EPA530-R-92-014K PB92-922411 MONTHLY HOTLINE REPORT November 1992 RCRA/SF/OUST and Emergency Planning and Community Right-to-Know Hotline Questions and Answers Resource Conservation and Recovery Act (RCRA) 1 Emergency Planning and Community Right-to-Know Act 2 New Publications Resource Conservation and Recovery Act (RCRA) ............................... 5 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) [[[ 6 Other 6 f n • Federal Registers I AN' • HO; Final Rules [[[ 1 ................. 9 Proposed Rules ................... tMitil^ilL.^i;^.:lr::J.i.|ikauta.^wjjWfc,v4 ................. 10 Notices ................................ ^.J^^L^m,^: ........ - ................. 10 Call Analyses Calls Answered 17 Caller Profiles 20 Hotline Topics 22 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 ------- HOTLINE QUESTIONS AND ANSWERS RCRA 1. Municipal Solid Waste Landfill Criteria On October 9,1991, EPA issued a final rule establishing minimum national standards for municipal solid waste landfills (MSWLFs). Most provisions of the rule will be effective October 9,1993 (56 ER 51017). All MSWLF units that receive waste after October 9,1991 (the date the rule was published), but stop receiving waste prior to the effective date must still meet certain final cover requirements at closure. If a landfill consists of three cells, and two of the cells closed before October 9,1991, is the entire landfill subject to the new final cover requirements or just the one cell that received waste after the date of publication? The new final cover requirements only apply to the third cell that continued to receive waste after the publication date of the final rule for MSWLFs. The regulations state that the new final cover standards apply to MSWLF units receiving waste after October 9,1991 (40 CFR §258.1). Each landfill cell constitutes a separate MSWLF unit The two cells (units) which stopped receiving waste before publication of the final rule are not subject to the new final cover requirements or any other Pan 258 requirement. The cell that continued to receive waste between the publication date in 1991 and the effective date in 1993 is subject only to the final cover requirements of 40 CFR §258.60(a). In addition to the new final cover standards, all Part 258 requirements will apply to the third MSWLF unit if it continues to receive waste after October 9, 1993. Note that states may have more stringent requirements regarding final cover, closure requirements, and solid waste facilities in general. 2. Reclaimed Commercial Products: Regulatory Status The owner of a facility collects used railroad ties that were treated with a wood preservative containing creosote. When the owner has accumulated a sufficient amount of railroad ties he bakes them to draw out the creosote. Once this process is complete, the reclaimed creosote can be used as a wood preservative without further processing. A drum of this creosote leaked into the soil. How is the resulting contaminated soil regulated upon disposal? The creosote-contaminated soil must be managed as U051. The recovered creosote formulation is classified as a product because the creosote has been reclaimed from the railroad ties and requires no additional processing before it can be beneficially used (40CFR261.3(c)(2)). Upon leaking into the soil, the creosote is classified as a solid waste pursuant to §261.2(b). The generator must then determine whether this solid waste is a hazardous waste. Sections 261.33(e) and (f) designate certain commercial chemical products as hazardous wastes when discarded. Specifically, §261.33(d) defines commercial chemical product in part as any commercial or technical grade of a product, or any formulation in which the listed chemical is the ------- Hotline Questions and Answers November 1992 sole active ingredient. Assuming the reclaimed creosote is the only chemically active component for the function of the wood preservative (i.e., the sole active ingredient), and the discarded material meets the definition of a solid waste per §261.2(b), the discarded creosote is classified as UOS1. Since the soil is contaminated with U051, it is subject to regulation as a hazardous waste in accordance with EPA's "contained-in" policy, which requires all media (i.e., debris, soil, groundwater, sediment) that contain listed hazardous wastes to be managed as listed hazardous wastes. The soil, therefore, would have to be handled as a hazardous waste (U051) until it is decontaminated or until the hazardous waste is delisted (see, for example, 56 EE 24444,24456; May 30,1991). 3. Beryllium Dust (P015); Applicability Beryllium is listed in 40 CFR §261J3(e) as an acutely hazardous waste (P015). Does the P01S listing apply to all forms of unused beryllium that are discarded? The hazardous waste listing P015 applies only to unused commercial chemical product beryllium dust that is discarded (see §261.33(d) for a definition of commercial chemical product). On May 19,1980, beryllium dust was listed in an interim final rule as an acutely hazardous waste in 40 CFR §261.33(e) because of its acute toxicity to humans when inhaled (45 EE 33084). The listing was finalized on November 25,1980 (45 Efc 78532). In the April 22,1988, federal Register, which made technical corrections to the list of commercial chemical products in §§261.33(e) and (f), the word "dust" was inadvertently omitted from the listing (53 ER. 13382). Despite this omission, the applicability of the listing remains unchanged The April 22, 1988, Federal Register was intended only to amend certain typographical errors in the hazardous waste lists. EPA never proposed to change the listing from "beryllium dust" to "beryllium" and does not intend the listing to apply to beryllium. Therefore, despite this typographical error in 40 CFR §261.33(e), the scope of the listing remains unchanged, and the hazardous waste code P015 applies only to beryllium dust. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW 4. Supplier Notification Under EPCRA§313 Chemicals are routinely added to or deleted from the existing EPCRA §313 list of toxic chemicals. When must I begin providing a supplier notification (40 CFR §372.45) for a newly added chemical? What about chemicals that were covered for calendar years 1987 and 1988? For a chemical added on or after January 1 and before December 1 of any calendar year, supplier notifications are to be provided with the first shipment of the chemical in the following calendar year and every year thereafter. For example, a chemical added on April 1,1991, requires a notification beginning with the first shipment of the chemical in the 1992 calendar year. For a chemical added on or after December 1 of any calendar year and before January 1 of the next calendar year, supplier notifications are to be provided with the first shipment of the chemical in the year following the next calendar year and every year thereafter. For example, a chemical added on December 10,1991, requires a notification beginning with the first shipment of the chemical in the 1993 calendar year. ------- November 1992 Hotline Questions and Answers Supplier notifications were not required to be made during calendar years 1987 or 1988. The first notifications were made with the first shipment of a toxic chemical in the 1989 calendar year. All chemicals subject to the Form R reporting requirements on January 1, 1989, were subject to the supplier notification requirements. Once a chemical is deleted, supplier notification is no longer required. 5. Wastepile Releases Under EPCRA§313 A facility continually places material containing a toxic chemical on the land in a pile during a calendar year. The facility is intending to have the pile hauled off-site during the next calendar year. Must the facility report the toxic chemical in the pile as released to land for the calendar year in which it places the material in the pile? (In the following answer, it is assumed that the material is being transferred off-site for the purpose of disposal, treatment, energy recovery, or recycling.) Material that is added to a pile during a calendar year does not have to be reported, for that calendar year, as a release to land if the pile was used only for temporary storage. EPA will consider that the pile was used for temporary storage if the facility routinely made off-site transfers of material from the pile during that calendar year. The facility should be able to demonstrate that they conducted such routine transfers. If a facility did not make such routine transfers during a calendar year in which material was added to the pile, EPA will consider that the pile was for disposal, and the quantity of toxic chemical placed on the pile during that calendar year and present at the end of that year must be reported as a release to land, regardless of the facility's intention to transfer the material off-site in an ensuing year. If, in an ensuring year, such material is transferred off-site, the movement would be counted as a transfer off-site even though this entails double counting. 6. Chlorine Added to Pool Water: Form R Reporting A facility maintains a swimming pool on the facility site for recreational use by the facility employees. Chlorine is used to treat the swimming pool water. Is the chlorine so utilized by the facility subject to threshold and release calculations under EPCRA §313? No. The chlorine used to treat the swimming pool water is exempt from threshold and release calculations under the exemption found at 40 CFR §372.38(c)(2) for use of products for routine janitorial or facility grounds maintenance. ------- NEW PUBLICATIONS HOW TO ORDER NT1S 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/Supertund/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: "Environmental Fact Sheet: Municipal Solid Waste Prevention in Federal Agencies" AVAILABILITY: Hotline EPA ORDER NO.: 530-F-92-016 This fact sheet describes the ample municipal solid waste reduction opportunities existing in Federal agencies. Source reduction is the design, manufacture, purchase, or use of materials or products to reduce their amount or toxicity before they enter the wastestream. TITLE: "Environmental Fact Sheet: EPA Issues Final Rule Regarding Liquids in Hazardous Waste Landfills" AVAILABILITY: Hotline EPA ORDER NO.: 530-F-92-030 This fact sheet discusses the final regulations that (1) minimize the disposal of containerized liquid hazardous waste in landfills, (2) minimize the presence of free liquids in containerized hazardous waste to be disposed of in landfills, and (3) prohibit the disposal in landfills of liquids that have been absorbed in materials that biodegrade or that release liquids when compressed, as might occur during routine landfill operations. TITLE: "Environmental Fact Sheet: Wastes Generated During the Manufacture of Chlorinated Toluenes Listed as Hazardous" AVAILABILITY: Hotline EPA ORDER NO.: 530-F-92-028 This fact sheet describes three new hazardous wastestreams generated during the production of chlorinated toluenes. The newly listed wastes are K149, K150, and K151, and are listed for toxicity, carcinogenicity, and/or mutagenicity. TITLE: "Environmental Fact Sheet: Final Modifications to the Wood Preserving Regulations" AVAILABILITY: Hotline EPA ORDER NO.: 530-F-92-029 On December 6,1990, EPA published a final rule listing three categories of wood preserving wastes as "hazardous." This fact sheet outlines modifications to that rule, which subjected the management of these wastes to regulations under RCRA and established standards for managing hazardous wastes on drip pads, a containment and collection system commonly used in the wood preserving industry. ------- New Publications November 1992 CERCLA TITLE: "Regional Guide: Issuing Site- Specific Treatability Variances for Contaminated Soils and Debris from Land Disposal Restrictions (LDR)" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 284 This document describes what type of land disposal restrictions (LDR) variance authority has been delegated to the Regions and why. Additionally, information is provided on regulatory requirements and procedures for granting site-specific treatability variances under RCRA. TITLE: "Conducting Treatability Studies Under RCRA" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 501 This document provides an overview of conducting treatability studies under RCRA, including the treatability studies exemption rule, research development and demonstration permits, Subpart X permits, and corrective action at Superfund sites. A table in the document lists those states authorized to implement the different treatability studies rules. TITLE: "ARARs Fact Sheet: Compliance with the Clean Air Act and Associate Air Quality Requirements" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 282 This fact sheet provides updated guidance on compliance with the Clean Air Act, as amended November 1990 (42 US£ §§7401 et seq.) and related air quality rules under other environmental statutes. It also addresses developing applicable or relevant and appropriate requirements (ARARs) policies and identifying and complying with ARARs at specific sites. TITLE: "Superfund Qualified Disadvantaged Business Utilization in State Reponse" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-963 283 This fact sheet concentrates on disadvantaged business enterprise use in cases where states are managing the cleanup of National Priority List (NPL) sites. It introduces the Superfund process, focuses on disadvantaged business enterprise participation and involvement in state Superfund programs, provides a regulatory context for contracting practices, and offers addtional information sources. 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 PB92-922401 530-R-92-014a PB92-922402 530-R-92-014b PB92-922 403 530-R-92-014c PB92-922404 530-R-92-014d PB92-922 405 530-R-92-014e ------- November 1992 New Publications June 1992 July 1992 August 1992 September 1992 October 1992 November 1992 PB92-922 406 530-R-92-014f PB92-922 407 530-R-92-014g PB92-922408 530-R-92-014H PB92-922409 530-R-92-0141 PB92-922410 530-R-92-014J PB92-922411 530-R-92-014k The reports contain questions that required EPA resolution or were frequently asked, publications availability, Federal Register summaries, and Hotline call statistics. ------- FEDERAL REGISTERS FINAL RULES RCRA "Hazardous Waste Management; Liquids in Landfills" November 18,1992 (57 EB 54452) This final rule prohibits the disposal in hazardous waste landfills of liquids that have been sorbed in materials that biodegrade or that release liquids when compressed. This rule is effective May 18,1993. "Arizona; Final Authorization of State Hazardous Waste Management Program Revisions" November 23,1992 (57 EB 54932) Arizona received final authorization for revisions to its hazardous waste program, including mixed waste and corrective action. This final authorization is effective January 23, 1993, unless EPA publishes a prior Federal Register action withdrawing this immediate final rule. Comments must be received by December 23,1992. "Identification and Listing of Hazardous Waste; Toxicity Characteristic Revision" November 24,1992 (57 EB 55114) EPA amended its regulations for testing conducted to evaluate a solid waste for the toxicity characteristic. Specifically, this rule removes the quality assurance requirement found in Method 1311, the Toxicity Characteristic Leaching Procedure, for correcting measured values for analytical bias. This rule is effective November 24, 1992. "Georgia; Final Authorization of Revisions to State Hazardous Waste Management Program" November 25,1992 (57 EB 55466) Georgia received final authorization for revisions to its hazardous waste program. This final authorization will be effective January 25,1993, unless EPA publishes a prior Federal Register action withdrawing this immediate final rule. Comments must be received by December 28,1992. CERCLA "Citizen Suits Under §310 of CERCLA" November 23,1992 (57 EB 55038) This final rule prescribes the manner in which notice of citizen suits is to be provided as required by §310 of CERCLA. This final rule is effective January 22,1993. Copies of RCRA Federal Registers are available through the Hotline by calling a Document Specialist at 1-800-424-9346. ------- Federal Registers November 1992 PROPOSED RULE CERCLA "Administrative Reporting Exemptions for Certain Radionuclide Releases" November 30,1992 (57 £B 56726) This proposed rule requests comments on certain administrative exemptions from the notification requirements under §103 of CERCLA. Proposed exemptions include releases of naturally occurring radionuclides from large generally undisturbed land holdings. Comments must be submitted on or before January 29,1993. NOTICES RCRA "Availability of Handbook of RCRA Ground-Water Monitoring Constituents" November 5,1992 (57 EB 52773) EPA announced the availability of a reference handbook entitled Handbook of Ground-Water Monitoring Constituents: Chemical and Physical Properties. This document provides specific chemical and physical properties and SW-846 analytical methods for the constituents listed in 40 CFR Part 264, Appendix DC. "Proposed Consent Decree for B&L Corporation" November 5,1992 (57 EB 52795) On October 28,1992, a proposed Consent Decree in United States v. B&L Corporation was lodged with the U.S. District Court for the District of New Jersey. The proposed Consent Decree settles the United States' claims that the defendant violated various provisions of RCRA. Comments must be submitted by December 5, 1992. "Proposed Consent Decree for L&L Oil Service, Inc." November 5,1992 (57 £B 52796) A proposed Consent Decree in United States v. L&L Oil Service. Inc.. was lodged with the U.S. District Court for the District of New Jersey on October 28,1992. The proposed Consent Decree settles the United States' claims that L&L Oil Service, Inc., violated various provisions of RCRA. Comments must be submitted by December 5,1992. "Rhode Island; Approval of State Underground Storage Tank Program" November 13,1992 (57 EB 53870) EPA intends to grant final approval to Rhode Island to operate its underground storage tank program in lieu of the Federal program. A public hearing is scheduled for December 10, 1992. All comments must be received by December 10,1992. "Open Meeting of the Negotiated Rulemaking Advisory Committee for the Hazardous Waste Manifest Rule" November 17,1992 (57 EB 54203) EPA announced the establishment of an advisory committee to negotiate a rule outlining a uniform national hazardous waste manifest. The committee will meet on December 15-16, 1992, in Washington, DC. Copies of RCRA federal Registers are available through the Hotline by calling a Document Specialist at 1-800-424-9346. 10 ------- November 1992 Federal Registers NOTICES "Agency Information Collection Activities Under OMB Review" November 18,1992 (57 EB 54392) This notice announced the Office of Management and Budget's responses to various EPA Paperwork Reduction Act clearance requests, including a request to clear the 1991 Hazardous Waste Report. "Establishment and Open Meeting of the Dialogue Committee on Phosphoric Acid Production Wastes" November 24,1992 (57 EB 55253) EPA gave notice of the establishment of the Phosphoric Acid Production Waste Advisory Committee. This Committee will assist EPA in performing its duties as set out in the Toxic Substances Control Act and RCRA. The Committee's first meeting will be held on December 9,1992, in Washington, DC. "Environmental Economics Advisory Committee; Open Meeting" November 30,1992 (57 EB 56582) The Environmental Economics Advisory Committee will meet on December 18,1992, in Washington, DC. The main purpose of the meeting is to review a draft study titled Methods for Measuring Non-Use Values: A Contingent Valuation Study of Groundwater Cleanup for EPA's Office of Solid Waste. CERCLA "Proposed Consent Decree for Shell Oil Company" November 3,1992 (57 EB 49720) A proposed Consent Decree in United States v. Shell Oil Company was lodged with the U.S. District Court for the District of Colorado on Copies of RCRA Federal Registers are available through the Hotline by calling a Document Specialist at 1-800-424-9346. October 5,1992. The proposed Consent Decree incorporates a Settlement Agreement previously executed by the parties, with an effective date of February 17,1989. Comments must be received by December 3,1992. "Proposed Consent Decree for the Golden Strip Septic Tank Site" November 5,1992 (57 EB 52794) A proposed Consent Decree in United States v. pASF Corporation, et al.. was lodged on October 27,1992, with the U.S. District Court for the District of South Carolina, Greenville Division. The Consent Decree requires the defendants to implement the remedial action EPA selected for the Golden Strip Septic Tank Site in Simpsonville, South Carolina. Comments must be submitted by December 5,1992. "Operating Industries, Inc., Site; Proposed Administrative Settlement" November 6,1992 (57 EB 53191) This notice corrected a notice of proposed administrative settlement published on October 20,1992 (57 ER 47856). "Availability of Guidance Documents for the Management of Contaminated Patients" November 12,1992 (57 EB 53752) This notice announced the availability of two guidance documents for the management of contaminated patients. These documents are available at no charge by mail through the Agency for Toxic Substances and Disease Registry. 11 ------- Federal Registers November 1992 NOTICES Union Scrap Metal Site in Minneapolis, Minnesota; Three Proposed Consent Decrees" November 12, 1992 (57 EB 53781) Three proposed Consent Decrees in States v. Union Scrap Iron & Metal, et al.. were lodged with the U.S. District Court for the District of Minnesota on November 5, 1992. These Consent Decrees require 59 potentially responsible parties to pay the United States $1,422,200 of its unreimbursed response costs at the Union Scrap Metal Site. Comments must be submitted by December 12, 1992. "Ella Warehouse Drums Site; Proposed Settlement" November 13, 1992 (57 EB 53898) EPA has agreed to settle claims for past response costs at the Ella Warehouse Drums Site in Houston, Texas, with North Loop West Industrial Park and its partners. Comments must be submitted by December 13, 1992. "Proposed Consent Decree for the Newport Dump Site, Wilder, Kentucky" November 13, 1992 (57 EB 53931) On October 29, 1992, a proposed Consent Decree in United States v. City of Newport. etal.. was lodged with the U.S. District Court for the Eastern District of Kentucky. The proposed Consent Decree requires settling defendants to pay $2,400,000 in past costs incurred by EPA at the Newport Dump Site. Comments must be submitted by December 13, 1992. "Proposed Consent Decree for the Newport Dump Site, Wilder, Kentucky" November 13,1992 (57 EB 53931) A proposed Consent Decree in United States v. City of Newport, et al.. was lodged with the U.S. District Court for the Eastern District of Kentucky on October 29,1992. The Consent Decree requires the City of Newport to pay $100,000 in past costs incurred by EPA at the Newport Dump Site. Comments must be submitted by December 13,1992. "Proposed Consent Decree for the Western Processing Site in Kent, Washington" November 13,1992 (57 EB 53932) A proposed Consent Decree in United States v. Western Processing Company, et al.. was lodged with the U.S. District Court for the Western District of Washington on October 7,1992. This proposed Consent Decree requires settling parties to pay $3,636,955 in satisfaction of the United States' claims against them for response cost incurred in connection with the Western Processing Site. Comments must be submitted by December 13,1992. "Announcement of Final Priority Data Needs for 38 Priority Hazardous Substances" November 16,1992 (57 EB 54150) This notice announced the final priority data needs for 38 priority hazardous substances, identified by the Agency for Toxic Substances and Disease Registry. 12 ------- November 1992 Federal Registers NOTICES "Revised Procedures for Conducting Voluntary Research" November 16,1992 (57 F_B 54160) This notice announced the revised procedures for volunteering to conduct research as part of the Agency for Toxic Substances and Disease Registry's Substance-Specific Applied Research Program. Public comments will be accepted throughout EPA's involvement with the voluntary research. "Proposed Administrative Order on Consent; Lowry Landfill Site, Arapahoe County, Colorado" November 18,1992 (57 EB 54404) The terms of an Administrative Order on Consent have been agreed to by various parties concerning the Lowry Landfill Site. The proposed Administrative Order on Consent requires 22 potentially responsible parties to pay $633,790 to resolve their liability to EPA related to response actions taken or to be taken at the site. Comments must be submitted by December 18,1992. "Proposed Consent Decree for Montrose Chemical Corporation of California, et al." November 19,1992 (57 EB 54608) On November 5,1992, a proposed Consent Decree in partial settlement of United States v. Montrose Chemical Corporation of California. etal.. was lodged with the U.S. District Court for the Central District of California. Under the terms of the settlement, settling government agencies will pay $42.3 million for natural resource damages and $3.5 million for response costs at the Montrose Chemical Corporation Site in Los Angeles County, California. Comments must be submitted by December 19,1992. "H. Brown Site in Walker, Michigan; Proposed Settlement" November 20,1992 (57 EB 54790) EPA proposed to settle with parties for remediation of the H. Brown Site who are responsible for less, than 0.1 percent of the total volume of waste sent to the site between 1962 and 1981. These 139 parties will pay a total of $642,814 in settlement payments. Comments must be provided on or before December 21,1992. "Proposed Consent Decree for the Fibers Public Supply Wells Site in Guayama, Puerto Rico" November 20,1992 (57 £R 54857) A proposed Consent Decree in United States v. Anaquest Caribe. Inc.: Phillips Petroleum Company: American Home Products. Inc.: and Chevron Chemical Company was lodged on October 30,1992, with the U.S. District Court for the District of Puerto Rico. The proposed Consent Decree requires the defendants to reimburse the United States $437,000. Comments must be submitted by December 20,1992. "Demonstration Program for State Health Departments to Conduct Health Consultations and Public Health Assessment Activities" November 25,1992 (57 EB 55540) The Agency for Toxic Substances and Disease Registry announced the anticipated availability of FY 1993 funds for a cooperative agreement program for state health departments to build capacity to conduct health consultations. The application form for the funds must be submitted by December 31,1992. 13 ------- Federal Registers November 1992 NOTICES "Proposed Consent Decree for the Sol Lynn/Industrial Transformer Company Site in Houston, Texas" November 25,1992 (57 £B 55570) A proposed Second Modified Consent Decree in United States v. Gulf States Utilities Company was lodged on November 12,1992, with the U.S. District Court for the Houston Division of the Southern District of Texas. The Consent Decree requires the defendant to remove contaminated soil with concentrations more than 25 parts per million PCBs from the site. Comments must be submitted by December 16,1992. "Proposed Consent Decree for Moreco Energy, Inc." November 25,1992 (57 EB 55571) A proposed Settlement Agreement and Stipulated Order in In re Moreco Energy. Inc.. was lodged on November 16,1992, with the U.S. Bankruptcy Court for the Northern District of Illinois, Eastern Division. Under the Agreement, settling parties will pay the United States a total of $875,000. Comments must be submitted by December 15,1992. "BFI-Rockingham Landfill Site, Rockingham, Vermont; Proposed Administrative Settlement" November 27,1992 (57 EB 56340) EPA proposed to enter into a settlement intended to resolve the liability under CERCLA of Disposal Specialists, Inc., and Browning-Ferris Industries of Vermont, Inc., for costs incurred by EPA in conducting response actions at the BFI-Rockingham Landfill Site. Comments must be submitted on or before December 28,1992. "Proposed Settlement Agreement for National Gypsum Company" November 27,1992 (57 EB 56374) A proposed settlement agreement regarding National Gypsum Company is being lodged with the U.S. Bankruptcy Court for the Northern District of Texas. The settlement addresses the Salford Quarry Site in Pennsylvania and the Millington Asbestos Dump Site in New Jersey. Comments must be received by December 7,1992. RCRA/CERCLA "EPA Semiannual Regulatory Agenda" November 3,1992 (57 EB 52024) EPA's semiannual regulatory agenda serves as a semiannual summary of current and projected rulemakings, reviews of existing regulations, and EPA actions completed since the previous agenda. "Environmental Requirements on Local Governments and Small Communities; Public Meeting" November 6,1992 (57 EB 53110) On November 19-20,1992, EPA will meet with local and state officials, public interest groups, and environmental groups to discuss environmental requirements for local governments and small communities. 14 ------- November 1992 Federal Registers NOTICES EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW "Administrative Reporting Exemptions for Certain Radionucllde Releases" November 30,1992 (57 EB 56726) This proposed rule provides notice of, and requests comments on, certain administrative exemptions from the notification requirements under § 103 of GERCLA and §304 of EPCRA for releases of certain radionuclides. Comments must be submitted on or before January 29,1993. 15 ------- CALL ANALYSES CALLS ANSWERED BY HOTLINE November Daily Volume* Emergency Planning and Community Right-to-Know 6 9 10 12 13 16 17 18 19 20 23 24 25 27 30 Year to Date* RCRA/SF/OUST January February March April May June July August September October November Month 11,534 11,476 12,333 11,062 13,586 11,837 11,049 10,770 11,147 11,887 10,361 Cumulative 23,010 35,343 46,425 60.011 71,848 82,897 93,667 104,814 116,701 127,062 EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW January February March April May June July August September October November Month 3,583 4,943 3,159 3,012 4.131 9,505 5,710 6,409 2,736 2,388 2.073 Cumulative 8,526 11,685 14,697 18,828 28,333 34,043 40,452 43.188 45,576 47,649 •All calls answered by the Call Management System or the Document Retrieval Line - The documents featured were The Consumer's Handbook for Reducing Solid Waste" and "Green Advertising Gaims." 17 ------- Call Analyses November 1992 CALLS ANSWERED BY TYPE November Dally Volume* 600 500 9 10 12 13 16 17 18 19 20 23 24 25 27 30 Year to Date* January February March April May June July August September October November Questions Month 11,930 12.338 11.755 10,734 12,885 17.092 13,062 13,884 10,398 9,159 8,422 Cumulative 24.268 36,023 46.757 59.642 76,734 89,796 103,680 114,078 123,237 131,659 Documents January February March April May June July August September October November Month 4,276 3.822 4,152 3.899 5.625 4,802 3,981 4,075 3,144 4,454 3.770 Cumulative 8.098 12.250 16.149 21.774 26,576 30,557 34,632 37,776 42,230 46,000 Referrals January February March April May June July August September October November Month 1,505 1.831 1.390 1.144 1.396 1,535 1,795 1,783 1,484 1,523 1..565 Cumulative 3.336 4,726 5,870 7.266 8.801 10,596 12.379 13,863 15,386 16,951 * All calls answered by the Call Management System or the Message Retrieval Line. A single call may include multiple questions combined with document requests and referrals. 18 ------- November 1992 Call Analyses CALLS ANSWERED BY PROGRAM AREA November 1992* 'Based on 12.192 requests and excludes 1,565 referrals made from both Hotlines. Includes the Message Retrieval Line. Year to Date** January February March April May June Jury August September October Novofnbdf RCRA Month 60% (9,564) 55% (8.860) 66% (10,410) 61% (8.913) 66% (12.134) 45% (9.878) 54% (9.210) 50% (8.992) 63% (8.525) 66% (9.035) 67% (8.142) Cumulative 57% (18.424) 60% (28,834) 60% (37.747) 62% (49.881) 57% (59.759) 57% (68.969) 56% (77.961) 57% (86.486) 58% (95.521) 58% (103,663) Superiund Month 12% (2,065) 11% (1.823) 10% (1.638) 13% (1.957) 8% (1.555) 8% (1.773) 9% (1.446) 10% (1.715) 12% (1.680) 12% (1.610) 13% (1.559) Cumulative 12% (3.888) 12% (5.526) 12% (7.483) 11% (9.038) 11% (10.811) 10% (12,257) 10% (13,972) 10% (15,652) 10% (17.262) 11% (18.821) OUST Month 4% (640) 3% (483) 3% (488) 5% (665) 3% (551) 2% (452) 2% (383) 3% (563) 4% (537) 4% (560) 3% (420) Cumulative 3% (1.123) 3% (1,611) 4% (2.276) 3% (2.827) 3% (3,279) 3% (3.662) 3% (4.225) 3% (4.762) 3% (5.322) 3% (5.742) EnwrgMM Community Month 24% (3.937) 31% (14.994) 21% (3.371) 21% (3.098) 23% (4.270) 45% (9.791) 35% (6.004) 37% (6.689) 21% (2.800) 18% (2.408) 17% (2.071) sy Planning A Rlflht-to-Know Cumulative 28% (8.931) 25% (12,302) 24% (15.400) 24% (19.670) 29% (29,461) 30% (35.465) 30% (42.154) 30% (44.954) 29% (47.362) 28% (49.433) Based on 177,659 requests and excludes 16,951 referrals made from both Hotlines. 19 ------- Call Analyses November 1992 CALLER PROFILE RCRA/SF/OUST Hotline Regulated Community 7,102 Citizens 630 State & Local Gov't/Native American 205 Federal Agencies 158 Educational Institutions 144 EPA 127 Other 79 Media 10 Interest Groups 23 Congress 6 Referrals 1,246 International 9 Document Retrieval Line* 622 TOTAL 10361 State/Local GcVt/ Native American 2% Federal Agencies 2% All Others 5% Citizens 7% Regulated Community 84% * No caller profile data available. 20 ------- November 1992 Call Analyses Emergency Planning and Community Right-to-Know Hotline Manufacturer Food/Tobacco 28 Textiles 12 Apparel 2 Lumber & Wood 6 Furniture 7 Paper 13 Printing & Publishing 22 Chemicals 202 Petroleum & Coal 37 Rubber and Plastics 24 Leather 1 Stone, Clay & Glass 12 Primary Metals 22 Fabricated Metals 68 Machinery (Excluding Electrical) 12 Electrical&Electronic Equipment 25 Transportation Equipment 16 Instruments 8 Misc. Manufacturing 25 Not Able to Determine 39 Subtotal 581 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 Union/Labor Media/Press Distributors Native Americans Laboratories Misc. Referrals International TOTAL 433 104 187 11 17 37 0 8 41 75 44 38 26 1 36 2 11 0 3 9 90 319 0 2,073 Citizens 11% Attorneys 6% Consultants/ Engineers 25% All Others 25% 21 ------- Call Analyses November 1992 HOTLINE TOPICS RCRA Special Wastes Ash 10 Mining Wastes, Bevill 21 Medical Wastes 99* Oil and Gas 16 Subtitle C (General) 311 Hazardous Waste Id. (General 1,306* Toxicity Characteristic 86 Wood Preserving 39 Listing of Used Oil 121* Fluff 0 Radioactive Mixed Waste 42 Delisting Petitions 18 Hazardous Waste Recycling 107 Generators 467 Small Quantity Generators 196 Transportation/Transporters 90 TSDFs General 245 TSDFs Siting Facilities 14 TSDFs Capacity 18 TSDFs Treatment 86 TSDFs Burning 72 TSDFs Storage 60 TSDFs Disposal 43 Land Disposal Restrictions 655* Permits and Permitting 120 Corrective Action 183 Financial Liability/Enforcement 98 Test Methods 103 Health Effects 12 Waste Min. Pollution Prevention 33 State Programs 64 Hazardous Waste Data 42 Household Hazardous Waste 138 Subtitle D (General) 185 Siting Facilities 83 Combustion 24 Industrial Waste 9 Composting 16 Source Reduction/Poll. Prev. 8 Grants & Financing 6 Procurement (General) 13 Building Insulation 0 Cement & Products with Fly Ash 7 Paper & Paper Products 4 Re-refined Lubricating Oil 5 Retread Tires 1 Solid Waste Recycling (General) 886** Aluminum 14 Batteries 33 Glass 10 Paper 21 Plastics 16 Tires 37 Used Oil 248 Markets (General) 14 Aluminum 1 Batteries 2 Compost 0 Glass 4 Paper 2 Plastics 1 Tires 26 Used Oil 20 RCRA General 1,531* TOTAL 8,142l 1 Includes 2,393 RCRA document requests. SUPERFUND General/Misc. 201 Access & Information Gathering 11 Administrative Record 1 Allocations from Fund 7 ARARs 55 CERCLIS 81 Citizen Suits 9 Clean-Up Costs 26 Clean-Up Standards 41 Community Relations 27 Contract Lab Program (CLP) 18 Contractor Indemnification 4 Contracts 10 Definitions 4 Emergency Response 7 Enforcement 28 Exposure Assess./Risk Assess. 20 Federal Facilities 17 Fund Balancing 2 Grants 10 Hazardous Substances 83* Health/Toxics 7 HRS 27 * Hot topics for this month. ••Includes 622 Document Retrievals. •Topics are calculated as the summation of all questions received by the Hotline. A single call may result In multiple 22 questions. ------- November 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 Tide m/Right-to-Know TOTAL 2Includes 593 Superfund document requests. OUST General/Misc. 91 Applicability/Definitions 73 Regulated Substances 23 Standards for New Tank Systems 13 Tank Standards and Upgrading 13 Operating Requirements 7 Release Detection 45 Release Reporting & Investigation 18 Corrective Action for USTs 33 Out-of-Service/Closure 29 Financial Responsibility 43 State Programs 12 Liability/Enforcement 8 LUST Trust Fund 12 73* 1 4 0 33 25 200* 11 7 9 16 23 2 19 11 58 20 12 44 31 167* 4 16 25 4 5 7 36 TOTAL 3 Includes 209 OUST document requests. 4203 EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW Title IH General 468 §301-3 Emergency Planning General 153 SERCs/LEPC 6 Notification 9 Mixtures 6 Extremely Hazardous Substances 24 Delisting EHS 0 Exemptions 6 §304: General 45 Notification Requirements 29 Reportable Quantities 57 RQs vs. TPQs 19 Transportation 3 Exemptions 13 §311/312: General 127 MSDS Reporting Requirements 12 Tier I/II Regulations 71 Thresholds 73 OSHA Expansion 5 Hazard Categories 1 Mixtures 4 Exemptions 48 §313: General 371 Form R 213 Thresholds 90 Phase I 41 Phase H 30 Phase m 0 Pollution Prevention 13 NONs/NOTEs 17 Petitions 22 Health Effects 4 Database 72 Exemptions 66 Training: General 61 §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. 23 ------- Call Analyses November 1992 General: CEPP Interim Guide Chemical Profile NRT-1 Hazard Analysis Risk Communication Title IE Workshops Information Management Prevention ARIP Other 0 1 0 1 0 0 0 1 7 Trade Secrets Enforcement Liability TOTAL 7 13 2 2,071^ 4 Includes 575 Emergency Planning Community Right-To-Know document requests. TOTAL HOTLINE QUESTIONS, DOCUMENT REQUESTS AND REFERRALS: 13,757 24 • Topics are calculated as the summation of all questions received by the Hotline. A single call may result in multiple questions. ------- LTST OF ADDRESSEES: Ed Abrams, OS-332 Jennifer Anderson, EPA-Reg. 7 Kate Anderson, OS-520 Irene Atney-Yurdin, DOE- NY Beth Behrens, EPA-NEIC Kathy Bishop, OS-210 John Bosky, EPA-Kansas City Brett Bowhan, DOE-Idaho Susan Bromm, OS-500 Rick Brandes, 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-320W Elaine Davies, OS-120 Jeffery Denit, OS-300 Lynn DePont, OS-400WF Director, RED, LE-134S DaveEberly,53-03W Chris Elias, CA DepL of Health Terry Escarda, CA DepL 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-5203G Harriet L. Jones, EPA-Reg. 7 Kathy Jones, OS-210 Tim Jones, OS-301 Gary Jonesi, LE-134S Ron Josephson, OS-333 Tony Jover, OS-120 Robert Kayser, OS-333 Jeff Kelly, OS-520 Mitch Kidwell, OS-332 Bob Kievit, EPA- Olympia, WA William Kline, OS-322W Robert Knox, OS-130 Dan Kovacks, Hotline Walter Kovalick, 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-5203G 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 OXeefe, LE-134S ChaePak, EPA-Reg. 10 Wendy Porman, DOI 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 Rutherford, OS-420WF William Sanjour, OS-330 Sam Sasnett, TS-779 Tim Schoepke, TS-793 Jay Silberman, US Coast Guard Stergios Spanos, NH DES Elaine Stanley, OS-500 Kathie Stein, LE-134S Heather Stockard, DEC-Alaska Kathy Teemer, Hotline Beverly Thomas, OS420WF Jim Thompson, OS-520 Linda Thompson, LE-134S Robert Thompson, A-104 Steve Torok, EPA-Juneau, AK Harriett Tregoning, PM-220 Betti VanEpps, 5201-G Carie VanHook, OS-305 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-301 Mark Horwitz, Reg. 5 John Ramirez.DOE Captain Smyser, Airforce Carolyn Kenmore, 5203-G OS W 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 ------- |