3 DAYS ONLY
EPA530-R-92-0146
PB92-922 405
,. i
rS*- V i
MONTHLY HOTLINE REPORTCECEMfD
May 1992 j
; -JUL 1 3 19921
RCRA/SF/OUST and i
Emergency Planning and Community Right-to-Kwfflw^i^^LHKOTECTiu
MGENCY
Hotline Questions and Answers
Resource Conservation and Recovery Act (RCRA)
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA)
Emergency Planning and Comnur.fy Rbht-'.o-Kncw A^t
2
3
New Publications
Resource Conservation and Recovery Act (RCRA) 5
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) 5
Emergency Planning and Community Right-to-Know Act 6
Other 7
Federal Registers
Final Rules 8
Proposed Rules 9
Notices 9
Call Analyses
Calls Answered 15
Caller Profiles 17
Hotline Topics 20
RCRA/SF/OUST Hotline
National Toll Free No.: 800-424-9346
Emergency Planning and Community
Right-to-Know Hotline
National Toll Free No.: 800-535-0202
This report is prepared and submitted in support of Contract No. 68-WO-0039.
EPA Project Officer:
Barbara Roth. (202) 260-2858
U.S. Environmental Protection Agency
Washington, DC 20460
Printed on
Recycled Paper
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HOTLINE QUESTIONS AND ANSWERS
RCRA
1. Lead Used as Shielding in Low-Level
Radioactive Waste Disposal
' generator of low-level radioactive waste
places the vwiszc in lead or lead-lined
containers. These containers, used to dispose
of radioactive waste, also serve as shielding.
Would the containers, once disposed of in a
landfill, be regulated as a mixed waste under
both RCRA (because the containers exhibit the
toxicity characteristic for lead) and the Atomic
Energy Act (because they contain radioactive
waste)?
No, the containers or container liners would
not be regulated as a mixed waste if their
primary use is for shielding in disposal
operations. Because the containers would be
fulfilling their intended use and thus would not
be considered discarded under RCRA, they do
not meet the definition of a solid waste (40
CFR §261.2(c)(l)(ii)). Since the containers
would not meet the definition of solid waste,
they would not meet the definition of
hazardous waste. A1987 internal Agency
memorandum states, "[i]n this instance,
containers or liners may be analogous to
commercial chemical products (e.g., pesticides)
where as a product, their normal use is
placement on the land. Therefore, lead whose
primary use is shielding in low-level waste
disposal operations is not subject to Federal
hazardous waste regulations when placed on
the land as pan of its normal commercial use."
In this example, the containers are not subject
to RCRA and are not regulated as mixed waste.
The radioactive waste would, however, be
subject to any applicable Atomic Energy Act
regulations.
EPA notes, however, that "...lead containers
and liners may be equally hazardous to human
health and th; environment whor- placed in the
ground independent of [the] legal classification
as a waste or container. Therefore, EPA
recommends that all lead containers and lead
liners be managed in an environmentally safe
manner (e.g., managed in a permitted hazardous
waste facility or treated such that it no longer
exhibits its characteristic)" (OSWER Directive
9432.00-2; October 4, 1989).
2. Secondary Materials Used as
Effective Substitutes for Commercial
Products
Section 2612(e)(l) excludes certain
recycled secondary materials from the
definition of solid waste. Section 2612(e)(l )(ii)
excludes materials which are recycled by being
used or reused as effective substitutes for
commercial products. Can a material that must
be reclaimed prior to use or reuse as an
effective substitute for a commercial product
qualify for the exclusion in §2612(e)(l)(ii)?
No, this exclusion applies only to materials
which are used or reused without prior
reclamation. The January 4,1985, Federal
Register (50 EE 619) discusses this exclusion
and states that "[w]hen secondary materials are
directly used as substitutes for commercial
products...these materials are functioning as
raw materials...and, thus, are not wastes." A
material that must be reclaimed prior to use (or
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Hotline Questions, and Answers
May 1992
reuse) as an effective substitute for a
commercial product is not being directly used
(or reused), and so would not qualify for this
exclusion.
CERCLA
3. Removal Activities Considered in
HRS Scoring
Pan of a site has been cleaned up prior to
the calculation of a Hazard Ranking System
(HRS) scor?.. IV" *h£ co'^wi'-Tn'.-™ 'hat was
removed be elimii-.^edft^ti .;*,iMijn in the
HRS calculation?
The HRS, which evaluates threats to
human health and the environment from
hazardous waste sites, is the principal
mechanism for placing uncontrolled hazardous
waste sites on the National Priorities List
(NPL). In certain circumstances it is possible
for contamination that has been removed prior
to HRS scoring to be excluded from the
calculation.
The original HRS (47 £R 31180; July 16,
1982) based the evaluation of scoring factors
on initial site conditions that existed prior to
any response. Pursuant to SARA §105(c),
EPA proposed to revise the HRS methodology
(53 £E 51962; December 23,1988). In the
revised HRS, which was finalized on
December 14,1990 (55 EB. 51532), EPA
changed its policy to allow calculation of waste
quantities to be based on current conditions.
Reductions in quantity of waste through timely
removal actions are now considered in the
calculation of the HRS score. The Agency
believes that when implemented correctly,
consideration of removal actions in HRS
scoring is likely to increase incentives for
rapid, early action by responsible parties.
Early cleanup actions reduce risks to the public
and allow for more cost-effective expenditure
of the fund.
A response action must meet three criteria
to be considered a "qualifying removal" for
HRS purposes: (1) wastes must have been
physically removed from the site; (2) those
wastes must be disposed of or destroyed at a
facility permitted under RCRA, TSCA, or the
NRC; and (3) the removal action must have
occurred prior to the cutoff date applicable to
the site (which corresponds to the start of the
site inspection at the site). The first criterion,
physical removal, is required to ensure that the
effects of responses not reducing waste
quantities (such io pvoviding alternate 5
water supplies or relocating citizens) i-:c not
considered in calculating an HRS score (55 FR
51568). In such cases, EPA believes the initial
contamination should be considered in scoring
sites, so the HRS score will reflect remaining
impacts. The second criterion, disposal in an
appropriate facility, ensures that wastes and
their associated risks are not simply moved
from one uncontrolled location to another. The
criterion pertaining to the timing of the action
ensures that EPA does not have to recalculate
site scores continually to reflect removal
actions. To do so would be unduly
burdensome, and would disrupt the site
assessment process.
In calculating HRS scores, EPA will only
consider qualifying removal actions conducted
prior to the start of a site inspection (SI). The
SI start date is also referred to as the cut-off
date applicable to the site. Because of the
difference in site assessment activities for
different types of sites (e.g., EPA-lead, State-
lead, Federal facilities), criteria for determining
the appropriate cut-off date differ among sites.
For Federal facility sites, the cut-off date is 18
months after the site is placed on the Federal
Facilities Docket For non-Federal facility
sites, the Agency historically has not tracked SI
dates, so the SI cut-off date may be determined
by several analogous events. Generally, the SI
cutoff date for non-Federal facility sites is the
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May 1992
Hotline Questions and Answers
date that the workplan development for the first
SI began. The Agency now tracks SI start dates
in CERCLIS; thus the SI start date entered in
CERCLIS will be used with increasing
frequency in the future.
For sites with multiple Sis, the SI cut-off
date is keyed to the first SI; however, EPA may
establish a later cut-off date under certain
circumstances. For example, if a wholesale
change in site sampling strategy occurs,
considering removals is unlikely to disrupt the
site assess:!;',. process. EP.- uiay g'so
consider establishing a later cut-off date if the
SI process lasts for more than four years.
Follow-up sampling conducted to gather
information for the revised HRS should not be
used to determine a new cutoff date, even if
more than four years have elapsed, because the
bulk of the sampling generally will have been
conducted previously.
For more detailed information on this
policy and examples of qualifying removals,
consult OSWER Directive 9345.1-03FS: The
Revised Hazard Ranking System: Evaluating
Sites After Waste Removals. October 1991
(available from NTIS: PB92-963 326).
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
4. Packaging of a Toxic Chemical
A facility receives a shipment of five-gallon
cans of paint containing a listed toxic chemical.
The facility breaks up the shipment into
separate five-gallon cans and packages each
can in a box with a paint brush for sale. Is the
toxic chemical "repackaged" and thus
"processed" for purposes ofEPCRA §313?
No. "Repackaging" refers to the act of
removing a toxic chemical from one container
and placing it in another. Simply repackaging a
container that contains a toxic chemical does
not constitute "processing" of that toxic
chemical under EPCRA §313.
5. "Consumer Product Exemption"
Applied to §§311 and 312
Pennsylvania restricts the use of a product
that is packaged for distribution and use by
the general public by requiring users within
the State to obtain a license. This product
requires a material safety data sheet under
OSHA, and thus may be subject to tb"-.
reporting requirements of the Emergency
Planning and Community Right-to-Know Act,
EPCRA §§311 and 312. Does this product
meet the consumer product exemption under
the definition of hazardous chemical, which is
"...any substance to the extent it is used for
personal, family, or household purposes, or is
present in the same form and concentration as
a product packaged for distribution and use
by the general public" (40 CFR §370.2)?
Any substance that is in the same form and
concentration as a product packaged for
distribution and use by the general public is
exempt from the definition of hazardous
chemical and is not reportable under EPCRA
§§311 and 312. This exception to the
definition of hazardous chemical under
EPCRA has been referred to as the "consumer
product exemption." If a license is required
for use of a product, it may not be considered
a consumer product In this case, the
determining factor is accessibility of the
product to the general public. If any private
citizen can obtain a license for use of the
product, then it is considered a consumer
product If some private citizens cannot
obtain the license, then the use of the product
is limited to facilities that can obtain the
license; thus the product does not meet the
consumer product exemption. If the restricted
product is present at a facility above the
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Hotline Questions and Answers May 19.
applicable reporting threshold, then it is
reportable under EPCRA §§311 and 312.
Reporting on this product may vary from State
to State depending on the requirements and
limitations in obtaining a license for use.
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I
NEW PUBLICATIONS
HOW TO ORDER
NTIS Publications are available by calling (703) 487-4650, or writing NTIS, 5285 Port Royal Road, Springfield,
VA 22161. Be sure to include the NTIS Order Number listed under the document.
Hotline Publications are available through the RCRA/Superfund/OUST Hotline by calling a Document
Specialist at 1-800-424-9346. Be sure to include the EPA Order Number (if any) listed under the document.
RCRA
TITLE: "EPA Fact Sheet: EPA Proposed
Revised Hazardous Waste Identification Rule"
AVAILABILITY: RCRA/SF/OUST Hotline
EPA ORDER NO.: 530-F-92-008
This fact sheet summarizes the proposed
Hazardous Waste Identification Rule (HWIR),
which would amend the definition of hazardous
waste by either establishing concentration-
based exemption levels for some hazardous
constituents found in certain wastes, or by
expanding the number of hazardous
constituents listed under the toxicity
characteristic. The first approach is known as
the Concentration-Based Exclusion Criteria, or
CBEC. The second approach is known as the
Expanded Characteristic Option, or ECHO.
CERCLA
TITLE: "Characterization Protocol for
Radioactive Contaminated Soils"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB92-963 354
This fact sheet presents the soil characterization
process applicable in the RI/FS stages of the
Superfund process to support the development
of technologies for on-site volume reduction
of radioactive soils by physical separation
technologies.
TITLE: "Focusing on the Nation at Large
(NPL National Book)"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB92-963 252
This document summarizes the progress made
in the cleanup of sites on the National
Priorities List (NPL). It also provides a State-
by-State summary of 422 improved sites. This
national book is supplemented by the
individual State books which contain detailed
information on all 1,245 Superfund NPL sites.
TITLE: "Guide to Management of
Investigation-Derived Wastes"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB92-963 353
This fact sheet presents an overview of
possible investigation-derived waste
management options, discusses the
protectiveness requirements and ARARs
associated with these options, and outlines
general objectives established for
investigation-derived waste.
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New Publications
May 1992
CERCLA
TITLE: "Summary of Treatment Technology
Effectiveness for Contaminated Soil"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB92-963351
This document presents the results of a study
conducted by the Office of Emergency and
Remedial Response (OERR) in which it
collected soil treatment data and analyzed the
effectiveness of treatment technologies on
contaminant treatab"^--
TITLE: "Correction of FY 92 Superfund
Program Management Manual Definitions"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB92-963 266
This directive corrects the "Definition of
Accomplishment" for Remedial Design and
Remedial Action completions as defined in the
FY 92 Superfund Program Management
Manual. A site construction activity has been
added in response to the program's emphasis
on construction completions.
TITLE: "Regional Quality Control Guidance
for NPL Candidate Sites"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB92-963 352
This guidance manual provides recommended
procedures for a Regional Quality Control
(QC) program for the evaluation of Hazard
Ranking System (HRS) packages. It is
intended primarily for use by EPA Regional
offices and will help standardize Regional QC
review and improve HRS package quality.
The document should complement other
guidances for conducting Preliminary
Assessments and Site Investigations, and
applying the HRS.
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT
TITLE: "Managing Chemicals Safely:
Putting It All Together"
AVAILABILITY: Emergency Planning and
Community Right-to- Know Act Hotline
EPA ORDER NO.: EPA-510-K-92-001
This booklet promotes the advantages of
chemical safety management in the business
community, encourages the creation and
and offers a bibliography of reference
materials.
TITLE: "1990 Toxics Release Inventory:
State Fact Sheets"
AVAILABILITY: Emergency Planning and
Community Right-to-Know Act Hotline
EPA ORDER NO.: EPA-700-S-92-003
Under §313, certain manufacturers must report
on the transfer and release of toxic chemicals
and chemical compounds to EPA. These fact
sheets provide a State-by-State list of the top
10 releasers of toxic chemicals in each State.
TITLE: "1990 Toxics Release Inventory:
Public Data Release"
AVAILABILITY: Emergency Planning and
Community Right-to-Know Act Hotline
EPA ORDER NO.: EPA-700-S-92-002
This document provides an overview of the
transfer and release of toxic chemicals from
facilities into the air, water, and land. The
information is indexed by State, chemical,
industry, and year.
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May 1992
New Publications
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
TITLE: "Title HI on Indian Lands: A
Guidance to the Emergency Planning and
Community Right-to-Know Act"
AVAILABILITY: Emergency Planning and
Community Right-to-Know Act Hotline
EPA ORDER NO.: OSWER 92-009
This publication discusses the regulations
under SARA Title in as they pertain to Indian
lands Topics discussed in the booklet include
Tribal LEPCs, trade secrets, available
resources, and community involvement.
TITLE: "Opportunities and Challenges for
Local Emergency Planning Committees:
Federal Laws and Technical Assistance"
AVAILABILITY: Emergency Planning and
Community Right-to-Know Act Hotline
EPA ORDER NO.: Technical Assistance
Bulletin, Volume 10, Number 1
Since the designation of Local Emergency
Planning Committees (LEPCs) under the
Emergency Planning & Community Right-to-
Know Act, these organizations have concen-
trated most of their efforts on planning for and
preventing chemical accidents. This Technical
Assistance Bulletin offers guidance to the
LEPCs concerning several laws and proposed
regulations which may influence their work.
TITLE: "Toxic Chemical Release Inventory
Reporting Form R and Instructions: Revised
1991 Version"
AVAILABILITY: Emergency Planning and
Community Right-to-Know Act Hotline
EPA ORDER NO.: EPA-700-K-92-002
This revised version of the Form R required
under §313 replaces all previous versions for
the 1991 reporting year and must be submitted
by September 1,1992. The instructions pro-
vide the additions and deletions to the Toxic
Chemical List, the changes in the d£ minimis
exemption, and general guidance in filling out
the form.
OTHER
TITLE: "Monthly Hotline Report"
AVAILABILITY: NTIS
NTIS ORDER NO.: See below
Yearly Su... Iption
January 1992
February 1992
March 1992
April 1992
May 1992
530-R-92-014
PB92-922401
530-R-92-014a
PB92-922 402
530-R-92-014b
PB92-922 403
530-R-92-014c
PB 92-922 404
530-R-92-014d
PB 92-922 405
530-R-92-014e
The reports contain questions that required
EPA resolution or were frequently asked,
publications availability, Federal Register
summaries, and Hotline call statistics.
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FEDERAL REGISTERS
FINAL RULES
RCRA
"North Dakota: Final Approval of
Corrective Action Program"
May 4,1992 (£> fgi ^£3)
EPA granted final authorization, subject to
public review and comment, for North Dakota's
corrective action program. This action is effective
July 6,1992, unless EPA publishes a prior notice
withdrawing this final rule. Comments will be
accepted through June 3,1992.
"Georgia: Final Authorization of State
Hazardous Waste Program"
May 11,1992 (57 F_B 20055)
EPA granted the State of Georgia final
authorization of revisions to its hazardous waste
program under RCRA. Final authorization for
Georgia will be effective July 10,1992, unless EPA
publishes a prior Federal Register action
withdrawing this immediate final rule.
"Mississippi: Final Authorization of State
Hazardous Waste Program"
May 11,1992 (57 EB 20056)
EPA granted the State of Mississippi final
authorization for revisions to its hazardous waste
program under RCRA. This action is effective July
10,1992, unless EPA publishes a prior Federal
Register action withdrawing this immediate final
rule.
"Alabama: Final Authorization of State
Hazardous Waste Program"
May 13,1992 (57 EB 20422)
EPA granted the State of Alabama final
authorization for revisions to its hazardous waste
program under RCRA. Final authorization for
Alabama will be effective July 12,1992, uiile»L
EPA publishes a prior Federal Register action
withdrawing this immediate final rule.
"Utah: Final Authorization of State
Hazardous Waste Program"
May 15,1992 (57 EB 20770)
EPA granted Utah's application for final RCRA
authorization. This action is effective July 14,1992,
unless EPA publishes a prior Federal Register
action withdrawing this immediate final rule.
"Florida: Final Authorization of State
Hazardous Waste Program"
May 20,1992 (57 EB 21351)
EPA granted the State of Florida final authorization
for revisions to its hazardous waste program under
RCRA. Final authorization for Florida will be
effective July 20,1992, unless EPA publishes a
prior Federal Register action withdrawing this
immediate final rule.
Copies of RCRA Federal Registers are available through the Hotline by calling a Document Specialist at
1-800-424-9346.
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May 1992
Federal Registers
"Used Oil Final Rule-
May 20,1992 (57 EB 21524)
EPA announced its decision not to list used oil
destined for disposal as hazardous waste based on
the finding that an used oil do not typically and
frequently meet the technical criteria for listing a
waste as hazardous under RCRA. EPA is
promulgating a modification to the current
exclusions from the definition of hazardous waste in
40 CFR §261.4(bX15) to provide an exemption for
certain types of wsed oil filters. The Agency also
announced its de:err?l of a decision on w< rsher or
not to list residuals from the reprocessing and re-
refining of used oil at this time. The Agency is not
taking final action, at this time, on a listing
determination or management standards for used oil
that is recycled This mle is effective June 19,1991
PROPOSED RULES
RCRA
"Proposed Hazardous Waste Identification
Rule"
May 20,1992 (57 EB 21450)
This rule proposed amendments to RCRA
regulations for hazardous waste identification. The
Agency presented two options. The first would
establish Concentration-Based Exclusion Criteria
(CBEQ or exemption levels for constituents found
in certain wastes. The second option would expand
the number of hazardous constituents listed under
the toxkity characteristic and is referred to as the
Expanded Characteristic Option, or ECHO.
Comments will be accepted untfl July 29,1991
CERCLA
"OSWER Procedures for Contract
Laboratory Program investigations"
May 20,1992 (57 EB 21576)
EPA proposed procedures for the Office of Solid
Waste and Emergency Response (OSWER) to deal
consistently with contract laboratory program (CLP)
laboratories under investigation for fraud.
Comments will be accepted until June 19,1992.
"KQ ££l|ustments for Lead Metal, Lead
Compounds, Lead-Containing Hazardous
Waste, and Methyl teocyanate"
May 8,1992 (57 EB 20014)
EPA is proposing to adjust to 10 pounds the
reportable quantities (RQs) for lead metal, 13 lead
compounds, 15 waste streams listed under RCRA
that contain lead, and RCRA characteristic wastes
that fail the TCLP based on their lead constituents. In
addition, EPA is proposing to adjust the RQ for
methyl isccyanate to 100 pounds. Comments will be
accepted until July 7,1991
NOTICES
RCRA
"California: Tentative Determination on
Application for Final RCRA Authorization"
May 1,1992 (57 EB 18827)
This notice announces EPA's intention to grant
final RCRA authorization to California subject to the
authority retained by EPA under HSWA. A public
hearing wffl be held on June 3,1991 Comments will
be accepted until June 1,1991 EPA expects to make
a final decision on whether to approve California's
program by July 30,1991
Copies of RCRA Federal Registers are available through the Hotline by calling a Document Specialist at
1-800-424-9346.
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Federal Registers
May 1992
NOTICES
.?ti-t"»
"Additional information Received on EPA's
Proposed Method 9096: Liquids Release
Test(LRT)"
May1,1992(57EB18853)
This notice requests additional comments on an
October 29, 1991. Federal Register (56 FR 55646)
regarding use of the revised liquids release test
(LRT) for sorted liquids to implement RCRA
§3004{c)(2). EPA specifically needs more
-ivi-fino- |V"» use of the Paint Filter
io-Jcicrniii.-e ?^tptability of all sorbed
hazardous wastes for landfilling, and on allowing
alternative test devices. Comments will be accepted
until June 1,1992.
"Approval of Petition for Exemption from
Land Disposal Restrictions for Texas
Ecologists, Inc., Robstown, Texas"
May 5, 1992 (57 EB 19295)
EPA granted an exemption from the ban on
hazardous waste disposal through injection wells for
Texas Ecologists, Inc., at its Robstown, Texas,
facility. After comprehensive review of all
materials submitted, EPA determined that there is a
reasonable degree of certainty that there will be no
migration of hazardous constituents from the
injection zone for as long as the waste remains
hazardous. The exemption was effective April 28,
1992.
"Coke Oven Batteries Advisory Committee
Meetings"
May 5, 1992 (57 EB 19295)
The National Emission Standards for Coke
Oven Batteries Advisory Committee met in
Washington, DC, on May 21-22.
"Consent Decree: United States v. Northway
Industries. Inc. & Mark T. Wayne"
May 7,1992 (57 EB 19645)
The proposed Consent Decree in United States v.
Northway Industries. Inc.. & Mark T. Wayne was
lodged with the U.S. District Court for the Eastern
District of Michigan on April 29,1992. The Consent
Decree requires the payment of a civil penalty
pursuant to violations of RCRA standards for
generators of hazardous wastes. Comments will be
accepted for ?. period of 30 days.
"Affirmation of Immediate Final Rule"
May 8,1992 (57 FR 19807)
This notice responds to comments received on
the immediate final rule published April 17,1991 (56
FR 15503), and affirms the Agency's decision to
authorize South Dakota's revised program.
"Approval of LDR Case-by-Case
Applications"
May 11,1992 (57 FB 20109)
EPA approved an extension of the May 8,1992,
effective date of LDR as applicable to D009 and
K106 wastes generated at the following six facilities:
BF Goodrich Company, Calvert City, Kentucky,
Olin Corporation, Augusta, Georgia, and Charles,
Tennessee; PPG Industries, Lake Charles, Louisiana,
and New Martinsville, West Virginia; and Vulcan
Chemicals, Port Edwards, Wisconsin. These six
facilities can continue to treat, store, or dispose of
their D009 and K106 wastes until May 8,1993, using
current practices and without being subject to LDR
with respect to such wastes. This notice is effective
May 8,1992.
Copies of RCRA Federal Registers are available through the Hotline by calling a Document Specialist at
1-800-424-9346.
10
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May 1992
Federal Registers
NOTICES
"Notification Concerning the Basel
Convention's Potential Implications for
Hazardous Waste Exports and Imports"
May 13,1992 (57 FR 20602)
On May 5,1992, the Basel Convention on the
Control of Transboundary Movements of Hazardous
Wastes and their Disposal (Basel Convention) enters
into force for die first 20 countries that have ratified
it The United States has not yet ratified the Basel
Convention; therefore, U.S. requirements regarding
imports and exports of hazardous waste remain
unchanged
"Extension of Comment Period for a
Proposal to Grant a Variance from LDR to
Exxon"
May 14,1992 (57 FR 20683)
EPA extended the comment period on the
proposed no-migration variance decision for Exxon
Company, U.S.A., Billings, Montana, which
appeared in the Federal Register on March 26,1992
(57 EE 10478). This extension is provided to allow
commenters an opportunity to finalize their review
efforts and responses to the Agency's proposed
decision. Comments will be accepted until June 10,
1992.
"Approval of LDR Hazardous Debris Case-
by-Case Capacity Variance"
May 15,1992 (57 EB 20766)
In response to the January 9,1992, proposed
rule on LDR for newly listed wastes and hazardous
debris (57 ER 958), EPA received numerous
comments regarding the availability of treatment
capacity for hazardous debris. Most of the
commenters indicated that it will be extremely
difficult if not impossible to meet the proposed
standards for hazardous debris, or the existing
standards by May 8,1992, when the national
capacity variance for most debris expires.
Copies ofRCRA Federal Registers are available through the Hotline by calling a Document Specialist at
1-800-424-9346.
Under 40 OFR §268.5, EPA therefore approved a
generic, one-year extension of the LDR effective
date applicable to all persons managing hazardous
debris. This rule became effective on May 8,1992.
"Consent Decree: United States v. Grand
Bianc Landfill. Inc."
May 20,1992 (57 EB 21431)
A proposed Consent Decree in United States v.
G.-and Blanc Landfill. Inc., ^as lodged with the U.S.
District Court for the Eastern District of Michigan on
May 1,1992. The Consent Decree resolves claims
that die defendant violated RCRA and various
requirements of the interim status regulations for
hazardous wastes disposal facilities. Comments will
be accepted for 30 days.
"Proposed Decision on DOEs Mixed Waste
Extension from LDR Application"
May 26,1992 (57 EB 22024)
EPA proposed to approve the Department of
Energy's (DOEs) one-year, case-by-case extension
of the May 8,1992, effective date of LDR as
applicable to Third Third mixed radioactive/
hazardous waste generated or stored at 31 of its
facilities. EPA found that, for the mixed wastes
addressed in the application, DOE has made all but
one of the demonstrations required for such an
extension. EPA is considering and seeking
comment at this time on approaches through which
DOE might be able to address the remaining
demonstration. Comments will be accepted until
July 27,1991
11
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Federal Registers
May 1992
NOTICES
"California: Tentative Determination for
Final Authorization of State Hazardous
Waste Program"
May 27,1992 (57 EB 22203)
EPA extended the public comment period for
comments on California's application for final
authorization. A Federal Register published on
May 1,1992, announced a tentative determination
oil California's hazardous waste program, and
announced a hearing date on June 3,1992. The
hearing has been rescheduled to June 15,1992, to
allow additional opportunity for public comment.
Comments will be accepted until the close of
business June 15,1992.
CERCLA
"ATSDR: Surveillance of Hazardous
Substance Emergency Events"
May 1,1992 (57 EB 18881)
The Agency for Toxic Substances and Disease
Registry (ATSDR) announced that cooperative
agreement applications would be accepted to
conduct surveillance of hazardous substance
emergency events. The primary purpose of this
cooperative agreement program is to assist State
health departments in developing State-based
surveillance system events. Applications must be
submitted by June 5,1992.
"ATSDR Correction"
May 4,1992 (57 EB 19163)
This notice corrects typographical errors in an
ATSDR Federal Register notice on March 17,1992
(57 EB 9259).
"Consent Decree: United States v. Allied-
Signal. Co.. et al."
May 5,1992(57 EB19309)
The proposed Consent Decree in United States v.
Allied-Signal Co.. et al.. was lodged with the U.S.
District Court for the District of South Carolina on
April 15,1992. This action resolves a judicial
enforcement action brought by the United States
pursuant to §§ 106 and 1C7 of CERCLA. Comments
were accepted through April 4,1992.
"ATSDR: Development and Implementation
of Environmental Health Courses for Health
Professionals"
May 6,1992 (57 EB 19430)
The Agency for Toxic Substances and Disease
Registry (ASTDR) announced the availability of
funds in Fiscal Year 1992 for a cooperative
agreement with the National Association of County
Health Officers. It is expected that approximately
$200,000 will be available in fiscal year 1992 to fund
this award.
"Consent Decree: United States v. Cannons
Engineering Corporation, et al.
May 6,1992 (57 EB 19441)
The proposed Consent Decree in United States v.
Cannons Engineering Corporation, et al.. was lodged
with the U.S. Court for the District of Massachusetts
on April 29,1992. The decree resolves claims by the
United States against 6 defendants and 13 third-party
defendants under CERCLA for contamination at 4
Superfund sites. Comments will be accepted through
June 5,1992.
Copies ofRCRA Federal Registers are available through the Hotline by calling a Document Specialist at
1-800-424-9346.
12
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May 1992
Federal Registers
NOTICES
"Settlement: United States v. America
Renovating Co.
May 14,1992 (57 EB 20712)
The proposed Stipulation and Settlement Order
in United States v. American Renovating Company
between the United States and the settling
defendants was lodged with the U.S. District Court
for the Eastern District of Michigan on May 1,1992.
Pursuant to the proposed order, the defendant will
pay $775,000 in satisfaction of the United States'
response cos^ ai a& Rose Township Facility.
Comments will be accepted for a period of 30 days.
"Consent Decree: United States v. Elmer
Burrows, et al.
May 14,1992 (57 EB 20712)
An amended Consent Decree in United States v.
Elmer Burrows, et al.. was lodged with the U.S.
District Court for the Western District of Michigan
on April 24,1992. The Consent Decree concerns
groundwater remediation at the Burrows Sanitation
Site in Hartford, Michigan. Comments will be
received for 30 days.
"Consent Decree: United States v. The
National Starch and Chemical Company"
May 14,1992 (57 EB 20713)
A proposed Consent Decree in United States v.
The National Stjtrch and Chemical Company was
lodged with the U.S. District Court for the Middle
District of North Carolina on April 29,1992. The
agreement resolves a judicial enforcement action
brought by the United States against the defendant
pursuant to CERCLA §§106 and 107. Comments
will be received for 30 days.
"Open Forum on the Superfund
Revitalization Team"
May 1 5, 1 992 (57 EB 20827)
This notice announces a meeting to solicit input
to assist EPA and the interagency Superfund
Revitalization Team in identifying innovative non-
traditional approaches that may be used to expedite
the Superfund cleanup process. A public meeting
will be held on June 24, 1992, in Washington, DC
"3ett3err;.;ct t : *-^
Superfund Site"
May 19, 1992 (57 EB 21241)
EPA has agreed to settle claims for a portion of
the response costs incurred by EPA at the Kassouf-
Kimerling Site, Hillsborough County, Tampa,
Florida, with d£ minimis landowner parties.
"Consent Decree: United States v. Pierce.
etal."
May 20, 1 992 (57 EB 21432)
A proposed partial Consent Decree in United
States v. Pierce, et al.. was lodged with the U.S.
District Court for the Northern District of New York
on June 4, 1991. The complaint was filed pursuant
to CERCLA to recover costs incurred by EPA at the
York Oil Superfund Site in Moira, New York.
Comments will be received for a period of 30 days.
"ATSDR: Availability of Public Health
Assessment Guidance Manual"
May 26, 1992 (57 EB 21987)
EPA announced the availability of the ATSDR
Public Health Assessment CrtPdflnce Manual This
document is available by mail from NTIS at (703)
487-4650. The NTIS order number for this
document is PB92- 147 164.
13
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May 1992
Federal Registers
NOTICES
"Reports on Ecological Risk Assessment"
May 27,1992 (57 EB 22236)
This notice announces the availability of three
reports on ecological risk assessment "Framework
for Ecological Risk Assessment" (EPA-630/R-92/
001), "Peer Review Workshop Report on a
Framework for Ecological Risk Assessment" (EPA/
625/R-91/022) and "Report on the Ecological Risk
Assessment Guidelines Strategi.: Planning
Workshop" (Ef?A/CjO/R-9iAX)2). EPA is asking
interested members of the public to submit
information on ecological risk assessment issues
highlighted in this notice. Information will be
accepted until July 13,1992. To obtain a copy of
these reports call the ORD publication office at (513)
569-7562.
"Guidelines for Exposure Assessment"
May 29,1992 (57 FR 22888)
EPA issued final guidelines for exposure
assessment. These guidelines are intended for risk
assessors in EPA and those exposure and risk
assessment consultants, contractors, or other persons
who perform work under Agency contract or
sponsorship. These guidelines establish a broad
framework for Agency exposure assessments
including definitions, associated units, and guidance
on planning and conducting exposure assessments.
The guidelines will be effective May 29,1992.
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
"Public Meeting: Expansion of Toxic
Release Inventory"
May 4,1992 (57 EB 19127)
EPA announced a public meeting to be held on
May 29,1992, to discuss expansion of reportable
toxic chemicals and reportable facilities. An issues
paper will be made available after May 15,1992.
"Grant Availability"
May7,1992(57£B19744)
EPA announced the availability of financial
assistance to States and Indian tribes for Emergency
Planning and Community Right-to-Know programs
in geographic areas that have a high risk for major
chemical accidents. Letters of intent will be
accepted through May 29,1992, and completed
applications must br- vvvtxl at EPA oy Jure 26,
1992.
"Approval of 1991 Form R and Instructions"
May 27,1992 (57 EB 22330)
The Office of Management and Budget (OMB)
approved the revised Form R and instructions for the
1991 calendar (reporting) year. EPA will not initiate
enforcement proceedings against facilities that file
accurate Form R reports between July 1,1992, and
September 1,1992. The form and instructions are
included in this notice.
14
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CALL ANALYSES
CALLS ANSWERED BY HOTLINE
800 -r
700 --
600 --
300 --
200 --
100 --
May Daily Volume*
500 -- /
400 -J
/
-\ /\
Emergency Planning and
Community Right-to-Know
•\ 1 1 1 1 1 1 h
-\ h
11 12 13 14 15 18 19 20 21 22 26 27 28 29
Year to Date*
RCRA/SF/OUST
January
February
March
April
May
Month
11,534
11,476
12,333
1 1 ,082
13,586
Cumulative
23,010
35,343
46,425
60,011
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
January
February
March
April
May
Month
3,583
4,943
3,159
3,012
4,131
Cumulative
8,526
11,685
14,697
18,828
* All calls answered by the Call Management System or two Message Retrieval Lines.
Message 1 regarded EPA's proposed Hazardous Waste Identification Rule.
Message 2 regarded EPA's final Used Oil Rule.
15
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Call Analyses
May 1992
CALLS ANSWERED BY TYPE
May Daily Volume*
Questions
700 -r
600
500
400 --
300 --
200 -•
100 --
. /-.-, /—\/^.
|12,885
X
Documents
11
12
13 14 15 18 19 20
21
22 26 27 28 29
Year to Date*
January
February
March
April
May
Questions
Month
11,930
12,338
11,755
10,734
12,885
Cumulative
24,268
36,023
46,757
59,642
January
February
March
April
May
Documents
Month
4,276
3,822
4,152
3,899
5,625
Cumulative
8,098
12,250
16,149
21 ,774
Referrals
January
February
March
April
May
Month
1,505
1,831
1,390
1,144
1,396
Cumulative
3,336
4,726
5,870
7,266
* All calls answered by the Call Management System or the two Message Retrieval Lines. A single call may result in multiple
questions combined with document requests and referrals.
16
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May 1992
Call Analyses
CALLS ANSWERED BY PROGRAM AREA
May 1992*
'Based on 13,510 requests and excludes 1,396 referrals made from both Hotlines. Includes the two Message
Retrieval Lines.
Year to Date"
January
February
March
April
May
RCRA
Month
60%
(9,564)
55%
(8,860)
66%
(10,410)
61%
(8,913)
66%
(12,134)
Cumulative
57%
(18,424)
60%
(28,834)
60%
(37,747)
62%
(49,881)
Superfund
Month
12%
(2,065)
11%
(1,823)
10%
(1,638)
13%
(1,957)
8%
(1,555)
Cumulative
12%
(3,888)
12%
(5,526)
12%
(7,483)
11%
(9,038)
OUST
Month
4%
(640)
3%
(483)
3%
(488)
5%
(665)
3%
(551)
Cumulative
3%
(1,123)
3%
(1,611)
4%
(2,276)
3%
(2,827)
Emergency Planning &
Community Rlght-to-Know
Month
24%
(3,937)
31%
(14,994)
21%
(3,371)
21%
(3,098)
23%
(4,270)
Cumulative
28%
(8,931)
25%
(12,302)
24%
(15,400)
24%
(19,670)
** Based on 81,416 requests and excludes 7,266 referrals made from both Hotlines
17
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Call Analyses
May 1992
CALLER PROFILE
RCRA/SF/OUST Hotline
Regulated Community 7,326
Citizens 610
State & Local Gov't./Native American 262
Federal Agencies 174
Educational Institutions 101
EPA 99
Other 65
Media 17
Interest CJMG ps 41
Congress 0
Referrals 994
International 26
Message 1* 2,377
Message 2* 1,494
TOTAL
13,586
State/Local Gov't/
Native American
3%
Federal Agencies
2%
All Others
4%
Citizens
7%
Regulated
Community
"No caller profile data available.
18
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May 1992
Call Analyses
Emergency Planning and
Community Right-to-Know Hotline
Manufacturer
Food/Tobacco 112
Textiles 27
Apparel 6
Lumber & Wood 23
Furniture 31
Paper 46
Printing & Publishing fr-
Chemicals 516
Petroleum & Coal 10j
Rubber and Plastics 70
Leather 4
Stone, Clay & Glass 41
Primary Metals 92
Fabricated Metals 227
Machinery (Excluding Electrical) 46
Electrical&Electronic Equipment 134
Transportation Equipment 76
Instruments 9
Misc. Manufacturing 117
Not Able to Determine 190
Subtotal 1,927
Consultants/Engineers
Attorneys
Citizens
All Others
Trade Associations
Public Interest Groups
Universities/Academia
Insurance Companies
Hospitals
State Agencies/SERC
Fire Departments
EPA
Local Officials
LEPC
Farmers
Federal Agencies
Media/Press
Union/Labor
Distributors
Indians
Laboratories
Misc.
Referrals
International
TOTAL
648
261
137
82
34
48
0
],!
c-:
12
33
36
43
0
47
27
0
29
0
19
243
402
5
4,131
Attorneys
6%
Citizens
3%
Consultants/
Engineers
16%
Manufacturers
46%
All Others
29%
19
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Call Analyses
May 1992
HOTLINE TOPICS
RCRA
General/Misc. 1,427*
Special Wastes
Ash 1
Bevill 22
Medical 254*
Oil and Gas 27
Subtitle C Wastes
Hazardous Waste Identification
General 3,982**
Toxicity Characteristic 160
Wood Preserving 56
Used OH 1,825***
Fluff 6
Mixed Waste 70
Delisting & Petitions 28
Hazardous Waste Recycling 114
Generators 409
Small Quantity Generators 129
Transporters 81
Treatment, Storage & Disposal
Facilities
General Facility Standards
Siting
Capacity
Treatment
Burning
Storage
Disposal
Land Disposal Restrictions
Permits & Interim Status
Corrective Action
Financial Assurance
Liability/Enforcement
Test Methods
Health Effects
Pollution Prevention/Waste Min.
State Programs
Hazardous Waste Data
Subtitle D Wastes
Household Hazardous Waste
Subtitle D Facilities
General Facility Standards
Siting
Combustion
Industrial Wastes
Composting
Source Reduction
Grants & Financing
Procurement
General
717
8
0
119
100
74
76
800*
116
143
25
61
104
0
38
44
0
99
107
16
0
0
70
0
5
1
Building Insulation 1
Cement & Products with Fly Ash 0
Paper & Paper Products 1
Re-refined Lubricating Oil 0
Retread Tires 0
Solid Waste Recycling
General 152*
Aluminum 2
Batteries 8
Glass 4
Paper 6
Plastics 0
Tires 29
Used Oil 160
Markets
General 40
Aluminum 2
Batteries 3
Compost 1
Glass 0
Paper 1
Plastics 0
Tires 350
Used Oil 60
TOTAL 12,134'
1 Includes 3,802 RCRA document requests.
SUPERFUND
General/Misc. 166
Access & Information Gathering 60
Administrative Record 2
Allocations from Fund 10
ARARs 64
CERCLIS 59
Citizen Suits 5
Clean-Up Costs 12
Clean-Up Standards 26
Community Relations 5
Contract Lab Program (CLP) 14
Contractor Indemnification 5
Contracts 9
Definitions 17
Emergency Response 3
Enforcement 11
Exposure Assess./Risk Assess. 21
Federal Facilities 28
Fund Balancing 9
Grants 3
20
* Hot topics for this month. ** Includes 2,377 retrievals of Message 1. *** Includes 1,494 retrievals of Message 2.
' Topics are calculated as the summation of all questions received by the Hotline. A single call may result In multiple
questions.
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May 1992
Call Analyses
Hazardous Substances
Health/Toxics
HRS
Liability
Mandatory Schedules
Natural Resource Damages
NBARs
NCP
Notification
NPL
Off Site Policy
On Site Policy
OSHA
PA/SI
PRPs
Public Participation
RCRA Interface
RD/RA
Remedial
Removal
Response
RI/FS
ROD
RQ
SARA Interface
Settlements
SITE Program
State Participation
State Program
Taxes
Title in/Right-to-Know
185*
5
18
125*
0
3
2
43
45
140*
9
4
5
14
16
2
21
7
33
13
5
28
41
148*
9
23
16
5
1
4
56
TOTAL 1,5552
^Includes 474 Superfund document requests.
OUST
General/Misc.
Applicability/Definitions
Regulated Substances
Standards for New Tank Systems
Tank Standards and Upgrading
Operating Requirements
Release Detection
Release Reporting & Investigation
Corrective Action for USTs
Ou t-of- S ervice/Closure
Financial Responsibility
State Programs
Liability/Enforcement
LUST Trust Fund
TOTAL
3 Includes 118 OUST document requests.
150
92
47
50
10
17
21
30
8
41
47
18
15
5
5513
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
Title in General 817
§301-3 Emergency Planning
General 198
SERCs/LEPC 11
Notification 7
Mixtures 3
Extremely Hazardous Substances 18
Delisting EHS 0
Exemptions 1
§304:
General 72
Notification Requirements 17
Reportable Quantities 18
RQs vs. TPQs 10
Transportation 0
Exemptions 12
§311/312:
General 163
MSDS Reporting Requirements 21
Tier I/II Regulations 54
Thresholds 35
OSHA Expansion 2
Hazard Categories 5
Mixtures 13
Exemptions 21
§313:
General
FormR
Thresholds
Phase I
Phase II
Phase III
Pollution Prevention
NONs/NOTEs
Petitions
Health Effects
Database
Exemptions
1,423*
622*
135
51
51
1
197*
19
32
3
24
100
Training:
General 7
§305 Training Grants 0
§305 Emergency Systems Review 0
§126 (SARA) Training Regulations 0
* Hot topks for this month.
• Topics are calculated as the summation of all questions received by the Hotline. A single call may result in multiple
questions.
21
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Call Analyses
May 1992
General:
CEPP Interim Guide
Chemical Profile
NRT-1
Hazard Analysis
Risk Communication
Title IH Workshops
Information Management
Prevention ARIP
Other
0
5
1
1
1
0
0
0
53
Trade Secrets
Enforcement
Liability
1
45
0
TOTAL 4,2704
4Includes 1,231 Emergency Planning Community
Right-To-Know document requests.
TOTAL HOTLINE QUESTIONS,
DOCUMENT REQUESTS AND
REFERRALS:
19,906
22
• Topics are calculated as the summation of all questions received by the Hotline. A single call may result in multiple
questions.
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LIST OF ADDRESSEES:
Ed Abrams, OS-332
Jennifer Anderson, EPA-Reg. 7
Kate Anderson, OS-520
Irene Atney-Yurdin, DOE-NY
Jennifer Barker, OS-305
Beth Behrens, EPA-NEIC
Kathy Bishop, OS-210
John Bosky, EPA-Kansas City
Brett Bowhan, DOE-Idaho
Susan Bromm, OS-500
RickBrandes.OS-330
Karen Brown, A-149C
Nancy Browne, OS-520
Kathy Bruneske, OS-305
Karen Burgan, OS-110
Heather Burns, Hotline
Diane Buxbaum, EPA-Reg. 2
Sabrina Callihan, DOE
Carol Carbone, EPA-Reg. 1
Sonia Chambers, EPA-Reg. 5
Richard Clarizio, EPA-Reg. 5
Don R. Clay, OS-100
Jerry Clifford, EPA-Reg. 9
Bill Cosgrove, EPA-Reg. 4
Clinton Cox, EPA-Alabama
Becky Cuthbertson, OS-532
Elaine Davies, OS-100
Jeffery Denit, OS-300
Lynn DePont, OS-305
Director, RED, LE-134S
Dave Eberly, OS-343
Chris Elias, CA Dept of Health
Terry Escarda, CADepL of Health
Lisa Friedman, LE-132S
John Gilbert, EPA-Cinn.
Diane Glass, Kelly AFB, TX
Alan Goodman, EPA-Portland, OR
Kristin Goschen, EPA-Reg. 8
John Gorman, EPA-Reg. 2
Cheryl Graham, LE-132S
Jim Hayden, DEC-Alaska
Betty Hollowell, DOE-TX
Hinton Howard, EPA-Reg. 5
Henry Hudson, EPA-Reg. 4
Susan Hutcherson, EPA-Reg. 10
Tom Jacobs, EPA-Reg. 5
Carol Jacobson OS-220
Harriet L. Jones, EPA-Reg. 7
Kathy Jones, OS-210
GaryJonesi,LE-134S
Ron Josephson, OS-333
Tony Jover, OS-120
Robert Kays.,-, OG 333
M.:- Kidwell, OS-332
Bob Kievit, EPA- Olympia, WA
Jerry Killiane, GAO
William Kline, OS-322W
Robert Knox, OS-130
Dan Kovacks, Hotline
Walter Kovalick, OS-110
Judy LebowichWH-550EHenry
Longest, OS-100
JimLoomis, FLERC
Sylvia Lowrance, OS-300
Tom Lueders, EPA-Reg. 5
James Makris, OS-120
Andrea McLaughlin, OS-220W
Chet McLaughlin, EPA-Reg. 7
Dorothy McManus, OS-120
Tami McNamara, TS-779
Scott McPhilamy, EPA-Reg. 3
Kim Mercer, EPA-Reg. 9
Margaret Mereas, EPA-Reg. 4
Charlotte Mooney, OS-332
Robert Morby, EPA-Reg. 7
Beverly Negri, EPA-Reg. 6
Susan OTCeefe, LE-134 S
ChaePak. EPA-Reg. 10
Myra Perez, EPA-Houston
Mark Phillips, EPA-Reg. 3
Dan Powell, OS-HOW
Steve Provant, EPA-Boise, ID
Jim Radle, Jr., EPA-Reg. 9
John Riley, OS-210
Barbara Roth, OS-305
Debbie Rutnerford, OS-420WF
William Sanjour, OS-330
Sam Sasnett, TS-779
Tun Schoepke, TS-793
Jay Silberman, US Coast Guard
SterROR Spanos, NH DES
F•„-•>"< Stanley, OS-500
X,> Stein, LE--134S
Heather Stockard, DEC-Alaska
Kathy Teemer, Hotline
Beverly Thomas, OS-420WF
Jim Thompson, OS-520
Linda Thompson, LE-134S
Robert Thompson, A-104
Steve Torok, EPA-Juneau, AK
Harriett Tregoning, PM-220
Betti VanEpps, OS-240
David Van Slyke, LE-134S
Barbara Wagner, EPA-Reg. 8
David Watson, PM-214F
Howard Wilson, PM-273
Denise Wright, OS -332,
OSW Division Directors
OSW Deputy Division Directors
OSW Branch Chiefs
Hazardous Waste Management 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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