3 EPA530-R-94-0051 PB94-922412 HLY HOTLINE REPORT December 1994 RCRA/UST, Superfund, and EPCRA Hotline Questions and Answers Resource Conservation and Recovery Act (RCRA) 1 Underground Storage Tanks (UST) 2 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) .„.. £ 3 Emergency Planning and Community Right-to-Know 4 New Publications Resource Conservation and Recovery Act (RCRA) 7 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 8 Other 9 Federal Registers Final Rules : 11 Proposed Rules 11 Notices 12 Call Analyses Calls Answered 19 Caller Profiles 22 Hotline Topics 24 RCRA/UST. Supertund, and EPCRA National Toil-Free Nos 800-424-9346 or 800-535-0202 Local 703-412-9810 TDD National Ton-Free No.: 800-553-7672 This report is prepared and submitted in supcort of Contract No. 68-WO-0039. EPA Project Officer: Carie VanHooft J U.S. Environment,», Protection Agency Washington, DO . -wiO Printed on Recycled Pape' ------- ------- HOTLINE QUESTIONS AND ANSWERS RCRA 1. Notification Requirements for Exported Wastes In addition to other requirements, a primary exporter of hazardous waste must comply with the special requirements of 40 CFR Pan 262, Subpart E, including providing notification of intent to export to EPA's Office of Enforcement and Compliance Assurance 60 days prior to the initial shipment (§26253(a)), and originating the hazardous waste manifest (§26254). If a waste is not regulated as a hazardous waste in the United States but is subject to Canadian regulations, must the exporter notify EPA of the intent to export? If the waste is a hazardous waste but exempt from regulation in the United States, must the exporter still notify EPA ? Part 262, Subpart E applies only to wastes which are subject to Part 262, Subpart B manifest requirements (see also 51 FR 28664; August 8,1986). For example, if the waste intended for export is a solid waste according to §261.3 but is not regulated as a hazardous waste subject to manifest requirements, the exporter would not be required to notify EPA of the intent to export. Wastes which are hazardous but exempt from manifest requirements would also be exempt from Part 262, Subpart E. For example, scrap metal (§261.6(a)(3)(iii)) and lead-acid batteries (§261.6(a)(2)(iv)) sent for reclamation are exempt from Subtitle C hazardous waste regulations (including the manifest requirements), and would therefore not be subject to Subpart E export requirements. Although exporters may be exempt from the requirement to notify EPA, they are advised to check with their Canadian counterparts for any applicable regulations (for example, Canadian manifest requirements) before the waste crosses the border. 2. Elementary Neutralization Units Generating and Storing Non- Corrosive Hazardous Wastes The operator of an electroplating facility neutralizes corrosive D002 wastewaters with lime in an on-site tank. The neutralization process causes a sludge to accumulate at the bottom of the tank. Although it does not exhibit the characteristic ofcorrosivity, this sludge from the treatment of electroplating wastewaters meets the definition ofF006 listed hazardous waste (40 CFR §261.31). The neutralization process thus causes a non- corrosive hazardous waste to be generated and stored in the treatment tank. Can this tank meet the definition of an elementary neutralization unit? This treatment tank at the electroplating facility meets the definition of an elementary neutralization unit, because the waste originally treated in the tank is hazardous only due to corrosivity. According to 40 CFR §260.10, an elementary neutralization unit is a device which: (1) is used for neutralizing wastes that are hazardous only because they exhibit the corrosivity characteristic, or are listed only because ofcorrosivity; and (2) meets the definition of a tank, container, transport vehicle, or vessel. As long as the ------- Hotline Questions and Answers Decemberl994 original influent waste is hazardous only due to corrosivity, generation of a new, non- corrosive listed or characteristic hazardous waste during the neutralization process does not automatically bar the tank from the elementary neutralization unit definition. This tank is therefore eligible for the exemption for elementary neutralization units found at 40 CFR §§264.1(g)(6), 265.1(c)(10), and 270.1 (c)(2)(v). Units qualifying for this exemption are not subject to permitting, generator on-site accumulation time limits, weekly inspections, or other technical RCRA standards. Since the elementary neutralization unit exemption applies only to the tank and does not attach to wastes that are removed from the unit, the F006 sludge formed during the neutralization process is subject to full regulation as a hazardous waste once it is removed from the tank for treatment and disposal. 3. Epineohrine Residue In A Syringe Is Not P042 A hospital administers the drug epinephrine to patients by injection with a syringe. After the proper dose is injected, excess epinephrine and epinephrine residue remain in the syringe. Epinephrine appears on the P-list of hazardous wastes at 40 CFR §26133(e) as P042. Is the epinephrine remaining in the syringe a P-listed hazardous waste when the syringe is discarded? The epinephrine in the discarded syringe would not be classified as a listed hazardous waste. The P-list of hazardous wastes applies to unused discarded commercial chemical products. Commercial chemical products are defined as commercially pure grades and technical grades of the listed chemicals or chemical formulations in which the listed chemical is the sole active ingredient, which have not been used for their intended purpose (54 FR 31335,31336; July 28,1989). Drug residues often remain in § dispensing instrument after the instrument is used to administer medication. EPA considers such residues remaining in a dispensing instrument to have been used for their intended purpose. The epinephrine remaining in the syringe, therefore, is not a commercial chemical product and not a P042 hazardous waste. The epinephrine could be a RCRA hazardous waste, however, if it exhibits a characteristic of hazardous waste. ,v OUST 4. Leaking Underground Storage Tank Trust Fund In 1986, the Superfund Amendments and Reauthorization Act (SARA) amended Subtitle I of RCRA and added RCRA §9003(h) which established a program to address releases from petroleum underground storage tanks (USTs). Congress created the Leaking Underground Storage Tank (LUST) Trust Fund to help ensure that money was available • for the clear"? of petroleum releases at facilities which are unable to pay for the cleanup. How can EPA and states use the LUST Trust Fund to pay for cleanups at sites with leaking petroleum USTs? The LUST Trust Fund program provides EPA with funding to initiate cleanup at sites contaminated by leaking petroleum USTs as necessary to protect human health and the environment. This program is similar to EPA's Superfund Program, which establishes a Fund for the cleanup of hazardous substance sites. As with Superfund, the LUST Trust Fund is available to EPA and states to help pay for the cleanup of releases when a responsible party capable of performing corrective action cannot be identified. The Futiu is financed through a 0.1 cent per gallon ------- December 1994 Hotline Questions and Answers excise tax on gasoline, diesel, and aviation fuels, and is appropriated to EPA by Congress. EPA distributes Fund money to states who have signed Cooperative Agreements with the Agency. The Cooperative Agreements give states the authority to initiate corrective action at sites with leaking petroleum USTs and specify the actions states will take when responding to releases. States play the primary role in implementing corrective action at UST sites, and determine when and how to utilize Trust Fund money. When states initiate corrective action at a particular site, they can use Fund money only for activities directly related to responding to actual or suspected releases from petroleum USTs subject to Subtitle I regulation. Such activities include inspecting the tank and identifying suspected releases, developing and enforcing corrective action orders, performing corrective action (including exposure assessment, cleanup, provision of safe drinking water to residents), and recovering costs of Fund-financed activities from responsible owners and operators. The Fund cannot be used for addressing releases from hazardous substance USTs or from USTs that are not subject to Subtitle I. States will require responsible owners or operators to perform and pay for corrective action when petroleum releases are discovered. The LUST Trust Fund will be used to pay for corrective action in situations when a responsible owner or operator cannot be identified, when an owner or operator refuses to comply with a corrective action order, or when an owner or operator cannot afford the full cost of cleanup right away. When Fund money is used, states have the authority to recover corrective action costs from a responsible party that has the ability to pay for corrective action. There are certain limitations on the use of the LUST Trust Fund at government facilities. The Fund may not be used to clean up actual releases from petroleum USTs at state and federal facilities. It may, however, be used for site investigations, enforcement actions, and to address emergency situations at these site's as necessary to protect human health and the environment States can utilize the Trust Fund to initiate corrective action and pay for the cleanup of releases at local government UST sites, similar to other responsible party sites. CERCLA 5. Waivers of ARARs and Permits by Private Parties in CERCLA Response Actions CERCLA provides authority for several different persons to take actions to mitigate or eliminate releases of hazardous substances. These include actions taken by EPA, states, or tribes under CERCLA §104(d)(l) response authority, as well as actions taken by persons pursuant to an administrative order or consent decree issued under CERCLA §§106 or 122. Any private party may also undertake a response action on its own initiative. While these private party actions are not carried out under CERCLA authority, the party undertaking the cleanup may seek to recover its response costs from those responsible for the release under the cost recovery provisions in CERCLA §107 if the party has complied with the procedures set forth in the NCP. May private parties conducting response actions take advantage of any of the regulatory waivers provided by the NCP? Private party actions are not eligible for waivers of permits or applicable requirements. The NCP makes clear that only sites addressed under CERCLA authority are eligible for ------- Hotline Questions and Answers December 1994 waivers (40 CFR §300.700(c)(5)(iii) and 55 'ER 87%; March 8,1990). CERCLA §Kl(d) requires that en-site remedial actions comply with federal environmental laws, as well as state environmental or facility siting laws that are deemed to be applicable or relevant and appropriate requirements (ARARs). On-site actions at CERCLA sites must comply only with the substantive requirements of ARARs, which include cleanup standards and other environmental protection criteria. Administrative requirements of such ARARs, such as reporting, record keeping, or permitting, do not need to be complied with at sites. CERCLA §121(e)(l) specifically mandates that no federal, state, or local permits are required for response actions that occur entirely on site. This permit waiver applies to any site addressed under CERCLA removal or remedial authority. The National Contingency Plan (NCP) requires compliance with ARARs both during remedial actions, and, to the extent practicable considering the exigencies of the situation, during removal actions (40 CFR §300.430(f); §300.415(i)). ARARs may be waived in certain circumstances specifically authorized under CERCLA §121(d)(4), but the authority to waive ARARs in §121(d)(4) is conferred solely to the President (and by delegation to EPA). Since private party actions (other than those subject to an order under CERCLA §106 or a consent decree under CERCLA §122) are not conducted under the President's authority, private parties may not grant themselves waivers of applicable requirements. Similarly, the §121(e)(l) permit waiver does not apply to purely private actions as those actions are not selected under §121 of CERCLA. Compliance with relevant and appropriate requirements is not legally required for purely private non-CERCLA cleanups. These private parties may choose not to comply with relevant and appropriate requirements, regardless of whether a waiver would apply. If a private party wishes to Ensure that its cleanup is consistent with the National Contingency Plan for purposes of cost recovery, however, it should comply with all relevant and appropriate as well as applicable requirements (55 EE 8793, March 8,1990). In doing so, it may take advantage of the waiver provisions for relevant and appropriate requirements, but not, as discussed above, for applicable requirements. EPCRA 7. Description of the Terms "Molten" and "In Solution" Under EPCRA §302 To assist state and local officials in the development of emergency response plans, EPA requires the owner or operator of each facility at which an extremely hazardous substance (EHS) is present in an amount equal to or exceeding its threshold planning quantity (TPQ) to notify the State Emergency Response Commission (EPCRA §302). The list ofEHSs (found in 40 CFR Part 355, Appendices A and B) whose presence may trigger an emergency planning notification indicates each chemical's threshold planning quantity. EHSs which are in solid form under standard conditions have two TPQs: a lower threshold, which applies to powders with a particle size less than 100 microns, certain reactive solids, chemicals in molten form, and solids in solution; and an upper threshold, which applies to all other forms of the chemical (40 CFR §355.30(e)(2)(i)). What does EPA mean by the terms "molten" and "in solution" when used to describe extremely hazardous substances, and now are these forms quantified for comparison to the appropriate threshold planning quantity? ------- December 1994 Hotline Questions and Answers The term "molten" denotes the liquid form of an EHS which is a solid at standard * •» temperature and pressure. EPA requires * ' facilities to account for the potential volatility of molten chemicals by applying the lower of the two TPQs listed in 40 CFR Part 355, Appendices A and B, to EHSs present in molten form. Facilities need not, however, compare the entire weight of a molten chemical to the lower TPQ. The Agency examined the fraction of volatilization expected for the solids on the list and found v that it ranges from 0.3 to 0.008 pounds/minute per pound spilled. Since data were not available for all solids and to be conservative, the Agency chose to incorporate the 0.3 fraction into the reporting requirements (59 FR 51819; October 12,1994). To determine if the presence of a molten EHS triggers an emergency planning notification, the facility owner or operator should therefore multiply the weight in molten form by 0.3 and compare the resulting figure to the lower TPQ for the chemical in question (40 CFR §355.30(e)(2Xiv)). A solid EHS is present "in solution" when dissolved in a liquid. When determining if the presence of a dissolved EHS triggers an emergency planning notification, the facility owner or operator may compare the weight of the solid in solution (rather than the entire weight of the solution) to the lower TPQ for the chemical in question (40 CFR §355.30(e)(2)(ui)). ------- ------- NEW PUBLICATIONS HOW TO ORDER NTIS Publications are available by calling (703) 487-4650, or writing NT1S, 5285 Port Royal Road, Springfield, VA 22161. Use the NTIS Order Number listed under the document EPA Publication* are available through the Hotline. Use the EPA Order Number listed under the document. RCRA/UST, Superfund, and EPCRA National Toil-Free Nos.: 800-424-9346 or 800-535-0202 Local: 703-412-9810 TDD National Toll-Free No.: 800-553-7672 V RCRA TITLE: "1991 Biennial RCRA Hazardous Waste Report: List of Large Quantity Generators" AVAILABILITY: Hotline EPA ORDER NO.: EPA530-C-94-001 This is the disk version of the list of large quantity generators of hazardous waste. The list, on a 3.5" disk, contains the EPA ID number, company name, location, and tons of waste generated for every facility in the United States that reported as a large quantity generator in 1991. TITLE: "Characterization of Municipal Solid Waste in the United States: 1994 Update" AVAILABILITY: NTIS NTIS ORDER NO.: PB94-147690 This report provides information about the amount of municipal solid waste generated in the United States through 1993. It addresses the relationship of waste generation to population and economic activity, and contains discussions of various MSW management options such as combustion, composting, and landfilling. The document also examines the role of source reduction and its effects on waste generation and presents projections for MSW generation and combustion to the year 2000. TITLE: "Characterization of Municipal Solid Waste in the United States: 1994 Update; Executive Summary" AVAILABILITY: Hotline EPA ORDER NO.: EPA-530-S-94-042 This document summa^l^es the information contained in the Characterization of Municipal Solid Waste in the United States: 1994 Update. It contains general information about the quantity of MSW generation in the United States through 1993, and projections for MSW generation through the year 2000. It also addresses various MSW management options such as combustion, composting, and landfilling. TITLE: "Environmental Fact Sheet: Final Air Emissions Under the Resource Conservation and Recovery Act (RCRA) for Hazardous Waste Treatment, Storage, and Disposal Facilities: Tanks, Surface Impoundments, and Containers" AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-94-041 This fact sheet outlines the EPA's final rule under the authority of §3004(n) of RCRA to ------- New Publications December 1994 reduce organic air emissions from hazardous waste treatment, storage, and disposal " facilities. The document addresses the environmental benefits of this rulemaking. It provides information on who will be affected by the final rule, and it briefly lists what the final standards will require. This fact sheet also references sources of additional information, and ordering information for the final rule. CERCLA TITLE: "U.S. EPA Contract Laboratory Program: Statement of Work for Organic Analysis OLMO3.1" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 503 This Statement of Work.(SOW) is part of the documentation required in contracts between EPA and commercial laboratories performing analyses in support of EPA Superfund Programs. It includes an overview of the general requirements; a description of the laboratories' reporting and deliverables requirements, a target compound list with the contract-required quantitation limits for sample matrices, analytical procedures, descriptions of required QA/QC, standard operating procedures and sample documentation requirements. TITLE: "Superfund Technical Assistance Grants (TAGs)" AVAILABILITY: NTIS NTIS ORDER NO.: PB93-963 302 This brochure gives an overview of the Technical Assistance Grant (TAG) program. The TAG program provides funds for community groups near Superfund sites to obtain expert assistance. This pamphlet contains background information; the use of TAGs, who may apply, and how to apply; and additional sources of information about the program. «? i TITLE: "Superfund Technical Assistance Grant (TAG) Handbook: Managing Your Grant" AVAILABILITY: NTIS NTIS ORDER NO.: PB03-963 355 This handbook provides the basic requirements for managing a TAG. It includes the dos and don'ts, commonly asked questions, a grant management checklist, and sample grant management documents. TITLE: "Superfund Strategic Plan and Implementation Strategy FY 1994" AVAILABILITY: NTIS NTIS ORDER NO.: PB94-963 245 This document provides the Superfund program's strategic direction for FY 1994. It presents the vision, mission, and goals of the program. TITLE: "Audit Management Process" AVAILABILITY: NTIS NTIS ORDER NO.: PB94-963 232 The purpose of this reference guide is to describe the audit management process. This guide explains relevant terms; roles and responsibilities of participants; and helpful hints and tools for full compliance. It is primarily geared toward the Office of Emergency Remedial Response managers and staff. ------- December 1994 New Publications TITLE: "Procedure for Use of USAGE Replaced Contracts to Expedite Superfund Cleanup Tasks" AVAILABBLITY: NTIS NTIS ORDER NO.: PB94-963243 To provide more flexible and responsible contracting capabilities, the U.S. Army Corps of Engineers (USAGE) has procured contracts that give EPA streamlines access to engineering, removal, and remedial services at selected Superfund site. This fact sheet describes each contract in terms of scope, applicability, criteria for use, response time, procedures for accessing the contract, and cost. 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 June 1994 July 1994 PB94-922 401 530-R-94-005a PB94-922402 530-R-94-005b PB94-922403 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 August 1994 September 1994 October 1994 November 1994 December 1994 PB94-922 408 530-R-94-005h **• » PB94-922 409 530-R-94-005i PB94-922410 530-R-94-005J PB94-922411 530-R-94-005k PB94-9&2 412 530-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. ------- 10 ------- FEDERAL REGISTERS FINAL RULES RCRA "Hazardous Waste TSDFs and Generators; Organic Air Emission Standards for Tanks, Surface Impoundments, and Containers" December 6,1994 (59 EB 62896) EPA promulgated air standards in order to reduce organic emissions from hazardous waste management activities. Under the standards, air emission controls must be used for tanks, surface impoundments, and containers in which hazardous waste is placed on or after June 5, 1995, except under the certain conditions discussed in the rule. Air emission control requirements are also added to die RCRA permit terms and provisions specified for RCRA miscellaneous units. Finally, this action establishes a new EPA reference test method to determine the organic vapor pressure of a waste. "Louisiana; Rnal Authorization of State Hazardous Waste Management Program Revisions" December 23,1994 (59 EB 66200) EPA intends to approve revisions to Louisiana's hazardous waste program under RCRA. Rnal authorization will be effective March 8,1995, unless EPA publishes a prior action withdrawing this immediate final rule. Comments must be received on or before February 6,1995. CERCLA "National Priorities Ust (NPL) for Uncontrolled Hazardous Waste Sites" December 16,1994 (59 EB 65206) vv EPA announced the addition of 18 new sites to the NPL, 14 to the General Superfund Section and 4 to the Federal Facilities Section. The entire NPL is printed This rule is effective January 17,1995. PROPOSED RULES RCRA "hazardous Waste Management; Identification and Listing of Hazardous Wastes" December 22,1994 (59 £B 66072) EPA proposed to list as hazardous waste under RCRA, Subtitle C, five wastes generated during the production of dyes and pigments. The Agency declined to list six other wastes from the dye and pigment industry, and deferred listing of three other wastes. The Agency also proposed to designate as CERCLA Hazardous Substances the wastes proposed for listing, without taking action to revise the statutory one-pound Re portable Quantity. Comments must be received on or before March 22,1995. Comments received after that date will be marked "late" and may not be considered. Requests for a public hearing on this issue must be received on or before January 5,1995. ------- Federal Registers December 1994 "Hazardous Waste Management; Slag Residues Derived from High Temperature Metal Recovery (HTMR) Treatment of K061, K062, and F006 Wastes" December 29,1994 (59 EB 67256) EPA proposed to allow materials resulting fipom the treatment of certain hazardous wastes to be used as product in road construction and as anti-skidding or deicing material on road surfaces. These materials are residues, or slags, generated from the treatment of pollution control dusts resulting from scrap metal recycling. This action would designate these treated materials as nonhazardous and allow the above uses, but only if the toxic metals in the waste have been reduced to safe levels by treatment EPA will accept public comments on this rule no later than February 13,1995. CERCLA "National Priorities List; Kenmark Textiles Printing Corporation" December 15,1994 (59 ES 64644) EPA announced its intent to delete the Kenmark Textiles Printing Corporation, located in New York, from the NPL, EPA and the State of New York determined that no furdier eleanup under CERCLA is appropriate and that remedial actions at the site have been protective of public health, welfare, and the environment Comments concerning the site may be submitted on or before January 17,1995. TSCA "Disposal of Polychlorinated Biphenyls (PCBs)" December 6,1994 (59 EB 62788) EPA proposed to amend requirements for PCB concentration levels and procedures; as well as reporting and rccodkeeping requirements for PCBs, PCB items, environmental media contaminated with PCBs, or PCBs in association with radioactive materials Additionally, the Agency proposed to insert new references and definitions, include new authorizations and, exemptions, require the registration of certain electrical transformers, regulate combustion in industrial furnaces, govern the disposal of liquids in landfills, coordinate PCB disposal approvals with other federal and state programs, and revise the reportable quantity in the siull cleanup policy. Finally, EPA proposed methods to coordinate strategies for the remediation of PCB contamination with cleanup provisions under RCRA and CERCLA. Written comments on this proposed rule must be received on or before April 6,1995. NOTICES RCRA "Availability of Document" December 14,1994 (59 £fi 64407) EPA announced the availability of the document Characterization of Municipal Solid Waste in the United States: 1994 Update. The document contains information about the types and amounts of municipal solid waste generated, discarded, and recycled in die United States through 1993. The document is also available on the Internet "Arizona; Rnal Determination of Full Program Adequacy of State Municipal Solid Waste Permit Program" December 19,1994 (59 £E 65334) Pursuant to RCRA §4005(c)(l)(Q, EPA gave notice of a final determination approving the adequacy of Arizona's municipal solid waste landfill permit program. The effective date of this rale is December 19,1994. 12 ------- December 1994 Federal Registers NOTICES "Hazardous Waste Disposal Injection Restrictions; Petition for Exemption" December 20,1994 (59 EB 65538) EPA granted a petition submitted by Merichem Company to issue an exemption to LDR for the Class I Injection well located at Houston, Texas. EPA is satisfied that, to a reasonable degree of certainty, there will be no migration of hazardous constituents from the injection zone for as long as the waste remains hazardous. This action is effective December 2,1994. "Hazardous Waste Disposal Injection Restrictions; Petition for Exemption" December 20,1994 (59 EB 65539) EPA granted a petition submitted by BP Chemicals to reissue an exemption to LDR for the Class I Injection well located at Port Lavaca, Texas. EPA is satisfied that, to a reasonable degree of certainty, there will be no migration of hazardous constituents from the injection zone for as long as the waste remains hazardous. This action is effective iJecember 2,1994. "New Mexico; Final Determination of Full Program Adequacy of State Municipal Solid Waste Permit Program" December 23,1994 (59 EB 66306) Pursuant to RCRA §4005(c)(l)(Q, EPA gave notice of a final determination approving the adequacy of New Mexico's municipal solid waste landfill permit program. The effective date of this rule is December 23,1994. "Proposed Consent Decree; Powder River Crude Processors" December 29,1994 (59 EB 67339) A Consent Decree in United States v. Dale Valentine, etal.. was lodged with the U.S. District Court for the District of Wyoming on December 21,1994. The complaint seeks injunctive relief and civil penalties for violations of administrative orders issued by EPA under §7003 of RCRA for cleanup of the site. The decree requires the settling parties to perform certain cleanup activities at the site and assure financing of such activities, and one settler to reimburse EPA $20,000 for costs incurred in connection with the reprocessing facility near Glenrock, Wyoming, commonly known as Powder River Crude Processors or Big Muddy Oil Processors. The Department of Justice (DOJ) will receive comments for a period of 30 days from the date of publication. CERCLA "Proposed Administrative Settlement; MKY Corporation Mycalex Facility" December 5,1994 (59 E3 62398) EPA proposed to enter into an administrative settlement under CERCLA §122(h). The proposed settlement requires the settling party to reimburse EPA for response costs incurred in connection with the MKY Corporation Mycalex Facility in Andover, New Jersey. The Agency will receive comments for a period of 30 days from the date of publication. "Proposed Administrative Settlement; Eastern Diversified Site" December 6,1994 (59 EB 62728) EPA proposed to enter into a d£ minimis administrative settlement under CERCLA § 122(g). The proposed settlement requires the 65 settling parties to reimburse EPA for response costs incurred in connection with the Eastern Diversified Site in Hometown, Pennsylvania. The Agency will receive comments for a period of 30 days from the date of publication. ------- Federal Registers December 1994 NOTICES "Proposed Consent Decree; Niagara County Refuse Site'* December 6,1994 (59 EB 62748) A Consent Decree in United Stales v. Booth Oil Co.. Inc. was lodged with die U.S. District Court for the Western District of New York on November 21,1994. The proposed settlement requires the settling parties to perform certain remedial activities and reimburse the United States $72,000 for response costs incurred in connection with die Niagara County Refuse Site in Niagara County, New York. DOJ will receive comments for a period of 30 days from the date of publication. "Proposed Consent Decree; Tibbetts Road Site- December 6,1994 (59 EB 62749) A Consent Decree in United States, et al. v. Ford Motor Company was lodged with the U.S. District Court for the District of New Hampshire on November 8,1994. The proposed settlement requires die settling party to reimburse EPA and the State of New Hampshire for response costs incurred in connection with the Tibbetts Road Site in Barrington, New Hampshire. The settling party must also perform remediation at the site as well as pay $480,000 plus 75% of the ongoing cost of purifying contaminated groundwater to the Swains Lake Village Water District DOJ will receive comments for a period of 30 days from the date of publication. "Proposed Consent Decree; Various Settlement Properties" December 6,1994 (59 EB 62749) A Consent Decree in United States, et al. v. Port ofTacoma was lodged with the U.S. District Court for the Western District of Washington on November 21,1994. The proposed settlement requires the settlkg party to reimburse the United States for response costs incurred in connection with six parcels of property which will be transferred from the Port of Tacoma to the United States to hold in trust for the Puyallup Tribe of Indians. DOJ will receive comments for a period of 30 days from the date of publication. "Proposed Consent Decree; Hollingsworth Solderies^ Terminal Company" December 9,1994 (59 Efi 63820) A Consent Decree in In re Hollingsworth Solderless Terminal Company was lodged with the U.S. District Court for the Eastern District of Pennsylvania on November 16,1994. The proposed settlement requires the settling party to reimburse the Hazardous Substance Superfund $150,000 for response costs incurred in connection with the Hollingsworth Suideriess Terminal Company Site in Fort Lauderdale, Florida. The settler must pay 55% of the net proceeds of the sate of die facility (Plant 1) to EPA. DOJ will receive comments for a period of 30 days from the date of publication. "Proposed Administrative Settlement; Poplar Drive Drum Dump Site" December 14,1994 (59 EB 64407) EPA proposed to enter into an administrative settlement under CERCLA §122(h). The proposed settlement requires the settling party to reimburse EPA for response costs incurred in connection with the Poplar Drive Drum Dump S i te located in Elizabeth City, Pasquotank County, North Carolina. The Agency will receive comments for a period of 30 days from the date of publication. 14 ------- December 1994 Federal Registers NOTICES "Proposed Consent Decree and Bankruptcy Stipulation; Forest Waste Products" December 15,1994 (59 EB 64699) A Consent Decree in United States v. Agrico Chemical Co.. Inc.. et al.. was lodged with the U.S. District Court for the Eastern District of Michigan on November 30,1994, and a proposed Stipulation in In re: Bond Corporation North America. etaL. was lodged on December 2, 1994, with die United States Bankruptcy Court for the Southern District of New York. The proposed Consent Decree requires the settling parties to perform certain remedial activities and reimburse the United States $5,000,000 for response costs plus future response costs incurred in connection with the Forest Waste Products Site located in Forest Township, Genessee County, Michigan. DOJ will receive comments for a period of 30 days from the date of publication. "Proposed Consent Decree; Florida Steel Site" December 15,1994 (59 £B 64699) A Consent Decree in United States v. Florida Steel Corporation was lodged with the U.S. District Court for the Southern District of Honda on November 21,1994. The proposed Consent Decree addresses Operable Unit Two of the site, and requires the settling parties to perform certain remedial activities and reimburse die United States $1,200,000 for response costs incurred in connection widi Operable Unit Two of die Florida Steel Site located near Indiantown, Florida. DOJ will receive comments for a period of 30 days from die date of publication. "Proposed Consent Decree; Saegertown Industrial Area" December 15,1994 (59 EB 64700) f A Consent Decree in United States v. GATX Corporation and General American Transportation Corporation was lodged witii die U.S. District Court for die Western District of Pennsylvania on November 15,1994. The proposed Consent Decree requires die settling parties to perform certain remedial activities and reimburse die United States for response costs incurred in connection with die Saegertown Industrial Area Site located in Saegertown, Crawford County, Pennsylvania. The defendants must also reimburse die United States for natural resource damages. DOJ will receive comments for a period of 30 days from die date of publication. "Proposed Consent Decree; American Barrel Site" December 15,1994 (59 EB 64700) A Consent Decree in United States v. PacifiCorp d/b/a Utah Power & Light Company was lodged widi die U.S. District Court for die District of Utah on December 2,1994. The proposed Consent Decree requires die settling parties to perform die remedial activities selected by EPA for die American Barrel Site located in Salt Lake City, Utah. DOJ will receive comments for a period of 30 days from die date of publication. "Proposed Consent Decree; Alaskan Battery Enterprises Site" December 16,1994 (59 EB 65069) A Consent Decree in United States v. Alaskan Battery Enterprises. Inc. was lodged widi die U S District Court for the District of Alaska on November 22,1994. The proposed Consent 15 ------- Federal Registers December 1994 NOTICES Decree requires the settling parties to reimburse the United States $749,303 for response costs, plus the prejudgement interest accruing on that amount from November 1,1992, through the date of payment, incurred in connection with the Alaskan Battery Enterprises Site located in Fairbanks, Alaska. DOJ will receive comments for a period of 30 days from the date of publication. "Proposed Consent Decree; Reilly Tar & Chemical Site" December 16,1994 (59 EH 65070) A Consent Decree in United States v. Reilly Industries. Inc. was lodged with the U.S. District Court for the Southern District of Indiana on December 2,1994. The proposed Consent Decree requires the settling parties to perform certain remedial activities and reimburse the United States $227,000 for response costs incurred in connection with the Reilly Tar and Chemical site located in Indianapolis, Indiana. DOJ will receive comments for a period of 30 days from the date of publication. "Proposed Consent Decree; Smuggler Mountain Site" December 16,1994 (59 £B 65070) A Consent Decree in United States v. Smuggler-Durant Mining Corporation, et al.. was lodged with the U.S. District Court for the District of Colorado on October 31,1994. The proposed Consent Decree requires the settling party to enforce EPA-selected institutional controls and perform certain remedial activities at the Smuggler Mountain Site located in and adjacent to Aspen, Colorado. DOJ will receive comments for a period of 30 days from the date of publication. "Proposed Settlement Agreement; Doepke-Holliday and Operating Industries Sites" December 16,1994 (59 EH 65071) ' A Settlement Agreement in In re: Trans World Airlines. Inc. was lodged with the U.S. Bankruptcy Court for the District of Delaware on November 17,1994. The proposed Agreement requires the settling party to reimburse the United States $300,000 for past and future activities at the Doepke-Holliday Site located in Johnson City, Kansas, and the Operating Industries Site located in Los Angeles County, California. DOJ will receive comments for a period of 30 days from the date of publication. "Proposed Consent Decree; Reeves Southeastern Corporation" December 19,1994 (59 EB 65387) A Consent Decree in United Stags v. Reeves Southeastern Corporation was lodged with the U.S. District Court for the Middle District of Florida, Tampa Division, on November 2,1994. The proposed Consent Decree requires the settling parties to perform certain remedial activities and reimburse the United States $297,759 for past response costs, as well as pay for all future response costs incurred in connection with the Reeves Southeastern Corporation located in Tampa, Florida. The defendant will also perform the selected remedial actions at the site. DOJ will receive comments for a period of 30 days from the date of publication. 16 ------- December 1994 Federal Registers NOTICES "Proposed Consent Decree; Tacoma Channel Site" December 19,1994 (59 £B 65387) A Consent Decree in United States v. The Boeing Company was lodged with the U.S. District Court for the Western District of Washington on December 6,1994. The proposed Consent Decree requires the settling parties to pay $2.3 million to the Hazardous Substance Superfund, and settles a counter-claim by requiring the United States to contribute $7.7 million to the Superfund. The Consent Decree resolves claims in association with the Tacoma Channel/Well 12A/Time Oil Site located in Tacoma, Washington. DOJ will receive comments for a period of 30 days from the date of publication. "Proposed Administrative Settlement; Old City of York Landfill" December 21,1994 (59 £g 65769) EPA proposed to enter into a d£ minimis administrative settlement under CERCLA § 122(g). The proposed settlement requires the 11 settling parties to reimburse EPA $819,140.48 for response costs incurred in connection with the Old City of York Landfill Site located in York County, Pennsylvania. The Agency will receive comments for a period of 30 days from the date of publication. "Proposed Consent Decree; Chemplex Site- December 21,1994 (59 £R 65789) Two Consent Decrees in United States v. ACC Chemical Corporation, et aL. were lodged with the U.S. District Court for the Southern District of Iowa, Davenport Division, on December 7, 1994. The proposed Consent Decrees require the settling parties to perform certain remedial activities and reimburse EPA for past response costs incurred in connection with the Chemplex Site located near Clinton, Iowa. DOJ will receive written comments for a period of 30 days from the date of publication. "Proposed Administrative Settlement; Petrochem Recycling Corp. Site" December 27,1994 (59 £B 66536) vv EPA proposed to enter into two de minimis administrative settlements under CERCLA § 122(g). The first proposed settlement requires the 15 settling parties to reimburse EPA $231,922.08 for response costs incurred in connection with the Petrochem Recycling Corp. Site located in Salt Lake City, Utah. The second settlement requires 22 settlers to pay $357,111 for response costs taken at the same site. The Agency will receive comments for a period of 30 days from the date of publication. "Proposed Consent Decree; Carolina Chemicals, Inc. Site" December 27,1994 (59 EB 66557) A Consent Decree in United States v. Carolina Chemicals. Inc. was lodged with the U.S. District Court for the District of South Carolina, Columbia Division on December 14,1994. The . proposed settlement requires the settling parties to reimburse the United States $5,631,000 for response costs incurred in connection with the Carolina Chemicals, Inc. Site in West Columbia, South Carolina. DOJ will receive comments for a period of 30 days from the date of publication. ------- Federal Registers December 1994 NOTICES "Proposed Consent Decree; Harbor Island Site" December 27,1994 (59 EB 66557) A Consent Decree in United States v. Lockheed Corp. was lodged with the U.S. District Court for the Western District of Washington on December 8,1994. The proposed settlement requires the settling parties to perform certain remedial activities and reimburse the United States $3,000,000 for response costs incurred in connection with die Harbor Island Site in Seattle, Washington. DOJ will receive comments for a period of 30 days from the date of publication. "Availability of Document" December 30,1994 (59 JFQ 67706) EPA announced the availability of a Draft Soil Screening guidance. The guidance presents a framework for developing soil screening levels and includes simple equations in addition to generic levels. The guidance is presented in a fact sheet and s»noorted by a Technical Background Document The Agency is also making an Issues Document available, which reviews comments already received through outreach discussions. Comments will be accepted until March 1,1995. Comments received after this date will be considered to the extent feasible. EPCRA "Science Advisory Board; Public Meetings" December 14,1994 (59 EB 64404) EPA announced that die Toxics Reporting Subcommittee of die Ecological Processes and Effects Committee of die Science Advisory Board will conduct a meeting on January 4, 1995, in Arlington, Virginia. The subcommittee will review technical information from EPA and die public commenters related to die toxicity of ammonia and die criteria for listing ammonia compounds on die Toxics Release Inventory under EPCRA §313. The Science Advisory Board will receive written comments on or before December 19,1994. Environmental Justice "National Environmental Justice Advisory Council; Public Meetings" December 27,1994 (59 EB 66534) EPA announced that open meetings of die National Environmental Justice Advisory Council and four subcommittees will be held in Hemdon, Virginia, on January 17 through January 19,1995. 18 ------- CALL ANALYSES CALLS ANSWERED BY HOTLINE December Daily Volume* 300 EPCRAand Superfund 1256789 12 13 14 15 16 19 20 21 22 23 27 28 29 30 Day Year to Date* RCRA/UST January- February March April May June July August September October November December Month 5.843 5,069 6.059 4,535 4.802 6.324 4.565 5.257 4,729 4,796 4,762 4.935 Cumulative 5.843 10.912 16.971 21,506 26.308 32.632 37.197 42454 47.183 51,797 56,559 61.494 EPCRA and Superfund January February March April May June July August September October November December Month 4,418 6,835 7.203 6.114 7.944 8.414 3946 39O6 3,863 4,245 4,292 2.600 Cumulative 4.418 11,253 18.456 24.570 32.514 40,928 44874 48.780 52.643 56.838 61.180 S3 780 Documents (All Prcoram Areas) January February March April Mav June Julv Auoust September October November December Month 4.050 4,095 4.081 3,203 3,800 4.915 4246 4.913 4,407 3,993 3,736 3,229 Cumulative 4.050 8,145 12.226 15,429 19.229 24.144 28390 33.303 37,710 41,703 45,439 48,668 •All calls answered by the Call Management System, the Meat4«r « -u •.<•> *J Une, and the Document Retrieval Line. ------- Call Analyses December1994 QUESTIONS ANSWERED BY TYPE December Daily Volume* Regulatory e o O "o i 3 8 9 12 13 14 15 16 19 20 21 22 23 27 28 29 30 Year to Date* Regulatory January February March April May June July August September October November December Month 12,042 12.609 15947 13,686 15.514 19,335 11,280 11,393 11,241 11,075 11,176 10,126 Cumulative 12,042 24.651 40598 54,284 69.798 89,133 100,413 111,806 123,047 134,122 145,298 155,424 Document January February March April May June July August September October November December Month 4,353 4.528 4.789 3,931 4.346 5,404 4,561 5.093 4,561 4,275 3,960 3,654 Cumulative 4,353 8.881 13,670 17.601 21.947 27.351 31.912 37.005 41.566 45.841 49.801 S3.4S5 Referral/Transfer January February March April May June July August September October November December Month 768 1,288 1.954 1,482 1,763 1,669 1,231 1,508 1,442 1,310 1,314 1,109 Cumulative 768 2.056 4.010 5,492 7,255 8,924 10,155 11.663 13,105 14,415 15,729 16,838 * All questions answered by the Call Management System, the Mesu«< * single call may include multiple questions combined with-docunw"1 • - «j Line, and the Document Retrieval Line. A 20 ------- December 1994 Call Analyses QUESTIONS ANSWERED BY PROGRAM AREA December1994* UST 6% (783) 'Based on 13,780 questions and excludes 1,109 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 October November December 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) 60% (9,278) 59% (8,846) 61% (8,454) 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) 53% (94,909) 53% (103,755) 54% (112,209) UST Month 4% (668) 5% (831) 5% (993) 5% (857) 4% (791) 4% (932) 6% (917) 6% (1.018) 7% (1,083) 5% (698) 5% (821) 6% (783) 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) 5% (8,788) 5% (9,609) 5% (10,392) EPCRA Month 25% (4,100) 29% (4,923) 27% „ (5,588) 31% (5.509) 37% (7,386) 45% (11.042) 27% (4.312) 21% (3532) 20% (3.196) 22% (3.430) 24% (3633) ?i% 2892) Cumulative 25% '* 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) 29% (53,018) 29% (56,651) 28% (59,543) 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) 13% (1,944) 12% (1,836) 12% (1,651) 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) 13% (23,238) 13% (25,074) 13% (26,725) ------- Call Analyses December 1994 ~ CALLER PROFILE RCRA/UST Hotline Regulated Community 5,195 Citizens 188 State & Local Govt/Native American 244 Federal Agencies 115 Educational Institutions 116 EPA 84 Media 10 Interest Groups 16 Congress * 3 International 6 Other 67 Referrals* 316 Transfers to EPCRA/Superfund Hotline* 215 Document Retrieval Line* 122 Message Retrieval Line* 337 TOTAL Citizens State & Local Govt/ 3% Native American 4% All Others 5% 7,034 Federal Agencies 2% Regulated Community * No caller profile data available. 22 ------- December 1994 Call Analyses Emergency Planning and Community Rlght-to-Know Act/ Superfund Hotline Manufacturers Food/Tobacco 29 Textiles 20 Apparel 3 Lumber & Wood 9 Furniture 10 Paper 12 Printing & Publishing 24 Chemicals 201 Petroleum & Coal 52 Rubber and Plastics 40 Leather 12 Stone, Clay & Glass 23 Primary Metals 56 Fabricated Metals • 64 Machinery (Excluding Electrical) 29 Electrical&Electronic Equipment 44 Transportation Equipment 42 Instruments 30 Misc. Manufacturing 112 Subtotal 812 Consultants/Engineers 1,362 Attorneys 261 Citizens 156 Public Interest Groups 21 Educational Institutions 86 EPA 69 Federal Agencies 91 GOCOs 2 Congress 1 State Officials/SERCs , 58 Local Officials/LEPCs * 57 Fire Departments 16 Hospitals/Laboratories 20 Trade Associations 8 Union/Labor 2 Farmers 9 Distributors 14 Insurance Companies 10 Media/Press 8 Native Americans 0 International 3 Other 87 Referrals* 223 Transfers to RCRA/UST Hotline* 255 Document Retrieval Line* 24 Message Retrieval Line* 75 TOTAL 3,730 Attorneys 8% All Others 18% Consultants/ Engineers 43% * No caller profile data available. Manufacturers 26% 23 ------- Call Analyses December 1994 HOTLINE TOPICS RCRA Special Wastes Ash 6 Mining Wastes, Bevill 17 Medical Wastes 126 Oil and Gas 10 Subtitle C (General) 550 Hazardous Waste Id. (General) 1,671* Toxicity Characteristic 51 Wood Preserving 6 Listing of Used Oil 70 Ruff 1 Radioactive Mixed Waste 30 Delisting Petitions 19 Hazardous Waste Recycling 192* Generators 506* Small Quantity Generators 127 Transportation/Transporters 58 TSDFs General 431 TSDFs Siting Facilities 7 TSDFs Capacity 14 TSDFs Treatment 65 TSDFs Burning 92 TSDFs Storage 63 TSDFs Disposal 54 ' and Disposal Restrictions 7601 Permits and Permitting 142 Corrective Action 241 Financial Liability/Enforcement 122 Test Methods 96 Health Effects 8 Waste MinJPollution Prevention 2911 State Programs 76 Hazardous Waste Data 43 Subtitle D (General) 2771 Household Hazardous Waste 128 Siting Facilities 15 Combustion 11 Industrial Waste 10 Composting 9 Source Reduction/Poll. Prev. 38 Grants & Financing 3 Procurement (General) 23 Building Insulation 4 Cement & Products with Fly Ash 4 Paper & Paper Products 5 Re-refined Lubricating Oil 4 Retread Tires 4 Solid Waste Recycling (General) 2431 Aluminum '* *" 13 Batteries 19 Glass 6 Paper 4 Plastics , 12 Tires ' 29 Used Oil 175 Markets (General) 10 Aluminum 1 Batteries 0 Compost 1 Glass , 0 Paper * 0 Plastics • 4 Tires 12 Used Oil 16 RCRA General 1,429 TOTAL 8,454* * Includes 2,082 RCRA document requests. UST General/Misc. 1711 Applicability/Definitions 84 Regulated Substances 16 Standards for New Tank Systems 27 Tank Standards and Upgrading 88 Onerating Requirements 25 Release Detection 106 Release Reporting & Investigation 22 Corrective Action for USTs 86 Out-of-Service/Closure 39 Financial Responsibility 45 State Programs 23 Liability/Enforcement 35 LUST Trust Fund 16 TOTAL 783* * Includes 329 UST document requests. 24 i Hot topics for this month • Topics ars calculated as the summation of all questions multiple questions. «h» Hotline 4 single call may result in ------- December 1994 CaH Analyses EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW General: General Title ffl Questions 352 Trade Secrets 5 Enforcement 36 Liability/Citizen Suits 4 Training 12 Chemical-Specific Information 33 Emergency Planning (§§301-303): General 72 Notification Requirements 29 SERC/LEPC Issues 36 EHSs/TPQs 37 Risk Communication/ Hazards Analysis 23 Exemptions 9 Emergency Release Notification (§304): General 31 Notification Requirements 33 Reportable Quantities 74 CERCLA § 103 vs. SARA §304 39 ARIP/AHEDB/ERNS 6 Exemptions 8 Hazardous Chemical Reporting (§§311-312): General 56 MSDS Reporting Requirements 47 Tier 1/H Requirements 145 Thresholds 62 Hazard Categories 9 Mixtures Reporting 25 Exemptions 25 Toxic Chemical Release Inventory (§313): General Reporting Requirements Thresholds Form R Completion Supplier Notification NOTEs/NOSEs/NONs Voluntary Revisions Pollution Prevention 33/50 Public Access to Data TRI Database Petitions TRI Expansion Exemptions 126 185 120 243 61 1221 971 21 55 47 43 354 41 Special Topics: CAA§112 General •* 38 RMPs * * 65 List of Regulated Substances 22 Federal Facilities Executive Order 44 TOTAL 2,892 "Includes 717 Emergency Planning and Community Right-to-Know document requests SUPERFUND General/Misc. ^ Access & Information Gathering Administrative Record ARARs CERCUS Citizen Suits Claims Against Fund Clean-Up Costs Clean-Up Standards Community Relations Contract Lab Program (CLP) Contractor Indemnification Contracts Definitions Enforcement Federal Facilities Hazardous Substances HRS Liability Local Gov't Reimbursement Natural Resource Damages NCP Notification NPL Off Site Rule OSHA PA/SI PRPs RD/RA Reauthorization Remedial Removal Rl/FS Risk AssessTHealth Effects ROD 176 10 7 63 66 8 4 23 73 46 11 5 3 11 30 19 119 17 - 52 6 8 19 51 1381 14 6 16 22 12 9 85 33 49 51 29 1 Hot topics for this month • Topics are calculated as the summation of all questions received b» the Hotline. A single call may result in multiple questions. 25 ------- Call Analyses December 1994 RQ SACM Settlements SITE Program State Participation State Program TAGs Taxes 214* 89 16 23 4 5 6 3 Special Topics Oil Pollution Act SPCC Regulations Radiation Site Cleanup 8 13 66 TOTAL 1,651* 'Includes 526 Superfund document requests. TOTAL HOTLINE QUESTIONS, DOCUMENT REQUESTS AND REFERRALS: 14,889 1 Hot topks for this month * Topics are calculated as the summation of all questions received by tixr H uiiir.e. A single call may result in multiple questions. 26 ------- |