EPA530-R-94-005d
PB94-922 404
MONTHLY HOTLINE REPORT
April 1994 • f<
RCRA/UST, Superfund, and EPCRA
f A
;»-£<» •
Hotline Questions and Answers
Resource Conservation and Recovery Act (RCRA) 1
Underground Storage Tanks (UST) 2
Emergency Planning and Community Right-to-Know Act (EPCRA).... 2
New Publications
Resource Conservation and Recovery Act (RCRA) 7
Underground Storage Tanks (UST) 8
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) 8
Emergency Planning and Community Right-to-Know Act (EPCRA).... 9
Other 9
Federal Registers
Final Rules 11
Proposed Rules 12
Notices 12
Call Analyses
Calls Answered 17
Caller Profiles 20
Hotline Topics •^••m-wm-m-m 22
3
RCRA/UST, Superfund, and EPCRA
National Toil-Free Nos.: 800-424-9346 or 800-535-0202
Local: 703-412-9810
TDD National Toil-Free No.: 800-553-7672
This report is prepared and submitted in support of Contract No. 68-WO-0039.
EPA Project Officer:
Carie VanHook Jasperse
U.S. Environmental Protection Agency
Washington, DC 20460
Printed on
Recycled Paper
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HOTLINE QUESTIONS AND ANSWERS
RCRA
1. Surface Impoundment Leachate
Collection and Removal Systems
According to 40 CFR §265221(a), owners
or operators of new surface impoundments,
lateral expansions of surface impoundments,
and replacements of existing surface impound-
ments must install two or more liners and a
leachate collection and removal system in
accordance with §264.221(c), unless exempted
under §§264.221(d), (e), or (f). When must an
owner or operator complete installation of the
leachate collection and removal system?
An owner or operator must complete
installation of the leachate collection and
removal system at least 30 days prior to receipt
of waste. The installation completion date
stems from the requirement for owner or
operators to have a construction quality
assurance (CQA) program. Surface
impoundments required to comply with
§265.221 (a) must have a CQA program to
ensure that the constructed unit meets or
exceeds all design criteria
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Hotline Questions and Answers
April 1994
3. Designating Exempt Recycling
Facilities on the Manifest
A generator who transports, or offers for
transportation, hazardous waste for off-site
treatment, storage, or disposal must prepare a
hazardous waste manifest and designate on
the manifest one facility that is permitted to
handle the shipment (§§26220(a) and (b)).
Does the requirement to designate a permitted
facility preclude shipments of hazardous waste
to recycling facilities that are exempt from
RCRA permitting requirements?
No, the Federal EPA requirement to
designate on the manifest a destination for
each hazardous waste shipment does not
prohibit generators from sending waste to
exempt recycling facilities. Box 9 on the
Uniform Hazardous Waste Manifest (EPA
Form 8700-22) is reserved for the name and
site address of the "designated facility." As
indicated in the definition of "designated
facility" under §260.10, the universe of sites
to which a generator may direct hazardous
waste includes permitted facilities, facilities
operating under interim status, facilities which
reclaim precious metals from hazardous
waste, and hazardous waste recycling facilities
exempt from permitting requirements under
§261.6(c)(2). (For further explanation of this
provision see 50 F_R 652; January 4, 1985.)
Although the recycling process itself is
exempt from RCRA regulation, owner/
operators of facilities that recycle hazardous
waste must obtain an EPA identification
number and comply with the manifest
requirements under §§265.71 and 265.72
(§261.6(c)(2)).
UST
4. Occurrence Definition for
Underground Storage Tank (UST)
Financial Responsibility
The financial responsibility requirements
of Pan 280 require owners or operators of
USTs to demonstrate that they can pay for
accidental leaks and spills of petroleum
products on a per-occurrence, as well as an
aggregate basis. For the purposes of the UST
financial responsibility regulations, how is the
term "occurrence" defined?
EPA interprets the term occurrence to
refer to all contamination discovered during a
single site investigation. For example, if two
tanks are discovered to be leaking during the
same site investigation, regardless of whether
they are part of the same UST system or two
separate tanks, EPA considers it to be one
occurrence, with one cleanup conducted. This
is consistent with the insurance industry's
policy, which would require the owner or
operator to pay only one deductible in such a
situation. Leaks discovered at different times
from the same UST system, as a result of
unrelated investigations, however, would be
considered two occurrences, with two
deductibles paid by the owner/operator.
EPCRA
5. Revisions to the Toxic Chemicals
List under EPCRA §313
EPCRA §313(d) provides for the addition
and deletion of chemicals to and from the list
of toxic chemicals found at 40 CFR §372.65.
According to EPCRA §313(d)(4), any revision
to the list made on or after January 1 and
before December 1 of any calendar year will
take effect beginning with the next calendar
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April 1994
Hotline Questions and Answers
year. Any revision made on or after
December 1 and before January 1 of the next
calendar year mil take effect beginning with
the calendar year following the next calendar
year. While all additions to the list are subject
to these provisions, the Agency has not applied
the delayed effective dates specified in EPCRA
§313(dX4)for any rules deleting chemicals
from the EPCRA §313 list. To date, the
promulgated final rules delisting chemicals
have been effective on the date of publication
of the final rule in the Federal Register.
Moreover, when EPA has issued the final rule
before July 1, the Agency has relieved facilities
of their reporting obligation for the previous
calendar year in addition to obviating future
reporting. Given the statutory language, why
has EPA not promulgated a delayed effective
date for those actions deleting substances from
the list of toxic chemicals?
Although the statutory language outlines a
delayed effective date provision, EPA
interprets EPCRA §313(d)(4) to apply only to
actions which add to the list of toxic
chemicals. As explained in the final rule
deleting di-n-octyl phthalate from the EPCRA
§313 list, published on October 5, 1993 (58 FR
51785), the Agency believes that it may, in its
discretion, make deletions effective
immediately upon the determination that a
chemical does not satisfy the listing criteria
found at EPCRA §313(d)(2). Since a deletion
from the list alleviates a regulatory burden, and
5 U.S.C. §553(d)(l) permits any substantive
rule which relieves a restriction to take effect
without delay, EPA is authorized to delete
chemicals from the list effective immediately.
The Agency believes that the purpose of
EPCRA §313(d)(4) is to provide facilities with
adequate time to incorporate newly listed
chemicals into their data collection processes.
Because facilities can immediately cease
reporting on a delisted chemical, and since the
chemical no longer satisfies the listing criteria,
EPA has not specified a delayed effective date
for deletions from the list of toxic chemicals
under EPCRA §313.
6. Hydrogen Sulfide Collection and
Transport Under EPCRA §313
A manufacturing facility subject to EPCRA
§313 draws water to the surface from an
underground formation. During this activity,
naturally occurring hydrogen sulfide (CAS no.
7783-06-4) is released from the water due to
the change in pressure from the formation to
the surface. The facility collects this hydrogen
sulfide in storage tanks and uses a pipeline to
transport the chemical off-site. The water is
then pumped back into the underground
formation to maintain the level of pressure
necessary to extricate additional hydrogen
sulfide. The collected hydrogen sulfide is not
altered in any way, and is distributed in the
same form and concentration as it is drawn
from the formation. Hydrogen sulfide is a
newly designated EPCRA §313 toxic chemical,
and must be considered for threshold and
release determinations for the 1994 reporting
year (58 ER 63500; December 1,1993).
Would these extrication, collection, and
transport activities be considered reportable .
under EPCRA §313, thus requiring the facility
to file a Form Rfor hydrogen sulfide?
A facility would need to file a Form R, if
the facility exceeds the applicable threshold
level, because the hydrogen sulfide has been
processed. Section 313 requires that a covered
facility indicate whether it is manufacturing,
processing, or otherwise using the listed toxic
chemical. The term "process" is defined as the
preparation of a toxic chemical, after its
manufacture, for distribution in commerce (40
CFR §372.3). Although the hydrogen sulfide
is not altered in any way, it is still considered
processed because the facility is selling the
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Hotline Questions and Answers
April 1994
listed toxic chemical and preparing it for
distribution in commerce.
A facility engaged in this type of activity
would need to indicate on the Form R the
specific type of processing that the hydrogen
sulfide is undergoing. Repackaging,
considered to be a type of processing, includes
any transfer of a toxic chemical from one
container to another, regardless of the size or
type of containers involved (Monthly Hotline
Report: March 1993). The transfer of
hydrogen sulfide from the storage tank to the
pipeline constitutes repackaging. Thus, the
facility would indicate this activity by marking
§3.2(d)oftheFormR.
7. Coincidental Production of
Hazardous Chemicals Requires
Reporting Under EPCRA §304
Pursuant to EPCRA §304(a)(2), the owner
or operator of a facility must report to the
State Emergency Response Commission
(SERC) and the Local Emergency Planning
Committee (LEPC) any releases of extremely
hazardous substances (EHSs) or CERCLA
hazardous substances which equal or exceed
established reportable quantities (RQs). This
requirement only applies, however, to owners
and operators of facilities at which hazardous
chemicals are produced, used, or stored. For
purposes of EPCRA emergency release
notification, is a hazardous chemical
considered "produced" if it is generated solely
as a by-product which is immediately released
to the air? Does the facility become subject to
release reporting requirements even if this by-
product is the only hazardous chemical present
on-site?
Generation of a hazardous chemical as a
by-product is considered "production" under
EPCRA §304(a)(2), and any facility generating
a hazardous chemical in this manner must
evaluate EHS and CERCLA hazardous
substance releases for EPCRA notification
purposes. EPA considers the term "produce"
to be synonymous with "manufacture" under
EPCRA §313, and according to the definition
in 40 CFR §372.3, manufacturing includes
coincidental generation of a chemical by-
product during the production, processing, use,
or disposal of another chemical substance or
mixture. Releasing the chemical by-product to
the air immediately following production in no
way alleviates the facility's reporting burden.
Further, when a facility produces substances
which themselves are not hazardous chemicals,
but which after release rapidly form hazardous
chemicals in the environment, the hazardous
chemcials are also considered "produced" for
purposes of EPCRA emergency release
notification (51 F_R 34534; September 29,
1986). Therefore, facilities at which hazardous
chemicals are produced as a by-product of
facility operations, including those rapidly
formed in the environment subsequent to their
release, are required to notify the SERC and
LEPC of any EHS or CERCLA hazardous
substance release which equals or exceeds an
RQ within a 24-hour period.
8. MSDS Submission for Leaded and
Unleaded Gasoline
A service station stores both leaded and
unleaded gasoline on-site. For the purpose of
EPCRA §311 hazardous chemical inventory
reporting, is the owner I operator of the facility
required to submit separate material safety
data sheets (MSDS) for each type of gasoline,
or is a single MSDS sufficient?
Section 311 of EPCRA requires the owner/
operator of a facility to submit a MSDS to the
state and local authorities for each hazardous
chemical present at the facility above
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April 1994
Hotline Questions and Answers
appropriate thresholds. A hazardous chemical
is defined under Occupational Safety and
Health Act (OSHA) regulations codified at 40
CFR §1910.1200(c) as any chemical which
poses a physical or health hazard. This
definition also applies to EPCRA §§311 and
312. A facility owner or operator is required
under OSHA to prepare and maintain a MSDS
for each hazardous chemical present on-site.
The OSHA Hazard Communication Standard
at 29 CFR §1910.1200(g)(4) specifies,
however, that where complex mixtures have
similar hazards and contents, it is sufficient to
prepare one MSDS to apply to all similar
mixtures. OSHA interprets this provision to
permit the preparation of a single MSDS to
cover all blends of leaded and unleaded
gasoline, provided that hazards associated only
with leaded gasoline, or only with unleaded
gasoline, are identified separately on the
MSDS. Consequently, the requirements under
EPCRA §311 can be met either by submitting
a separate MSDS for each type of gasoline if
available, or by submitting one MSDS for all
gasoline blends at the facility.
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NEW PUBLICATIONS
HOW TO ORDER...
NTIS Publications are available by calling (703) 487-4650, or writing NTIS, 5285 Port Royal Road, Springfield,
VA 22161. Use the NTIS Order Number listed under the document.
EPA Publications are available through the Hotline. Use the EPA Order Number listed under the document.
RCRA/UST, Superfund. and EPCRA
National Toll-Free Nos.: 800-424-9346 or 800-535-0202
Local: 703-412-9810
TDD National Toll-Free No.: 800-553-7672
flCRA
TITLE: "Reusable News, Winter 1994"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-N-94-001
Reusable News is a quarterly newsletter that
reports on municipal solid waste management
issues. The winter 1994 edition focuses on
EPA's WasteWi$e program, a program to help
businesses reduce solid waste. The newsletter
also explains the key provisions of Executive
Order 12873, entitled "Federal Acquisition,
Recycling, and Waste Prevention." Another
article contains information about a "Buying
Recycled" campaign which is a joint venture
between EPA and Keep America Beautiful,
Inc. This issue includes a detachable order
form introducing waste prevention
publications.
TITLE: "Collecting Used Oil for Recycling/
Reuse: Tips for Consumers Who Change Their
Own Motor Oil and Oil Filters"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-94-008
This brochure provides step-by-step
instructions on how to safely change motor oil
and oil filters. It stresses the importance of
recycling used oil and provides tips for
safeguarding the environment.
TITLE: "MSW Factbook"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-C-93-001a
(3.5" disk)
EPA-530-C-93-001b
(5.25" disk)
This IBM-compatible electronic reference manual
contains information on waste prevention,
recycling, waste-to-energy combustion, and land
disposal. It provides data on state solid waste
managment programs and other solid waste issues
in the form of charts, graphs, maps, and tables.
Lists of helpful contacts and related publications
are also included.
TITLE: "Municipal Solid Waste Flow Control:
Summary of Public Comments"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-R-94-008
This document contains written comments
received by EPA in preparation of the Report to
Congress on Municipal Solid Waste Flow Control.
These comments reflect the opinions of various
parties concerned with MSW flow controls. The
document, however, does not reflect EPA's
position on any of the issues. The report
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New Publications
summarizes comments from state and local
governments, waste management agencies,
recycling industries, environmental groups and
individuals. Chapters pertain to impacts of
flow controls on solid waste management,
source reduction and recycling, economics,
recyclable materials, and human health and the
environment.
TITLE: "The 1993 RCRA Inspection
Manual"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB94-963 605
This manual provides procedural and technical
information that inspectors may use to
determine facility compliance with RCRA
standards. It includes information on
conducting inspections, procedures for
developing permit-specific TSDF inspections,
and guidelines for inspection follow-ups. The
publication contains checklists to guide RCRA
inspections and includes a list of resources
such as guidance documents and Federal
Register notices, for additional information.
April 1994
CERCLA
TITLE: "Don't Wait Until 1988: Spill,
Overfill, and Corrosion Protection for
Underground Storage Tanks"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA510-B-94-002
This booklet was developed to assist owners
and operators in meeting the upgrade
requirements for existing underground storage
tanks. Federal regulations require that existing
underground storage tanks have spill
protection, overfill protection, and corrosion
protection by December 22, 1998.
TITLE: "Superfund Revitalization: Measures
of Success"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB94-963 217
This report summarizes the status of several
initiatives undertaken as part of the Superfund
revitalization effort, and to the extent possible,
estimates the benefits that may be attributable
to those initiatives. The revitalization effort
focuses on streamlining the Superfund
program to ensure that risks are addressed
quickly and effectively. The initiatives
discussed include: construction completion,
Superfund Accelerated Cleanup Model
(SACM), presumptive remedies, Quick
Turnaround Method (QTM) Analytical
Services, d£ minimis settlements, contracts
management, and communications with states
and the public.
TITLE: "Health and Safety Plan (HASP)
User's Guide"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB93-963 414
A site-specific health and safety plan must be
developed and implemented for each
Superfund site where workers are potentially
exposed to hazardous substances. Health and
Safety Planner (HASP) Version 3.0/4.0 is a
software program that generates a site-specific
safety plan using and automated decision-
making process. This user's guide provides
information on HASP'S system requirements
and installation as well as step-by-step
instructions that teach the user about HASP'S
capabilities.
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April 1994
New Publications
TITLE: "Site Inspection Prioritization
Guidance"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB93-963 340
The revision of the Hazard Ranking System
(HRS) in December of 1990 (55 ER 51532;
December 14, 1990), created a backlog of
Superfund sites which required additional
investigation to be properly evaluated.
Consequently, EPA established the Site
Inspection Prioritization (SIP) Program to help
set priorities among these sites for inclusion on
the National Priorities List (NPL) and to screen
out sites not meeting the criteria for inclusion
on the NPL. This fact sheet provides guidance
to EPA, state, and contractor staff responsible
for conducting SIPs.
tPCRA
TITLE: "1992 Toxics Release Inventory:
State Fact Sheet"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA745-F-94-001
Under §313 of EPCRA, certain manufacturers
must report on the transfer and releases of
toxic chemicals and chemical compounds to
the EPA. This public data release features a
state listing of the top ten toxic chemical
emitters and a table depicting the status of state
TRI programs.
TITLE: "1992 Toxics Release Inventory:
Public Data Release"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA745-F-92-001
This document provides an overview of the
transfers and releases of toxic chemicals from
facilities into the air, water, and land. The
information is indexed by state, chemical,
industry, and year.
OTHER
TITLE: "Monthly Hotline Report"
AVAILABILITY: NTIS
NTIS ORDER NO.: See below
Yearly Subscription PB94-922 400
530-R-94-005
January 1994
February 1994
March 1994
April 1994
PB94-922 401
530-R-94-005a
PB94-922 402
530-R-94-005b
PB94-922 403
530-R-94-005c
PB94-922 404
530-R-94-005d
The reports contain questions that required
EPA resolution or were frequently asked,
publications availability, Federal Register
summaries, and Hotline call statistics.
The Monthly Hotline Report Questions and
Answers are also available for downloading at
no charge from CLU-IN at (301) 589-8366.
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FEDERAL REGISTERS
FINAL RULES
RCRA
"North Carolina; Final Authorization of
State Hazardous Waste Management
Program Revisions"
April 4,1994 (59 EB 15633)
EPA intends to approve the State of North
Carolina's hazardous waste program revisions
under RCRA. Final authorization will be effective
June 3,1994, unless EPA publishes a prior action
withdrawing this immediate final rule. Comments
must be received on or before May 4,1994.
"North Dakota; Final Authorization of State
Hazardous Waste Management Program
Revisions"
April 7,1994 (59 FR 16566)
EPA intends to approve the State of North
Dakota's hazardous waste program revisions under
RCRA. Final authorization will be effective June
6,1994, unless EPA publishes a prior action
withdrawing this immediate final rule. Comments
must be received on or before May 9,1994.
"Colorado; Rnal Authorization of State
Hazardous Waste Management Program
Revisions"
April 7,1994 (59 FR 16568)
EPA intends to approve the State of Colorado's
hazardous waste program revisions under RCRA.
Final authorization will be effective June 6,1994,
unless EPA publishes a prior action withdrawing
this immediate final rule. Comments must be
received on or before May 9,1994.
'Texas; Final Authorization of State
Hazardous Waste Management Program
Revisions"
April 11,1994 (59 EB 16987)
EPA intends to approve the State of Texas'
hazardous waste program revisions under RCRA.
Final authorization will be effective June 27,1994,
unless EPA publishes a prior action withdrawing
this immediate final rule. Comments must be
received on or before May 26,1994.
'Texas; Final Authorization of State
Hazardous Waste Management Program
Revisions"
April 12,1994 (59 FR 17273)
EPA intends to approve the State of Texas'
hazardous waste program revisions under RCRA.
Final authorization will be effective June 27,1994,
unless EPA publishes a prior action withdrawing
this immediate final rule. Comments must be
received on or before May 27,1994.
"Georgia; Rnal Authorization of State
Hazardous Waste Management Program
Revisions"
April 26,1994 (59 FB 21664)
EPA intends to approve the State of Georgia's
hazardous waste program revisions under RCRA.
Final authorization will be effective June 27,1994,
unless EPA publishes a prior action withdrawing
this immediate final rule. Comments must be
received on or before May 26,1994.
11
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Federal Registers
April 1994
CERCLA
"Acquisition Regulation Concerning
Conflicts of Interest"
April 19, 1994 (59 EB 18600)
EPA amended acquisition regulation coverage on
organizational conflicts of interest for all EPA
contracts. Under this rule, contracts funded through
EPA's Superfund program will contain clauses
requiring confidentiality agreements; requiring
contractors to notify EPA immediately of conflicts
of interest; and restricting future contracts. This rule
is effective May 19, 1994.
NOTICES
-PROPOSED RULES
RCRA
"Identification and Listing of Hazardous
Waste; Proposed Amendment"
April 11,1994 (59 FR17080)
EPA proposed to modify an exclusion from the
list of hazardous wastes previously granted for
certain solid wastes generated by POP Fasteners in
Shelton, Connecticut Comments must be
submitted on or before May 11,1994.
"Comprehensive Guideline for
Procurement of Products Containing
Recovered Materials"
April 20,1994 (59 EB 18852)
EPA proposed a Comprehensive Procurement
Guideline designating items that are or can be made
with recovered materials. This proposed rule
implements RCRA §6002(e). Comments must be
submitted on or before June 20,1994.
RCRA
"Cheyenne River Sioux Tribe; Adequacy
Determination of State/Tribal Municipal
Solid Waste Landfill Permit Programs"
April 7,1994 (59 EB 16642)
Pursuant to RCRA §4005(cXl)(Q, EPA gave
notice of a tentative determination, public hearing,
and public comment period concerning the
adequacy of the Cheyenne River Sioux Tribe's
municipal solid waste landfill permit program. The
public hearing is scheduled for June 1,1994.
Comments must be received on or before June 1,
1994.
"South Dakota; Adequacy Determination
of State/Tribal Municipal Solid Waste
Landfill Permit Program"
April 7,1994 (59 EB16648)
Pursuant to RCRA §4005(cXl)(Q, EPA gave
notice of a tentative determination, public hearing,
and public comment period concerning the
adequacy of South Dakota's municipal solid waste
landfill permit program. The public hearing is
scheduled for June 2,1994. Comments must be
received on or before June 2,1994.
"1993 RCRA Inspection Manual; Notice of
Availability"
April 8,1994 (59 EB 16811)
EPA announced the availability of a final
inspection guidance entitled The 1993 RCRA
Inspection Manual. The manual provides guidance
concerning the procedures and checklists employed
by duly authorized inspectors during inspections
pursuant to §3007.
12
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April 1994
Federal Registers
NOTICES
"Ohio and Wisconsin; Schedules of
Compliance for Modification of Hazardous
Waste Programs"
April 11,1994 (59 EB16991)
EPA published compliance schedules for Ohio and
Wisconsin to modify their respective RCRA
programs in accordance with 40 CFR §271.21(g).
The modifications are retroactive to January 1,1993.
"Missouri; Final Determination of Adequacy
of StateHnbal Municipal Solid Waste
Permit Program"
April 13,1994 (59 EB 17526)
Pursuant to RCRA §4005(cXl)(Q, EPA gave
notice of full program adequacy for Missouri's
municipal solid waste landfill permit program. The
determination of adequacy is effective April 13,
1994.
"Extension of Comment Period for
Carbamate Production Proposed Rule"
April 18,1994 (59 EB18348)
EPA extended the comment period for a proposed
rule published on March 1,1994 (59 FR 9808),
which proposed to amend RCRA regulations by
proposing to list as hazardous certain wastes from
the production of carbamate chemicals. Comments
must now be submitted on or before May 16,1994.
"Storage Prohibition at Facilities Generating
Mixed Radioactive Hazardous Waste;
Enforcement"
April 20,1994 (59 EB 18813)
EPA announced an extension of its policy on the
civil enforcement of the storage prohibition in
RCRA §3004(j) at facilities which generate mixed
radioactive hazardous waste. This action generally
renews the August 1991 (56 FR 42730), policy for
an additional two-year period This rule is effective
April 20,1994.
"Consent Decree; Rolling Mills, Inc."
April 20,1994 (59 EB 18829)
A Consent Decree in United States v. National
Rolling Mills. Tnyr was lodged with the U.S. District
Court for the Eastern District of Pennsylvania on
March 24,1994. The decree requires the defendant
to pay $300,000 for RCRA violations at the facility
in Malvem, Pennsylvania Comments will be
received for a period of 30 days from the date of
publication.
"Recovered Materials Advisory Notice"
April 20,1994 (59 EB 18892)
EPA gave notice of the issuance of a draft
recovered materials advisory notice. The notice
designates items that are or can be made with
recovered materials pursuant to RCRA §6002.
Comments must be submitted on or before June 20,
1994.
CERCLA
"Proposed Settlement; Moseiy Road
Sanitary Landfill Site"
April 4,1994 (59 FR 15728)
EPA proposed to enter into a d£ minimis
settlement under CERCLA §122(g). The settlement
requires die settling parties to reimburse EPA for
costs incurred in connection with the Moseiy Road
Sanitary Landfill Site in Oklahoma City, Oklahoma.
Comments will be received for a period of 30 days
from the date of publication.
13
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Federal Registers
April 1994
NOTICES
"Consent Decree; Davis Liquid Waste Site" "Consent Decree; Caldwell Trucking Site"
April 5,1994 (59 EB 15949) April 19,1994 (59 EB18578)
A Consent Decree in United States v. Davis was
lodged with the U.S. District Court for the District of
Rhode Island on March 23,1994. Thedecree
requires the defendants to reimburse EPA
$1,500,000 for costs incinred in connection with the
Davis Liquid Waste Site in Smithfield, Rhode
Island Comments will be received for a period of
30 days from die date of publication.
"Consent Decree; Fletcher's Paint Works
and Storage Facility Site"
April 5,1994 (59 FR15949)
A Consent Decree in United States v. General
Electric, gt aL was lodged with the U.S. District
Court for the District of New Hampshire on March
24,1994. The decree requires the defendants to
reimburse EPA $600,000 for costs incurred in
connection with the Fletcher's Paint Works and
Storage Facility Site in Milford, New Hampshire.
Comments will be received for a period of 30 days
from the date of publication.
"Proposed Settlement; Lee Chemical
Company Site"
April 18,1994 (59 FR 18398)
EPA proposed to enter into an administrative
settlement under CERCLA §122(i). The settlement
requires the settling parties to reimburse EPA
$389,522 for costs incurred in connection with the
Lee Chemical Company Site in Liberty, Missouri.
Comments will be received for a period of 30 days
from the date of publication.
A Consent Decree in United States v. The
Carborundum Company, et al.. was lodged with the
U.S. District Court for the District of New Jersey on
March 30,1994. The decree requires the defendants
to reimburse EPA $ 1,960,000 for costs incurred in
connection with the Caldwell Trucking Site in
Fairfield, New Jersey. Comments will be received
for a period of 30 days from the date of publication.
"Consent Decree; Jacksonville and Rogers
Road Municipal Landfill Sites"
April 19,1994 (59 EB18578)
Two Consent Decrees in United States v. City of
Jacksonville. Arkansas, were lodged with the U.S.
District Court for the Eastern District of Arkansas on
April 6,1994. The decrees are d£ minimjs
settlements under CERCLA §§ 106 and 107, and
resolve the city's liability with respect to the
Jacksonville and Rogers Road Municipal Landfill
S ites. Comments will be received for a period of 30
days from the date of publication.
"Consent Decree; Malitovsky Drum Site"
April 19,1994 (59 EB 18578)
A Consent Decree in United Stap^ v, MflJ'tovsky
Cooperage Co. was lodged with U.S. District Court
for the Western District of Pennsylvania on
March 31,1994. The decree requires the defendants
to reimburse EPA $750,000 for costs incurred in
connection with the Malitovsky Drum Site in
Pittsburgh, Pennsylvania Comments will be
received for a period of 30 days from the date of
publication.
14
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r
April 1994
Federal Registers
NOTICES
"Consent Decree; Savage Municipal Water "Proposed Settlement; Jones Tire & Battery
Supply Well Site" Site"
April 20,1994 (59 EB18828) April 25,1994 (59 EB19720)
A Consent Decree in United States and State of
New Hampshire v. Conduction Corporation, et al..
was lodged with the U.S. District Court for the
District of New Hampshire on April 7,1994. The
decree requires the defendants to reimburse EPA
and the State of New Hampshire $4,000,000 for
costs incurred in connection with the Savage
Municipal Water Supply Well Site in Milford, New
Hampshire. Comments will be received for a period
of 30 days from the date of publication.
"Consent Decree; JMC Furniture Site"
April 20,1994 (59 FR18829)
A Consent Decree in United States v. Gaither S.
Walser. Executor of the Estate of Nancy Miller, et
aL was lodged with the U.S. District Court for the
Middle District of North Carolina on April 7,1994.
The decree requires the defendants to reimburse
EPA $145,000 for costs incurred in connection with
the JMC Furniture Site in Lexington, North
Carolina. Comments will be received for a period of
30 days from die date of publication.
"Radiation Site Cleanup Regulation
Subcommittee; Public Meeting"
April 25,1994 (59 FR 19719)
EPA gave notice of a two-day meeting of the
Radiation Cleanup Regulation Subcommittee of the
National Advisory Council for Environmental
Policy and Technology on May 18 and 19,1994, in
Washington, DC. The meeting will discuss progress
in developing regulations governing the disposal of
wastes generated during cleanup operations.
EPA proposed to enter into a dgminirnis
settlement under CERCLA §122(gX4). The
settlement requires die settling parties to reimburse
EPA for costs incurred in connection with the Jones
Tire and Battery Site in Birmingham, Alabama
Comments will be received for a period of 30 days
from the date of publication.
"Administrative Order on Consent for
Removal Action; McCluskey Farm Drum
Site"
April 26,1994 (59 EB 21766)
EPA has agreed to settle claims for response costs
at the McCluskey Farm Drum Site in Dacula,
Georgia. Comments will be received for a period of
30 days from die date of publication.
"Proposed Cost Recovery Agreement; T/B
Star 6 Mobile Bay Site"
April 26,1994 (59 FJR 21766)
EPA has agreed to settle claims for response costs
at the T/B Star 6 Mobile Bay Site in Mobile,
Alabama. Comments will be received for a period
of 30 days from the date of publication.
CERCLA/IRS
'Tax on Certain Imported Substances;
Withdrawal of Petition"
April 18,1994 (59 EB 18439)
The Internal Revenue Service announced the
withdrawal of a petition requesting that acrylonitrile-
butadiene-styrene pellets be added to die list of
taxable substances under §4672(aX3) of the Internal
Revenue Code.
15
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Federal Registers
April 1994
'Tax on Certain Imported Substances;
Withdrawal of Petition"
April 18,1994 (59 £B 18439)
NOTICES
EPCRA
The Internal Revenue Service announced the
withdrawal of a petition requesting that alpha methyl
styrene polymer be added to the list of taxable
substances under §4672(aX3) of the Internal
Revenue Code.
'Tax on Certain Imported Substances;
Filing of Petition"
April 18,1994 (59 FR 18439)
The Internal Revenue Service announced the
acceptance of a petition requesting that di-2 ethyl
nexyl phthalate be added to the list of taxable
substances under §4672(a)(3) of the Internal
Revenue Code. Comments must be received on or
before June 17,1994.
'Tax on Certain Imported Substances;
Filing of Petition"
April 18,1994 (59 FR 18440)
The Internal Revenue Service announced the
acceptance of a petition requesting that
polycarbonate be added to the list of taxable
substances under §4672(a)(3) of the Internal
Revenue Code. Comments must be received on or
before June 17,1994.
'Tax on Certain Imported Substances;
Filing of Petitions"
April 18,1994 (59 £B 18440)
The Internal Revenue Service announced the
acceptance of petitions requesting that sodium
nitriolotriacetate monohydrate, diphenyl oxide, and
tetrachlorophthalic anhydride be added to the list of
taxable substances under §4672(a)(3) of the Internal
Revenue Code. Comments must be received on or
before June 17,1994.
"Federal Compliance with Right-to-Know
Laws and Pollution Prevention
Requirements; Federal Facility
Workshops"
April 29,1994 (59 F_8 22158)
EPA gave notice of a series of three-day
workshops for federal agencies' personnel on the
requirements of Presidential Executive Order (EO)
12856, Federal Compliance with Right-to-Know
Laws and Pollution Prevention Requirements. The
workshops begin May 10-12,1994, in Washington,
DC.
OTHER
"EPA Semiannual Regulatory Agenda"
April 25,1994 (59 F_B 21042)
EPA's semiannual regulatory agenda describes the
Agency's ongoing and long-term plans for policy
and regulation development, revision, and review.
16
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CALL ANALYSES
CALLS ANSWERED BY HOTLINE
April Daily Volume*
EPCRA and
Superfund
1 2 3 4 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 31
Year to Date*
RCRA/UST
January
February
March
April
Month
5,843
5,069
6,059
4,535
Cumulative
5,843
10,912
16,971
21,506
EPCRA and Superfund
January
February
March
April
Month
4,418
6,835
7,203
6,114
Cumulative
4,418
11,253
18,456
24,570
Documents
(All Program Areas)
January
February
March
April
Month
4,050
4,095
4,081
3,203
Cumulative
4,050
8,145
12,226
15,429
•All calls answered by the Call Management System, the Message Retrieval Line, and the Document Retrieval Line.
17
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Call Analyses
April 1994
QUESTIONS ANSWERED BY TYPE
April Daily Volume*
400 ••
.—«. Regulatory
Document
H 1 r-
H h
-\ 1 h
1 1 1 1 1 1 1 1 h
1 2 3 4 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 31
Year to Date*
Regulatory
January
February
March
April
Month
12,042
12,609
15,947
13.686
Cumulative
12,042
24,651
40,598
54,284
Document
January
February
March
April
Month
4,353
4,528
4,789
3,931
Cumulative
4,353
8,881
13,670
17,601
Referral
January
February
March
April
Month
768
1,288
1,954
1,482
Cumulative
768
2,056
4,010
5,492
* All questions answered by the Call Management System, the Message Retrieval Line, and the Document Retrieval Line. A
single call may include multiple questions combined with document requests and referrals.
18
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April 1994
Call Analyses
QUESTIONS ANSWERED BY PROGRAM AREA
April 1994*
'Based on 17,617 questions and excludes 1,482 referrals made from both Hotlines. Includes the Message Retrieval
Line and the Document Retrieval Line.
Year to Date*
January
February
March
April
RCRA
Month
57%
(9,394)
51%
(8,788)
54%
(11,149)
49%
(8,708)
Cumulative
57%
(9,394)
54%
(18,182)
54%
(29,331)
53%
(38,039)
UST
Month
4%
(668)
5%
(831)
5%
(993)
5%
(857)
Cumulative
4%
(668)
5%
(1,499)
5%
(2,492)
5%
(3,349)
EPCRA
Month
25%
(4,100)
29%
(4,923)
27%
(5,588)
31%
(5,509)
Cumulative
25%
(4,100)
27%
(9,023)
27%
(14,611)
28%
(20,120)
Superfund
Month
14%
(2,223)
15%
(2,595)
14%
(3,006)
15%
(2,543)
Cumulative
14%
(2,223)
14%
(4,818)
14%
(7,824)
14%
(10,367)
19
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Call Analyses
April 1994
CALLER PROFILE
RCRA/UST Hotline
Regulated Community 5,030
Citizens 239
State & Local Govt./Native American 206
Federal Agencies 104
Educational Institutions 148
EPA 95
Media 6
Interest Groups 9
Congress 3
International 5
Other 58
Referrals* 220
Document Retrieval Line* 105
Message Retrieval Line* 100
TOTAL
6,328
State & Local Govt./
Native American Federal Agenc.es
All Others
6%
Regulated
Community
* No caller profile daia available.
20
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•V-
April 1994
Call Analyses
Emergency Planning and Community Right-to-Know/
Superfund Hotline
Manufacturers
Food/Tobacco 60
Textiles 15
Apparel 2
Lumber & Wood 17
Furniture 15
Paper 31
Printing & Publishing 35
Chemicals 340
Petroleum & Coal 135
Rubber and Plastics 56
Leather 16
Stone, Clay & Glass 40
Primary Metals 48
Fabricated Metals 148
Machinery (Excluding Electrical) 29
Electrical&Electronic Equipment 62
Transportation Equipment 38
Instruments 17
Misc. Manufacturing 120
Subtotal 1,224
Consultants/Engineers
Attorneys
Citizens
Public Interest Groups
Educational Institutions
EPA
Federal Agencies
GOCOs
Congress
State Officials/SERCs
Local Officials/LEPCs
Fire Departments
Hospitals/Laboratories
Trade Associations
Union/Labor
Farmers
Distributors
Insurance Companies
Media/Press
Native Americans
International
Other
Referrals*
Document Retrieval Line*
Message Retrieval Line*
TOTAL
2,394
511
545
92
161
78
155
24
7
89
82
26
58
28
5
7
47
7
45
2
9
242
1,262
31
393
7,524
Attorneys
9%
Citizens
9%
All Others
20%
Consultants/
Engineers
41%
Manufacturers
21%
1 No caller profile data available.
21
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.Y*
..;»
>*V.'
Call Analyses
RCRA
Special Wastes
Ash
Mining Wastes, Bevill
Medical Wastes
Oil and Gas
Subtitle C (General)
Hazardous Waste Id. (General)
Toxicity Characteristic
Wood Preserving
Listing of Used Oil
Ruff
Radioactive Mixed Waste
Delisting Petitions
Hazardous Waste Recycling
Generators
Small Quantity Generators
Transportation/Transporters
TSDFs General
TSDFs Siting Facilities
TSDFs Capacity
TSDFs Treatment
TSDFs Burning
TSDFs Storage
TSDFs Disposal
Land Disposal Restrictions
Permits and Permitting
Corrective Action
Financial Liability/Enforcement
Test Methods
Health Effects
Waste Min./PoIIution Prevention
State Programs
Hazardous Waste Data
Household Hazardous Waste
Subtitle D (General)
Siting Facilities
Combustion
Industrial Waste
Composting
Source Reduction/Poll. Prev.
Grants & Financing
Procurement (General)
Building Insulation
Cement & Products with Fly Ash
April 1994
HOTLINE TOPICS
14
16
81
4
405
1.5181
79
19
82
1
48
22
2141
5951
227
89
263
13
6
102
52
64
55
4881
135
213
121
93
6
2451-2
119
20
182
6S21-3
16
13
17
28
35
5
37
4
4
Paper & Paper Products 6
Re-refined Lubricating Oil 3
Retread Tires 5
Solid Waste Recycling (General) 3511
Aluminum 10
Batteries 19
Glass 16
Paper 18
Plastics 23
Tires 20
Used Oil 168
Markets (General) 10
Aluminum 2
Batteries 4
Compost 2
Glass 2
Paper 3
Plastics 3
Tires 12
Used Oil 5
RCRA General 1,624"
TOTAL 8,708*
*
Includes 1,864 RCRA document requests.
UST
General/Misc. 1941
Applicability/Definitions 129
Regulated Substances 16
Standards for New Tank Systems 48
Tank Standards and Upgrading 61
Operating Requirements 50
Release Detection 72
Release Reporting & Investigation 39
Corrective Action for USTs 995
Out-of-Service/Closure 44
Financial Responsibility 68
State Programs 9
Liability/Enforcement 14
LUST Trust Fund 14
TOTAL 857*
* Includes 354 UST document requests.
1 Hot topics for this month.
Includes 100 message retrievals for information on the Regional Roundtables on the Draft Waste Minimization and
Combustion Strategy.
Includes 47 document retrievals for the "Municipal Solid Waste Factbook."
'Includes 24 document retrievals for the "Catalog of Hazardous and Solid Waste Publications."
Includes 34 document retrievals for "An Overview of UST Remediation Options."
I Topics are calculated as the summation of all questions received by the Hotline. A single call may result in
multiple questions.
22
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April 1994
Call Analyses
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
General:
General Title HI Questions 497
Trade Secrets 10
Enforcement 46
Liability/Citizen Suits 3
Training 62
Chemical-Specific Information 81
Emergency Planning (§§301-303):
General 138
Notification Requirements 56
SERC/LEPC Issues 53
EHSs/TPQs 74
Risk Communication/
Hazards Analysis 55
Exemptions 5
Emergency Release Notification (§304):
General 81
Notification Requirements 90
Reportable Quantities 133
CERCLA §103 vs. SARA §304 72
ARIP/AHEDB/ERNS 5
Exemptions 30
Hazardous Chemical Reporting
(§§311-312):
General 109
MSDS Reporting Requirements 111
Tier I/II Requirements 249
Thresholds 86
Hazard Categories 13
Mixtures Reporting 39
Exemptions 58
Toxic Chemical Release Inventory (§313):
Special Topics:
CAA§112
General 91
RMPs 126
List of Regulated Substances 3103
HF Study 1
Federal Facilities Executive Order 87
TOTAL 5,509
*Includes 1,070 Emergency Planning and Community
Right-to-Know document requests
SUPERFUND
General/Misc. 225
Access & Information Gathering 16
Administrative Record 6
ARARs 93
CERCLIS 145
Citizen Suits 6
Claims Against Fund 11
Clean-Up Costs 28
Clean-Up Standards 83
Community Relations 39
Contract Lab Program (CLP) 26
Contractor Indemnification 15
Contracts 20
Definitions 18
Enforcement 61
Federal Facilities 23
Hazardous Substances 133
HRS 23
Liability 79
Local Gov't Reimbursement 7
Natural Resource Damages 9
NCP 45
Notification 103
NPL 2631
Off Site Policy 22
OSHA 20
PA/SI 35
PRPs 35
RD/RA 19
Reauthorization 40
Remedial 104
Removal 43
RI/FS 42
Risk Assess./Health Effects 96
ROD 48
RQ 2771
1 Hot topics for this month.
Includes 228 message retrievals for information on the 1993 TRI Form R reporting package.
'Includes 151 message retrievals and 22 document retrievals for information on the Clean Air Act §112(r) Final List Rule.
1 Topics are calculated as the summation of all questions received by the Hotline. A single call may result in
multiple questions.
General
Reporting Requirements
Thresholds
Form R Completion
Supplier Notification
NOTEs/NONs
Voluntary Revisions
Pollution Prevention, 33/50
Public Access to Data
TRI Database
Petitions
TRI Expansion
Exemptions
6022
494
255
624
27
2
32
42
150
71
46
261
132
23
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