UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
MW 21 BŪ
FCM3RANDUM
OFFICE OF
SOLID WASTE ANO EMERGENCY RESPONSE
SUBJECT: RCRA/Superfund Hotline States Report - April 1985
FROM:
Carolyn Barley, Project Officer
Office of Solid tfeste (382-2217)
Barbara Hostage, Project Officer
Office of Bnergency and Remedial Response (382-2198}

TO:
See addressees
I.	ACTIVITIES
A.	Ihe Hotline responded to 4,565 questions and requests for documents in
April*
B.	Cn April 12, Gordon Davidson and Ttm Gainer attended an OGW meeting
regarding the latest developments in implementing ground-water monitoring
systems.
C.	Cn April 12, members of the Hotline staff attended an 06W meeting on the
Hazardous and Solid Waste Anenckients.
D.	Bill Rasin attended an OSW meeting on April 19 concerning the Subtitle D
program.
E.	Matt Straus briefed the Hotline several times on complex solid waste
issues.
II.	SIGNIFICANT QUESTIONS AND RESOLVED ISSUES
A. RCRA
Groundwater Statistical Analysis
1. Ihe groundwater monitoring requirements in Subpart F of 40 CFR Part 264
and Part 265 require statistical comparisons between the initial upgradient
(background) concentrations and dewngradient concentrations of indicator
parameters and/or hazardous taste constituents. For permitted facilities,
5264.97(h) requires that such statistical analysis be done using a 0.05
level of significance, while 5265.93(b) requires that interim status
facilities perforin such statistical analysis using a 0.01 level of signifi-
cance. Vtiy is the level of significance used in the Student's t-test
(statistical analysis of ground-water data) in Subpart F of Part 265
different from that used in Part 264?

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The Agency changed the interim status Student's t-test level of significance
fran 0.05 to 0.01 in response to public carments received when the rule was
first proposed. This level of significance and its effect on the required
groundwater monitoring statistical analysis is discussed on pages 33195 -
33196 in the May 19, 1980, Federal Register (47 ra 32274) and on pages 32302
- 32304 in the July 26, 1982, Federal Register (47 FR 32274). The change to
a 0.01 level of significance made the interim status Student's t-test more
lenient which decreased the probability of "false positives." A false positive
indicates a statistically significant increase in an indicator parameter when
there is none. If am owner/operator does detect a statistically significant
increase, he must determine whether it is false positive by obtaining more
samples for analysis (§265.93(c)(2)). The Part 264 statistical analysis permit
standards, which are more stringent due to the higher level of significance
(0.05), also have a double-check resample procedure to determine if a false
positive occurred (§264.97(h)(1)(i) and (ii)).
Source: Theo Zeizig (202) 382-4496
Hazardous waste Determination
2. Methylene chloride is used as a reaction medium in a manufacturing process.
During the process, this median is contaminated. After removing the spent medium
from the process line, it is placed in containers for less than 90 days prior to
being reclaimed. After distillation, the reclaimed methylene chloride is returned
to the production unit. (A) Is methylene chloride that is used as a reaction
mediun also considered to be used as a solvent, thus making the spent medium
F002? (B) How is this methylene chloride regulated?
(A)	Methylene chloride used as a reaction mediun is considered to be used as
a solvent. Thus, in this scenario, methylene chloride is considered the
listed spent solvent F002. Subsequently, this F002 waste is subject to RCRA
hazardous waste regulations when it exits the production process unit.
(B)	Currently, listed hazardous wastes in §§261.31 or 261.32 and "sludges"
exhibiting a Subpart C characteristic are subject to §261.6(b) vrtrich puts
forth generator, transporter, and facility storage regulations prior to re-
cycling. The actual recycling activity is not regulated.
Pursuant to the new definition of solid waste (50 FR 614), listed hazardous
wastes and characteristic hazardous spent materials are considered solid and
hazardous wastes when reclaimed. The recycling activity is still not regulated
under the new definition of solid waste. In EPA regulated states, (i.e., non-
authorized states,) beginning July 5, 1985, spent solvents destined for recla-
mation are subject to §261.6(b) for generators and transporter standards and
§261.6(c) for facility storage standards.
In states with authorized RCRA prograns, the new solid waste definition and
respective recycling regulations will be applicable when the states incorp-
orate these changes into their programs in accordance with 40 CFR 271.21.
Source: Matt Straus (202) 475-8551

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Lab Sanple
3. A generator sends a sanple of waste to a laboratory to determine whether the
waste is hazardous under RCRA. One of the tests requires that the laboratory
add solvent to the sample. Does this action cause the laboratory to become a
generator of a listed solvent waste (due to the solvent they added), and how
should the laboratory send this contaminated sample back to the original generator?
S261.4(d) excludes lab samples 3010 notification under Section 3010 of RCRA,
Parts 262 through 267, Part 270, and Part 124 as long as certain storage and
transportation standards are net. The addition of hazardous chemicals (e.g.,
solvents) to the sample by the laboratory which are standard test procedures
is allowable and does not affect this exclusion. Hence, the lab is not regu-
lated as a generator of spent solvent. The laboratory may send the sample back
without manifest if other applicable transportation standards are followed per
S261.4(d) (i.e., DOT, USPS).
Source: Matt Straus (202) 475-8551
Land Disposal Ban
Section 201(d) of the RCRA amendments prohibits the land disposal of specified
wastes, including the "California Wastes," unless the Administrator determines
that the prohibition of one or more methods of land disposal of such wastes
would not be required to protect human health and the environment. This prohi-
bition goes into effect July 8, 1987. The latter part of this same section
states that it is up to interested persons to demonstrate to the Adninistrator
that land disposal of particular banned wastes would not pose a hazard. What
procedures must these interested parties follow in making such a determination?
The Agency is currently developing procedures for the submission of the
petitions to the Agency to demonstrate that land disposal of a waste is pro-
tective of human health and the envirorment. These procedures are scheduled
to be proposed in the Federal Register in Ncvanber of this year. EPA is
evaluating whether individuals may petition now for exemptions to the ban or
whether petitions will only be evaluated after the ban goes into effect. The
demonstration required in the petition must meet the standard specified in in
Section 201 of the RCRA onendnents, that is, "...to a reasonable degree of
certainty, that there will be no migration of hazardous constituents from the
disposal unit or injection zone for as long as the wastes remain hazardous."
In addition to proposing procedures for petitioning in November, EPA will
propose its methodology for developing treatment standards for wastes subject
to the land disposal ban. Uhder §201 (m), wastes treated in accordance with
these standards may be land disposed.
Source: Susan Brcran and Jim Bachnaier (202) 382-4804 and (202) 382-4679

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Groundwater Sample Analysis
5. 5264.97(h) describes the procedure required to determine whether concentration
limits have exceeded background levels during groundwater detection monitorirq
and compliance monitoring prograns. In this instance, the owner/operator (o/o)
is in a detection monitoring program and must canpare the levels of constituents
at the compliance point to the background values. These background values have
been determined to have sample coefficient of variations less than 1.00. The
o/o compares the constituent levels at the compliance point to the background
levels, as described in S264.97(h)(1)(i), and finds there is a significant
difference in the values for certain constituents. In order to statistically
substantiate these results, the o/o must repeat the same sampling and analysis
procedure with a new sample. Must this second analysis cover all the constituents,
or may the o/o limit the analysis to only those constituents which showed a
significant difference over background in the first sampling?
Since the objective of the second analysis is to confirm the first, the second
analysis need only cover those constituents which showed a significant
difference over background.
Source: Burnell Vincent (202) 382-4658
B. CERCIA
Department of Defense Sites
1. A February news magazine stated that approximately 450 Department of Defense
(DOD) installations have been identified as having unregulated hazardous waste
disposal sites. (A) How many DOD installations have been identified? (B) Who
conducted the study? (C) Will any action be taken under CERCLA in order to conduct
cleanup at any of these installations?
(A)	The Department of Defense prepares a semi-annual report as part of its
Installation Restoration Program. The last report prepared in December 1984,
stated that 473 DOD installations had been recognized as having potential
locations for cleanup activity because of the past disposal of hazardous
wastes.
A sunmary report can be obtained frcm Ccrmander Jack Dempsey, an environmental
policy officer for DOD, at (202) 695-7820; the report is titled "Department
of Defense, Installation Restoration Program Status Report."
(B)	DOD conducted the inventory identifying the 473 sites.
(C)	Presently, 39 sites on DOD land are proposed to be added to the NPL. All
these installations will be more extensively evaluated to determine what
type of hazardous waste cleanup activity, if any, need be conducted in the
future. Presently, Commander Jack Dempsey estimates that 50 additional sites
at DOD installations may be proposed for the NPL. Nate that under Section
111(e)(3) of CEFCLA, Superfund money cannot be used for remedial action at
federally owned facilities. The DOD/CERCLA budget for FY85 is approximately
$300 million.

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As for non-Department of Defense federal facilities, the inventory is still
being conducted to determine the sites potentially needing cleanup. Approxi-
mately 340 potential sites are currently under evaluation.
Source: LBe Herwig (202) 382-5908
Hazard Ranking System
2. Appendix A of the National Contingency Plan (40 CFR Part 300) contains the
"Uncontrolled Hazardous Waste Site Ranking System; A Users Manual." This guidance
manual is to be used in evaluating the relative potential of uncontrolled hazard-
ous waste sites to cause health, safety, or environmental problems. Appendix a
is divided into many sections, each providing detailed instructions and guidance
for rating a site. Specifically, Section 4.0 provides guidance for evaluating
contamination frcm a site via surface water. Within this section, Part 4.4
provides guidance for scoring based on the population served by surface water
with water intake within three miles downstream frcm the site. (A) What does
the term "intake" refer to? (B) If the surface water is only used for recrea-
tional activities (i.e., fishing), what score would be given for Fart 4.4?
(A)	The term "intake" refers to water taken in through a pipe or a functionally
similar device.
(B)	If the surface water is used only for recreational activities, no water
"intake" is involved. Therefore, the population served by surface water with
water intake within three miles downstrean frcm the site would receive a
score of 0.0 per part 4.4. Part 4.5, however, addresses recreational activi-
ties including fishing. Thus, Part 4.5 would receive a score of 2.0.
Source: Steve Caldwell (202) 382-4604

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IV. ANALYSES OF QUESTIONS
The Hotline responded to 4,565 questions and requests for documents in April. Of the
questions asked, the percentage of callers was:
Generators	24.8%		State Agencies	8.3%
Transporters	1.5%		Consultants	29.9%
TSDF' s	12.8%		Press	<1%
EPA HQ's	2.2%		Trade Associations	2.0%
EPA Regions	5.0%	Citizens	 4.5%^
Federal Agencies 4.4%		Others	3.0%
Local Agencies	1.2%	
More calls were received by Region 3 than frcm any other Region. Breakdown by Region:
1 ' 6.5%	3	24.6%	5 17.1%	 7 4.2%	9 7.8%
2 14.7% 4 10
.6%
6
7.9% 8 4.4%
10 1.9%
Canada <1%




RCRA


TSDF

General Information
210

A-Scope/Applicabi1i ty
104
Notification (3010)
139

B-General Facility Standards
20
Definitions (260.10)
54

C-Preparedness/Prevention
4
Petitions/Delisting (260.22)
25

D-Contingency Plans
7
Definitions (261.2 & 3)
128

E-Manifest/Recordkeepinq/Reporting 8
Exclusions (261.4)
113

F-Groundwater Monitoring
44
Shall Quantity Generator (261.5)155

G-Closure/Post-Closure
91
Recycle/Reclaim (261.6)
165

H-Financial Requirements
46
Container Residues (261.7)
32

I-Containers
37
Waste ID (261 C&D)
497

J-Tanks
54
262 Generator
Manifest Info
88

K-Surface Impoundments
L-Waste Piles
63
16
Pre-1 rein sport
16

M-Land Treatment
10
Accumulation
41

N-Landfills
48
Recordkeeping & Reporting
11

O-Incinerators
29
International Shipments
6

P-Thermal Treatment
3
263 Transporter
40

O-Chemical, Physical, Biological Treat. 8
270 B - Permit Application
58

R-Underground Injection
1
D - Changes to Permits
18

X-Misc. Facility
0
F - Special Permits
5

Y-Exper imenta1
0
G - Interim Status
46

266/267
115
271 State Programs
70



124 Decision Making
20

CERCLA General
172
Liability/Enforcement
57

Hazardous Substances/RQ
Hazardous Site/NPL/104
207
107
Other/Referrals
263

NCP
61
Document Requests
1050

Tax/IRS
4
RCRA Reauthorization
1301

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IV. PUBLICATIONS
RCRA
"Report on the Incineration of Liquid Hazardous Wastes" by the Environmental
Effects, Transport and Fate Ccrmittee, Science Advisory Board. April 1985.
The contact for this publication is Cheryl Bently at (202) 382-2552.
"National Shall Quantity Hazardous Waste Generator Survey," February 1985.
This document is new available through NTIS at (703) 487-4650; the order
number is PB-85-180 438 ($16.00).
"RCRA Implementation Pi an," April 1985. This document is available from
Denise Hawkins, (202) 382-2231.
"Toxicity Characteristics Leaching Procedure, Organic and Inorganic Carpounds."
Available fran Agnes Ortez at (202) 382-4770.
"Revised National Permits Strategy," April 9, 1985. The Hotline will take
requests.
"Underground Injection Report to Congress." The Hotline will take requests.
"Delisting Guidance Document." This document is available fran NTIS, (703)
487-4650. The order number is PB 85-194 488 ($19.00).
"Enforcement Guidance For a Constrained Insurance Market." The Hotline
will take requests.
"Cements on the Statutory Interpretive Guidance - Treatment of Bulk
Hazardous Wastes." The Hotline will take requests.
"Highlights of the Hazardous and Solid Waste Amendments of 1984, The New
RCRA Requirements," April 1985, EPA/530-SW-008. The Hotline will take
requests.
"Leaking Underground Storage Tanks, The New RCRA Requirements," April 1985,
530/SW-85-009. The Hotline will take requests.
"Corposition and Management of Used Oil Generated in the U.S." This document
is now available frcm NTIS, (703) 487-4650. The order number is FB-85-180-
297 ($16.00).
CERCIA
"CERCLAs Getting Into the Act," Contracting and Subcontracting Opportunities
in the Superfund Program. The document is available fran Camille Lee
(202) 382-7906.
"Preparation of Decision Documents for Approving Fund-Financed and Potentially
Responsible Party Remedial Actions Under CERCLA." Copies of this document
are available fran the CERCIA Docket. Contact Denise Sines at (202) 382-3046.

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V. Federal Register Notices
Open Comment Period:
March 19* 1985: 50 FR	A proposed rule to amend a closure and
11068 (proposed closure,	post-closure care (40 CFR 264 and 265
p.c., financial amendments)	Subpart G) and financial responsibility
(40 CFR 264 and 265 Subpart H) requirements
applicable to o/o of hazardous waste
treatment, storage, and disposal facilities.
Garments are due by May 20, 1985.
April Federal Register Notices;
April 3, 1985: 50 TO 13253
(comment period extension
for phase I location stand-
ards)
April 4, 1985: 50 ra 13456
(final rule on Reportable
Quantities)
April 4, 1985: 50 FR 13514
(proposed changes to
Reportable Quantity adjust-
ments)
April 9, 1985: 50 FR 14076
(proposed guidelines for
paper procurement)
The public comment period for the "Permit
Writer's Guidance Manual for Location of
Hazardous Waste land Storage and Disposal
Facilities - Phase I, Criteria for Loca-
tion Acceptability and Existing Applicable
Regulations," is extended to June 7, 1985.
A final rule on Reportable Quantity adjust- ,
ments for hazardous substances under S102 of
CERCLA. The effective date is July 3, 1985.
A proposed rule to adjust additional Reportable!
Quantities, with the intention of reducing the
burdens of reporting on the regulated caimunity
and to allow EPA to focus its resources and
protect public health and welfare and the
environment more effectively. Carments are
due by June 3, 1985.
Proposed guidelines for federal procurement of
paper and paper products containing recovered
materials. Carments are due by June 9, 1985.
April 10, 1985: 50 FR 14115	In Update #3, 26 sites are proposed to be added
(Update #3 to the NPL)	to the NPL. The Landsdown Radiation site is
the first to be proposed on the basis of a
Health Advisory. Cements on this site are
due by May 10, 1985. All other comments are
due by June 10, 1985.
April 11, 1985: 50 EĢ 14216
(technical corrections to
the definition of Solid
Waste)
Technical corrections to the January 4, 1985
final definition of Solid Waste. These correc-
tions clarify compliance dates, notification
requirements, and permit application require-
ments. The effective date is April 11, 1985.

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April 16, 1985: 50 FR 14986
(extension of ccnment period
for the Interim CERCLA Settle-
ment Policy)
April 16, 1985: 50 FR 14945
(correction of an error made in
the notice on the final authori-
zation of Arizona)
April 23, 1985: 50 FR 16044
(final rule on interim status
regulations for surface ira-
poundnents, land treatment
units, and landfills.)
April 25, 1985: 50 FR 16432
(proposal to list two wastes
generated during the
Induction of methyl branide)
April 30, 1985: 50 FR 18370
(final rule requiring the use
of the paint filter test for
free liquids)
April 30, 1985: 50 FR 18378
(proposal to redefine the
universe of solvents con-
sidered hazardous waste)
The cement period for the Interim CERCLA
Settlement Policy is extended by 30 days
making the due date Nay 8, 1985.
The notice for the tentative determination
on Arizona's application for final authori-
zation is corrected to show public hearings
in Phoenix on April 8 and in Tucson on
April 19, 1985. The due date for carments is
also changed to April 19.
A final rule amending interim status regulations
for hazardous waste surface impoundments, land
treatment units, and landfills (40 CFR Part 265,
Subparts K, M, 6 N, respectively) to provide
consistency with the requiranents in 40 CFR
Part 264.
A proposal to list wastewater from the reactor
and acid drier frcm the production of methyl
branide and spent adsorbent and wastewater
separator solids frcm the production of
methyl branide as K131 and K132 respectively;
caranents are due by June 10, 1985.
A final rule which requires that the paint
filter test be used to determine the
absence or presence of free liquids in either
containerized or bulk waste. The effective
date is June 14, 1985.
A proposal to intend the list of solvents in
S261.31 by deleting F002 through F005 and to
include all solvents formerly listed (includ-
ing mixtures of these solvents) as F001.
Comments are due by May 30, 1985.

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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 Qaussen, WH-562
Henry Van Cleave, DOD/DLA
Pat Cohn, WH-548D
Mike Cook, WH-562
Peter Cook, WH-527
Alan Corson, WH-565
Elizabeth Ootsvrorth, WH-563
Hans Crimp, WH-548
Truett DeGeare, WH-563
Steve Dorrler, EPA - Etfison, 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 Kooyocmjian, WH-548B
Mike Rosakowski, WH-527
Jerry Kotas, WH-527
Walter Kovalick, WH548
Donald Kraft, WH-548D
Tapio Kuusinen, FM-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
Tbny Montrone, WH-527
Sue fforeland (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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