EP A530-R-94-0056 lS
PB94-922 405
MONTHLY HOTLINE REPORT
May 1994
RCRA/UST, Superfund, and EPCRA
Hotline Questions and Answers
Resource Conservation and Recovery Act (RCRA) 1
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) 1
Emergency Planning and Community Right-to-Know Act (EPCRA).... 2
New Publications
Resource Conservation and Recovery Act (RCRA) 5
Underground Storage Tanks (UST) 7
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) 7
Emergency Planning and Community Right-to-Know Act (EPCRA).... 8
Other 9
Federal Registers
Final Rules 11
Proposed Rules 11
Notices 11
Call Analyses
Calls Answered 17
Caller Profiles 20
Hotline Topics 22
RCRA/UST, Supertund, 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
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. Energy Recovery On-Site Constitutes
Reuse for the Generator Processing
Exemption
A facility generates off-specification used
oil that the used oil generator wants to burn
on-sitefor energy recovery. The used oil
generator filters the off-specification used oil
in order to remove impurities. After filtering
the used oil, the generator burns it in an on-
site industrial furnace. Does the filtering
activity meet the definition of processing in
§279.1 and, therefore, subject the generator to
the used oil processor standards in 40 CFR
Part 279, SubpartF?
While filtering can meet the definition of
processing, used oil generators may filter,
clean, or otherwise recondition their own used
oil on-site for reuse on-site without meeting
the processor requirements (59 FR 10560;
March 4, 1994; §279.20(b)(2)(ii)(A)). The
Agency believes that on-site energy recovery
constitutes reuse for purposes of this provision.
If, on the other hand, the generator filters the
used oil for subsequent burning off-site, the
generator would be subject to the processor
requirements in Part 279, Subpart F.
Under the generator processing exemptions
in §279.20(b), EPA allows on-site but not off-
site burning of used oil generated from on-site
activities. This approach best enables the
Agency to encourage beneficial on-site reuse
and recycling activities that pose limited risks.
At the same time, the Agency ensures that
activities undertaken primarily to make used
oil amenable for shipment to an off-site
burner are regulated under the more stringent
processor standards (59 FR 10556; March 4,
1994).
2.
CERCLA
Reportable Quantity Adjustments
Under CERCLA and the CWA
In CERCLA §102, Congress established
reporting requirements for hazardous
substances released to the environment, and
directed EPA to assign and adjust their
applicable reportable quantities. CERCLA's
definition of hazardous substance includes
any substances designated pursuant to
§311(b){2)(A)oftheCWA. A substance
designated pursuant to the CWA is assigned a
reportable quantity (RQ) based on aquatic
toxicity criteria. This substance is
automatically included as a CERCLA
hazardous substance, with the CWA RQ
serving as the CERCLA statutory RQ. To
determine the final RQ, EPA evaluates the
possibility of harm from a release of the
hazardous substance, and may adjust the
CERCLA RQ based on scientific and
technical criteria including ignitability,
reactivity, chronic toxicity, and potential
carcinogenicity. The adjustment of a
CERCLA RQ could potentially cause a
conflict between the CERCLA and CWA
reporting thresholds. How is this conflict
resolved?
When an RQ is adjusted under CERCLA
the applicable RQ under the CWA is also
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Hotline Questions and Answers
May 1994
adjusted so that the RQs under both programs
are always consistent. In the April 4, 1985,
final rule, EPA added specific regulatory
language to the CWA regulations at 40 CFR
§117.3 and the CERCLA regulations at 40
CFR §302.4 to ensure that RQs adjusted under
CERCLA would be similarly adjusted for the
CWA requirements (50 £R 13456, 13473). A
release is reponable under CERCLA if an RQ
of a hazardous substance is released to the
environment within a twenty-four hour period.
Reporting under the CWA is required when an
RQ of a substance is released to navigable
waters within a twenty-four hour period.
Because "releases to navigable waters" is a
subset of "releases to the environment"
(CERCLA §101(8)), different RQs would
render notification requirements more
confusing for the regulated community.
EPA employs an RQ adjustment procedure
to ensure that RQs are always consistent. An
example of this procedure can be found in the
rule that adjusted the reportable quantities
(RQs) for lead metal, lead compounds, lead-
containing hazardous wastes, and methyl
isocyanate (58 EE 35314; June 30, 1993).
Lead acetate, designated under CWA §311,
received a CWA RQ of 5000 pounds. The
5000 pound RQ acted as the statutory
CERCLA RQ until the June 30, 1993, rule
adjusted it to 10 pounds (58 ER 35314). The
10 pound RQ is the final RQ for purpose of
both CERCLA and CWA reporting. In the
same rule, EPA adjusted the final CERCLA
RQ for lead chloride. This substance had been
evaluated using CERCLA criteria and
received a final RQ of 100 pounds (51 ER
34535, 34542; September 29, 1986). New
data on the chronic toxicity of lead, however,
prompted EPA to readjust the RQ to 10
pounds. The same methodology for making
RQs consistent between CERCLA and the
CWA applies to this situation, so that the 10
pound RQ replaces the 100 pound RQ under
both programs. When a hazardous substance
is released to navigable waters, one report to
the NRC will satisfy the reporting
requirements of CERCLA and the CWA.
EPCRA
3. Isomer Reporting Under EPCRA
§313
Xylene is a chemical that can exist as
three different isomers: ortho-, meta-, and
para-xylene. A facility processes two of the
three isomers in separate streams, along with
an additional stream containing a mixture of
xylene isomers of unknown concentrations.
For the purposes of reporting under EPCRA
§313, how would the facility determine if an
activity threshold has been exceeded? How
would the facility report the xylene on the
Form R?
The toxic chemical list at 40 CFR §372.65,
contains four xylene listings (mixed isomers,
ortho-, meta-, and para-xylene) which appear
with their own CAS number. The CAS
number specified for xylene (mixed isomers),
1330-20-7, apply to any combination of
xylene isomers. The facility must make
separate threshold determinations for each
individual chemical list of §372.65. If the
thresholds are not exceeded for any of the
individual xylene listings of §372.65, then the
facility would not have to report on any
releases of xylene at the facility. For example,
if the facility processes, in separate streams,
10,000 pounds of ortho-xylene (CAS number
95-47-6), 10,000 pounds of para-xylene (CAS
number 106-42-3), and 10,000 pounds of
xylene where the isomers are mixed in
unknown concentrations (CAS number 1330-
20-7), a threshold is not exceeded for any of
the xylene listings. Therefore, no reports for
xylene would be required. The quantities of
the individual xylene listings processed by the
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May 1994 Hotline Questions and Answers
facility should not be aggregated for the
purposes of making threshold determinations.
If the thresholds are exceeded for two or
more of the individual isomer xylene listings,
the facility has two choices when filling out the
Form R. According to the Toxic Chemical
Release Inventory Questions and Answers, the
facility may file separate Form Rs for each
isomer or unique isomer mixture listed in
§372.65, or the facility may file one combined
report. For example, the facility processes, in
separate streams, 30,000 pounds of ortho-
xylene (CAS number 95-47-6), 30,000 pounds
of para-xylene (CAS number 106-42-3), and
30,000 pounds of xylene where the isomers are
mixed in unknown concentrations. Because
the activity threshold for each of the three
xylene listings is exceeded independently, the
facility can report releases from each of
three listings separately on three different
Form Rs (one for ortho-xylene, one for
para-xylene, and one for the mixed
isomers) or the facility can report all xylene
releases on one Form R as xylene (mixed
isomers).
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NEW PUBLICATIONS
HOW TO ORDER
NT1S Publication* 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, Supertund, and EPCRA
National Toll-Free Nos.: 800-424-9346 or 800-535-0202
Local: 703-412-9810
TDD National Toil-Free No.: 800-553-7672
RCRA
TITLE: "Catalogue of Hazardous and Solid
Waste Publications: Seventh Edition"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-B-93-002
The catalogue provides document numbers,
titles, dates, summaries, and ordering
information for publications pertaining to
RCRA. The information in the catalogue is
current through December 1993 and only the
documents that are frequently requested are
included. The catalogue includes a new
section, Electronic Media.
TITLE: "Native American Network"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-N-94-002
This quarterly newsletter focuses on RCRA
issues relevant to Native Americans. The
spring/summer 1994 issue contains
information about the EPA/VISTA Alaska
Project which is a two-year pilot project
addressing solid waste management issues in
Alaska. The newsletter also discusses proper
disposal methods for household hazardous
waste, summarizes three municipal solid waste
videos, and introduces the 1994 International
Hazardous Materials Spills Conference to be
held in Buffalo, New York.
TITLE: "Environmental Fact Sheet: EPA
Proposes Comprehensive Procurement
Guideline"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-94-015
This fact sheet discusses a new proposed rule
concerning federal procurement of products
containing recovered materials. Under the
provisions of §6002 of RCRA, government
agencies are encouraged to purchase items with
recycled content, which is intended to stimulate
markets for recycled products. EPA is required
to designate items that can be made with
recovered materials and to recommend
practices for procuring these items. This fact
sheet outlines EPA's proposal to designate 21
new items which should be purchased with the
highest attainable percentage of recycled
content, and briefly identifies the four
components of an affirmative procurement
program.
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New Publications
May 1994
TITLE: "Municipal Solid Waste Landfill
Permit Programs: A Primer for Tribes"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-K-94-001
This booklet provides an overview of the
MSWLF permit program in order to help tribes
decide whether it would be appropriate to
develop and operate such a program. More
specifically, it describes the advantages,
discusses options for development,
summarizes EPA's requirements, and outlines
the process for applying for permit program
approval.
TITLE: "Draft Hazardous Waste
Minimization and Combustion Strategy"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-D-94-002
This document provides an overview of EPA's
Draft Waste Minimization and Combustion
Strategy, and discusses how to implement
source reduction and the waste combustion
permitting procedures. It outlines the goals
and objectives of the project, provides a series
of short and long-term actions to achieve these
goals, and provides an overview of the
implementation of the draft strategy since
May 1993.
TITLE: "Environmental Fact Sheet: More
Public Participation in RCRA Permitting
Process Proposed"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-94-014
This fact sheet announces EPA's issuance of a
proposed rule pertaining to public participation
in RCRA and revisions to the permitting
process for combustion facilities. As pan of
the implementation of the Draft Waste
. Minimization and Combustion Strategy, EPA
is proposing to expand public participation
opportunities and to require interim status
combustion facilities to adhere to stricter
standards.
TITLE: "Executive Summary: Combustion
Emissions Technical Resources Document
(CETRED)"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-S-94-014
In the Draft Combustion Emissions Technical
Resource Document (CETRED^. EPA's
technical analysis of emissions from certain
types of devices that burn hazardous waste is
summarized.
TITLE: "Combustion Emissions Technical
Resource Document (CETRED)"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-R-94-014
CETRED contains EPA's initial technical
analysis of emissions from certain types of
devices that burn hazardous waste. This effort
is the preliminary step in the development of
upgraded standards governing emissions from
hazardous waste combustors. The document
contains a detailed review of thermal processes
and equipment used to combust hazardous
waste, characterization of emission levels, and
the techniques used to control emissions.
CETRED can be regarded as a preliminary
technical analysis of certain hazardous waste
combustors and their emissions, and is
intended to be used as guidance in the
approaches used to establish technology based
standards and the emission levels
representative of best operation practices.
TITLE: "Draft RCRA Hazardous Waste
Minimization National Plan"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-D-94-001
This draft document outlines EPA's plan for
reducing the amount and toxicity of hazardous
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May 1994
New Publications
waste generated nationally. It sets forth the
goals and objectives of this project, and
provides a discussion of specific mechanisms
EPA is considering in achieving the goal of
pollution prevention. It also outlines the
general method for developing a RCRA waste
minimization strategy.
TITLE: "Summary of Draft RCRA
Hazardous Waste Minimization National Plan"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-S-94-002
This document provides an outline of specific
components of the Draft RCRA Hazardous
Waste Minimization National Plan and
discusses how to implement EPA's goal of
waste minimization.
UST
TITLE: "Doing It Right II: Installing
Required UST Equipment- Video"
AVAILABILITY: Environmental Media
Center (800) 552-0362
This video is a companion to Doing It Right:
Proper Installation of Underground Storage
Tanks and Piping. The original video was
produced before EPA published federal rules
requiring equipment to prevent pollution,
detect leaks, and protect groundwater. This
new video focuses on the installation of
overfill prevention equipment, spill
containment devices, observation wells, and
piping leak detection systems.
CERCLA
TITLE: "Conducting Non-Time-Critical
Removal Actions Under CERCLA"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB93-963 422
Non-time-critical removal actions are
conducted at Superfund sites when the lead
agency determines that a removal action is
appropriate, and a planning period of at least
six months is available before on-site activities
must begin. This factsheet summarizes a
document entitled Guidance on Conducting
Non-Time-Crirical Removal Actions Under
CERCLA. (OSWER Directive 9360.0-32),
which describes the essential components of
the non-time-critical removal action process
with particular emphasis on the Engineering
Evaluation/Cost Analysis (EE/CA). The
guidance is to be used in conjunction with
EPA's Emergency Response Division (ERD)
Superfund Removal Procedures (SRP) manual.
TITLE: "Superfund Technical Assistance
Grant (TAG) Handbook: The Application
Forms with Instructions"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB93-963 353
This application package includes a blank
Technical Assistance Grant (TAG) application
form along with detailed instructions on the
form's completion. The purpose of the TAG
program is to provide funds to citizen's groups
affected by a Superfund site so that they may
hire independent technical advisors to help
interpret and comment on site-related
information. The package focuses on the
successful completion of the form and other
pertinent documents necessary to obtain a
TAG.
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New Publications
May 1994
TITLE: "U.S. EPA Contract Laboratory
Program National Functional Guidelines for
Inorganic Data Review"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB94-963 502
This document is designed to provide guidance
on the Contract Lab Program's (CLP)
inorganic analytical data evaluation and review
procedures. The data review process provides
information on analytical limitations of data
based on specific quality control (QC) criteria.
This document is intended to assist in the
technical review of data only, not in the
determination of contract compliance.
TITLE: "Progress Toward Implementing
Superfund Fiscal Year 1991: Report to
Congress"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB94-963 234
As required under CERCLA §301(h), the
Agency published its annual report on response
activities and accomplishments. Included in
the report is a comparison between remedial
and enforcement activities undertaken in FY91
with those activities occurring in previous
fiscal years. In addition to providing an
overall perspective on the program's progress
in the past fiscal year, the report contains an
abstract of each Record of Decision (ROD)
that was signed in FY91; a report on the status
of remedial actions, including enforcement
activities; and an evaluation of newly
developed feasible and achievable treatment
technologies.
TITLE: "Emergency Responders Agreements
for Fund-Lead Remedial Actions"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB93-963418
Local responders are often called upon to
provide emergency support during remedial
actions by Superfund program contractors. In
order to ensure proper compliance with
Hazardous Waste Operations and Emergency
Response (HAZWOPER) standards, EPA may
enter into an agreement with local responders
for Emergency Response Services. This
factsheet further discusses the importance of an
Emergency Responders Agreement and
provides a sample agreement form.
EPCRA
TITLE: "Toxic Chemical Release Inventory
Reporting Form R and Instructions: Revised
1993 Version"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA745-K-94-001
Manufacturing facilities that met employee and
activity thresholds in 1993 must file the Toxic
Release Inventory Reporting Form R by July 1,
1994. The reporting package contains an
instruction book, computer diskettes for
magnetic media submissions, and the Form R.
TITLE: "Toxics Release Inventory: List of
Toxic Chemicals"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA745-B-94-001
On December 1, 1993, EPA added 32 new
chemicals and 2 chemical categories to the
Toxic Chemical List. This document lists all
of the toxic chemicals alphabetically and by
CAS number.
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May 1994
New Publications
TITLE: "Issues and Concerns for the
Definitions and Guidance for the Requirements
of §6607 of the Pollution Prevention Act;
Summary of Discussion of the Toxics Data
Reporting Subcommittee of the National
Advisory Council for Environmental Policy
and Technology"
AVAILABILITY: Hotline
EPA ORDER NO.: NA
Section 6607 of the Pollution Prevention Act
of 1990 (PPA) mandated additional data
elements be added to the Form R. The Toxics
Data Reporting (TDR) Subcommittee of
NACEPT addressed EPA's implementation of
these data elements. This paper provides a
summary of the TDR Subcommittee's issues
and concerns raised during their meetings on
this topic.
TITLE: "The Emergency Planning and
Community Right-to-Know Act: Section 313
Release Reporting Requirements"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA700-K-94-001
Manufacturing facilities that meet employee
and activity thresholds must file annually the
Toxic Release Inventory Reporting Form R.
This brochure describes in detail which
facilities and chemicals are covered by the
EPCRA §313 reporting requirements. The
pamphlet contains the list of toxic chemicals,
EPA regional contacts, and the list of covered
Standard Industrial Classification codes.
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
May 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
PB94-922 405
530-R-94-005e
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
"Nevada; Final Authorization of Revisions
to State Hazardous Waste Management
Program"
May 27,1994 (59 EB 27472)
EPA intends to approve Nevada'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 July 26,1994.
CERCLA
"National Priorities List (NPL) for
Uncontrolled Hazardous Waste Sites"
May 31,1994 (59 EB 27989)
EPA announced the addition of 42 new sites to
the NPL, 18 to the General Superfund Section and
24 to the Federal Facilities Section. This rule is
effective June 30,1994.
PROPOSED RULES
RCRA
"Identification and Listing of Hazardous
Waste; Organobromine Production
Waste"
May 11,1994 (59 EE 24530)
EPA proposed to amend RCRA regulations by
listing as hazardous waste solids and filter
cartridges from the production of 2,4,6-
tribromophenoL The Agency also proposed to add
2,4,6-tribromophenol to the list of commercial
chemical products that are hazardous wastes when
discarded Comments must be submitted on or
before July 11,1994.
CERCLA/DOI
"Natural Resource Damage Assessments"
May 4,1994 (59 EB 23098)
DOI proposed revisions of the CERCLA
regulations for assessing natural resource damages
resulting from a discharge of a hazardous substance
as well as the Clean Water Act regulations for
assessing natural resource damages resulting from a
discharge of oil. Comments must be received on or
before July 7,1994.
NOTICES
RCRA
"Land Disposal Restrictions Exemption:
Hoechst Celanese Engineering Resins,
Inc."
May 2,1994 (59 EB 22614)
EPA granted a reissuance of an exemption to the
RCRA land disposal restrictions to Hoechst
Celanese Engineering Resins, Inc. (HCER), of
Bishop, Texas, for the operation of Class I injection
wells. HCER has demonstrated that there will be
no migration of hazardous constituents from the
injection zone of the wells. This action is effective
April 22,1994.
11
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Federal Registers
May 1994
NOTICES
"Land Disposal Restrictions Exemption;
ARCO Chemicals"
May 2, 1994 (59 EB 2261 4)
EPA granted a ^issuance of an exemption to the
RCRA land disposal restrictions to ARCO
Chemicals, of Channelview, Texas, for die
operation of Class I injection wells. ARCO
Chemicals has demonstrated that there will be no
migration of hazardous constituents from the
injection zone of the wells. This action is effective
April 22, 1994.
"Massachusetts; Adequacy Determination
of State/Tribal Municipal Solid Waste
Landfill Permit Program"
May 5, 1994 (59 EB 23202)
Pursuant to RCRA §4005(cXl)(Q, EPA gave
notice of a tentative determination, public hearing,
and public comment period concerning the
adequacy of Massachusetts' municipal solid waste
landfill permit program. The public hearing is
scheduled for June 20, 1994. Comments must be
received on or before June 4, 1994.
"Consent Decree; Hawaiian Western Steel,
Inc."
May 5, 1994 (59 EB 23232)
A Consent Decree in United States v.
Western Steel. Ire. was lodged with the U.S.
District Court for the District of Hawaii on April 22,
1994. The decree requires the defendants to pay
$700,000 for RCRA violations, and to undergo
specified corrective action. Comments will be
received for a period of 30 days from the date of
publication.
"Groundwater Monitoring at Municipal
Solid Waste Landfills (MSWLFs); Public
Meetings"
May 9,1994 (59 EB 23857)
EPA announced a series of four public, one-day
meetings on alternatives for groundwater
monitoring at small, dryfremote MSWLFs. The
first meeting is scheduled for June 8,1994, in Salt
Lake City, Utah.
"Campo Band of Mission Indians;
Adequacy Determination of State/Tribal
Municipal Solid Waste Permit Program"
May 11,1994 (59 Ffi 24422)
Pursuant to RCRA §4005(cXD(Q, EPA gave
notice of a tentative determination, public hearing,
and public comment period concerning the
adequacy of the Campo Band of Mission Indians'
municipal solid waste landfill permit program. The
public hearing is scheduled for June 30,1994.
Comments must be received on or before July 14,
1994.
"Waste Analysis Plans (WAP) Guidance
Manual; Notice of Availability"
May 16,1994 (59 EB 25455)
EPA announced a revision of the October 1984
Waste Analysis Plan Guidance Manual. The
manual is designed to assist the regulated
community, permit writers, and enforcement
officials by establishing criteria to property evaluate
and prepare RCRA waste analysis plans.
12
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May 1994
Federal Registers
NOTICES
"Land Disposal Restrictions (LDR);
Clarification of the Dilution Prohibition and
Combustion of Inorganic Metal-Bearing
Hazardous Wastes"
May 27,1994 (59 EB 27546)
EPA announced the availability of a memorandum
setting out EPA's policy on the application of the
LDR dilution prohibition to the combustion of
inorganic metal-bearing hazardous wastes. Copies
of die memorandum may be obtained by calling or
visiting the RCRA Docket at EPA Headquarters.
"Land Disposal Restrictions Exemption;
Sterling Chemicals"
May 31,1994 (59 EB 28077)
EPA granted a reissuance of an exemption to the
RCRA land disposal restrictions to Sterling
Chemicals, of Texas City, Texas, for the operation
of Class I injection wells. Sterling Chemicals has
demonstrated that there will be no migration of
hazardous constituents from the injection zone of the
wells. This action is effective May 13,1994.
RCRA/CERCLA/OSHA
"Lead Subcommittee; Public Meeting"
May 2,1994 (59 EB 22615)
EPA gave notice of a meeting of the Lead
Subcommittee of the National Advisory Council for
Environmental Policy and Technology to be held on
May 11,1994. The subcommittee will discuss final
draft working papers on selected topics, which will
be used as background for the subcommittee's
report
CERCLA
"National Priorities List; Biodinical
Laboratories Site"
May 9,1994 (59 EB 23819)
EPA intends to delete the Bioclinical Laboratories
Site in Bohemia, New York, from the National
Priorities List. This action is being taken because
Superfund Remedial Activities have been completed
and no further action is appropriate. Comments
must be submitted on or before May 9,1994.
"Consent Decree; New Castle Abandoned
Container Site"
May 9,1994 (59 EB 23898)
A Consent Decree in United States v. Nashua
Corporation, et al. was lodged with the U.S. District
Court for the District of Delaware on April 13,1994.
The decree requires the defendant to reimburse EPA
$300,000 for costs incurred in connection with the
New Castle Abandoned Container Site in New
Castle, Delaware. Comments will be received for a
period of 30 days from the date of publication.
"Consent Decree; Firestone Tire and
Rubber Co. Site"
May 16,1994 (59 EB 25504)
A Consent Decree in United States v. Bridgestone/
Firestone. Inc.. et al.. was lodged with the U.S.
District Court for the middle district of Georgia on
April 25,1994. The decree requires the defendants
to reimburse EPA $348333 for costs incurred in
response to the Firestone Tire and Rubber Co. Site in
Albany, Georgia Comments will be received for a
period of 30 days from the date of publication.
13
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Federal Registers
May 1994
NOTICES
"Proposed Settlement; D. L Mud, Inc. Site"
May 17,1994 (59 EB 25643)
EPA proposed to enter into a settlement under
CERCLA § 122(h). The settlement requires the
defendants to pay EPA for costs incurred in
connection with the D. L. Mud, Inc. Site in
Vermilion Parish, Louisiana. Comments will be
received for a period of 30 days from the date of
publication.
"Consent Decree; Donald Dtstier"
May 18,1994 (59 EB 25960)
A Consent Decree in United States v. Donald
Distler was lodged with the U.S. District Court for
the Western District of Kentucky on April 26,1994.
The decree requires the defendants to reimburse
EPA for costs incurred in connection with several
sites in Hardin and Jefferson Counties in Kentucky.
Comments will be received for a period of 30 days
from the date, of publication.
"Modification of Consent Decree; Mill Creek
Site"
May 18,1994 (59 FR 26321)
A Modification of Partial Consent Decree in
United Stags v. Atlantic Richfield Company was
lodged with the U.S. District Court for the District of
Montana on May 3,1994. The modification would
allow ARCO to convey certain property to the
Anaconda-Deer Lodge County prior to completion
of remediation of the Mill Creek Operable Unit
Comments will be received for a period of 30 days
from the date of publication.
"Modification of Consent Decree; Ottati and
Goss Great Lakes Construction
Corporation Site"
May 19,1994 (59 EB 26322)
A Modification of Partial Consent Decree in
United States v. Qttati and Goss. et al.. was lodged
with the U.S. District Court for the District of New
Hampshire on May 10,1994. The modification
requires the Mobil Oil Corporation to reimburse
EPA $10,000 for costs incurred with die Ottati and
Goss/Greal Lakes Construction Site in Kingston,
New Hampshire. Comments will be received for a
period of 30 days from the date of publication.
"Consent Decree; Wyckoff/Eagle Harbor
Site"
May 25,1994 (59 EB 27032)
A Consent Decree in United States v. Pacific
Sound Resources, et al.. was lodged with U.S.
District Court for the Western District of
Washington on May 5,1994. The decree requires
the defendants to reimburse EPA for costs incurred
in connection with the Wyckof£/Eagle Harbor Site in
Seattle, Washington. Comments will be received for
a period of 30 days from the date of publication.
"Proposed Settlement; Forge Road
Industrial Park Site"
May 26,1994 (59 EB 27273)
EPA proposed to enter into an administrative
settlement under CERCLA §122(i). The settlement
requires the defendant to reimburse EPA $32,000
for costs incurred in connection with the Forge Road
Industrial Park Site in Canon City, Colorado.
Comments must be submitted on or before June 27,
1994.
14
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May 1994
Federal Registers
NOTICES
"Consent Decree; Bunker Hill Site"
May 27,1994 (59 EB 27579)
A Consent Decree in United States v. ASARCO.
Inc.. et al. was lodged with the U.S. District Court
for the District of ttaho on May 10,1994. The
decree requires the defendants to reimburse EPA for
costs incurred in connection with the Bunker Hill
Site in Shosnone County, Idaho. Comments will be
received for a period of 30 days from the date of
publication.
"Consent Decree; NIES Site"
May 27,1994 (59 EB 27580)
A Consent Decree in United States v. Chemical
Waste Management of Kansas. Inc.. was lodged
with the U.S. District Court for the District of
Kansas on April 18,1994. The decree requires the
defendant to reimburse EPA for costs incurred in
connection with the NIES Site in Sedgwick County,
Kansas. Comments will be received for a period of
30 days from the date of publication.
"Consent Decree; Wedzeb Site"
May 27,1994 (59 EB 27580)
A Consent Decree in United States v. Wedzeb
Enterprises. Inc.. et al. was lodged with the U.S.
District Court for the Southern District of Indiana on
May 12,1994. The decree requires the defendants
to reimburse EPA $2.1 million for costs incurred in
connection with die Wedzeb Site in Lebanon,
Indiana Comments will be received for a period of
30 days from the date of publication.
"Proposed Agreement and Covenant Not to
Sue; Anaconda Smelter Site"
May 31,1994 (59 EB 28077)
EPA proposed to enter into an Agreement and
Covenant Not to Sue under CERCLA §§ 106 and
107. The settlement requires the purchasers to
implement the Anaconda-Deer Lodge Development
system and perform operations and maintenance as
the contractor of the responsible party. Comments
will be received for a period of 30 days from the date
of publication.
"Proposed Settlement; Gamer Road Dump
Site"
May 31,1994 (59 EB 28078)
EPA proposed to enter into a settlement under
CERCLA § 122(h). The settlement requires the
settling parties to reimburse EPA for costs incurred
in connection with the Gamer Road Dump Site in
Cordova, Alabama. Comments will be received for
a period of 30 days from the date of publication.
CERCLA/CAA
"Consent Decree; Olin Corporation"
May 5,1994 (59 EB 23233)
A Consent Decree in United States v. Olin
Corporation was lodged with the U.S. District Court
for the Eastern District of Tennessee on April 21,
1994. The decree requires the defendant to pay a
civil penalty of $1,000,000 for CAA and CERCLA
violations. Comments will be received for a period
of 30 days from the date of publication.
CERCLA/IRS
'Tax on Certain Imported Substances;
Notice of Determination"
May 27,1994 (59 EB 27652)
The Internal Revenue Service announced that the
list of taxable substances at §4672(aX3) of the
Internal Revenue Code will be modified to include
benzoic di-n-hexyl adipate, orthcKiichlorobenzene,
and para-dichlorobenzene. This modification is
retroactive, effective October 1,1990.
15
-------
Federal Registers
May 1994
'Tax on Certain Imported Substances;
Notice of Determination"
May 27,1994 (59 EB 27653)
NOTICES
EPCRA
The Internal Revenue Service announced that the
list of taxable substances at §4672(a)(3) will be
modified to include epichlorohydrin and allyl
chloride. This modification is retroactive, effective
October 1,1991
'Tax on Certain Imported Substances;
Notice of Determination"
May 27,1994 (59 EB 27653)
The Internal Revenue Service announced that the
list of taxable substances at §4672(a)(3) will be
modified to include para-nitrophenol, ortho-
nitrochlorobenzene, and para-nitrobeitzene. This
modification is retroactive, effective July 1,1990.
'Tax on Certain Imported Substances;
Filing of Petition"
May 27,1994 (59 EB 27654)
The Internal Revenue Service announced the
acceptance of a petition requesting that texanol
benzyl phthalate be added to the list of taxable
substances under §4672(aX3) of the Internal
Revenue Code. Comments must be received on or
before July 26,1994.
OUST
"Massachusetts; Approved of State
Underground Storage Tank (UST)
Program"
May 17,1994 (59 EB 25588)
EPA intends to approve Massachusetts' UST
program in lieu of the federal UST program. A
public hearing is scheduled for June 30,1994.
Comments must be submitted on or before June 30,
1994.
"Forum on State and Tribal Toxics Action
(FOSTTA); Open Meeting"
May 27,1994 (59 EB 27547)
FOSTTA will hold two public meetings on June
13 and 14,1994, in Alexandria, Virginia. The
meetings will address the Toxic Release Inventory
Project, the State and Tribal Enhancement Project,
the Chemical Management Project, and the Lead
Project
16
-------
CALL ANALYSES
CALLS ANSWERED BY HOTLINE
May Daily Volume*
£ 300 +
? 250
o
| 200
I 150
z
100
50
0
RCRA/UST
• • \,m /'^ [~1^
V-^V-^C \//-
„ ^x-»^ ' »v •1<^* ^*» *'/
••^ Documents >v / *^^ /
1 1 1 1 1 1-
H 1 1 1 J-
1 1 1
2 3 4 5 6 9 10 11
12 13 16 17 18 19 20 23 24 25 26 27 31
Day
Year to Date*
RCRA/UST
January
February
March
April
May
Month
5,843
5,069
6,059
4,535
4,802
Cumulative
5,843
10,912
16,971
21,506
26,308
EPCRA and Superfund
January
February
March
April
May
Month
4,418
6,835
7,203
6,114
7,944
Cumulative
4,418
11,253
18,456
24,570
32,514
Documents
(All Program Areas)
January
February
March
April
May
Month
4,050
4,095
4,081
3,203
3,800
Cumulative
4,050
8,145
12,226
15,429
19,229
•All calls answered by the Call Management System, the Message Retrieval Line, and the Document Retrieval Line.
17
-------
Call Analyses
May 1994
QUESTIONS ANSWERED BY TYPE
May Daily Volume*
3er of Questions
900 •
QrtA
OUU •
1
700 -
600 -
500 -
400 •
*5Art
Ofifi r
cUU L
100 •
n .
f
[Regulatory
.^'^.-/ /\
»
Documsnt .— ^— — •
V3*^!^-, / K346
,^rr^^~^^^ ^f ^*"^^w -^T-n ^r^rh" rv^n L JT~^^ --'-' ^n
J-^^ ^*t>«^j ^>*>m ™*-LT *x^^^ ^ -O-LTI "*nj^^
R°U'\ ^-1, ^^ 1.763
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
> 3 4 5 6 9 10 11 12 13 16 17 18 19 20 23 24 25 26 27 31
Day
Year to Date*
Regulatory
January
February
March
April
May
Month
12,042
12,609
15,947
13,686
15,514
Cumulative
12,042
24,651
40,598
54,284
69,798
Document
January
February
March
April
May
Month
4,353
4,528
4,789
3,931
4,346
Cumulative
4,353
8,881
13,670
17,601
21 ,947
Referral
January
February
March
April
May
Month
768
1,288
1,954
1,482
1,763
Cumulative
768
2,056
4,010
5,492
7,255
* All questions answered by the Gall 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
-------
May 1994
Call Analyses
QUESTIONS ANSWERED BY PROGRAM AREA
May 1994*
,*Based on 19,860 questions and excludes 1,763 referrals made from both Hotlines. Includes the Message Retrieval
Line and the Document Retrieval Line.
Year to Date*
January
February
March
April
May
RCRA
Month
57%
(9,394)
51%
(8,788)
54%
(11,149)
49%
(8,708)
47%
(9,334)
Cumulative
57%
(9,394)
54%
(18,182)
54%
(29,331)
53%
(38,039)
52%
(47,373)
UST
Month
4%
(668)
5%
(831)
5%
(993)
5%
(857)
4%
(791)
Cumulative
4%
(668)
5%
(1,499)
5%
(2,492)
5%
(3,349)
4%
(4,140)
EPCRA
Month
25%
(4,100)
29%
(4,923)
27%
(5,588)
31%
(5,509)
37%
(7,386)
Cumulative
25%
(4,100)
27%
(9,023)
27%
(14,611)
28%
(20,120)
30%
(27,506)
Superfund
Month
14%
(2,223)
15%
(2,595)
14%
(3,006)
15%
(2,543)
12%
(2,349)
Cumulative
14%
(2,223)
14%
(4,818)
14%
(7,824)
14%
(10,367)
14%
(12,716)
19
-------
Call Analyses
May 1994
CALLER PROFILE
RCRA/UST Hotline
Regulated Community 5,549
Citizens 235
State & Local Govt./Native American 205
Federal Agencies 118
Educational Institutions 112
EPA 90
Media 5
Interest Groups 9
Congress 1
International 15
Other 77
Referrals* 250
Document Retrieval Line* 85
Message Retrieval Line* 103
TOTAL
6,854
State & Local Govt./ _ _ , .
Native American Federal^Agencles
All Others
5%
Regulated
Community
* No caller profile data available.
20
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May 1994
Call Analyses
Emergency Planning and Community Right-to-Know/
Superfund Hotline
Manufacturers
Food/Tobacco 132
Textiles 46
Apparel 20
Lumber & Wood 47
Furniture 43
Paper 80
Printing & Publishing 73
Chemicals 472
Petroleum & Coal 114
Rubber and Plastics 155
Leather 44
Stone, Clay & Glass 82
Primary Metals 165
Fabricated Metals 285
Machinery (Excluding Electrical) 76
Electrical&Electronic Equipment 127
Transportation Equipment 99
Instruments 42
Misc. Manufacturing 375
Subtotal 2,477
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
2,808
587
435
62
92
91
193
9
4
93
61
11
52
58
3
6
40
14
33
7
10
321
1,513
44
668
9,692
Attorneys
8%
Citizens
6%
Consultants/
Engineers
38%
All Others
15%
Manufacturers
33%
' No caller profile data available.
21
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Call Analyses
May 1994
HOTLINE TOPICS
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./Pollution Prevention
State Programs
Hazardous Waste Data
Household Hazardous Waste
Subtitle D (General)
Siting Facilities
Combustion
Industrial Waste
Composting
Source Reduction/Poll.
Grants & Financing
Procurement (General)
Building Insulation
Cement & Products with Fly Ash
Prev.
20
18
81
7
432
1,512'
146
19
67
1
18
22
2271
7071
190
116
290
9
11
95
99
72
67
4971
115
222
121
118
19
2091-2
93
35
164
6311-3
14
55
8
20
32
5
104
4
3
Paper & Paper Products 5
Re-refined Lubricating Oil 2
Retread Tires 6
Solid Waste Recycling (General) 3671
Aluminum 9
Batteries 37
Glass 8
Paper 19
Plastics 39
Tires 20
Used Oil 171
Markets (General) 7
Aluminum 3
Batteries 4
Compost 15
Glass 3
Paper 3
Plastics 2
Tires 12
Used Oil 16
RCRA General 1,8914
TOTAL 9334*
*
Includes 1,956 RCRA document requests.
UST
General/Misc. 184W
Applicability/Definitions 111
Regulated Substances 27
Standards for New Tank Systems 41
Tank Standards and Upgrading 26
Operating Requirements 33
Release Detection 80
Release Reporting & Investigation 18
Corrective Action for USTs 1085
Out-of-Service/Closure 52
Financial Responsibility 49
State Programs 31
Liability /Enforcement 19
LUST Trust Fund 12
TOTAL
* Includes 324 UST document requests.
791*
1 Hot topics Tor this month.
Includes 35 message retrievals for Information on the Regional Roundtables on the Draft Waste Minimization and
Combustion Strategy.
'Includes 9 document retrievals for the "Municipal Solid Waste Factbook" and 68 message retrievals for information on the
publk meeting on alternatives for groundwater monitoring at small, dry, and remote municipal solid waste landfills.
Includes 45 document retrievals for the "Catalog of Hazardous and Solid Waste Publications."
Includes 31 document retrievals for "An Overview of UST Remediation Options."
• Topics are calculated as the summation of all questions received by the Hotline. A single call may result In
multipk questions.
22
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May 1994
Call Analyses
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
General:
General Tide HI Questions 538
Trade Secrets 4
Enforcement 30
Liability/Citizen Suits 3
Training 71
Chemical-Specific Information 78
Emergency Planning (§§301-303):
General 122
Notification Requirements 56
SERC/LEPC Issues 30
EHSs/TPQs 41
Risk Communication/
Hazards Analysis 31
Exemptions 8
Emergency Release Notification (§304):
General 1192
Notification Requirements 96
Reportable Quantities 104
CERCLA § 103 vs. SARA §304 58
ARIP/AHEDB/ERNS 5
Exemptions 18
Hazardous Chemical Reporting
(§§311-312):
General 94
MSDS Reporting Requirements 66
Tier l/II Requirements 110
Thresholds 35
Hazard Categories 7
Mixtures Reporting 8
Exemptions 48
Toxic Chemical Release Inventory (§313):
General
Reporting Requirements
Thresholds
Form R Completion
Supplier Notification
NGTEs/NONs
Voluntary Revisions
Pollution Prevention 33/50
Public Access to Data
TRJ Database
Petitions
TRI Expansion
Exemptions
1,196W
6231
5511
1,95s1
28
10
54
724
180
77
50
88
3001
Special Topics:
CAA§112
General 85
RMPs 77
List of Regulated Substances 1525
Federal Facilities Executive Order 105
TOTAL 7^86
'Includes 1,556 Emergency Planning and Community
Right-to-Know document requests
SUPERFUND
General/Misc. 227
Access & Information Gathering 31
Administrative Record 14
ARARs 75
CERCLIS 138
Citizen Suits 3
Claims Against Fund 17
Clean-Up Costs 28
Clean-Up Standards 64
Community Relations 40
Contract Lab Program (CLP) 20
Contractor Indemnification 5
Contracts 20
Definitions 25
Enforcement 42
Federal Facilities 22
Hazardous Substances 126
HRS 27
Liability 66
Local Gov't Reimbursement 4
Natural Resource Damages 8
NCP 36
Notification 86
NPL 2401
Off Site Policy 21
OSHA 6
PAySI 29
PRPs 25
RD/RA 34
Reauthorization 34
Remedial 91
Removal 43
RI/FS 40
Risk Assess./Health Effects 73
ROD 43
RQ 2631
1 Hot topics for this month.
'Includes 22 message retrievals and 23 document retrievals for information on the Hazardous Materials Spills Conference.
Includes 522 message retrievals for information on the 1993 TRI Form R reporting package.
Includes 22 message retrievals for information on the Promoting Pollution Prevention Voluntary Initiatives Conference.
'Includes 151 message retrievals and 22 document retrievals for information on the Clean Air Act }112
-------
Call Analyses
May 1994
SACM
Settlements
SITE Program
State Participation
State Program
TAGs
Taxes
Special Topics
Oil Pollution Act
SPCC Regulations
Radiation Site Cleanup
12
39
36
6
8
13
5
72
10
82'
TOTAL 2,349*
"Includes 791 Superfund document requests.
TOTAL HOTLINE QUESTIONS,
DOCUMENT REQUESTS AND
REFERRALS:
21,623
1 Includes 50 message retrievals for Information on the public meeting of the Radiation Site Cleanup Regulation Subcommittee of
.\ACEPT.
•Topics arc calculated as the summation of all questions received by the Hotline. A single call may result in multiple questions.
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