*	\	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?

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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?

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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.

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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)?

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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

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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.

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[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

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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.

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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

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