality Assurance for Hazardous Land Disposal
Facilities" EPA/530-SW-85-021, October 1985. Single copies of
this draft document are available from EPA's Office of Research
and Development, Cincinnati, OH (513) 569-7562.
CERCLA
"Superfund Remedial Design and Remedial Action Guidance," February
1985. Available frcm the Superfund Docket at (202) 382-3046. Copying
costs are $26.80.
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VI. FEDERAL REGISTER NOTICES FOR NOVEMBER
Former Notices With Open Ccnment Periods As Of December 1:
October 2, 1985: 50 FR 40292
(proposed revisions to mining
waste exclusion)
November Federal Register Notices:
November 1, 1985: 50 FR 45736
(proposed "By-product" clarification)
November 5, 1985: 50 FR 45933
(request for ccmrents on CERCLA
off-site policy and RCRA §7003)
November 8, 1985: 50 FR 46468
(proposal to delist iron dextran)
November 8, 1985: 50 FR 46504
(environmental auditing policy
statement)
November 8 , 1985: 50 FR 46602
(final UST notification form)
November 8, 1985: 50 FR 46437
(final authorization for
South Carolina)
November 12, 1985: 50 FR 46734
(tentative final authorization
for Pennsylvania)
November 14, 1985: 50 FR 47071
(tentative final authorization
for Guam)
Proposal to narrow the scope of the mining waste
exclusion in 40 CFR Part 261.4(b)(7). This proposed
rule would relist six smelting wastes previously
listed and eliminate many wastes frcm this exclusion
except for specified wastes. Comments were due by
December 2, 1985. On November 27, 1985 (50 FT* 48800)
the ccnment period was extended to January 2, 1986.
Notice of proposed rulemaking on the Department of
Energy's definition of "by-product material," which
would determine if radioactive wastes are regulated
exclusively under DOE (through the Atonic Energy
Act) or also under EPA (through RCRA). Cements were
due by December 2, 1985. On November 18, 1985 (50
FR 47409), DOE extended the ccnment period to
January 2, 1986.
Notice announcing request for contents on off-site
policy concerning treatment, storage, or disposal
of hazardous substances resulting frcm CERCLA
activites car RCRA 7003 (imminent hazard) activities.
Cannents are due by January 6, 1986.
Proposed rule to remove iron dextran from the RCRA
lists and the CERCLA list. Cements are due by
January 7, 1985.
Notice announcing EPA policy on the use of environ-
mental auditing to achieve and maintain compliance
with environmental laws and regulations. Guidance
on effective auditing programs.
Notice effective November 8, 1985, announcing final
form to be used for UST notification. Regional and
State contacts cure listed.
Notice of final authorization for South Carolina's
hazardous waste program subject to limitations on
its authority imposed by HSWA. Effective at 1:00
p.m. on November 22, 1985.
Notice of tentative determination for final authori-
zation for Pennyslvania's hazardous waste management
program. Ccmnents are due by December 13, 1985.
Notice of tentative determination for final authori-
zation for Guam's hazardous waste management program
Cannents are due by December 16, 1985.
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November 15, 1985: 50 FR 47236
(availability of insurance
information)
November 18, 1985: 50 FR 47409
("by-product" cement period
extension)
November 19, 1985: 50 FR 47566
(tentative final authorization
for Illinois)
Notice announcing availability from the RCRA docket
of information that EPA gathered frem insuranct
ccmpanies and the RCRA regulated community on
those insurance companies that still offer liability
insurance and on facilities that may close after
November 8, 1985. Comments on this information
were due by November 25, 1985.
Notice extending to January 2, 1986 the ccmnent
period on the proposed rulemaking to clarify the
application of the term "by-product material."
Notice of tentative determination for final
authorization for Illinois hazardous waste manage-
ment program. Cements are due by December 20,
1985.
November 19, 1985: 50 FR 47567
(tentative final authorization
for Indiana)
November 20, 1985: 50 FR 47736
(final authorization for
Arizona)
Notice of tentative determination for final authori-
zation for Indiana's hazardous waste management
program. Cements are due by December 27, 1985.
Notice of final authorization for Arizona's hazar-
dous waste program subject to the limitations on its
authority imposed by HSWA. Effective at 1:00 p.m.
on December 4, 1985.
November 20, 1985: 50 FR 47740
(final authorizaton for Missouri)
Notice of final authorization for Missouri's ha
dous waste program subject to the limitations
its authority imposed by HSWA. Effective at 1
on December 4, 1985.
November 20, 1985: 50 FR 47763
(proposal to deny sixty-seven
delisting petitions)
Proposal to deny sixty-seven petitions for delisting
wastes on the basis of incanplete information fran
the petitioners. Cements are due by December 20,
1985.
November 20, 1985:
(NCP final rule)
50 FR 47912
A final rule effective February 16, 1986, on the
National Contingency Plan, pursuant to Section 105
of CERCLA.
November 21, 1985: 50 FR 48129
("Construction Quality Assurance
for Hazardous Waste Land Disposal
Facilities")
Notice announcing the availability of public cement
on the draft document: "Construction Quality Assu-
rance for Hazardous Waste Land Disposal Facilities."
This document will help ensure canpliance with
minimum technological requirements. Available frcm
ORD In Cincinnati. Available for viewing at Public
Information Reference Unit in Washington, D.C., EPA
Library in Research Triangle Park, N.C., and EPA
Library in Cincinnati. Cemments are due by March 4,
1986. .
November 25, 1985: 50 FR 48406
(advance notice of expiration
of RCRA interim authorization)
Advance notice that interim authorization for States
which have not received fin^l authorization will
expire 1:00 p.m. on January 31, 1986. As of th\
date, EPA will be responsible foe operating the
Federal hazardous waste program in those Stated
losing interim authorization.
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November 27, 1985: 50 PR 48800
(ccmment period extension on
proposed mining waste
re interpretat ion)
November 27, 1985: 50 FT*. 48801
(tentative final authorization
for Wisconsin)
November 27, 1985:
(final delistings,
VHS model)
50 FR 48806
denial, and
November 29, 1985: 50 FR 49072
(delayed determination for
final authorization for Ohio)
November 29, 1985: 50 F£ 49164
(hazardous waste and waste oil
burning and blending final rule)
November 29, 1985: 50 FR 49212
(proposed management standards
for recycled used oil)
November 29, 1985: 50 FR 49258
(proposed used oil listing,
definition, mixture rule and HQ
adjustments)
Notice announcing the extension of the ccmment per-
iod on the proposed reinterpretation of the mining
waste exclusion. Comments are new due by January 2,
1986.
Notice of tentative determination for final authori-
zation for Wisconsin's hazardous waste management
program. Cements are due by December 26, 1985.
Final rule effective November 27, 1985, granting six
delisting petitions for specific facilities in Ohio,
New York, Arkansas, and Missouri. Also provides
technical information on the use of the Vertical
Horizontal Spread (VHS) Model (for ground-water
modeling) for delisting purposes.
Notice of intent of EPA to delay decision on final
authorization for Ohio's hazardous waste management
program pending review of the FY 1985 Year End State
RCRA grant evaluation.
Final rule effective December 9, 1985 on burning
hazardous waste fuels and waste oil fuels for energy
recovery, under Subparts D & E of Part 266. Prohibits
marketing and burning of hazardous waste fuel and
off-specification used oil fuel in nonindustrial
boilers. Storage controls will be effective May 29,
1986; all other provisions will be effective
March 31, 1986.
Proposed rule on management standards for generators
transporters and owner/operators of used oil recyc-
ling facilities. Garments are due by January 28,
1986.
Proposed rule to list used oil as a hazardous waste;
provide a regulatory definition of used oil; change
the mixture rule to exclude very small quantities of
waste oil; and to adjust the RQ to 100 pounds.
Ccmments are due by January 28, 1986.
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Martha Anderson, DORM
Frank Biros, VM-527
George Bonina, VH-563
Karen Brown, PM-220
John Bosky, EPA - Kansas City, KS
Diane Buxbaum, Region II
Eileen Claussen, Wl-562
Pat Cohn, V«-527
Peter Cook, VH-527
Alan Corson, VH-565
Elizabeth Cotsworth, VH-563
Hans Crump, VH-548B
Truett DeGeare, VH-563
Steve Dorrler, EPA - Edison, NJ
Barbara Elkus, VH-527
Tim Fields, VH-548B
Elaine Fitzback, VH-527
Lisa Friedman, LE-132S
George Garland, VH-562
John Gilbert, EPA - Cincinnati, OH
Iantha Gilmore, VH-562
Peter Guerrero, W-563
Penny Hansen, VH-562
Bill Hanson, VH-548E
Betti Harris, EPA-Region VII
William Hederaan, VH-556
Lee Herwig, A-104
Rick Horner, VH-548A
Hotline Staff
Phil Jalbert, VH-548D
Alvin K. Joe, Jr., Geo/Resource
Jim Jcwett, VH-548B
Thad Juszczak, VH-562A
Robert Knox, VH-562
Jack Kooyocmjian, WH-548B
Mike Kosakowski, VH-527
Jerry Kotas, VH-527
Walter Kovalick, VH548
Donald Kraft, VM-548D
Tapio Kuusinen, PM-223
Robert Landers, EMSL/LV
Carol Lawson, A-107
John Lehman, VH-565
Steve Levy, VH-563
Henry Longest, VH-548
Gene Lucero, VH-527
James Makris, VH-548A
Susan Mann, Vtt-563
Jack MaGraw, V«-562A
Tony Montrone, VH-527
Sue Moreland (ASTSVMO)
Sam Napolitano, PM-220
Dean Nelson, A-104
Christina Parker, VH-562
Karen Reed, PM-273
John Riley, VH-548B
Clem Rastatter, VH-563
Dale Ruhter, VH-565
William Sanjour, VH-563
Susan Sawtelle, VH-562
Pam Sbar, LE-134S
Mike Shannon, VH-563
Ken Shuster, VH-565
Elaine Stanley, VH-548
Jack Stanton, VH-527
Bruce Weddle, VH-563
Steve Wilhelm, Region VII
Marcia Williams, VH-562
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
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