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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