* \ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, O.C. 20460 APR 3 0 1985 OFFICE OF nm W SOLID WASTE AND EMERGENCY RESPONSE MEMORANDUM SUBJECT: RCRA/Superfund Hotline Monthly Status Report -- March 1985 FROM: Carolyn Barley, Project Officer y yf Office of Solid Waste (382-2217) ^ Barbara Hostage, Project Officer \QoAbCuu60 (J Office of Emergency and Remedial Response (382-2198) 0 TO: See addressees I. ACTIVITIES A. The Hotline responded to 5,121 questions and requests for documents in March. B. On March 12, Bill Rusin attended an EPA presentation to trade associations regarding the EPA sponsored survey of small quantity generators and regulatory developments mandated by the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616). C. On March 21, Denise Wright and Bill Rusin attended an OWPE briefing on the effect of the Hazardous and Solid Waste Amendments on enforcement authorities as they relate to the permit and state authorization programs. D. Travis Wagner and Hilary Sommer attended a March 29 press briefing on EPA's proposal to add 26 new hazardous waste sites to the National Priorities List. II. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES A. RCRA Dioxin Lab Sample 1. The January 14, 1985 Federal Register (50 FR_ 1978) published a final rule listing as hazardous wastes certain wastes containing particular chlorinated dioxins, - dibenzofurans, and - phenols. A private analytical laboratory has the capability of testing for dioxin compounds in hazardous wastes. Section 261.4(d) excludes from RCRA regulation the management of samples that are transported to a lab for t!ie purpose of testing to determine its characteristics or composition. Does this exclusion apply to this lab, and what must the lab do if it generates dioxin waste from its analytical procedures? ------- -2- As long as the lab is testing samples for characteristics or composition to determine if the waste is a hazardous waste, then the §261.4(d) lab sample exclusion applies. If the sample is known to be hazardous waste and 1t 1s shipped to the lab to be analyzed for treatability, for example, then the sample and its management are subject to regulation. If the lab generates dioxin waste from its analytical procedures in quantities greater than one kilogram per month, the lab must notify EPA or the state, if authorized, that it is a generator of hazardous waste. If the lab has previously notified as a generator for other hazardous wastes, it must renotify EPA or the authorized state of its dioxin generation activity no later than April 15, 1985, as discussed in the January 14, 1985 Federal Register (50 FR^ 1978). Source: Alan Corson (202) 382-4770 Waste Pile Liner 2. An interim status facility stores its hazardous waste in a waste pile. The waste pile has been in use since 1980. The owner/operator is considering expanding the waste pile in 1985. How do the minimum technological require- ments contained in Sections 3004(o) and 3015 of the RCRA amendments apply to this facility? The Section 3004(o) double liner and leachate collection system(s) requirements do not apply to waste piles; they apply only to landfills and surface impoundments. The new RCRA Section 3015(a) which applies to waste piles imposes the existing Part 264 liner and leachate collection requirements (§264.251) on new interim status waste pile units, lateral expansions, and replacements of existing waste pile units. In deciding whether this expansion must be lined, it must be determined whether the expansion goes beyond the boundaries of the existing waste pile unit. That decision depends on what objective evidence (e.g., excavation, constructed base, permit specifications, facility plans) indicates is the outer bound of the existing unit. Placing waste beyond that boundary would require lining of that expansion. Waste placed within the boundaries of the "existing unit" might also require lining if the area was not "operational" (constructed in conformance with state or local requirements) by November 8, 1984 (date of enactment of HSWA). Source: Bob Tonetti (202) 382-4654 Part B Application 3. A facility's Part B permit application is due after a Federal Register announcement of a final rule affecting the facility's hazardous waste management activities but prior to the effective date of the final rule. Is the permit applicant required to address applicable sections of the new final rule in the Part B permit application? ------- -3- Since the new final rule is not effective when the initial Part B application 1s due, the permit applicant is not required to address the new ffnal rule provisions in the initial Part B application. However, all permits Issued must reflect all applicable Part 264 requirements in effect on the date of issuance. Therefore, in most cases, if the new final rule will be 1n effect prior to permit issuance, the initial Part B application should be modified to reflect the new rule. If the new final rule will become effective shortly after permit issuance, the applicant may still want to address the requirements of the new rule in the Part B application rather than go through a permit modification at a later date. Source: Terry Grogan (202) 382-2224 Waste Analysis Plan 4. If an owner/operator of an interim status or permitted treatment, storage, or disposal facility (TSDF) accepts hazardous waste from small quantity generators, must he address that waste in his waste analysis plan require?* under §265.13 (for interim status facilities) or §264.13 (for permitted facilities)? No; the owner/operator would not have to address the wastes from small quantity generators in his waste analysis plan. Sections 265.1(b) and 264.1(b) state that all of the Part 265 and 264 standards do not apply if otherwise excluded in Sections 265.(1)(c) or 264.(1)(f) and (g) or in Part 261. Section 261.5(b) states that a small quantity generator's hazardous wastes are not subject to regulation under Parts 262-265 and Parts 270 and 124 if the small quantity generator complies with the §261.5 standards. Hence, hazardous wastes from small quantity generators in compliance with §261.5 are not subject to Part 265 or 264 standards, including §§265.13 and 264.13 for waste analysi s. Source: Jackie Tenusak (202) 382-2034 Closure Certification ^ 5. Must the certification of closure (§264.115) signed by the owner/operator (o/o) and independent professional engineer (P.E.) be submitted to the Regional Administrator within the 180 day period allowed for closure activities under §264.113(b)? Presently, the certification of closure should be submitted in a timely fashion, preferably within the 180 day closure period. However, there are currently no time limits for submission of the certification of closure under §264.115. ------- -4- In the March 19, 1985 Federal Register (50 FR_ 11068), EPA proposed several amendments to the closure regulations including §264.115. Under the proposed changes to §264.115, the o/o would have 30 days after completion of final closure of the entire hazardous waste management facility to submit the certification of closure. If the o/o performs partial closure of the facility (i.e., closing one unit of many), he must submit a certification of closure for any surface impoundment, land treatment, wastepile, or landfill unit within 45 days of closing the unit. Also, EPA proposes to drop the requirement that an "independent" professional engineer (P.E.) certify closure; instead any qualified P.E. may certify closure. Source: Susan Hughes (202) 382-4670 Waste Disposal Records 6. An owner/operator (o/o) of a disposal unit must maintain records of hazardous waste disposal locations and quantities of waste disposed at each location (§264.73(b)(2)). The o/o must submit those records to the local land authority and ttie Regional Administrator at closure of the facility (§264.74(c)). There were several proposed amendments to the closure requirements on March 19, 1985 (50 FR_ 11 068) but none for §264.74. If these proposed amendments are finalized, (1) when must the o/o submit these records; and (2) if the o/o closes only a disposal unit but not the rest of his facility (i.e.. he performs partial closure), when must he submit the records? The requirement of §264.74 (c) to submit operating records under §264.73(b)(2) generally corresponds to the §264.119 requirement to submit records of disposal locations and quantities of hazardous waste disposed of in each location to the local land authority and to the Regional Administrator within 91) days after closure. Under the proposed amendments to §264.119, (1) the disposal records must be submitted within 60 days after closure is completed, and (2) for partial closures, the records must be submitted within 60 days after closing each hazardous management disposal unit (§264.119(a)). Source: Susan Hughes (202) 382-4670 B. CERCLA Releases to the Environment 1. A facility which manages electrical transformers had a leak of over 2,000 gallons of transformer oil. The transformer oil leaked onto a concrete pad which did not have any berms or a containment system. The spilled material contaminated the soil surrounding the concrete pad. Would this release be covered under the CERCLA reportable quantity (RQ) rule published in the April 4, 1985 Federal Register (50 FR_ 13456)? ------- -5- The release may be covered under the RQ rule if the transformer oil contained a CERCLA hazardous substance as defined in CERCLA §101(14), and the hazardous substance released equaled or exceeded its RQ within a 24 hour period. The term hazardous substance "does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated" as a CERCLA hazardous substance. The list of CERCLA hazardous substances and their reportable quantities are in Table 302.4 1n the April 4, 1985 Federal Register (50 FR_ 13456). Transformer oil often is contaminated by PCBs, chlorobenzene compounds, dibutyl sebacates, silicone oils, and other dielectric compounds of which some are CERCLA hazardous substances. If the transformer oil does contain one or more CERCLA hazardous substances, then a determination of the quantity of specific hazardous substances in the oil should be made to determine whether the quantity released exceeded the CERCLA RQ. If the RQ is equaled or exceeded, then the owner/operator must report the release to the National Response Center at (800) 424-8802 as soon as he has knowledge of the release. The owner/operator is liable for the cleanup, natural resource damages, and other liabilities under CERCLA. Source: Rick Horner (202) 382-2307 011 Sheen 2. In the March 11, 1985 Federal Register (50 FR 9776), EPA proposed amendments to the regulations on reporting discharges o7 oil under 40 CFR 110 (the "sheen regulation"). A) What is the definition of oil? B) Does it include gasoline or toluene? A) "Oil" is defined as "oil of any kind or in any form, including but not limited to petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil." B) "Oil" would, therefore, include gasoline and toluene in a combined form. Pure or refined toluene, however, is regulated as a hazardous substance under §311 of the Clean Water Act (CWA)(40 CFR 117) and is not considered "oil" under the March 11 regulations. Nonetheless, a release of toluene into the environment would be subject to the reporting requirements for releases both as a hazardous substance under Section 311 of CWA and Section 103 of CERCLA. Source: Jack Kooyoomjian (202) 382-2814 ------- -6- III. PUBLICATIONS RCRA 1. "Small Quantity Hazardous Waste Generators: The New RCRA Requirements," March 1985, EPA/530-SW-85-005. The Hotline will accept requests for this pamphlet. Copies are also available i"n the Regions. 2. "Requirements for Small Quantity Hazardous Waste Generators: Questions and Answers," March 1985, EPA/530-SW-85-006. The Hotline will accept requests for this pamphlet. Copies are also available in the Regions. 3. "National Small Quantity Hazardous Waste Generators Survey" prepared for U.S. EPA Office of Solid Waste by Abt Associates Inc., February 1985. Copies of the narrative portion will be available by calling the Hotline. The entire document will be reprinted and available at NTIS. Contact Debbie Rutherford at (202) 475-6676 for additional information. 4. "The Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616)." EPA employees may obtain copies by calling the Legislative Library at (202) 382-5425. The public may contact the House Document Room at (202) 225-3456 for copies. 5. "Assessment of Incineration as a Treatment Method for Liquid Organic Hazardous Waste: Summary and Conclusions," U.S. EPA Office of Policy, Planning and Evaluation, March 1985. Copies are available at the Public Information Center by calling (202) 829-3535. 6. "Regulation of Underground Storage Tanks: RCRA Subtitle I Development Plan (Draft), "March 18, 1985. The Hotline will accept requests for this document. CERCLA 1. "Superfund Reauthorization Press Package," available by calling Tanya Meekins, U.S. EPA Office of Public Affairs, (202) 382-4377. ------- -7- [V.^HTlYSES OF QUESTIONS The Hotline responded to 5,121 questions and requests for documents in March. Of questions asked, the percentage of callers was: the Generators 23.6% State Agencies 7.9% Transporters 1.8% Consultants 29.9% TSDF's 14.8% Press 0.8% EPA HQ's 2.0% Trade Associations 1.6% EPA Regions 4.4% Citizens 4.8% Federal Agencies 4.0% Others 4.4% More calls were received from Region 3 than from any other Region. Breakdown by Region: 1 6.3% 3 22.0% 5 18.5% 7 3.9% 9 8.3% 2 13.8% 4 11.0% 6 8.6% 8 4.8% 10 '2.8% Canada <1% Rcy, Information 312 TSDF A-Scope/Applicability 94 I __PEation (3010) 66 B-General Facility Standards 29 tefinitions (260.10) 61 C-Preparedness Prevention 2 'etitions/Delisting (260.22) 44 D-Contingency Plans 9 lefinitions (261.2 & 3) 189 E-Mani fest/Recordkeeping/Reporti ng 18 .xclusions (261.4) 81 F-Groundwater Monitoring 38 imall Quantity Generator (261.5) 120 G-Closure/Post-Closure 53 tecycle/Reclaim (261.6) 149 H-Financial Requirements 83 :ontainer Residues (261.7) 25 I-Containers 33 Jaste ID (261 C&D) 407 J-Tanks 39 162 Generator Manifest Info 74 K-Surface Impoundments L-Waste Piles 36 4 Pre-transport 12 M-Land Treatment 6 Accumulation „ 58 N-Landfi11s 3D Recordkeeping & Reporting 29 O-Incinerators 19 International Shipments 12- P-Thermal Treatment 3 Z63 Transporter 49 Q-Chemical, Physical, Biological Treat. 6 270 B - Permit Application 61 R-Underground Injection 2 D - Chanqes to Permits 18 X-Miseellaneous Facility - F - Special Permits 2 Y-Experimental - G - Interim Status 43 266/267 175 271 State Programs 105 124 Oecision Making 5 CERCLA General 159 RCRA Reauthorization 874 Hazardous Substances/RQ 255 Liability/Enforcement 31 Hazardous Site/NPL/104 94 Other/Referrals 342 NCP 61 n^Minent Requests 693 Taxes/IRS 11 ------- -8- MARCH FEDERAL REGISTER NOTICES March 8, 1985 50 ra 9427 (D.C. final authorization) March 8, 1985 50 FR 9586 (Proposed CERCLA arbitra- tion procedures) March 8, 1985 50 FR 9593 (Proposed CERCLA natural resource claims) March 11, 1985 50 FR 9708 (Info collection requests to CMB) March 11, 1985 50 FR 9776 (Proposed oil discharge amendments) March 15, 1985 50 FR 10540 (Public briefing on HSWA's) March 19, 1985 50 FR 11068 (Proposed closure, p.c., financial amendnents) March 26, 1985 50 FR 11858 (HSWA effect on finalv authorization in Texas and Oklahoma) The L .strict of .olumbia receives cinal authorization for the RCRA progran, effective March 22, 1985. A proposed rule to establish and govern the procedures of the Board of Arbitrators for natural resource damage claims under CERCLA. Comments are due by May 7, 1985. A proposed rule to establish the procedures for filing, evaluating, and resolving natural resource damage claims under CERCLA. Comments are due by May 7, 1985. Notice of proposed information collection requests that have been forwarded to the CMB. A proposed rule to amend the discharge of oil to water regulation, known as the "sheen regulation" (40 CFR Part 110), which implements section 311 of the CWA. Cannents are due by May 10, 1985. Announcements of public briefincp on the Hazardous and Solid Waste Amendments of 1984. A proposed rule to anend closure and post- closure care (40 CFR 264 and 265 Subpart G) and financial responsibility (40 CFR 264 and 265 Subpart H) requirements applicable to owner/operators of hazardous waste treatment, storage and disposal facilities. Comments are due ty May 20, 1985. Clarification on the final authorization of Texas and Oklahorra with respect to the Hazardous and Solid Waste Amendments of 1984. ------- -9- Joyce Baker, Region III Library Cora Beebe, WH-562A Frank Biros, WH-527 George Bonina, WH-563 John Bosky, EPA - Kansas City, KS Eileen Claussen, WH-562 Henry Van Cleave, OOD/DLA Pat Cohn, WH-548D Mike Cook, WH-562 Peter Cook, WH-527 Alan Corson, WH-565 Elizabeth Cotsworth, WH-563 Hans Crump, WH-548 Truett DeGeare, WH-563 Steve Dorrler, EPA - Edison, NJ Barbara Elkus, WH-527 Tim Fields, WH-548 Elaine 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 Marc Jones, PM-220 Jim Jowett, 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 Tapio 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 Diane McCreary, Region III Library Jack McGraw, WH-562A Tony Montrone, WH-527 Sue Morel and (ASTSWMO) Sam Napolitano, PM-220 Christina Parker, WH-562 John Riley, WH-548B Clem Rastatter, WH-563 Dale Ruhter, WH-565 William Sanjour, WH-563 Mike Shannon, WH-563 Ken Shuster, WH-565 John Skinner, WH-562 Elaine Stanley, WH-548 Jack Stanton, WH-527 Bruce Weddle, WH-563 Russ Wyer, WH-548E Hazardous Waste Division Directors, Regions I-X Hazardous Waste Management Branch Chiefs, Regions I-X Regional Counsel, Regions I-X ------- |