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

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  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

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                  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

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   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

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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

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   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
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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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