EPA530-R-92-014I PB92-922412 MONTHLY HOTLINE REPORT December 1992 RCRA/SF/OUSTand Emergency Planning and Community Right4o-Kr»ow Hotline Questions and Answers Resource Conservation and Recovery Act (RCRA) 1 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 2 OUST 3 Emergency Planning and Community Right-to-Know Act 3 New Publications Resource Conservation and Recovery Act (RCRA) 5 Other 6 Federal Registers Final Rules 7 Proposed Rules 8 Notices 8 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 ------- HOTLINE QUESTIONS AND ANSWERS 1. RCRA Hydrochlorofluorocarbons Used in Degreasing According to 40 CFR §26131, chlorinated fluorocarbons (CFCs) used in degreasing are classified as FOOL EPA included CFCs used in degreasing in the F001 listing because of concern for their potential contribution to the depletion of stratospheric ozone. Are hydrochlorofluorocarbons (HCFCs) used in degreasing also regulated as F001 ? Because the F001 listing description includes all chlorinated fluorocarbons, hydrochlorofluorocarbons used in degreasing operations are also classified as FOOL Of course, the solvent formulation must meet the 10 percent (by volume) befbre-use criterion in the F001 listing. Hydrogenated fluorocarbons (HFCs), however, are not included in the scope of the F001 listing. 2. Rebuttable Presumption for Used Oil According to the recycled used oil management standards in 40 CFR Part 279, any used oil containing more than 1,000 ppm of total halogens is presumed to have been mixed with a listed hazardous waste and therefore is subject to RCRA Subtitle C hazardous waste regulation. This presumption may be rebutted by demonstrating that the used oil does not contain hazardous waste. According to §279.10(b)(l)(ii), one way to make this demonstration is to show that the used oil does not contain significant concentrations of any of the halogenated hazardous constituents listed in Appendix VIH of Part 261. What is meant by the term "significant concentrations"? There is no regulatory definition of significant concentrations. The Federal Register of November 29,1985, however, does provide guidance on the term as it relates to hazardous halogenated solvents. Specifically, EPA has stated that a level of 100 ppm of individual solvent compounds is generally considered a significant concentration. Thus, one may try to rebut the presumption by showing that less than 100 ppm of any individual hazardous halogenated constituent listed as a hazardous spent solvent in 40 CFR §261.31 is present (50 EE 49176; November 29,1985). This 100 ppm level applies only to concentrations of halogenated solvent constituents and cannot be applied to all hazardous halogenated compounds. For example, if a used oil contains 1,000 ppm total halogens, and some of the halogens are pesticide compounds, the presumption of mixing would not necessarily be overcome by showing that each pesticide is present at levels less than 100 ppm. Showing that individual hazardous halogenated solvents are present at levels less than 100 ppm also will not automatically rebut the presumption, as other site-specific factors must be considered in making such a determination. For example, if documentation shows that used oil has been mixed with a listed hazardous waste, that mixture would be considered a hazardous waste pursuant to the mixture rule in 40 CFR §261.3(c)(2)(iv), regardless of the level of halogenated constituents present. ------- Hotline Questions and Answers December 1992 CERCLA 3. Community Environmental Response Facilitation Act On October 19,1992, Congress amended CERCLA §120(h) under the Community Environmental Response Facilitation Act (Public Law 102-426) to expedite the sale of federal land that is determined to be uncontaminated. What are the provisions of this amendment? Congress passed the Community Environmental Response Facilitation Act (CERFA) in response to concern over the adverse economic conditions that often result from the closing of certain federal facilities. Transferring federal property to the private sector is often a lengthy process due to the concern over possible hazardous substances on the property, and the delay in remediating environmental contamination. The purpose of CERFA is to identify federal land and properties offering the greatest opportunity for reuse and redevelopment, expedite necessary remedial and corrective actions, make the property available for sale, and ensure the continued liability of the federal government when appropriate. Under §120(h) of CERCLA, whenever the U.S. government enters into a contract to sell or transfer federal property, a notice must be placed in the contract for sale reporting any hazardous substance that has been stored for a year or more, known to be released, or was disposed of on the property. When the government sells property, a similar notice must be placed in the deed, as well as a covenant that all necessary remedial action has been taken by the time of the transfer. EPA promulgated regulations at 40 CFR Part 373 specifying the content of the notice (55 FR 14208; April 16,1990). CERFA adds to the provisions of §120(h) by requiring the federal government, within specified deadlines, to identify "uncontaminated" property where hazardous substances or petroleum products have not been released, disposed of, or stored for more than a year. This identification process includes a detailed search of federal government records and title documents; aerial photographs; a visual inspection; a physical inspection; reasonably obtainable federal, state, and local records of adjacent facilities; interviews with current or former employees; and sampling, if appropriate. The EPA Administrator or the appropriate state official must concur with the results of the identification at NPL and non- NPL sites, respectively. Pursuant to §120(h) of CERCLA, the sale of the property will not terminate the federal government's liability. CERFA stipulates that any undiscovered environmental problems with respect to any hazardous substances, petroleum, or petroleum derivatives present on the property at the time of the sale or transfer of the property remain the responsibility of the federal government and provides that deeds must contain access provisions to allow for such response actions. Section 120(h)(3)(B) requires that each deed for transferred federal property contain a covenant warranting that "all remedial action" has been taken with respect to any hazardous substance remaining on the property. Section 4 of CERFA specifies that all remedial action has been taken when the construction and installation of an approved remedial design has been completed. The federal agency must demonstrate that the remedial design is operating properly and successfully. ------- December 1992 Hotline Questions and Answers OUST 4. Temporary Closure of an UST A company owns an underground storage tank that is regulated under 40 CFR Pan 280. Although regulated substances are not being added to or dispensed from the tank (i.e., the tank is out of service), the company plans to use the tank in the future. With what operating requirements must the owner! operator comply during the period the UST is not in use? When an UST is temporarily closed, an owner/operator must continue operation and maintenance of corrosion protection, if a corrosion protection system is present, in accordance with §280.31. The owner/operator must also demonstrate financial responsibility if its compliance date in §280.91 has passed until the tank system is properly closed per §280.109, and, as appropriate, follow release confirmation, release notification, and corrective action procedures (§280.70(a)). During temporary closure, tanks may either continue to store regulated substances or be emptied. If the tank stores regulated substances during temporary closure, the owner/operator must also continue release detection. As explained in the preamble to the September 23,1988, Federal Register (p. 37182), however, release detection is not required during temporary closure if the UST has been emptied in accordance with the procedures in §280.70(a). Of course, those USTs that are not yet required to have release detection according to the schedule in §280.40(c) (note that the schedule indicates that December 22,1993, is the last release detection deadline), and those USTs that are deferred from release detection under §§280.10(c) and (d) also are not required to have release detection when temporarily closed. An UST system that does not comply with the corrosion protection standards in either §280.20 or §280.21 may remain in temporary closure for a maximum of 12 months without prior approval from the implementing agency. An extension may be granted by the implementing agency. Owners and operators must complete a site assessment in accordance with §280.72 before applying for an extension. If an extension is not granted, an UST system must either meet the corrosion protection standards for new or upgraded tanks after 12 months of temporary closure, or be permanently closed (§280.70(c)). EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW 5. Reclamation as Processing Under EPCRA §313 A reclamation facility receives waste solvents containing an EPCRA §313 toxic chemical from a separate facility that generated the wastes (the generating facility). The reclamation facility reclaims the toxic chemical and returns it, as a product, to the generating facility. For the purpose of EPCRA §313 threshold determinations, is the reclamation facility processing the toxic chemical? The term "process" is defined at 40 CFR §372.3 as "...the preparation of a toxic chemical, after its manufacture, for distribution in commerce." The final rule implementing the EPCRA §313 regulations (53 ER 4506; February 16,1988) further clarifies this definition by stating that "[t]he process definition focuses on the incorporation of a chemical into a product that is distributed in commerce." ------- Hotline Questions and Answers December 1992 By reclaiming the toxic chemical and returning it to the generator, the reclamation facility has prepared the chemical for distribution in commerce by incorporation of the chemical into a product. Therefore, the reclamation facility is processing the toxic chemical in the waste solvent it receives. Assuming the reclamation facility is a manufacturing facility with 10 or more full- time employees, it is required to report under EPCRA §313 for the toxic chemical if it exceeds an activity threshold (e.g., processing more than 25,000 pounds) during the course of a calendar year. ------- 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: "Environmental Fact Sheet: Recycling Municipal Solid Waste Facts and Figures" AVAILABILITY. Hotline EPA ORDER NO.: 530-SW-91-024 This fact sheet describes nine of the primary components of the municipal solid waste stream, along with sources of generation, percentage of the stream, and recovery rates. TITLE: "Environmental Fact Sheet: EPA Revises Quality Assurance Measures for the Toxicity Characteristic Leaching Procedure" AVAILABILITY: Hotline EPA ORDER NO.: 530-F-92-026 This fact sheet discusses the amended requirements for sample testing associated with the Toxicity Characteristic Leaching Procedure. By removing "spike recovery correction" from the list of required quality assurance measures, the testing method will remain consistent with those outlined in EPA's manual on RCRA testing methodology. TITLE: "Index to the Monthly Hotline Report Questions (June 1982 to December 1991)" AVAILABILITY: NTIS NTIS ORDER NO.: PB92-131 374 This document provides four indices to the question and answer sections of the RCRA/ Superfund/OUST/Emergency Planning and Community Right-to-Know Monthly Hotline Report. The first index is an alphabetical list of question titles by year and month. The second index organizes the questions by regulatory citation. The third index organizes the questions by statuatory citation. The fourth index references the questions by keyword or subject heading. TITLE: "Environmental Fact Sheet: Temporary Suspension of the Toxicity Characteristic in Non-UST Petroleum Products Cleanups Proposed" AVAILABILITY: Hotline EPA ORDER NO.: 530-F-92-023 This fact sheet describes EPA's actions toward expediting cleanups of petroleum spills and avoiding duplicative regulations. The Agency proposed a temporary suspension of the TC rule for nonunderground storage tank petroleum-contaminated media in states with adequate petroleum cleanup programs. ------- December 1992 New Publications OTHER TITLE: "Monthly Hotline Report" AVAILABILITY: NTIS NTIS ORDER NO.: See below Yearly Subscription PB92-922 400 530-R-92-014 The reports contain questions that required EPA resolution or were frequently asked, publications availability, Federal Register summaries, and Hotline call statistics. January 1992 February 1992 March 1992 April 1992 May 1992 June 1992 July 1992 August 1992 September 1992 October 1992 November 1992 December 1992 PB92-922401 530-R-92-014a PB92-922402 530-R-92-014b PB92-922403 530-R-92-014c PB92-922 404 530-R-92-014d PB92-922405 530-R-92-014e PB92-922 406 530-R-92-014f PB92-922407 530-R-92-014g PB92-922408 530-R-92-014h PB92-922409 530-R-92-014i PB92-922410 530-R-92-014J PB92-922411 530-R-92-014k PB92-922 412 530-R-92-0141 ------- FEDERAL REGISTERS FINAL RULES RCRA "Disposal of Waste Oil by Incineration; Nuclear Regulatory Commission" December 7,1992 (57 EB 57649) The Nuclear Regulatory Commission amended its regulations to permit the on-site incineration of contaminated waste oils generated at licensed nuclear power plants without amending existing operating licenses. This final rule becomes effective January 6, 1993. "Identification and Listing of Hazardous Waste; Final Exclusion" December 7,1992 (57 EB 57673) EPA granted a final exclusion from the lists of hazardous wastes for certain solid wastes generated by POP Fasteners of Shelton, Connecticut. This rule is effective December 7,1992. "North Carolina; Final Authorization of Revision to State Hazardous Waste Program" December 16,1992 (57 Ffi 59825) North Carolina received final authorization for revisions to its hazardous waste program. This final authorization is effective February 16,1993, unless EPA publishes a prior Federal Register action withdrawing this immediate final rule. Comments must be received by January 15,1993. "Extension of States' Interim Authorization Option to Implement HSWA Regulations" December 18,1992 (57 FR 60129) EPA extended until January 1,2003, the availability of interim authorization for states to implement requirements of the 1984 Hazardous and Solid Waste Amendments. This extension becomes effective December 18,1992. Comments will be accepted until January 19,1993. "Wood Preserving; Identification and Listing of Hazardous Waste" December 24,1992 (57 FR 61492) EPA modified the technical standards for drip pads used to collect preservative drippage from treated wood, and modified the listings of three categories of hazardous waste from the wood preserving industry. The majority of the requirements in this final rule are effective December 24,1992. Copies of RCRA Federal Registers are available through the Hotline by calling a Document Specialist at 1-800-424-9346. ------- Federal Registers December 1992 PROPOSED RULE RCRA "Suspension of the Toxicity Characteristic Rule for Non-UST Petroleum Product-Contaminated Media and Debris" December 24,1992 (57 £B 61542) EPA proposed to suspend the toxicity characteristic rule (hazardous waste codes D018 through D043 only) for three years for environmental media and debris contaminated by petroleum products released from sources other the underground storage tanks. Comments must be submitted on or before February 8,1993. NOTICES RCRA "Department of Energy (DOE) Strategy for Development of a National Compliance Plan for DOE Mixed Waste" December 3,1992 (57 Efi 57170) In this notice DOE published a draft strategy for development of a national compliance plan for DOE mixed waste. DOE plans to develop, with input from EPA, states and the public, a national compliance plan for DOE mixed waste. Comments must be received by January 4,1993. "Agency Information Collection Activities Under OMB Review" December 7,1992 (57 FR 57835) This notice announced that an information collection request on the RCRA Hazardous Waste Permit Application and Modification, Part A, was forwarded to the Office of Management and Budget for review and comment. Comments must be submitted on or before January 6,1993. "Agency Information Collection Activities Under OMB Review" December 7,1992 (57 F_B 57835) This notice announced that an information collection request on the Notification of Hazardous Waste Activity was forwarded to the Office of Management and Budget for review and comment. Comments must be submitted on or before January 6, 1993. "Agency Information Collection Activities Under OMB Review" December 7,1992 (57 FR 57836) This notice announced that an information collection requests on general hazardous waste facility collection activities was forwarded to the Office of Management and Budget for review and comment. Comments must be submitted on or before January 6,1993. Copies of RCRA Federal Registers care available through the Hotline by calling a Document Specialist at 1-800-424-9346. ------- December 1992 Federal Registers NOTICES "Agency Information Collection Activities Under OMB Review" December 8,1992 (57 EH 58018) This notice announced that an Information Collection Request on Part B Permit applications, permit modifications, and special permits was forwarded to the Office of Management and Budget for review and comment. Comments must be submitted on or before January 7,1993. "Preemption of Bonding Requirements for Vehicles Carrying Hazardous Waste" December 11,1992 (57 EB 58848) The Research and Special Programs Administration determined that Maryland, Massachusetts, and Pennsylvania bonding requirements for vehicles carrying hazardous waste are preempted by the Hazardous Materials Transportation Act. "Schedule of Compliance for Modification of Michigan's Hazardous Waste Program" December 23,1992 (57 EE 61003) EPA published a compliance schedule for Michigan to modify its hazardous waste management program to adopt federal program modifications. This notice is effective December 23,1992. "Public Meeting on the Land Disposal Restrictions Program" December 23,1992 (57 FR 61085) EPA will hold a roundtable discussion on the land disposal restrictions (LDR) program on January 13 and 14,1993, in Arlington, Virginia. The discussions will focus on what is and is not working in the implementation of the LDR program. "Public Meeting on the RCRA Hazardous Waste Identification System" December 24,1992 (57 FR 61376) EPA will conduct a discussion on issues related to hazardous waste identification on January 5, 1993, in Washington, DC. EPA will solicit input from the public on appropriate procedures and standards to identify hazardous waste and contaminated media. "Nevada; Approval of State Underground Storage Tank Program" December 24,1992 (57 FR 61376) EPA intends to grant approval to the State of Nevada to operate its underground storage tank program in lieu of the federal program. All written comments must be postmarked no later than January 29,1993. "Public Meeting of the Hazardous Waste Manifest Rulemaking Committee" December 29,1992 (57 Ffi 61866) The Hazardous Waste Manifest Rulemaking Committee will hold public meetings on January 13 and 14 and February 23 and 24, 1993, in Washington, DC. Copies of RCRA Federal Registers are available through the Hotline by calling a Document Specialist at 1-800-424-9346. ------- Federal Registers December 1992 NOTICES "Wisconsin; Final Partial Program Determination of Adequacy of State Municipal Solid Waste Landfill Permit Program" December 29,1992 (57 EB 61899) EPA granted final partial approval to Wisconsin's municipal solid waste landfill permit program. This determination becomes effective December 29,1992. "Schedule of Compliance for Modification of Kentucky's Hazardous Waste Program" December 30,1992 (57 EB 62231) EPA published a compliance schedule for Kentucky to modify its hazardous waste program to adopt the federal program modifications. This schedule is effective December 30,1992. CERCLA "National Priorities List; Notice of Intent to Delete Pioneer Sand Company Site" December 1,1992 (57 EB 56882) EPA announced its intent to delete the Pioneer Sand Company Site in Florida from the National Priorities List. EPA and the State of Florida have determined that all appropriate CERCLA actions have been implemented and no further cleanup by responsible parties is appropriate. Comments may be submitted no later than December 26,1992. "Sapp Battery Company Site; Notice of Proposed Settlement" December 2,1992 (57 FR 57065) EPA agreed to settle claims for response costs at the Sapp Battery Company Site in Cottondale, Florida, with Scrap-All, Inc., Athens Auto Wrecking, and Quitman Battery Mart. Comments must be submitted by January 1,1993. "Proposed Administrative Settlement; Panama Machinery and Equipment Company, Inc., et al." December 3,1992 (57 EB 57231) EPA proposed to enter into a settlement to resolve the liabilities of one corporation and three individuals for costs incurred by EPA at two sites, one in Klickitat County, Washington, and one in Molalla, Oregon. Comments must be provided on or before January 4,1993. "Public Health Advisory Procedures" December 10,1992 (57 EB 58504) This notice announced the procedures the Agency for Toxic Substances and Disease Registry will use in preparing a public health advisory. Comments must be received by January 11,1993. Copies ofRCRA Federal Registers are available through the Hotline by calling a Document Specialist at 1-800-424-9346. 10 ------- December 1992 Federal Registers NOTICES "Proposed Consent Decree for Verona Well Field Site, Battle Creek, Michigan" December 10,1992 (57 EB 58517) A proposed Consent Decree in United States. etal. v. ABC Industries, et al.. was lodged on November 25,1992, with the U.S. District Court for the Western District of Michigan. The proposed Consent Decree will resolve the liability of each settling def andant to the United States for incurrence of response costs at the Verona Well Field Site. Comments must be submitted by January 9,1993. "Proposed Consent Decree for Pagel's Pit Site, Winnebago County, Illinois" December 10,1992 (57 EB 58518) A proposed Consent Decree in United States. et al. v. Winnebago Reclamation Service. Inc.. et aL was lodged on November 25,1992, with the U.S. District Court for the Northern District of Illinois. The proposed Consent Decree requires, among other things, implementation of the remedial actions selected by EPA for the Pagel's Pit Site. Comments must be submitted by January 9,1993. "Proposed Consent Decree for Pristine, Inc., Site in Reading, Ohio" December 16,1992 (57 EB 59845) A proposed Consent Decree in United States v. C.H. Heist, et al.. was lodged in the U.S. District Court for the Southern District of Ohio on December 3,1992. The Consent Decree requires eight d£ minimis settling defendants to pay $150,000 to reimburse EPA for unrecovered past response costs at the Pristine, Inc., Site. Comments must be submitted by January 15, 1993. "Agency Information Collection Activities Under OMB Review" December 18,1992 (57 FR 60198) A collection request on the CERCLA capacity assurance process was forwarded to the Office of Management and Budget for review and comment. Comments must be submitted on or before January 19,1993. "National Gypsum Company; Settlement Agreement Comment Period Extension" December 18,1992 (57 EB 60248) The public comment period on the second settlement agreement in In re National Gypsum Company published on November 27,1992 (57 ER 56374), was extended through January 5,1993. "Agency for Toxic Substances and Disease Registry (ATSDR) Public Health Assessments" December 21,1992 (57 EB 60526) This notice contains a list of sites for which ATSDR has completed a public health assessment, and a list of sites for which ATSDR has accepted a request from the public to conduct a public health assessment "National Priorities List; Deletion of Metal Working Shop Site" December 23,1992 (57 FR 61004) EPA announced that it is deleting the Metal Working Shop Site in Lake Ann, Michigan, from the National Priorities List. EPA and the State of Michigan have determined that no further cleanup by responsible parties is appropriate. This deletion is effective December 23,1993. 11 ------- Federal Registers December 1992 NOTICES "National Priorities List; Deletion of ARRCOM Site" December 23,1992 (57 Efi 61005) EPA announced that it is deleting the ARRCOM Site in Rathdrum, Idaho, from the National Priorities List. EPA and the State of Idaho have determine that no further cleanup by responsible parties is appropriate. This deletion is effective December 23,1992. "Demonstration Program for State Health Departments to Conduct Health Consultations and Public Health Assessment Activities; Amendment" December 28,1992 (57 ES 61602) The Agency for Toxic Substances and Disease Registry announced on November 25, 1992, the anticipated availability of FY 1993 funds for a cooperative agreement program for state health departments to build capacity to conduct health consultations (57 FR 55540). This notice extends the deadline date for application submissions to February 1,1993. "Proposed Consent Decree for PBM Enterprises Site in Romulus, Michigan" December 28,1992 (57 EH 61605) On December 18,1992, a proposed Consent Decree in United States v. PBM Enterprises, et aL, was lodged with the U.S. District Court for the Eastern District of Michigan. The proposed Consent Decree requires four defendants to pay $190,000 to reimburse EPA for unrecovered past response costs at the PBM Enterprises Site. Comments must be submitted by January 27,1993. "Citizen Suits Under §310 of CERCLA; Correction" December 28,1992 (57 FR 61612) EPA corrected a mistake in the preamble of the November 23,1992, Federal Register (57 FR 55038) regarding citizen suits under CERCLA. "National Priorities List; Intent to Delete Woodbury Chemical Company Site" December 29,1992 (57 FR 61867) EPA announced its intent to delete the Woodbury Chemical Company Site from the National Priorities List. EPA and the State of Colorado have determined that no further cleanup by responsible parties is appropriate. Comments must be submitted by January 28, 1993. "Proposed Consent Decree for French Limited Site in Crosby, Texas" December 29,1992 (57 FR 61922) A proposed natural resources Consent Decree in United States v. French Limited. Inc.. et al.. was lodged with the U.S. District Court for the Southern District of Texas on December 16, 1992. The proposed Consent Decree requires the defendants to implement the marsh restoration project developed by the U.S. Department of the Interior and others for the French Limited Site. Comments must be submitted by January 28,1993. 12 ------- December 1992 Federal Registers NOTICES "Proposed Consent Decree for the Charles George Reclamation Trust Landfill" December 29,1992 (57 Efi 61923) On December 17,1992, a proposed Consent Decree in United States v. Charles George Trucking Company. Inc.. was lodged with the U.S. District Court for the District of Massachusetts. The proposed Consent Decree resolves a suit against certain parties to recover response costs incurred in cleaning up the Charles George Reclamation Trust Landfill in Tynsboro, Massachusetts. Comments must be submitted by January 28,1993. "Proposed Consent Decree for the Gould Site in Portland, Oregon" December 29,1992 (57 JFfi 61923) A proposed Consent Decree in United States v. GNB. Inc./Chloride Western. Inc.. et al.. was lodged with the U.S. District Court for the District of Oregon, on November 23,1992. The proposed Consent Decree requires six settling defendants to reimburse the United States in the sum of $980,103 for response costs incurred and to be incurred in connection with the soils operable unit at the Gould Site. Comments must be submitted by January 28, 1993. "Proposed Consent Decree for the Peoples Natural Gas Site in Dubuque, Iowa" December 29,1992 (57 EB 61924) On October 26,1992, a proposed Consent Decree in United States v. Midwest Gas, et al.. was lodged with the U.S. District Court for the Northern District of Iowa. The proposed Consent Decree requires the settling defendants to conduct a remedial action at the Peoples Natural Gas Site. Comments must be submitted by January 28,1993. "National Priorities List; Deletion of the Adrian Well Field Site" December 30,1992 (57 FR 62231) EPA announced that it is deleting the Adrian Well Field Site in Adrian, Minnesota, from the National Priorities List. EPA and the State of Minnesota have determined that no further cleanup under CERCLA is appropriate. This deletion is effective December 30, 1992. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW "Notice of Withdrawal of Information Collection Request for Activities Under §313 of EPCRA" December 29,1992 (57 FR 61896) EPA withdrew the Information Collection Request (ICR) entitled, "Toxic Chemical Release Inventory Form R and Petitions," which was a renewal of the current ICR, approved by OMB on May 19,1992. Facilities subject to Form R reporting requirements will be required to submit their 1992 reports by July 1, 1993, using the version of Form R approved on May 19, 1992. EPA plans to distribute and publish the complete 1991 Form R and instructions in early 1993. 13 ------- CALL ANALYSES 700 y 600 •- i * 500 •- 400 •- 300 •- 200 •• 100 •- CALLS ANSWERED BY HOTLINE December Daily Volume* RCRA/SF/OUSr Emergency Planning and Community Right-to-Know -I—I—I—I—I—I—I—\- H 1 1 1- 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 December Month 11.534 11,476 12,333 11,082 13,586 11,837 11,049 10,770 11,147 11,887 10,361 9,740 Cumulative 23,010 35,343 46,425 60,01 1 71,848 82,897 93,667 104,814 116,701 127,062 136.802 EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW January February March April May June July August September October November December Month 3,583 4,943 3,159 3,012 4,131 9,505 5,710 6,409 2,736 2,388 2,073 1,999 Cumulative 8,526 11,685 14,697 18,828 28,333 34,043 40,452 43,188 45,576 47,649 49,648 *A11 calls answered by the Call Management System or the Document Retrieval Line - The documents featured were "Hie Consumer's Handbook for Reducing Solid Waste" and "Green Advertising Claims." 15 ------- Call Analyses December 1992 CALLS ANSWERED BY TYPE December Daily Volume* 600 T 500 400 -• 300 -• 200 100 A 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 December Questions Month 11,930 12,338 11.755 10.734 12,885 17.092 13,062 13,884 10,398 9,159 8,422 8,294 Cumulative 24.268 36,023 46.757 59.642 76.734 89,796 103,680 114.078 123,237 131.659 139,953 Documents January February March April May June July August September October November December Month 4.276 3.822 4.152 3.899 5.625 4,802 3,981 4,075 3,144 4,454 3,770 3,465 Cumulative 8.098 12.250 16.149 21.774 26,576 30,557 34,632 37,776 42,230 46,000 49,465 Referrals January February March April May June July August September October November December Month 1.505 1.831 1.390 1,144 1.396 1.535 1,795 1,783 1.484 1,523 1.565 1.412 Cumulative 3.336 4,726 5,870 7,266 8.801 10.596 12,379 13,863 15.386 16,951 18,363 * 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. 16 ------- December 1992 Call Analyses CALLS ANSWERED BY PROGRAM AREA December 1992* 'Based on 11,759 requests and excludes 1,412 referrals made from both Hotlines. Includes the Message Retrieval Line. Year to Date** January February March Apr! May June July August September October November December RCRA Month 60% (9364) 55% (8360) 66% (10.410) 61% (8.913) 66% (12.134) 45% (9.878) 54% (9210) 50% (8.992) 63% (8.525) 66% (9.035) 67% (8.142) 67% (7397) 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) 59% (111560) Superfund 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% (1359) 12% (1,459) Cumulative 12% (3.888) 12% (5*26) 12% (7.483) 11% (9,038) 11% (10,811) 10% (12,257) 10% (13.972) 10% (15.652) 10% (17,262) 11% (18,821) 11% (20.280) OUST Month 4% (640) 3% (483) 3% (488) 5% (665) 3% (551) 2% (452) 2% (383) 3% (563) 4% (537) 4% (560) 3% (420) 4% (434) Cumulative 3% (1.123) 3% (1,611) • 4% (2,276) 3% (2,827) 3% (3,279) 3% (3.662) 3% (4225) 3% (4,762) 3% (5.322) 3% (5.742) 3% (6.176) Emergency Planning ft Community RighMo-Know Month 24% (3,937) 31% (14,994) 21% (3,371) 21% (3,098) 23% (4270) 45% (9.791) 35% (6.004) 37% (6,689) 21% (2.800) 18% (2,408) 17% (2,071) 17% (1,969) 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) 27% (51,402) Based on 189,418 requests and excludes 18,363 referrals made from both Hotlines. 17 ------- Call Analyses December 1992 CALLER PROFILE RCRA/SF/OUST Hotline Regulated Community 6,628 Citizens 662 State & Local Gov'tTNative American 266 Federal Agencies 159 Educational Institutions 150 EPA 150 Other 196 Media 15 Interest Groups 48 Congress 1 Referrals 1,058 International 10 Document Retrieval Line* 397 TOTAL 9,740 State/Local GoVt/ Native American 3% Federal Agencies 2% All Others 7% Citizens 8% Regulated Community * No caller profile data available. 18 ------- December 1992 Call Analyses Emergency Planning and Community Right-to-Know Hotline Manufacturer Food/Tobacco 26 Textiles 12 Apparel 3 Lumber & Wood 11 Furniture 6 Paper 14 Printing & Publishing 20 Chemicals 161 Petroleum & Coal 43 Rubber and Plastics 27 Leather 1 Stone, Clay & Glass 11 Primary Metals 23 Fabricated Metals 43 Machinery (Excluding Electrical) 7 Electrical&Electronic Equipment 29 Transportation Equipment 30 Instruments 1 Misc. Manufacturing 46 Not Able to Determine 37 Subtotal 551 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 306 109 173 21 23 54 0 13 68 98 37 46 47 3 69 7 7 0 1 12 0 354 0 1,999 Citizens 11% Attorneys 7% Consultants/ Engineers 19% All Others 30% 19 ------- Call Analyses December 1992 HOTLINE TOPICS RCRA Special Wastes Ash 19 Mining Wastes, Bevill 26 Medical Wastes 91 Oil and Gas 22 Subtitle C (General) 271 Hazardous Waste Id. (General 1,697* Toxicity Characteristic 129 Wood Preserving 32 Listing of Used Oil 83 Huff 4 Radioactive Mixed Waste 29 Delisting Petitions 27 Hazardous Waste Recycling 165 Generators 440 Small Quantity Generators 191 Transportation/Transporters 69 TSDFs General 202 TSDFs Siting Facilities 10 TSDFs Capacity 5 TSDFs Treatment 73 TSDFs Burning 50 TSDFs Storage 62 TSDFs Disposal 39 Land Disposal Restrictions 613* Permits and Permitting 98 Corrective Action 175 Financial Liability/Enforcement 91 Test Methods 103 Health Effects 3 Waste Min. Pollution Prevention 25 State Programs 88 Hazardous Waste Data 44 Household Hazardous Waste 98 Subtitle D (General) 115 Siting Facilities 12 Combustion 11 Industrial Waste 14 Composting 25 Source Reduction/Poll. Prev. 7 Grants & Financing 2 Procurement (General) 1 Building Insulation 0 Cement & Products with Fly Ash 3 Paper & Paper Products 1 Re-refined Lubricating Oil 1 Retread Tires 2 Solid Waste Recycling (General) 629** Aluminum 3 Batteries 12 Glass 7 Paper 33 Plastics 49 Tires 12 Used Oil 191 Markets (General) 53 Aluminum 3 Batteries 3 Compost 0 Glass 3 Paper 3 Plastics 3 Tires 18 Used Oil 23 RCRA General 1,584* TOTAL 7,8971 1 Includes 2,397 RCRA document requests. SUPERFUND General/Misc. 215 Access & Information Gathering 5 Administrative Record 5 Allocations from Fund 1 ARARs 65 CERCLIS 74 Citizen Suits 9 Clean-Up Costs 16 Clean-Up Standards 25 Community Relations 20 Contract Lab Program (CLP) 14 Contractor Indemnification 2 Contracts 12 Definitions 9 Emergency Response 4 Enforcement 16 Exposure Assess./Risk Assess. 15 Federal Facilities 18 Fund Balancing 2 Grants 2 Hazardous Substances 68 Health/Toxics 9 HRS 26 • Hot topics for this month. ••Includes 397 Document Retrievals. •Topics are calculated as the summation of all questions received by the Hotline. A single call may result in multiple 20 questions. ------- December 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 Rl/FS ROD RQ SARA Interface Settlements SITE Program State Participation State Program Taxes Title m/Right-to-Know 59 1 10 1 43 31 139* 21 10 2 22 21 0 14 14 59 28 6 42 43 182* 6 16 13 3 6 5 30 TOTAL 1,4592 2Includes 396 Superfund document requests. OUST General/Misc. 143 Applicability/Definitions 74 Regulated Substances 24 Standards for New Tank Systems 12 Tank Standards and Upgrading 9 Operating Requirements 9 Release Detection 29 Release Reporting & Investigation 17 Corrective Action for USTs 36 Out-of-Service/Closure 25 Financial Responsibility 30 State Programs 12 Liability/Enforcement 10 LUST Trust Fund 4 TOTAL 4343 3 Includes 105 OUST document requests. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW Title HI General 407 §301-3 Emergency Planning General 169 SERCs/LEPC 10 Notification 7 Mixtures 3 Extremely Hazardous Substances 31 Delisting EHS 2 Exemptions 5 §304: General 49 Notification Requirements 38 Reportable Quantities 46 RQs vs. TPQs 26 Transportation 4 Exemptions 5 §311/312: General 118 MSDS Reporting Requirements 38 Tier I/H Regulations 67 Thresholds 28 OSHA Expansion 5 Hazard Categories 4 Mixtures 8 Exemptions 15 §313: General 342 Form R 214 Thresholds 45 Phase I 2 Phase II 5 Phase m 0 Pollution Prevention 17 NONs/NOTEs 26 Petitions 15 Health Effects 6 Database 40 Exemptions 25 Training: General 116* §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 December 1992 General: CEPP Interim Guide Chemical Profile NRT-1 Hazard Analysis Risk Communication Title in Workshops Information Management Prevention ARIP Other 0 1 3 1 0 0 0 0 2 Trade Secrets Enforcement Liability TOTAL 3 21 0 1,9694 4 Includes 567 Emergency Planning Community Right-To-Know document requests. TOTAL HOTLINE QUESTIONS, DOCUMENT REQUESTS AND REFERRALS: 13,171 22 • Topics are calculated as the summation of all questions received by the Hotline. A single call may result in multiple questions. ------- LIST 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 Bnineske, OS-305 Karen Burgan, OS-110 Heather Burns, Hotline Diane Buxbaum, EPA-Reg. 2 Sabrina Callihan, DOE Sonia Chambers, EPA-Reg. 5 Richard Clarizio, EPA-Reg. 5 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 Austine Frawley, EPA-Reg. 1 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 Rich Guimond, OS-100 Beth Hall, WH-550E 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 RonJosephson,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 Walter Kovalick, OS-110 Joan Lee, LA DEQ 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 Tamara Mount, Hotline Beverly Negri, EPA-Reg. 6 Susan O'Keefe,LE-134S ChaePak, EPA-Reg. 10 Wendy Porman, DOI Myra Perez, EPA-Houston Mark PhUlips, 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 DBS Elaine Stanley, OS-500 Kathie 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, 5201-G CarieVanHook, 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 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 ------- |