EPA530-R-94-005J
PB94-922 409
MONTHLY HOTLINE REPORT
September 1994
RCRA/UST, Superfund, and EPCRA
Hotline Questions and Answers
Resource Conservation and Recovery Act (RCRA) 1
Underground Storage Tanks 3
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) 3
New Publications
Resource Conservation and Recovery Act (RCRA) ; 5
Other 6
Federal Registers
Final Rules 9
Proposed Rules 10
Notices 10
Call Analyses
Calls Answered 17
Caller Profiles 20
Hotline Topics 22
RCRA/UST, Superfund, 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
This report is prepared and submitted in support of Contract No. 68-WO-0039.
EPA Project Officer:
Carie VanHook Jaspers*
U.S. Environmental Protection Agency
Washington, DC 20460
Printed on
Recycled Paper
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HOTLINE QUESTIONS AND ANSWERS
RCRA
1. Permit Application and Renewal
In order to treat, store, or dispose of
hazardous waste, a facility owner or operator
must apply for and receive a RCRA permit.
Once a RCRA permit has been approved, it is
valid for a period of up to ten years (40 CFR
§270 JO). If an owner/operator wishes to
continue an activity regulated by the permit
after its expiration date, the owner I operator
must apply for and obtain a new permit
(§270JO(b)). What are the application
requirements for obtaining or renewing a
hazardous waste permit?
To obtain the original hazardous waste
permit, the owner/operator must submit a two
part application, consisting of part A and part
B. The part A (form 8700-23) requires
owners/operators to supply basic information
such as facility name and address, description
of hazardous waste processes, and
topographical maps. For the part B, owners/
operators must fulfill the information
requirements of §§270.14-29. These sections
require an owner/operator to detail, in a
narrative format, how they will demonstrate
compliance with the general TSDF standards,
as well as the unit-specific requirements
(§270.1(b)).
When an owner/operator reapplies for a
hazardous waste permit, the owner/operator
must submit an permit application, including
parts A and B, revised as necessary to reflect
changed conditions since the previous
application. The revised part B should: fulfill
all the requirements of a new permit
application; incorporate any new regulations
that were promulgated or came into effect
since the issuance of the permit; and include
any approved permit modifications.
The owner/operator may continue
operation under the existing permit beyond the
permit's expiration date while the renewal
application is being considered if the owner/
operator submits the revised part B at least
180 days before the expiration date of the
existing permit (§270.10(h)) and the Regional
Administrator, through no fault of the
permittee, does not issue a permit with an
effective date on or before the expiration date
of the existing permit (§270.51 (a)). Failure to
file a timely application would require the
owner/operator to cease operations under the
expired permit and apply, as a new applicant,
for a new hazardous waste permit
2. Containment Buildings as
Generator Accumulation Units
On August 18,1992 (57 ER 37194), EPA
promulgated regulations for treatment and
storage of hazardous waste in containment
buildings. Section 262J4(a) allows large
quantity generators to use containment
buildings as hazardous waste accumulation
units without obtaining a permit or interim
status. May small quantity generators
(generators of 100-1,000 kg. per month of
hazardous waste) accumulate hazardous
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Hotline Questions and Answers
September 1994
waste in containment buildings and still be
eligible for the reduced requirements of 40
CFR §26234(d)?
A small quantity generator may not
accumulate hazardous waste in containment
buildings and remain eligible for the reduced
requirements of §262.34(d). The provisions
for small quantity generators in §262.34(d)
and (e) allow accumulation of hazardous
waste for 180 (or 270)/lays provided that the
generator complies with the specific
requirements of §§262.34(d)(l)-(5). The
reduced requirements in §262.34(d) limit
small quantity generators to accumulation in
containers and tanks. Only those generators
who comply with the requirements of
§262.34(a) may use containment buildings as
accumulation units without obtaining a permit
or interim status. A small quantity generator
who chooses to accumulate hazardous waste
in containment buildings does not meet the
conditions of §262.34(d). Therefore, in order
to use containment buildings as accumulation
units without a permit or interim status, the
small quantity generator must comply with the
more stringent requirements in §262.34(a).
These include the personnel training
requirements of §265.16; the contingency plan
requirements of Part 265, Subpart D; and the
closure requirements of §§265.111 and
265.114. These regulations also limit a
generator's on-site accumulation without a
permit or interim status to a maximum of 90
days.
3. Used Oil Storage Tank Bottoms:
Hazardous Waste or Used Oil When
Burned for Energy Recovery?
A garage servicing automobiles and trucks
generates significant quantities of used oil,
which it manages in compliance with the
federal regulations at 40 CFR Pan 279. The
used oil is not mixed with other wastestreams
from the facility. Instead, the operator of the
garage accumulates the oil in an on-site
storage tank. A used oil transporter
periodically empties the tank and delivers the
used oil to another company that burns it for
energy recovery. Over time, gravity causes
solids and heavier fractions to settle out of the
used oil stored in the tank at the garage. As a
result, thick tar-like layers accumulate at the
bottom of the storage tank. The garage
operator wishes to remove these tank bottoms
from the used oil storage tank and send them
off-site to be burned for energy recovery.
Although only used oil has been placed in the
tank, the accumulated tank bottoms and the
original used oil differ significantly in physical
form. The garage operator is concerned that
the tank bottoms may not qualify as used oil
and may not be eligible for handling under 40
CFR Part 279. Laboratory analysis shows :hat
the bottoms typically exhibit the toxicity
characteristic for lead, cadmium, chromium,
and benzene. When sent off-site to be burned
for energy recovery, must these bottoms from
the used oil storage tank be handled as used oil
or as characteristic hazardous waste?
When burned for energy recovery, these
tank bottoms from the used oil storage tank
qualify as used oil and may be handled in
accordance with the used oil recycling
regulations of 40 CFR Part 279. Under current
EPA rules, residues or sludges resulting from
the storage, processing, or re-refining of used
oil are considered used oil when they are
recycled through burning for energy recovery
(40CFR§279.10(e)(2)). EPA clarified the
status of such residues in the preamble to the
May 3,1993, Federal Register (58 £R 26420,
26422). As is the case with all used oils sent
for recycling, the fact that the tank bottoms
from the garage exhibit one or more
characteristics of hazardous waste identified in
Part 261, Subpart C does not alter their status
as used oil (§279.10(a)). The tank bottoms
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September 1994
Hotline Questions and Answers
recycled through burning for energy recovery
must be handled as hazardous waste only if
they fail the rebuttable presumption described
at §279.10(b)(l)(ii), or if they have actually
been mixed with hazardous waste
(§§279.10(b)(l) and (2)). If the tank bottoms
are not being recycled, however, they must be
handled as characteristic hazardous waste when
disposed of or sent for disposal (§279.20(a)).
UST
4. The Definition of "Routinely
Contains Product" for UST
Regulation
Owners and operators of new and existing
underground storage tank systems must
provide one or more release detection methods
that can detect a leak from any portion of the
tank that routinely contains product (40 CFR
§280.40). Similarly, underground components
of a tank system that routinely contain product
must be protected from corrosion (§§ 280.20,
280.21, and280.31). What parts of the tank
are considered to "routinely contain product'
for the purposes of these provisions?
EPA defines the areas of the tank that
"routinely contain product" as those sections of
the tank and/or piping that are typically filled.
The parts of the tank that frequently carry
regulated substances are susceptible to
releases; therefore, leak detection equipment
and corrosion protection are necessary to
prevent leaks from these areas (58 FR 37127;
September 23,1988). The equipment at the
top of the tank such as vent lines, fill pipes, and
bungs is generally not required to be covered
by release detection or corrosion protection,
since these components of the tank system do
not ordinarily hold the regulated substance and
will rarely be the source of a leak, particularly
if the spill and overfill requirements at
§§280.20 and 280.30 are met (58 ER 37143).
5.
CERCLA
Public Participation Requirements
for Administrative Settlements
CERCLA authorizes EPA to enter into
settlements requiring persons, including
potentially responsible parties (PRPs), to
conduct or pay for response actions. If EPA
and a PRP enter into an administrative
settlement, is the agreement subject to public
notice and comment?
Different administrative agreements are
subject to different public notice requirements.
Settlements that are entered into pursuant to
CERCLA §122(g) (de minimis settlements) or
§122(h) (cost recovery settlements) are subject
to the notice and comment requirements set out
in § 122(i). In order to allow adequate time for
the public to submit comments, EPA must
publish notice of the proposed settlement in the
Federal Register at least 30 days before the
settlement becomes final. The notice required
under §122(i) must identify the facility
concerned and the parties to the proposed
settlement. EPA must consider all comments
filed in determining whether to consent to the
proposed settlement. If comments disclose
facts or considerations which indicate that the
proposed settlement is inappropriate, improper,
or inadequate, EPA may withhold consent on
all or part of the settlement (OSWER 9230.0-
03C). EPA guidance also directs Regional
staff to provide notice of proposed settlements
under §122 by publishing a press release,
providing notice to affected persons, or
advertising in the local newspaper to
supplement the Federal Register notice
(OSWER 9837.2B).
Section 122(i) is only applicable to
settlements under §§122(g) and (h). Therefore,
if a settlement for a response action, such as a
removal or a remedial investigation and
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Hotline Questions and Answers September 1994
feasibility study, does not include a cost
recovery claim pursuant to §122(h) and/or does
not rely on §122(g) de minimis settlement
authority, it is not subject to the notice and
comment provisions of §122(i). The response
activities themselves are, however, subject to
the public participation requirements of
CERCLA §117 that are set forth in the
National Contingency Plan at 40 CFR
§§300.415(m) and 300.430(c).
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NEW PUBLICATIONS
HOW TO ORDER
NTIS Publications are available by calling (703) 487-4650, or writing NTIS, 5285 Port Royal Road,
Springfield, VA 22161. Use the NTIS Order Number listed under the document.
EPA Publications are available through the Hotline. Use the EPA Order Number listed under the document.
RCRA/UST, Superfund, and EPCRA
National Toll-Free Nos.: 800-424-9346 or 300-535-0202
Local: 703-412-9810
TDD National Toil-Free No.: 800-553-7672
RCRA
TITLE: "Jobs Through Recycling Initiative"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-94-026
This fact sheet provides an introduction to the
Jobs Through Recycling Initiative which gives
technical and financial assistance to businesses
that employ innovative technologies to use
recovered materials. It addresses specific
aspects of the program such as the Recycling
and Reuse Business Assistance Centers
(RBACs) which provide technical, business
and marketing assistance, and the
establishment of a Recycling Economic
Development Advocate (REDA) who is a
development professional with a recycling
background and can serve as a contact for
market development information. The fact
sheet also discusses the development of a
national information network to facilitate the
exchange of innovative recycling technologies
and other technical information.
TITLE: "RCRA Corrective Action Plan"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB94-963 657
This document is designed to aid regional and
state permit writers and enforcement officials
in determining the work that a permittee must
perform as part of the corrective action
program. The document provides a
compliance schedule to be included in a
corrective action order. The following
components are explained: interim/stabilization
measures, RCRA facility investigation,
corrective measures study, and corrective
measures implementation.
TITLE: "Recycling Means Business: EPA's
Market Development Strategy"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-94-001
The fact sheet outlines EPA's Market
Development Strategy which focuses on
strengthening and expanding both intermediate
and end-uses of materials collected for reuae or
recycling. The fact sheet outlines three main
goals of the program which include supporting
and strengthening the link between increased
market capacity and sustainable economic
growth, building federal partnerships for
market development and developing
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New Publications
September 1994
infrastructures that support markets for
recyclables and recycled products.
TITLE: "Technical Report: Treatment of
Cyanide Heap Leaches and Tailings"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB94^201 837
The report provides information on treatment
methods for heap leaches and tailings
associated with cyanidation operations. It
discusses cyanide detoxification in terms of
chemistry, duration, removal efficiencies, and
advantages and limitations. It also describes
closure and reclamation activities for heaps
and tailings impoundments. The report
addresses federal and state requirements that
apply to cyanide operations and presents case
studies of active mine sites.
TITLE: "Technical Resource Document:
Extraction and Beneficiation of Ores and
Minerals; Volume 2: Gold"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB94-170 305
This document presents the results of EPA's
research into the domestic gold mining
industry and is one of a series of profiles of
major mining sectors. The report describes
gold extraction and beneficiation operations
with specific references to the wastes
associated with these operations. The report
characterizes the geology of gold ores and a
discussion of the potential environmental
effects that may result from gold mining. It
concludes with a description of current
regulatory programs implemented by EPA,
federal land management agencies, and
selected states regarding the gold mining
industry.
TITLE: 'Technical Resource Documents:
Extraction and Beneficiation of Ores and
Minerals; Volume 3: Iron"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB94-195 203
This document presents the results of EPA's
research into the domestic iron mining industry
and is one of a series of profiles of major
mining sectors. The report describes iron ore
extraction and beneficiation operations and the
potential environmental affects that may result
from iron mining. It concludes with a
description of the current regulatory programs
implemented by EPA, federal land
management agencies, and selected states
regarding the iron mining industry.
OTHER
TITLE: "OPA Update: Implementation of the
Oil Pollution Act of 1990, Vol. 3, No. 1"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB94-963 252
This bulletin provides up-to-date information
on issues concerning the Oil Pollution Act
(OPA) of 1990. It includes an article
describing the proposed revisions to the NCP
that implement response-related OPA
amendments to §311 of the Clean Water Act
(CWA); an article detailing the Memorandum
of Understanding (MOU) for Offshore
Facilities between the Environmental
Protection Agency (EPA), Department of
Transportation (DOT), and the Department of
Interior (DOI); and an article describing the
National Preparedness for Response Exercise
Program (PREP) workshops. The OPA
Update also contains a brief history of the
NCP, a Publications Update, a Regulatory
Update, 1993 ERNS, data and information on
the 1995 International Oil Spill Conference.
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September 1994
New Publications
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
June 1994
July 1994
August 1994
September 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
PB94-922 406
530-R-94-005f
PB94-922 407
530-R-94-005g
PB94-922 408
530-R-94-005h
PB94-922 408
530-R-94-0051
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
"Minnesota; Incorporation by Reference
of Approved State Hazardous Waste
Program"
September 6,1994 (59 EB 45986)
EPA intends to approve Minnesota's
incorporation by reference of 40 CFR Part 272
into its authorized state RCRA program Final
authorization will be effective November 7,
1994, unless EPA publishes a prior action
withdrawing this immediate final rule.
Comments must be received on or before
October 6,1994.
"Hazardous Waste Management
System; Testing and Monitoring
Activities, Land Disposal Restrictions
Correction"
September 19,1994 (59 EB 47980)
EPA clarified that the regulations published on
August 31,1993 (58 EB 46060), which
amended the RCRA hazardous waste
regulations for testing and monitoring
procedures inadvertently removed
subparagraphs 40 CFR 268.7(a)(l)-
268.7(1)(10). These regulations remain in effect
and are regarded by EPA to have been in effect
continuously in the form published in the CFR
revised as of July 1,1993.
"Land Disposal Restrictions Phase II;
Universal Treatment Standards, and
Treatment Standards for Organic
Toxicfty Characteristic Wastes and
Newly Listed Wastes"
September 19,1994 (59 EB 47982)
EPA promulgated treatment standards under
the LDR program for the newly identified
organic toxicity characteristic (TQ wastes,
except those managed in Clean Water Act
systems, CWA-equivalent systems, or Class I
Safe Drinking Water Act injection wells, and for
all newly listed coke by-product and
chlorotoluene production wastes. The Agency
also established a single set of consistent
treatment standards for each constituent
regulated under the LDR program, referred to as
universal treatment standards. EPA also
published clarifying guidance regarding
treatability variances, streamlined the hazardous
waste recycling regulations, and reduced
paperwork requirements associated with the
LDR program. The rule is effective on
December 19,1994. Amendments to §266.100
are effective September 19,1994.
OUST
"Kansas; Codification and Incorporation
by Reference of Approved State
Storage Tank Program"
August 23,1994 (59 EB 43290)
EPA intends to codify in Part 282 the prior
approval of Kansas' underground storage tank
program and incorporate by reference
appropriate provisions of state statutes and
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Federal Registers
September 1994
regulations. This rule will be effective
November 28,1994, unless EPA publishes a
prior action withdrawing this immediate final
rule. Comments must be received on or before
.October 27,1994.
CERCLA
"National Oil and Hazardous Substances
Pollution Contingency Plan (NCP)"
September 15,1994 (59 EH 47384)
EPA published revisions to the NCP pursuant
to the Oil Pollution Act and Clean Water Act
The revisions are intended to enhance the current
framework, standards, and procedures for oil and
hazardous substance spill response. This rule is
effective October 17,1994.
PROPOSED RULES
EPCRA
'Toxic Chemical Release Reporting;
Acetone"
September 30,1994 (59 EB 49888)
EPA proposed to delete acetone from the list of
toxic chemicals subject to EPCRA §313
reporting requirements. This action is in
response to a petition filed by Eastman Chemical
Company and Hoechst Celanese. EPA is
proposing Volatile Organic Compound (VOC)
under the Clean Air ACL Finalization of this
proposed rule is contingent upon the finalization
of the proposed rule to exclude acetone from
EPA's definition of a VOC. Comments will be
received until November 29,1994.
NOTICES
RCRA
"Draft Hazardous Waste Minimization
National Plan; Public Meeting"
September 7,1994 (59 EB 46247)
EPA announced that a meeting will be held in
Bethesda, Maryland, on September 20-22. The
meeting will provide a forum for public input on
the Phase I portion of the RCRA Draft
Hazardous Waste Minimization National Plan.
Focus groups at the meeting will address:
prioritization of wastes; goals; voluntary
programs and incentives; and incorporating
waste minimization into RCRA permits.
"Committee on Hazardous Waste
Identification; Public Meeting"
September 12,1994 (59 Efi 46780)
EPA announced that a meeting of the
Committee on Hazardous Waste Identification
will be held in Washington, D.C., on
September 26-27. The meeting will address
work accomplished since the prior meeting of
the Committee and identify steps to be taken in
the future concerning the Committee's work.
"Availability of Data: Cement Kiln Dust
Report to Congress"
September 14,1994 (59 FR 47133)
EPA announced the availability of recently
acquired data on cement kiln dust studied in the
Agency's December 1993 Report to Congress on
Cement Kiln Dust (59 EB 709; January 6,1994).
Comments will be received for a period of 30
days from the date of publication.
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September 1994
Federal Registers
NOTICES
"Arizona; Full Program Adequacy of
State Municipal Solid Waste Permit
Program"
September 15,1994 (59 F_B 47332)
Pursuant to RCRA §4005(c)(lXQ, EPA gave
notice of a tentative determination, public
hearing, and public comment period concerning
the adequacy of Arizona's municipal solid waste
landfill permit program. The public hearing is
tentatively scheduled for October 28,1994.
Comments must be received no later than
November 7,1994.
"Hazardous Waste Management System;
Mercury-Containing Lamps"
September 16,1994 (59 £Q 47583)
EPA granted a 60-day extension to the
comment period for the proposed rule suggesting
two alternative approaches for the management
of mercury-containing lamps published in the
Federal Register on July 27,1994 (59 F_R 38288).
Comments on the July 27,1994, rulemaking
must now be submitted no later than
November 25,1994.
"Identification and Listing of Hazardous
Wastes; Amendment to Exclusion"
September 19,1994 (59 EB 47813)
EPA granted a petition submitted by POP
Fasteners of Shelton, Connecticut, to amend an
exclusion from the lists of hazardous wastes at 40
CFR §§261.31 and 261.32 previously granted for
certain solid wastes generated at its facility. This
rule is effective on September 19,1994.
"New Mexico; Full Program Adequacy of
State Municipal Solid Waste Permit
Program"
September 20,1994 (59 EB 48312)
Pursuant to RCRA §4005(c)(lXQ, EPA gave
notice of a tentative determination, public
hearing, and public comment period concerning
the adequacy of New Mexico's municipal solid
waste landfill permit program. The public
hearing is tentatively scheduled for November 4,
1994. Comments must be received no later than
October 20,1994.
"Massachusetts; Full Program Adequacy
of State Municipal Solid Waste Permit
Program"
September 21,1994 (59 EB 48427)
Pursuant to RCRA §4005(c)(lXQ> EPA gave
notice of a tentative determination and public
comment period concerning the adequacy of
Massachusetts' municipal solid waste landfill
permit program. Comments must be received no
later than October 21,1994.
"Proposed Consent Decree"
September 22,1994 (59 EB 48641)
A Consent Decree in United States v. Great
Lakes Castings Corp.. was lodged with the U.S.
District Court for the Western District of
Michigan on September 7,1994. The decree
requires the settler to reimburse EPA $350,000
for costs incurred in connection with the Great
Lakes Casting Corp. facility in Ludington,
Michigan. Comments will be received for a
period of 30 days from the date of publication.
11
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Federal Registers
September 1994
NOTICES
CERCLA
"Proposed Settlement; Thermo-Chem,
Inc. Site"
September 1,1994 (59 EB 45285)
EPA proposed to enter into ademinimis
settlement under CERCLA §122(g). The
settlement requires the settling parties to
reimburse EPA for costs incurred in connection
with the Thermo-Chem, Inc. Site in Muskegon,
Michigan. Comments must be provided on or
before October 3,1994.
"National Priorities List; Revere Textile
Prints Corporation"
September 2,1994 (59 EB 45628)
EPA announced the deletion of the Revere
Textile Prints Corporation Site in Sterling,
Connecticut, form the National Priorities List
EPA and the State of Connecticut determined
that no further cleanup under CERCLA is
appropriate and the remedial actions at the site
have been protective of public health, welfare,
and the environment This action is effective
September2,1994.
"Proposed Administrative Order on
Consent; Petrochem Recycling Corp./
Ekotek, Inc. Site"
September 9,1994 (59 £B 45672)
EPA proposed to enter into a d£ minimis
settlement under CERCLA §122(g). The
proposed settlement requires 363 settling parties
to reimburse EPA $7,803,386.11 for response
costs incurred in connection with the Petrochem
Recycling CorpTEkotek, Inc. Site in Salt Lake
City, Utah. Comments will be received for a
period of 30 days from the date of publication.
"National Priorities List; Allied Plating
Site"
September 2,1994 (59 EB 45675)
EPA announced its intent to delete the Allied
Plating Site in Portland, Oregon, from the
National Priorities List EPA and the State of
Oregon determined that no further cleanup under
CERCLA is appropriate and that remedial
actions at the site have been protective of public
health, welfare, and the environment Comments
will be received for a period of 30 days from the
date of publication.
"National Priorities List; North U Drive"
September 8,1994 (59 EB 46254)
EPA announced the deletion of the North U
Drive Site in Springfield Missouri, from the
National Priorities List EPA and the State of
Missouri determined that no further cleanup
under CERCLA is appropriate and that remedial
actions at the site have been protective of public
health, welfare, and the environment This action
is effective September 8,1994.
"National Priorities List; Bioclinical
Laboratories"
September 9,1994 (59 EB 46569)
EPA announced the deletion of the Bioclinical
Laboratories Site in Suffolk County, New York,
from the National Priorities List EPA and the
State of New York determined that no further
cleanup under CERCLA is appropriate and that
remedial actions at the site have been protective
of public health, welfare, and die environment
This action is effective October 11,1994.
12
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September 1994
Federal Registers
NOTICES
"Availability of Document"
September 9,1994 (59 ES 46648)
EPA announced the availability of the Agency
for Toxic Substances and Disease Registry's
(ATSDR's) draft criteria for determining the
appropriateness of site-specific medical
monitoring programs under CERCLA. Medical
monitoring is conducted by ATSDR under
CERCLA §104(i)(9) as part of the health
surveillance program for populations at
significant risk of adverse health effects as a
result of exposure to hazardous substances
released from CERCLA facilities. Comments
will be accepted until October 24,1994.
"Proposed Amended Consent Decree;
Newsome Brothers Site"
September 9,1994 (59 EB 46660)
An Amended Consent Decree in United States
v. Reichold Chemical Co.. et al. was lodged with
the U.S. District Court for the Southern District
of Mississippi, Hattiesburg Division, on August
24,1994. The decree addresses groundwater
contamination at the Newsome Brothers
Superfund Site, Columbia, Mississippi, that was
discovered during remedial action being
performed under the consent decree entered on
July 25,1990. The contamination either did not
exist or was undetected when the original decree
was signed. Comments will be received for a
period of 30 days from the date of publication.
"Proposed Consent Decree; Kellogg
Derring Well Field Site"
September 9,1994 (59 EB 46660)
A Consent Decree in United States v. Elinoco
Associates. L.P.. was lodged with the U.S.
District Court for the District of Connecticut on
July 26,1994. The decree requires the settlers to
reimburse EPA $255,000 for costs incurred in
connection with the Kellogg Deering Well Field
Site in Norwalk, Connecticut Comments will be
received for a period of 30 days from the date of
publication.
"Proposed Consent Decree; Waste
Disposal Engineering, Oak Grove
Landfill, East Bethel, Carter Industrials,
inc., Land Reclamation, Hunt*s Disposal
Lowry Landfill, USS Lead Refinery, Fort
Wayne Reduction, Lindsley Lumber,
and Dixie Caverns Site"
September 15,1994 (59 EB 47347)
A Consent Decree in United States v. Evan$
Asset Holding Co. was lodged with the U.S.
District Court for the Southern District of Florida
on August 25,1994. The decree requires the
settler to reimburse EPA $654313 and the State
of Minnesota $220,890 for costs incurred in
connection with the Waste Disposal Engineering
Site in Andover, Minnesota, the Oak Grove
Landfill Site in Oak Grove, Minnesota, the East
Bethel Site in Minnesota, the Carter Industrials,
Inc. Site in Detroit, Michigan, the Land
Reclamation Site in Racine, Wisconsin, the
Hunt's Disposal Site in Caledonia, Wisconsin, the
Lowry Landfill site in Arapahoe County,
California, the USS Lead Refinery Site in East
Chicago, Indiana, the Fort Wayne Reduction Site
in Fort Wayne, Indiana, the Lindsley Lumber
Site in Dania, Florida, and the Dixie Caverns Site
in Roanoke County, Virginia. Comments will be
received for a period of 30 days from the date of
publication.
"Proposed Consent Decree; Onalaska
Municipal Landfill Site"
September 15,1994 (59 EB 47348)
A Consent Decree in United States v. Town of
Onalaska. Wisconsin was lodged with the U.S.
13
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Federal Registers
September 1994
NOTICES
District Court for the Western Division of
Wisconsin on August 30,1994. The decree
requires the settler to reimburse EPA $110,000
for costs incurred in connection with the
Onalaska Municipal Landfill Site, Onalaska,
Wisconsin. Comments will be received for a
period of 30 days from the date of publication.
"Proposed Consent Decree; Hassayampa
Landfill Site"
September 16,1994 (59 EB 47643)
A Consent Decree in United States v. Alcatel
Network Systems, et al.. was lodged with the
U.S. District Court for the District of Arizona on
September 2,1994. The decree requires the
settlers to conduct remedial activities at die
Hassayampa and reimburse EPA $37,076.13 for
costs incurred in connection with the
Hassayampa Landfill Site, Maricopa County,
Arizona. Comments will be received for a period
of 30 days from the date of publication.
"National Priorities List; C&J Disposal
Site"
September 20,1994 (59 EB 48178)
EPA announced the deletion of the C&J Site in
Eaton, New York, from the National Priorities
List EPA and the State of New York determined
that no further cleanup under CERCLA is
appropriate and that remedial actions at the site
have been protective of public health, welfare,
and the environment This action is effective
September 20,1994.
"Request for Pre-Proposals"
September 20,1994 (59 EB 48308)
EPA corrected the deadline for submission of
pre-proposals from Minority Academic
Institutions for participation in the Hazardous
Substance Research Centers Program authorized
by CERCLA §31 l(d). EPA is making funds
available to enhance the ability of MAIs to
participate in research, technology transfer,
training, and academic development activities in
collaboration with HSRCs. The full text of the
pre-proposal document is printed in this notice.
All pre-proposals must be received by
October 21,1994.
"Proposed Settlement; Odessa Drum
Site"
September 23,1994 (59 EB 48879)
EPA proposed to enter into a ds minimis
settlement under CERCLA §122(g). The
proposed settlement requires settling parties to
reimburse EPA for response costs incurred in
connection with the Odessa Drum Site in Odessa,
Ector County, Texas. Comments will be
received for a period of 30 days from the date of
publication.
"Disclosure of Confidential Business
Information"
September 29,1994 (59 EB 49661)
EPA complied with the requirements of 40
CFR 2.301(h) and 40 CFR 2.3 l(h) to disclose
cost recovery support documentation for die
Hastings Ground Water Contamination
Superfund Site.
"Proposed Consent Decree; Port
Washington Landfill Site"
September 29,1994 (59 EB 49712)
A Consent Decree in United States v. Town of
North Hempstead was lodged with the U.S.
District Court for the Eastern District of New
York on September 16,1994. The decree
requires die settlers to reimburse EPA $2.64
14
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September 1994
Federal Registers
NOTICES
million for costs incurred in connection with the
Port Washington Landfill Site in North
Hempstead, New York. Comments will be
received for a period of 30 days from the date of
publication.
EPCRA
"Chemical Use Inventory (TRI Phase 3);
Public Meeting"
September 22,1994 (59 £B 48628)
EPA announced a change in the time and place
of the September 28 public meeting described in
the August 8,1994, Federal Register (59 FR
40362). The meeting will now be held from
9 a.m. to 5 p.m. at the Waterside Towers
Conference Room, 907 6th Street, SW,
Washington, DC. The meeting will explore
issues related to the possible expansion of the
Toxics Release Inventory (TRI) to include use-
related data elements such as those associated
with material accounting.
OTHER
"Availability of Documents: Dioxin
Studies"
September 13,1994 (59 EB 46980)
EPA announced the availability of two External
Review Draft documents representing the
Agency's scientific reassessment of the health
risks of exposure to 2,3,7,8-tetrachlorodibenzo-p-
dioxin (TCDD) and chemically similar
compounds collectively known as dioxin. EPA
undertook this task in response to emerging
scientific knowledge of the biological, human
health, and environmental effects of dioxin.
'Toxic Chemical Release Reporting;
Administrative Stay"
August 22,1994 (59 EB 43048)
EPA issued an administrative stay of EPCRA
§313 toxic chemical release reporting
requirements for hydrogen sulfide (CAS No.
7783-06-4) and methyl mercaptan (CAS No. 74-
93-1). This stay will defer reporting on these two
chemicals while the Agency reviews new data
and information made available regarding the
appropriateness of retaining die listings for theses
chemicals.
15
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CALL ANALYSES
CALLS ANSWERED BY HOTLINE
September Daily Volume*
300 -r
250 -•
RCRA/UST
Documents
200
150 -•
100 i
50 ••
EPCRA and
Superfund
^
H
H 1 1 1 1 1 1 1
9 12 13 14 15 16 19 20 21 22 23 26 27 28 29 30
Day
Year to Date*
RCRA/UST
January
February
March
April
May
June
July
August
September
Month
5.843
5,069
6,059
4,535
4,802
6.324
4.565
5.257
4,729
Cumulative
5,843
10,912
16.971
21,506
26308
32.632
37197
42.454
47,183
EPCRA and Superfund
January
February
March
April
Mav
June
.luly
Auaust
September
Month
4,418
6,835
7.203
6,114
7544
8414
394$
3906,
3,863
Cumulative
4.418
11,253
18.45Q
24,570
32514
40928
44874
48 780
52,643
Documents
(All Proaram Areas)
January
February
March
April
Mav
June
July
AuQUSt
September
Month
4,050
4,095
4.081
3,203
3.800
4.915
4246
4.913
4,407
Cumulative
4.050
8,145
12,226
15,429
19229
24.144
28390
33.303
37,710
* All calls answered by the Call Management System, the Message Retrieval Line, and the Document Retrieval Line.
17
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Call Analyses
September 1994
QUESTIONS ANSWERED BY TYPE
September Daily Volume*
Regulatory
6 7 8 9 12 13 14 15 16 19 20 21 22 23 26 27 28 29 30
.1
Year to Date*
Reaulatory
January
February
March
April
May
June
July
August
September
Month
12,042
12.609
1594J
13.686
15.514
19,335
11.280
11,393
11,241
Cumulative
12,042
24.651
4059ft
54.284
69.798
89.133
100.413
111,806
123,047
Document
January
February
March
April
May
June
July
Auaust
September
Month
4,353
4.528
4.789
3.931
4.346
5,404
4.561
5,093
4,561
Cumulative
4,353
8.881
13,670
17,601
21,947
27,351
31,912
37,005
41,566
Referral/Transfer
January
February
March
April
May
June
July
August
September
Month
768
1,288
1.954
1,482
1,763
1,669
1,231
1,508
1,442
Cumulative
768
2,056
4.010
5,492
7,255
8,924
10.155
11,663
13,105
* All questions answered by the Call Management System, the Message Retrieval Line, and the Document Retrieval Line. A
single call may include multiple questions combined with document requests and referrals.
18
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September 1994
Call Analyses
QUESTIONS ANSWERED BY PROGRAM AREA
September 1994*
'Based on 15,802 questions and excludes 1,442 referrals and transfers made from both Hotlines. Includes the
Message Retrieval Line and the Document Retrieval Line.
Year to Date*
January
February
March
April
May
June
July
August
September
RCRA
Month
57%
(9,394)
51%
(8,788)
54%
(11.149)
49%
(8,708)
47%
(9,334)
43%
(10,757)
53%
(8,365)
60%
(9,786)
59%
(9,350)
Cumulative
57%
(9,394)
54%
(18,182)
54%
(29,331)
53%
(38,039)
52%
(47,373)
50%
(58,130)
50%
(66,495)
51%
(76,281)
52%
(85,631)
UST
Month
4%
(668)
5%
(831)
5%
(993)
5%
(857)
4%
(791)
4%
(932)
6%
(917)
6%
(1,018)
7%
(1 ,083)
Cumulative
4%
(668)
5%
(1.499)
5%
(2,492)
5%
(3,349)
4%
(4.140)
4%
(5.072)
5%
(5.989)
5%
(7.007)
5%
(8,090)
EPCRA
Month
25%
(4,100)
29%
(4,923)
27%
(5,588)
31%
(5.509)
37%
(7.386)
45%
(11.042)
27%
(4,312)
21%
(3.532)
20%
(3.196)
Cumulative
25%
(4,100)
27%
(9,023)
27%
(14,611)
28%
(20,120)
30%
(27,506)
33%
(38,548)
32%
(42,860)
31%
(46,392)
30%
(49,588)
Superfund
Month
14%
(2.223)
15%
(2.595)
14%
(3,006)
15%
(2,543)
12%
(2,349)
8%
(2,008)
14%
(2.247)
13%
(2.150)
14%
(2,173)
Cumulative
14%
(2,223)
14%
(4,818)
14%
(7,824)
14%
(10,367)
14%
(12,716)
13%
(14,724)
13%
(16,971)
13%
(19,121)
13%
(21,294)
19
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Call Analyses
September 1994
CALLER PROFILE
RCRA/UST Hotline
Regulated Community 5,644
Citizens 215
State & Local Govt./Narive American 214
Federal Agencies 80
Educational Institutions 127
EPA 78
Media 9
Interest Groups 8
Congress 0
International 6
Other 128
Referrals* 340
Transfers to EPCRA/Superfund Hotline* 137
Document Retrieval Line* 310
Message Retrieval Line* 518
TOTAL
Citizens
State 4 Local Govt./ 3%
Native American
3%
All Others
6%
7,814
Federal Agencies
1%
Regulated
Community
* No caller profile data available.
20
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September 1994
Call Analyses
Emergency Planning and Community Right-to-Know Act/
Superfund Hotline
Manufacturers
Food/Tobacco 32
Textiles 22
Apparel 14
Lumber & Wood 20
Furniture 17
Paper 24
Printing & Publishing 26
Chemicals 163
Petroleum & Coal 53
Rubber and Plastics 39
Leather 11
Stone, Clay & Glass 24
Primary Metals 55
Fabricated Metals 71
Machinery (Excluding Electrical) 26
Electrical&Electronic Equipment 31
Transportation Equipment 38
Instruments 17
Misc. Manufacturing 77
Subtotal 760
Consultants/Engineers 1,639
Attorneys 334
Citizens 300
Public Interest Groups 26
Educational Institutions 152
EPA 46
Federal Agencies 88
GOCOs 9
Congress 0
State Officials/SERCs 83
Local Officials/LEPCs 49
Fire Departments 20
Hospitals/Laboratories 32
Trade Associations 17
Union/Labor 5
Farmers 2
Distributors 21
Insurance Companies 7
Media/Press 20
Native Americans 2
International 4
Other 272
Referrals* 406
Transfers to RCRA/UST Hotline* 559
Document Retrieval Line* 51
Message Retrieval Line* 281
TOTAL 5,185
Attorneys
9%
Citizens
8%
Manufacturers
19%
Consultants/
Engineers
42%
* No caller profile data available.
AllOtrwre
22%
21
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Call Analyses
September 1994
HOTLINE TOPICS
RCRA
Special Wastes
Ash 9
Mining Wastes, Bevill 18
Medical Wastes 85
Oil and Gas 8
Subtitle C (General) 527
Hazardous Waste Id. (General) 1,722"
Toxicity Characteristic 85
Wood Preserving 11
Listing of Used Oil 42
Fluff 2
Radioactive Mixed Waste 28
Delisting Petitions 16
Hazardous Waste Recycling 228*
Generators 4881
Small Quantity Generators 180
Transportation/Transporters 62
TSDFs General 267
TSDFs Siting Facilities 15
TSDFs Capacity 3
TSDFs Treatment 60
TSDFs Burning 117
TSDFs Storage 76
TSDFs Disposal 80
Land Disposal Restrictions 856U
Permits and Permitting 160
Corrective Action 270*
Financial Liability/Enforcement 118
Test Methods 105
Health Effects 28
Waste MinTPolIution Prevention 315U
State Programs 69
Hazardous Waste Data 53
Subtitle D (General) 3251
Household Hazardous Waste 157
Siting Facilities 28
Combustion 63
Industrial Waste , 12
Composting 27
Source Reduction/Poll. Prev. 110
Grants & Financing 8
Procurement (General) 40
Building Insulation 4
Cement & Products with Fly Ash 4
Paper & Paper Products 4
Re-refined Lubricating Oil 4
Retread Tires 4
Solid Waste Recycling (General) 393"
Aluminum 9
Batteries 14
Glass 9
Paper 19
Plastics 24
Tires 15
Used Oil 181
Markets (General) 7
Aluminum 6
Batteries 5
Compost 21
Glass 7
Paper 3
Plastics 2
Tires 15
Used Oil 18
RCRA General l,7097-«
TOTAL 9350*
* Includes 2,510 RCRA document requests.
1 Hot topics for this month.
'Includes 316 message retrievals and 31 document retrievals for information on the proposed mercury-containing lamp rule.
'Includes 158 message retrievals and 10 document retrievals for information on the Land Disposal Restrictions Phase II final
rule.
'Includes 33 document retrievals for the new soil-lead directives.
Includes 35 message retrievals for information on the Draft National Waste Minimization Plan public meeting, and 65
document retrievals for the "Draft Methodology on Setting Priorities for Hazardous Waste Minimization."
'Includes 26 document requests for the Summer 1994 edition of " Reusable News."
Includes 98 document retrievals for "The Catalog of Hazardous and Solid Waste Publications."
Includes 9 message retrievals requesting Spanish-language information.
• Topics are calculated as the summation of all questions received by the Hotline. A single call may result in
multiple questions.
22
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September 1994
Can Analyses
UST
General/Misc.
Applicability/Definitions
Regulated Substances
Standards for New Tank Systems
Tank Standards and Upgrading
Operating Requirements
Release Detection
Release Reporting & Investigation
Corrective Action for USTs
Out-of-Service/Closure
Financial Responsibility
State Programs
Liability/Enforcement
LUST Trust Fund
TOTAL
* Includes 525 UST document requests.
1671
58
61
56
95
90U
2321
51
1223
42
46
21
36
6
1,083*
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
General:
General Title HI Questions
Trade Secrets
Enforcement
Liability/Citizen Suits
Training
Chemical-Specific Information
Emergency Planning (§§301-303):
General
Notification Requirements
SERC/LEPC Issues
EHSs/TPQs
Risk Communication/
Hazards Analysis
Exemptions
394
10
39
6
9
69
72
29
30
49
34
5
Emergency Release Notification (§304): .
General 1484
Notification Requirements 59
Reportable Quantities 113
CERCLA § 103 vs. SARA §304 35
ARIP/AHEDB/ERNS 11
Exemptions 9
Hazardous Chemical Reporting
(§§311-312):
General 46
MSDS Reporting Requirements 55
Tier l/R Requirements 151
Thresholds 49
Hazard Categories 9
Mixtures Reporting - 13
Exemptions 32
Toxic Chemical Release Inventory (§313):
General 137
Reporting Requirements 209
Thresholds 93
Form R Completion 290
Supplier Notification 18
NOSEs/NONs 33
Voluntary Revisions 135
Pollution Prevention 33/50 101s
Public Access to Data 79
TRI Database 96
Petitions 93
TRI Expansion 63
Exemptions 50
Special Topics:
CAA§112
General 77
RMPs 95
List of Regulated Substances 52
Federal Facilities Executive Order 99
TOTAL 3,196
"Includes 965 Emergency Planning and Community
Right-to-Know document requests
1 Hot topics for thk i
'Includes 38 document retrievals for " An Overview of UST Remediation Options."
'Includes 9 document retrievals for "Doing Inventory Control Right: USTs" and "Manual Tank Gauging for Small USTs."
'Includes 77 message retrievals and 18 document retrievals for information on the Hazardous Materials Spills Conference.
Includes 77 message retrievals for information on the Promoting Pollution Prevention Voluntary Initiatives Conference.
'Topics are calculated as the summation of all questions received by the Hotline. A single call may result in
multiple questions.
23
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Call Analyses
September 1994
SUPERFUNO
General/Misc. 196
Access & Information Gathering 17
Administrative Record 10
ARARs 80
CERCLIS 63
Citizen Suits 4
Claims Against Fund 10
Clean-Up Costs 33
Clean-Up Standards 333"
Community Relations 40
Contract Lab Program (CLP) 18
Contractor Indemnification 4
Contracts 17
Definitions 23
Enforcement 39
Federal Facilities 15
Hazardous Substances 75
HRS 19
Liability 90
Local Gov't Reimbursement 14
Natural Resource Damages 13
NCP 28
Notification 53
NPL 1991
Off Site Rule 17
OSHA 8
PA/SI 16
PRPs 31
RD/RA 15
Reauthorization 32
Remedial 96
Removal 33
RI/FS 35
Risk Assess./Health Effects 54
ROD 39
RQ 1931
SACM 29
Settlements 43
SITE Program 26
State Participation 8
State Program 6
TAGs 2
Taxes 10
Special Topics
Oil Pollution Act
SPCC Regulations
Radiation Site Cleanup
31
29
27
TOTAL 2,173*
"Includes S61 Superfund document requests.
TOTAL HOTLINE QUESTIONS,
DOCUMENT REQUESTS AND
REFERRALS:
17^44
1 Hot topics for tfaii month.
' Includes 204 message retrievals and 33 document retrievals for information on the new soil-lead directives.
'Topics are calculated as the summation of all questions received by the Hotline. A single call may result in
multiple questions.
24
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