r
EPA530-R-92-014g
MONTHLY HOTLINE REPORT
July 1992 °
RCRA/SF/OUST and \ _____ ™
Emergency Planning and Community Right-to-Know
Hotline Questions and Answers
1
Resource Conservation and Recovery Act (RCRA)
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) 4
Emergency Planning and Community Right-to-Know Act 5
New Publications
Resource Conservation and Recovery Act (RCRA) 6
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) 6
Emergency Planning and Community Right-to-Know Act 9
Other 9
Federal Registers
Final Rules 10
Proposed Rules 11
Notices 11
Call Analyses
Calls Answered 15
Caller Profiles 18
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
3 DAYS ONLY
-------
HOTLINE QUESTIONS AND ANSWERS
RCRA
1. Liners and Leak Detection Systems
for Hazardous Waste Landfills,
Surface Impoundments, and Waste
Piles
The Hazardous and Solid Waste
Amendments (HSWA) of 1984 created new
requirements for both permitted and interim
status hazardous waste land disposal units.
Initially, to satisfy the requirements outlined in
§3004(o), EPA promulgated minimum
technological requirements (i.e., double-liners)
on July 15,1985 (50 EK 28702). EPA
subsequently proposed two rules on liners and
leak detection. On March 28,1986 (51 £fi
10706), and April 17,1987 (52 £fi 72566),
EPA proposed amendments to the double liner
and leachate collection system standards for
landfills and surface impoundments. On May
29,1987 (52 £R 20218), EPA proposed leak
detection system requirements for landfills,
surface impoundments, waste piles, and land
treatment units. This notice also proposed to
expand the double liner requirement to include
waste piles. On January 29,1992 (57 PR
3462), EPA issued a final rule on liners and
leak detection systems encompassing all the
above proposed rules. How did the
January 29,1992, final rule affect the
minimum technological requirements of RCRA
§3004(o)?
The January 29,1992, Federal Register
finalizes EPA's proposed actions of March 28,
1986; April 17,1987; and May 29,1987; and
completes the codification of the minimum
technological requirements imposed by RCRA
§§3004(o)(4) and 3004(o)(5)(A). It also
modifies previous liner and leachate collection
and removal system regulations for permitted
and interim status landfills, surface
impoundments, and waste piles. In addition,
the final rule requires owners and operators of
these three types of units to install a leak
detection system, establish an action leakage
rate, develop a response action plan, and
implement a construction quality assurance
program.
The following landfills, surface impound-
ments, and waste piles are affected by this
final rule: (1) new units for which construction
commences after January 29,1992;
(2) replacement units reused after July 29,
1992; and (3) lateral expansions of units for
which construction commences after July 29,
1992. The rule applies to these units
regardless of their permit status, and the
Agency maintains that the permit does not act
as a shield with respect to the leak detection
requirements (57 FR 3464). The regulations at
40 CFR §270.4 have, therefore, been amended
to require that an owner or operator apply for a
permit modification to meet these
requirements.
According to the statute, minimum
technological requirements for landfills and
surface impoundments include a double-liner
and leachate collection system, and a leak
detection system. Minimum technological
requirements for waste piles include a leak
detection system. The final rule expanded the
double-liner requirements to waste piles (57
ER.3472).
-------
Hotline Questions and Answers
July 1992
The Agency has determined that a
leachate collection and removal system meet-
ing the standards in the final rule fulfills the
statutory requirement for a leak detection
system. Therefore, a unit's leachate collection
and removal system between the top and
bottom liners is also its leak detection system.
The leak detection system must be designed to
detect, collect, and remove leaks at the earliest
practicable time. It must be constructed of
materials that are compatible with the waste
and are strong enough to resist pressure gradi-
ents, designed and operated to minimize
clogging, and constructed with a minimum
bottom slope of one percent. The drainage
layer may be granular or synthetic. A granular
drainage layer must be a least 12 inches thick,
and have a minimum hydraulic conductivity of
IxlO"2 cm/sec for waste pile and landfill units,
or IxlO"1 cm/sec for surface impoundment
units. Synthetic drainage layers must have a
hydraulic transmissivity of 3xlO~5 m2/sec for
waste pile and landfill units, or SxlO"4 m2/sec
for surface impoundment units. The system
requires a sump of sufficient size to collect and
remove liquids efficiently and to prevent
liquids from backing up into the drainage
layer. Variances for alternative system design
are available. Landfill and waste pile units
also require a leachate collection and removal
system immediately above the top liner which
ensures that the leachate depth on the top liner
does not exceed one foot.
The double-liner system comprises a top
and bottom liner. The top liner is the liner
directly above the leak detection system. It
must be designed to prevent migration of
hazardous constituents into the liner during the
active life of the unit and during the post-
closure period (e.g., a geomembrane liner).
The bottom liner must be a composite liner
consisting of an upper component (e.g.,
geomembrane) designed to prevent the
migration of hazardous constituents into the
liner, underlain by at least 3 feet of compacted
soil material with a hydraulic conductivity of
no more than IxlO"7 cm/sec.
Each unit requires a site-specific action
leakage rate and a site-specific response action
plan. The action leakage rate is based on the
maximum leakage rate that the leak detection
system can remove without the fluid head on
the bottom liner exceeding one foot When
the action leakage rate is exceeded, the
response action plan must specify actions to
be taken to ensure that the leakage does not
migrate out of the unit.
To ensure that the constructed unit meets
or exceeds all design criteria and
specifications, a construction quality
assurance (CQA) program must be
implemented. A CQA program must include
a test fill for compacted soil liner components,
unless waived. It also requires a certification
by a registered professional engineer that the
CQA plan has been successfully carried out
and the liner system meets the design and
construction requirements.
The leak detection system must be
monitored at least weekly during the active
life of the unit, and either monthly, semi-
annually, or annually during the post-closure
period for disposal units, depending on the
amount of liquids detected in the sumps.
2. One-Time Notification Requirement
Under §268.7(a)(6)
A manufacturer generates a listed,
restricted waste which is piped directly to a
wastewater treatment unit exempt from RCRA
regulation under §§264.1(g)(6), 265.1(c)(10),
and 270.1(c)(2)(v). After treatment, the listed
-------
July 1992
Hotline Questions and Answers
waste is discharged directly to a POTW
pursuant to §26L4(a)(l)(ii). Because the
waste is never managed in accumulation tanks
or containers regulated under §26234, it is
not subject to "substantive regulation" as
defined in the March 24,1986, Federal
Register (51 £fi 10152-3), and so is not
counted in determining generator status (i.e.,
conditionally exempt, small quantity, or large
quantity generator). Which Pan 268 land
disposal restrictions notification
requirements, if any, apply to this waste?
The generator must comply with the one-
time notification requirement under
§268.7(a)(6). This section states, "[i]f a
generator determines that he is managing a
restricted waste that is excluded from the
definition fff hazardous or solid waste or
exempt from Subtitle C regulation, under 40
CFR 261.2-261.6 subsequent to the point of
generation, he must place a one-time notice
stating such generation, subsequent exclusion
from the definition of solid or hazardous waste
or exemption from Subtitle C regulation, and
the disposition of the waste, in the facility's
file" (emphasis added). In the scenario
presented above, the waste is generated during
the manufacturing process and becomes
excluded from the definition of solid waste at
the point of discharge to the POTW
(§261.4(a)(l)(ii)); in other words, subsequent
to the point of generation (see 56 FR 3866;
January 31,1991). Therefore, the one-time
notification requirement of §268.7(aX6)
would apply even if, prior to discharge, the
generator does not manage the waste in a
manner that subjects it to substantive
regulation (i.e., the generator does not
accumulate the waste in tanks or containers
regulated under §262.34).
3. Alcohol-Content Exclusion for the
Ignitability Characteristic
A generator produces a wastestream with a
flash point of 54 degrees Celsius that contains
the following three components: water (77
percent), alcohol (13 percent), and a non-
alcoholic liquid component (10 percent).
According to the "alcohol exclusion" in 40
CFR §26121(a)(l), the characteristic of
ignitability will not apply to an aqueous
solution that contains less than 24 percent
alcohol and which has a flash point less than
60 degrees Celsius. Does the presence of a
non-alcoholic component cause the aqueous
solution to be regulated as an ignitable waste
(D001)?
No, the additional non-alcoholic liquid
component will not cause the wastestream to
be regulated as a D001 waste. Despite the
presence of the non-alcoholic liquid
component, the wastestream continues to
qualify for the alcohol exclusion in 40 CFR
§261.21(a)(l). According to the May 19,1980,
Federal Register (45 EB. 33108), EPA
originally intended for the alcohol exclusion to
exempt alcoholic beverages and some types of
latex paints, which exhibit low flash points due
to the alcohol content, but do not sustain
combustion because of the high water content
The alcohol exclusion in 40 CFR
§261.21(a)(l), however, is not limited to those
wastes mentioned in the May 19,1980, Esdsral
Register. It applies to all aqueous solutions
containing less than 24 percent alcohol, even if
additional non-alcoholic components are
present EPA clarified in the June 1,1990,
Federal Register (55 FJR 22543) that the term
"alcohol" in §26121(aXl) refers to any alcohol
or combination of alcohols. The Agency notes,
however, that if the alcohol is one of those
alcohols specified in EPA hazardous waste
codes F001-F005 and has been used for its
solvent properties, the waste must be evaluated
-------
Hotline Questions and Answers
July 1992
to determine if it should be classified as an F-
listed spent solvent waste.
The alcohol exclusion for the ignitability
characteristic was adopted from the
Department of Transportation's (DOT) defini-
tion of "combustible liquids" in 49 CFR
§173.115(b). The alcohol exclusion in 49 CFR
§173.115(b)(2)(ii) applies to aqueous solutions
containing 24 percent or less alcohol by
volume which contain no less than 50 percent
water. Since EPA originally intended to be
consistent with DOT regulations when promul-
gating the alcohol exclusion in §261.21(a)(l),
the SO percent water stipulation may be applied
to the ignitability characteristic. Therefore, as
clarified in an internal EPA memorandum, for
the purpose of the ignitability characteristic in
§261.21(a)(l), "aqueous" means a solution
containing at least 50 percent water by weight.
CERCLA
4. Interest Rates on Super-fund Cost
Recovery Actions
EPA is authorized by CERCLA §111 to
expend Superfundmonies to finance response
actions in order to facilitate cleanup of
Superfund sites. The Agency can then take
enforcement action to recover costs from
potentially responsible parties (PRPs) at the
site pursuant to §107. When calculating
recoverable costs, may EPA charge interest on
the amount expended? If so, how is the
applicable interest rate calculated?
EPA is authorized to seek interest charges
on all amounts recoverable under CERCLA
§107(a)(4). Recoverable amounts under
§107(a)(4) include costs not inconsistent with
with the National Contingency Plan which are
incurred during the process of conducting a
removal action, remedial investigation/
feasibility study (RI/FS), or remedial design
and remedial action activity (RD/RA). In
addition, §107(a)(4) authorizes EPA or other
Federal agencies to recover damages for injury
to, destruction of, or loss of natural resources,
and the costs of any health assessment or
health effects studies carried out under §104(i).
EPA may also recover its oversight costs, legal
costs, and indirect costs in accordance with
CERCLA authorities.
The interest EPA seeks from PRPs on
outstanding debts from monies spent to clean
up Superfund sites, as well as the interest EPA
earns on the fund itself, are determined by the
Treasury Department each year using a one-
year constant average of interest rates paid on
U. S. Treasury MK bills. The interest rates for
fiscal years 1985 through 1992 are as follows:
1985 10.82%
1986 7.43%
1987 5.63%
1988 6.99%
1989 8.39%
1990 8.47%
1991 7.99%
1992 5.70%
Each fiscal year begins on October 1 and
ends on September 30 of the following year.
When calculating cost recovery amounts, EPA
applies the interest rate from the date EPA
issues a demand letter or the date'of any fund
expenditure. Even if EPA has not made a
specific demand for payment, interest is still
recoverable from the date EPA incurred the
costs (see U.S. v. Bell Petroleum Services.
Inc.. 734 F. Supp. 771,784). If a cost recovery
action takes place over a number of years,
interest on the outstanding balance is
recalculated using the new fiscal year's interest
rate until EPA receives full payment.
-------
July 1992
Hotline Questions and Answers
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
5. Laboratory Use of a Manufactured
Chemical
A company manufactures 26,000 pounds a
year of a toxic chemical, 2,000 of which are
manufactured and used in an on-site
laboratory under the supervision of a
technically qualified individual. Should the
2,000 pounds be counted toward determination
of the manufacturing threshold under §313 of
the Emergency Planning and Community
Right-to-Know Act (EPCRA), or will this
activity manufacturer be exempt under the
laboratory use exemption (40 CFR
§372.38(d))?
The 2,000 pounds are exempt from the
threshold determination for manufacturing
under the laboratory use exemption (40 CFR
§372.38(d)) because the toxic chemical was
manufactured in a laboratory under the
supervision of a technically qualified
individual. The facility will count only 24,000
pounds of the manufactured chemical toward
its applicable manufacturing threshold.
6. Threshold Determination Based on
the Range of Concentration Given
on the MSDS
A facility regulated under §313 of the
Emergency Planning and Community Right-
to-Know Act (EPCRA) uses a chemical mixture
that contains a listed §313 toxic chemical. The
concentration of the toxic chemical is given as
a range on the material safety data sheet
(MSDS). If the maximum and minimum
concentrations are above and below the d&
minimis concentration level, how can the
facility determine quantities for §313
compliance (40 CFR Part 372)?
The amount of the chemical in the mixture
that is above the dfi minimis level, and therefore
counts toward the threshold, can be assumed to
be proportional to the ratio of the amount above
d£ minimis concentration to the amount of the
total concentration range. The concentration of
the chemical in the mixture that is not exempt is
the average of the d£ minimis level and the
maximum concentration.
For example, assume that a facility
manufactures 10 million pounds of a mixture
containing 025-1.20 percent of a toxic chemical
that is subject to a 1 percent dfi minimis
exemption. The quantity of that mixture subject
to reporting is:
10,000,000 Ib x (1.20-1.001 >
(1.20-0.25)
: 2,105,263 Ib
nonexempt mixture
This 2,105,263 pounds of nonexempt mixture is
multiplied by the average concentration above
the dc minimis. which is 1.1 percent, or
1.20+1.00
2
2,105,263 x 0.011 = 23,158 Ib
In this example, the amount of chemical that
counts toward a threshold is 23,158 pounds.
-------
NEW PUBLICATIONS
HOW TO ORDER...
NTIS Publication* 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: "The RCRA Implementation Study;
The Definition of Solid Waste Update"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA 530-R-92-021
This document presents EPA's preliminary
approaches to developing a better definition
of solid waste.
TITLE: "RCRA Waste Minimization Action
Plan"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA 530-R-92-020
This document outlines activities expected to
be implemented over the next five years that
will integrate the Agency's pollution
prevention concept into the RCRA program.
TITLE: The Consumer's Handbook for
Reducing Solid Waste"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA 530-R-92-003
This document describes how people can help
solve the growing garbage problem in the
United States. It outlines how individual
consumers can help alleviate the mounting
trash problem by making environmentally
aware decisions about everyday things such as
shopping and lawn care. The booklet provides
several practical steps to reduce the amount
and toxicity of garbage.
CERCLA
TITLE: "Methodology for Earlv De Minimis
Waste Contributor Settlements under
CERCLA Section 122(g)(l)(A)"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB92-963607
This guidance sets procedures for identifying
early djg minimis cflrKJKjfttf.y for potential dfi
minimis settlements early in the response
process (i.e., prior to the signature of a Record
of Decision), and provides a methodology for
developing such settlements. This guidance
also provides practical assistance in
developing early dfi minimis settlement
proposals and agreements. It supplements
OSWER Directive 9847.7-1B "Methodologies
for Implementation of CERCLA Section
122(gXl)(A) Dfi Minimis Waste Contributor
Settlements," (December 20,1989).
-------
July 1992
New Publications
TITLE: "Superfund Progress; Spring 1992"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB92-963 265
This quarterly Superfund progress report
discusses accomplishments in the Superfund
program toward protecting people and the
environment from the hazards of uncontrolled
chemical releases. It portrays facets of the
program that often go unnoticed or
unpublicized, reports new developments, and
provides figures to show what the program has
accomplished.
TITLE: "Superfund Progress -- Aficionado's
Version"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB92-963 267
This publication supplements "Superfund
Progress; Spring 1992." The Aficionado's
Version provides detailed statistical
information documenting the environmental
progress of Superfund.
TITLE: "Evaluation of Groundwater
Extraction Remedies: Phase II, Volume 1 ~
Summary Report"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB92-963 346
This report is the second phase of a study to
evaluate the effectiveness of groundwater
extraction systems being used to remediate
groundwater contamination at hazardous waste
sites. This report was prepared in two volumes.
"Volume 1: Summary Report," contains an
executive summary and chapters which discuss
the purpose, methodologies, and conclusion of
the project.
TITLE: "Evaluation of Groundwater
Extraction Remedies: Phase n, Volume 2 ~
Case Studies and Updates"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB92-963 347
This report is the second phase of a study to
evaluate the effectiveness of groundwater
extraction systems being used to remediate
groundwater contamination at hazardous waste
sites. This report was prepared in two volumes.
"Volume 2: Case Studies," contains the
individual analyses of each of the 24 sites
involved in this project.
TITLE: "Accelerating Potentially Reponsible
Party Remedial Design Starts: Implementing
the 30-Day Study"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB92-963 608
This guidance document encourages the
Regions to use all available opportunities to
compel potentially responsible parties to start
the remedial design (RD) prior to entry into a
Consent Decree. At: a minimum, the RD should
start when the Consent Decree is lodged.
Where appropriate, Regions should have the
RD start even earlier, as soon after signature of
the Record of Decision as possible.
TITLE: "Superfund Accelerated Cleanup
Bulletin, Volume 1, No. 2"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB92-963 361
This bulletin outlines Superfund's initiative to
develop presumptive remedies that are
appropriate for specific types of sites,
contaminants, or both. This initiative is part of
a larger program, known as the Superfund
Accelerated Cleanup Model (SACM), which is
-------
New Publications
July 1992
designed to speed up all aspects of the
Superfund cleanup process. This issue of the
Superfund Accelerated Cleanup Bulletin
describes presumptive remedies for wood
treatment facilities.
TITLE: "Fact Sheet: An Overview of ERNS
Emergency Response Notification System
Fact Sheet"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB92-963 412
This fact sheet provides an overview of the
Emergency Response Notification System
(ERNS), a national computer database used to
track information on releases of oil and
hazardous substances.
TITLE: "Fact Sheet: Oil Notifications;
Emergency Response Notification System
Fact Sheet"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB92-963413
This fact sheet provides summary information
on notifications to the Emergency Response
Notification System concerning releases of oil
reported in accordance with the Clean Water
Act.
TITLE: "Fact Sheet: CERCLA Notifications
Emergency Response Notification System
Fact Sheet"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB92-963 411
This fact sheet provides summary information
on notifications of releases to the Emergency
Response Notification System concerning
hazardous substances regulated under the
Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA),
as amended.
TITLE: "Interim Cashout Settlement
Procedures"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB92-963609
This directive addresses certain issues related to
Superfund cashout settlements. These interim
procedures provide approaches to resolve
certain issues which arose in recent cashout
settlements.
TITLE: "Smart Moves in Superfund -
Regional Initiatives, Volume 1, No. 1"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB92-963 272
This bulletin serves as an exchange for
Regional information about Superfund.
TITLE: "Guidance on Procedures for
Submitting CERCLA Section 106(b)
Reimbursement Petitions and on EPA Review
of Those Petitions"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB92-963 610
CERCLA §106(b)(2) allows a person who has
complied with an administrative order issued
under §106(a) of CERCLA to submit a
reimbursement petition to EPA for the
reasonable costs plus interest of a response
action. This document describes the procedures
for submitting a CERCLA §106(b) petition. In
addition, this document describes EPA's
process for reviewing the petitions.
-------
July 1992
New Publications
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
July 1992
PB92-922 407
530-R-92-014g
TITLE: "Common Synonyms for Chemicals The reports contain questions that required
Listed Under Section 313 of the Emergency EPA resolution or were frequently asked,
Planning and Community Right-to-Know Act" publications availability, Federal Register
AVAILABILITY: Emergency Planning and summaries, and Hotline call statistics.
Community Right-to-Know Act Hotline
EPA ORDER NO.: EPA/744-B-92-001
This updated document lists chemical, trade,
and common names for substances subject to
§313 reporting requirements. The substances
are listed both alphabetically and by CAS
number.
OTHER
TITLE: "Monthly Hotline Report"
AVAILABILITY: NTIS
NTIS ORDER NO.: See below
Yearly Subscription PB92-922 400
530-R-92-014
January 1992
February 1992
March 1992
April 1992
May 1992
June 1992
PB92-922 401
530-R-92-014a
PB92-922 402
530-R-92-014b
PB92-922 403
530-R-92-014c
PB92-922 404
530-R-92-014d
PB92-922 405
530-R-92-014e
PB92-922 406
530-R-92-014f
-------
FEDERAL REGISTERS
FINAL RULES
RCRA
"Used Oil; Correction"
July 1,1992 (57 Efi 29220)
This final rule corrects two typographical
errors in the May 20,1992, final rule on used
oil (57 ER 21524). The rule is effective on
July 1, 1992.
"Utah: Final Authorization of
Hazardous Waste Management
Program Revisions"
July 2,1992 (57 EB 29446)
EPA published an immediate final rule on
May 15,1992 (57 ES 20770), which
announced the Agency's decision to authorize
Utah's revisions to its hazardous waste
program. EPA, after consideration of adverse
comments received, decided to affirm its
decision. This decision is effective July 14,
1992.
"Arsenical-Treated Wood; Technical
Corrections"
July 10,1992 (57 EB 30657)
This final rule amends 40 CFR §261.4(b)(9),
which previously excluded from the
definition of hazardous waste only those
arsenical-treated wood and wood products
that failed the Toxicity Characteristic for
arsenic. This rule excludes from the
definition of hazardous waste arsenical-treated
wood and wood products which fail the
Toxicity Characteristic for D004-D017. The
effective date of this rule is July 10,1992.
"Arizona: Final Authoriatfon of
Hazardous Waste Program
Revisions"
July 13,1992 (57 EB 30905)
This final rule announces that, subject to
public review and comment, Arizona's
hazardous waste program revisions, except
corrective action, satisfy all of the
requirements necessary to quality for final
authorization. EPA has determined that
Arizona's corrective action provisions qualify
the State for interim authorization only. Final
authorization for Arizona will be effective
September 11,1992, unless EPA publishes a
Federal Register action withdrawing this
immediate final rule.
"California: Final Authorization of
Hazardous Waste Management
Program"
July 23,1992 (57 EB 32726)
In this final rule, EPA granted final
authorization to California for the operation of
its hazardous waste program. Final
authorization for California will be effective
on August 1,1992.
Copies of RCRA Federal Registers are available through the Hotline by calling a Document Specialist at
1-800-424-9346.
10
-------
Federal Registers
July 1992
"Georgia: Final Authorization of
Hazardous Waste Proram Revisions"
July 30,1992 (57 EB 33638)
EPA has approved revisions to Georgia's
Hazardous Waste Program, which included a
provision addressing RCRA §§3004(t)(2) and
(3). This action is necessary to de-authorize
Georgia for this provision. The effective date
is July 30,1992.
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
"Hazardous Materials Transportation;
Registration and Fee Assessment
Program"
July 9,1992 (57 EB 30620)
The Research and Special Programs
Administration (RSPA) Office of DOT
established a national registration program for
persons engaged in the transportation of
certain hazardous materials. This rule is
effective August 31,1992.
PROPOSED RULES
CERCLA
"Proposal to Delete the Big River-Sand
Company Site from the National
Priorities List"
July 9,1992 (57 EB 30452)
This proposed rule announces EPA's
intention to delete the Big River Sand
Company Site from the National Priorities
List. Comments concerning this site may be
submitted on or before August 10,1992.
NOTICES
RCRA
"Information Collection Request;
Cement Kiln Dust Waste"
July 2,1992 (57 EB 29487)
This notice requires cement manufacturing
facilities with active kilns to submit
information to EPA on their cement kiln dust
waste management practices. This
information will help EPA submit a detailed,
comprehensive Report to Congress on cement
kiln dust waste, required by RCRA §8002(o).
Comments must be submitted on or before
August 3,1992.
"Notice of Meeting Location Change"
July 10,1992 (57 EB 30708)
This notice changes the location of the
July 15,1992, Roundtable Discussion of the
contaminated media and corrective action
issues raised by the recently proposed
Hazardous Waste Identification Rule (57 FR
21450).
"Extension of Comment Period for the
Proposed Hazardous Waste
Identification Rule (57 EB 21450)"
July 14,1992 (57 EB 31164)
This notice extends the comment period for
the proposed Hazardous Waste Identification
Rule (57 EE 31164) from July 20,1992, until
July 24,1992.
Copies of RCRA Federal Registers are available through the Hotline by calling a Document Specialist at
1-800-424-9346.
11
-------
Federal Registers
NOTICES
July 1992
CERCLA
"Early Eft Mlnlmls Waste Contributor
Settlements'*
July 1,1992 (57 EB 29312)
EPA published a guidance document entitled
"Methodology for Early De Minimis
Settlements under CERCLA Section
122(g)(l)(A)." This guidance document
identifies a methodology whereby d£ minimis
parties can resolve their liability early in the
response process, without the need for
extensive negotiation. This guidance is
effective immediately.
"Proposed Consent Decree for
Cannons Engineering Corporation"
July 2,1992 (57 EB 29535)
The proposed Consent Decree in United
States v. Cannons Engineering Corporation
was lodged with the United States District
Court for the District of Massachusetts on
June 17,1992. The proposed Consent Decree
resolves claims against the defendant for
contamination at four Superfund sites.
Comments will be accepted for 30 days from
the date of this notice.
"Proposed Consent Decree for Modern
Trash Removal of York, Inc."
July 2,1992 (57 EB 29535)
The proposed Consent Decree in United
States v. Modern Trash Removal of York. Inc..
was lodged with the United States District
Court for the Middle District of Pennsylvania
on June 16,1992. The proposed Consent
Decree would settle allegations that the
defendant is liable for response costs at the
Modem Landfill Superfund Site. Comments
will be accepted for 30 days from the date of
this notice.
"Proposed Consent Decree for Re-Solve,
Inc."
July 2,1992 (57 EB 29535)
The proposed Consent Decree in United States v.
Re-Solve. Inc.. was lodged with the United States
District Court of Massachusetts on
June 18,1992. The proposed Consent Decree
requires eight generators, who arranged to have
hazardous substances sent to Re-Solve Inc.,
Superfund site, pay the United States
approximately $1.2 million. Comments will be
accepted for 30 days from the date of this notice.
"Lodging of Consent Decree with the
Union Electric Company"
July 14,1992 (57 EB 31211)
A proposed Consent Decree in United States v.
Union Electric Company was lodged with the
United States District Court for the Eastern
District of Missouri, Southeastern Division, on
June 29,1992. The settling parties have agreed
to conduct a soil remedial action and a
groundwater investigation at the Missouri
Electric Works, Inc., Superfund Site and to
reimburse the United States for all future
response costs associated with such work.
Comments will be accepted for 30 days.
"Lodging of Consent Decree with U.T.
Alexander, et al."
July 16,1992 (57 EB 31532)
The Consent Decree in United States v. U.T.
Alexandria, et al.. was lodged with the United
States District Court for the Southern District of
Texas on July 2,1992. The Consent Decree
seeks injunctive relief and reimbursement of
costs incurred by the United States in responding
to the release or threat of release of a hazardous
substance from the Motco (formerly Petro
Processors) Site in Lamarque, Texas.
12
-------
July 1992
NOTICES
Federal Registers
"Update of the Federal Agency
Hazardous Waste Compliance Docket
Pursuant to CERCLA §120(c)"
July 17,1992 (57 F_B 31758)
This notice provides the sixth update of the
Federal Agency Hazardous Waste Compliance
Docket pursuant to CERCLA §120(c). The
docket contains certain information regarding
Federal facilities that manage hazardous waste
or from which hazardous substances may be
or have been released.
"Proposed Administrative Settlement
for Alaskan Battery Enterprises Site
in Fairbanks, Alaska"
July 22,1992 (57 F_B 32542)
EPA agreed to resolve past and estimated
future liabilities of 27 d£ minimis parties for
costs associated with the Alaskan Battery
Enterprises Site in Fairbanks, Alaska.
Comments will be accepted on or before
August 21,1992.
"Consent Decree for Allied Products
Corp."
July 27,1992 (57 F_B 33210)
A consent decree in United States v. Allied
Products Corp. was lodged with the United
States District Court for Northern District of
Iowa on July 14,1992. As part of the
settlement in this case, Allied Products Corp.
will perform a remedial action at the site, and
will reimburse the United States for costs
incurred subsequent to the date of entry of the
Consent Decree. Comments will be accepted
for 30 days from July 27,1992.
"Consent Decree for United States of
America v. Automation Components.
Inc."
July 27,1992 (57 F_H 33210)
This notice announces that three proposed
consent decrees in United States v.
Automation Components. Inc.. were lodged
with the United States District Court for the
District of New Jersey. Comments will be
accepted for 30 days from July 27, 1992.
"Settlement Agreement with National
Wildlife Federal"
July 27,1992 (57 F_fi 33211)
This notice announces that the United States
District Court for the District of
Massachusetts approved and entered a
settlement agreement between the United
States and Massachusetts, and Intervenor
National Wildlife Federal in United States v.
AVX Corporation. The provisions of the
agreement seek to settle natural resource
damages claims under §107 of CERCLA.
"Consent Decree for Cannons
Engineering Corporation"
July 29,1992 (57 F_R 33522)
On July 20,1992, a proposed consent decree
in United States v. Cannons Engineering
Corporation was lodged with the United States
District Court for the District of
Massachusetts. The decree resolves claims of
the United States against Scott Brass, Inc., for
contamination at three Superfund sites.
Comments will be accepted for 30 days from
July 29,1992.
13
-------
Federal Registers {{^••••^•fTKTPSPTSi^^HHI^I Ju'V1992
NOTICES
"Proposed Administrative Settlement
for the Wilson Drain Site"
July 30,1992 (57 EB 33727)
EPA is proposing to enter into a cost recovery
settlement agreement under §122(h)(l) of
CERCLA. The proposed settlement is
intended to resolve the liability of two parties
for response costs incurred at the Wilson Drain
Site in Westland, Michigan. EPA will accept
comments on or before August 31,1992.
"Proposed Administrative Settlement
for J2fi Minlmls Parties at the Tonalli
Corporation Superfund Site"
July 31,1992 (57 EB 33959)
EPA is proposing to enter into a d£ minimis
settlement pursuant to CERCLA §122(g)(4).
This proposed settlement is intended to resolve
the liabilities of 170 de minimis parties for
response costs incurred and to be incurred at
the Tonalli Corporation Superfund Site in
Nesquehoning, Pennsylvania. EPA will accept
comments on or before August 31,1992.
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
"Initial List of Categories of Sources
Under §112(c)(1) of the Clean Air Act
Amendments of 1990"
July 16,1992 (57 EB 31576)
EPA published an initial list of categories of
major and area sources of hazardous air
pollutants (HAPs), as required under
§ 112(c)(l) of the Clean Air Act, as amended,
in 1990.
14
-------
CALL ANALYSES
CALLS ANSWERED BY HOTLINE
July Daily Volume*
600 -r
500 --
400
300 -•
200 - •
100 -
0 •
Emergency Planning and
Community Right-to-Know
1 1 1 1 1 1 1 1 1 1 1— — i 1 1 1 1 1 1
I 5,710 |
i i i i
8 9 10 13
14 15 16 17 20 21
Year to Date*
22 23 24 27 28 29 30- 31
RCRA/SF/OUST
January
February
March
April
May
June
July
Month
11,534
11,476
12,333
11,082
13,586
11,837
11,049
Cumulative
23,010
35,343
46,425
60,011
71,848
82,897
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
January
February
March
April
May
June
July
Month
3,583
4.943
3,159
3,012
4,131
9,505
5,710
Cumulative
8,526
11,685
14,697
18,828
28,333
34,043
*A11 calls answered by the Call Management System.
15
-------
Call Analyses
July 1992
CALLS ANSWERED BY TYPE
800
600 -•
500 -•
400 --
300 --
200
July Daily Volume*
113.0621
X
Documents
1 1 1 1 1 1 1
-*S--
Referrals
— i 1 1 1 1 1 1 1—
| 3,981
1 1,795
— i 1 1 1 1 1
9 10 13 14 15 16 17 20 21 22 23 24 27 28 29 30 31
Year to Date*
January
February
March
April
May
June
July
Questions
Month
11,930
12,338
11,755
10,734
12,885
17,092
13,062
Cumulative
24,268
36.023
46,757
59,642
76,734
89,796
Documents
January
February
March
April
May
June
July
Month
4,276
3,822
4,152
3,899
5,625
4,802
3,981
Cumulative
8,098
12.250
16,149
21,774
26,576
30,557
Referrals
January
February
March
April
May
June
July
Month
1,505
1,831
1,390
1,144
1,396
1,535
1,795
Cumulative
3,336
4.726
5.870
7.266
8,801
10,596
All calls answered by die Call Management System. A single call may result in multiple questions combined with document
requests and referrals.
16
-------
July 1992
Call Analyses
CALLS ANSWERED BY PROGRAM AREA
July 1992*
UST
2%
(383)
'Based on 17,043 requests and excludes 1,795 referrals made from both Hotlines.
Year to Date"
January
February
March
April
May
June
July
RCRA
Month
60%
(9,564)
55%
(8,860)
66%
(10,410)
61%
(8,913)
66%
(12,134)
45%
(9,878)
54%
(9,210)
Cumulative
57%
(18,424)
60%
(28,834)
60%
(37,747)
62%
(49,881)
57%
(59,759)
57%
(68,969)
Superfund
Month
12%
(2,065)
11%
(1,823)
10%
(1,638)
13%
(1,957)
8%
(1,555)
8%
(1,773)
9%
(1,446)
Cumulative
12%
(3,888)
12%
(5,526)
12%
(7,483)
11%
(9,038)
11%
(10,811)
10%
(12,257)
OUST
Month
4%
(640)
3%
(483)
3%
(488)
5%
(665)
3%
(551)
2%
(452)
2%
(383)
Cumulative
3%
(1,123)
3%
(1,611)
4%
(2,276)
3%
(2,827)
3%
(3,279)
3%
(3,662)
Emergency Planning &
Community Rlght-to-Know
Month
24%
(3,937)
31%
(14,994)
21%
(3,371)
21%
(3,098)
23%
(4,270)
45%
(9,791)
35%
(6,004)
Cumulative
28%
(8.931)
25%
(12,302)
24%
(15,400)
24%
(19,670)
29%
(29,461)
30%
(35,465)
Based on 120,353 requests and excludes 10,596 referrals made from both Hotlines
17
-------
Call Analyses
July 1992
CALLER PROFILE
RCRA/SF/OUST Hotline
Regulated Community 8,219
Citizens 626
State & Local Gov't./Native American 243
Federal Agencies 134
Educational Institutions 104
EPA 115
Other 50
Media 13
Interest Groups 40
Congress 2
Referrals 1,495
International 8
TOTAL
11,049
State/Local Govt/
Native American
3%
Federal Agencies
1%
All Others
3%
Citizens
7%
Regulated
Community
18
-------
July 1992
Call Analyses
Emergency Planning and
Community Right-to-Know Hotline
Manufacturer
Food/Tobacco 311
Textiles 60
Apparel 17
Lumber & Wood 53
Furniture 62
Paper 69
Printing & Publishing 80
Chemicals 861
Petroleum & Coal 79
Rubber and Plastics 136
Leather 7
Stone, Clay & Glass 76
Primary Metals 181
Fabricated Metals 494
Machinery (Excluding Electrical) 90
Electrical&Electronic Equipment 207
Transportation Equipment 128
Instruments 55
Misc. Manufacturing 153
Not Able to Determine 272
Subtotal 3,391
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
Native Americans
Laboratories
Misc.
Referrals
International
TOTAL
1,013
393
227
24
20
32
0
14
50
23
32
29
22
0
37
19
1
22
0
34
25
300
2
5,710
All Others
7%
Attorneys
7%
Citizens
4%
Consultants/
Engineers
19%
19
-------
Call Analyses
July 1992
HOTLINE TOPICS
RCRA
Special Wastes
Ash 10
Mining Wastes, Bevill 21
Medical Wastes 287*
Oil and Gas 11
Subtitle C Wastes
Hazardous Waste Id. (General) 1,802*
Toxicity Characteristic 190
Wood Preserving 34
Listing of Used Oil 531*
Fluff 20
Radioactive Mixed Waste 26
Delisting Petitions 27
Hazardous Waste Recycling 163
Generators 529
Small Quantity Generators 147
Transportation/Transporters 76
TSDFs General 367
TSDFs Siting Facilities 15
TSDFs Capacity 18
TSDFs Treatment 89
TSDFs Burning 69
TSDFs Storage 84
TSDFs Disposal 73
Land Disposal Restrictions 750*
Permits and Permitting 210
Corrective Action 146
Financial Liability/Enforcement 63
Test Methods 294
Health Effects 24
Waste Min. Pollution Prevention 56
State Programs 70
Hazardous Waste Data 47
Household Hazardous Waste 249
Subtitle D (General) 193
Siting Facilities 24
Combustion 16
Industrial Waste 0
Composting 5
Source Reduction/Poll. Prev. 55
Grants & Financing 4
Procurement (General) 7
Building Insulation 0
Cement & Products with Fly Ash 3
Paper & Paper Products 3
Re-refined Lubricating Oil 4
Retread Tires 3
Solid Waste Recycling (General) 303*
Aluminum 5
Batteries 11
Glass 2
Paper 14
Plastics 24
Tires 83
Used Oil 68
Markets (General) 35
Aluminum 0
Batteries 3
Compost 0
Glass 0
Paper 3
Plastics 6
Tires 23
Used Oil 7
RCRA General 1308*
TOTAL 9,2101
1 Includes 2,165 RCRA document requests.
SUPERFUND
General/Misc. 176
Access & Information Gathering 13
Administrative Record 4
Allocations from Fund 4
ARARs 43
CERCLIS 115
Citizen Suits 7
Cleanup Costs 14
Cleanup Standards 25
Community Relations 14
Contract Lab Program (CLP) 11
Contractor Indemnification 4
Contracts 10
Definitions 7
Emergency Response 5
Enforcement 11
Exposure Assess./Risk Assess. 29
Federal Facilities 10
Fund Balancing 5
Grants 4
Hazardous Substances 116*
Health/Toxics 5
HRS 31
20
* Hot topics for this month.
• Topics are calculated as the summation of all questions received by the Hotline. A single call may result in multiple
questions.
-------
July 1992
Call Analyses
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 m/Right-to-Know
82*
0
5
0
34
25
155*
2
3
4
12
27
0
9
12
26
5
7
18
34
182*
38
27
6
3
3
9
55
TOTAL 1,44^
^Includes 355 Superfund document requests.
OUST
General/Misc. 158
Applicability/Definitions 29
Regulated Substances 24
Standards for New Tank Systems 17
Tank Standards and Upgrading 5
Operating Requirements 10
Release Detection 26
Release Reporting & Investigation 12
Corrective Action for USTs 11
Out-of-Service/Closure 17
Financial Responsibility 51
State Programs 9
Liability^Enforcement 10
LUST Trust Fund 4
TOTAL 3833
3 Includes 133 OUST document requests.
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
Title m General 580
§301-3 Emergency Planning
General 221
SERCs/LEPC 8
Notification 9
Mixtures 0
Extremely Hazardous Substances 19
Delisting EHS 0
Exemptions 3
§304:
General 28
Notification Requirements 14
Reportable Quantities 13
RQs vs. TPQs 4
Transportation 0
Exemptions 5
§311/312:
General 188
MSDS Reporting Requirements 167
Tier l/H Regulations 32
Thresholds 40
OSHA Expansion 0
Hazard Categories 4
Mixtures 5
Exemptions 7
§313:
General
FormR
Thresholds
Phase I
Phase H
Phase m
Pollution Prevention
NONs/NOTEs
Petitions
Health Effects
Database
Exemptions
1,904*
1,732*
149
50
12
4
570*
6
10
1
29
66
Training:
General 1
§305 Training Grants 0
§305 Emergency Systems Review 0
§ 126 (SARA) Training Regulations 0
* Hot topics 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
-------
Call Analyses
July 1992
General:
CEPP Interim Guide
Chemical Profile
NRT-1
Hazard Analysis
Risk Communication
Title m Workshops
Information Management
Prevention ARIP
Other
0
2
0
1
0
0
0
0
4
Trade Secrets
Enforcement
Liability
2
111
3
TOTAL 6,0043
4Includes 1,328 Emergency Planning Community
Right-To-Know document requests.
TOTAL HOTLINE QUESTIONS,
DOCUMENT REQUESTS AND
REFERRALS:
18338
22
• Topics arc calculated as the summation of all questions received by the Hotline. A single can may result in multiple
questions.
-------
LIST OF ADDRESSEES:
SEP 25 1992
EdAbrams,OS-332
Jennifer Anderson, EPA-Reg. 7
Kate Anderson, OS-S20
Irene Atney-Yurdin, DOE-NY
Jennifer Barker, OS-30S
Beth Behrens, EPA-NEIC
Kathy Bishop, OS-210
John Bosky, EPA-Kansas City
Brett Bowhan, DOE-Idaho
Susan Bromm, OS-500
Rkk Brandes, OS-330
Karen Brown, A-149C
Nancy Browne, OS-520
Kathy Bruncske, OS-305
Karen Burgan,OS-l 10
Heather Burns, Hotline
Diane Buxbaum, EPA-Reg. 2
SabrinaCallihan, 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-320W
Elaine Davies, OS-100
Jeffery Denit, OS-300
Lynn DePont, OS-305
Director, RED, LE-134S
DaveEberly,OS-343
Chris Elias, CA Dept. of Health
Terry Escarda, CA Dept. 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
Kamy Jones, OS-210
Tim Jones, OS-301
GaryJonesi,LE-134S
Ron Josephson, OS-333
TonyJover,OS-120
Robert Kayser, OS-333
Jeff Kelly, OS-520
Mitch KidwcU, OS-332
Bob Kievit, EPA- Olympia, WA
Jerry Killiane, GAO
William Kline, OS-322W
Robert Knox.OS-130
Dan Kovacks, Hotline
WakerKovalick, OS-110
Judy Lebowich, WH-550E
Henry Longest, OS-100
JimLoomis, FLERC
Sylvia Lowrance, OS-300
Julia Lebee, EPA-Reg. 4
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 Meares, 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, ED
Jim Radle, Jr., EPA-Reg. 9
John RUey, OS-210
Barbara Roth, OS-305
Debbie Rutherford, OS-420WF
William Sanjour, OS-330
Sam Sasnett, TS-779
Tun Schoepke, TS-793
Jay Silberman, US Coast Guard
Stergios Spanos, NH DBS
Elaine Stanley, OS-500
Kathie Stein, LE-134S
Heather Stockard, DEC-Alaska
Kamy Teenier, Hotlioe
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
Mia Zmud, OS-305
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
------- |