ffi
EPA530-R-95-002b
PB95-922 402
MONTHLY HOTLINE REPORT
February 1995
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) 5
Emergency Planning and Community Right-to-Know (EPCRA) 5
New Publications
Resource Conservation and Recovery Act (RCRA) 9
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) 10
Emergency Planning and Community Right-to-Know (EPCRA) 14
Other 15
Federal Registers
Final Rules 17
Proposed Rules 18
Notices i 19
Call Analyses
Calls Answered 27
Caller Profiles "..... 30
Hotline Topics 32
RCRA/UST, Superfund, and EPCRA
National Toll-Free Nos.: 800-424-9346 or 800-535-0202
Local: 703-412-9810
TDD National Toll-Free No.: 800-553-7672
This report is prepared and submitted in support of Contract No. 68-WO-0039.
EPA Project Officer: Carie VanHook Jasperse
U.S. Environmental Protection Agency
Washington, DC 20460
Printed on
Recycled Paper
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HOTLINE QUESTIONS AND ANSWERS
RCRA
1. Status of WWTUs/ENUs at
Generator Sites
A generator may treat hazardous waste
without a permit or interim status in an on-site
accumulation unit that is in compliance with
the regulations in §262.34 (March 24,1986;
51FR_10146,10168). If a generator chooses
to treat hazardous waste in an on-site
wastewater treatment unit or in an on-site
elementary neutralization unit, must the
generator comply with §262.34?
No. A generator treating hazardous waste
in an on-site wastewater treatment unit or in
an on-site elementary neutralization unit, need
not comply with §262.34, which is a
conditional exemption from permitting
requirements, because these units are already
exempt from certain RCRA requirements.
Specifically, wastewater treatment units and
elementary neutralization units, as defined in
§260.10, are exempt from RCRA treatment,
storage, and disposal facility (TSDF)
standards as well as from permitting standards
(§§264.1(g)(6), 265.1(c)(10), and
270.1(c)(2)(v)).
2. Corrective Action Authorities
RCRA §3004(u) requires corrective action
for all releases of hazardous waste or
hazardous constituents from solid waste
management units (SWMUs) at permitted
hazardous waste treatment, storage, and
disposal facilities (TSDFs). Is RCRA
corrective action limited to releasesfrom
SWMUs?
Any release of solid or hazardous waste
which poses a threat to health or the
environment is potentially subject to RCRA
remedial authority. To this end, RCRA
provides EPA with several distinct authorities
to require corrective action for contamination
stemming from sources other than SWMUs.
A SWMU is a discernible unit in which solid
wastes have been placed at any time,
irrespective of whether the unit was intended
for the management of solid or hazardous
wastes. This definition includes any area at a
facility at which solid wastes have been
routinely and systematically released. RCRA
§3004(u), which is specifically limited to
releases from SWMUs, is the primary
authority requiring corrective action at
permitted TSDFs. Section 3004(u) requires a
facility owner or operator to address releases
from SWMUs whenever seeking a RCRA
permit.
Many potential releases at permitted
TSDFs do not originate from SWMUs,
however, and are not subject to §3004 cleanup
requirements. For example, a one-time spill
of hazardous waste from, a vehicle traveling
across a facility is not a release from a
SWMU. For such releases not originating
from SWMUs at permitted TSDFs, and for
releases at TSDFs with permits that pre-date
HSWA and which therefore do not contain
§3004(u) provisions, EPA may choose to use
its omnibus permitting authority pursuant to
RCRA §3005(c)(3) to modify, the facility's
permit as necessary to require corrective
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Hotline Questions and Answers
February 1995
action for any potential threat to human health
or the environment. Additionally, RCRA
§3004(v), which is not limited to releases
from SWMUs, requires TSDFs to cleanup
contamination beyond the facility boundary of
a permitted TSDF.
RCRA also provides EPA with the author-
ity to issue administrative corrective action
orders or bring suit in a United States District
Court against TSDFs operating under interim
status. The interim status TSDF corrective
action order authority, provided by RCRA
§3008(h), is not limited to releases from
SWMUs or any other type of unit. EPA can
invoke §3008(h) to address any release of
hazardous waste from an interim status facil-
ity. Section 3008(h) gives EPA authority to
issue corrective action orders or bring suit for
both on-site releases at interim status facilities
and releases which have migrated beyond an
interim status facility boundary.
Finally, RCRA §7003 gives EPA broad
authority to abate hazards caused by releases
of solid or hazardous waste from any source,
including SWMUs. Specifically, §7003
provides EPA with the authority to seek
irijunctive relief in the appropriate United
States District Court, or, after notice to the
affected state, issue administrative corrective
action orders for releases from any site where
the handling, storage, treatment, transportation
or disposal of solid or hazardous waste may
pose an imminent and substantial endanger-
ment to health or the environment. Use of
§7003 is not limited to any particular type of
facility or waste unit.
3. International Agreements and
Hazardous Waste Export
Regulations
The United States is party to several
international agreements addressing
hazardous waste. RCRA §3017 allows for
international agreements to provide
alternative regulatory standards applicable to
hazardous waste exporters under §26258.
Currently, no alternative requirements have
been promulgated. When the United States
signs international environmental agreements,
what is the process for implementing any
alternative requirements?
International agreements regarding
transboundary movement of hazardous waste
establish governmental control over and
responsibility for the acts of U.S. importers
and exporters. Once agreements are executed
by the United States, EPA issues regulations
to implement them, if necessary. Without the
necessary implementing regulations, U.S.
importers and exporters are not subject to the
particular requirements of the agreement.
Currently, the United States is party to
agreements with Canada, Mexico, and
member countries of the Organization for .
Economic Cooperation and Development
(OECD). The bilateral agreements with
Canada and Mexico do not differ substantially
from EPA's current export regulations in 40
CFR Part 262, Subpart E. For this reason, the
Agency did not need to promulgate specific
regulations to implement these agreements.
EPA expects to promulgate regulations
implementing the OECD agreement which
would, among other things, expand the
requirements applicable to U.S. exporters in
the OECD context.
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February 1995
UST
4. Use of Manual Tank Gauging as
Sole Means of Release Detection for
1000 Gallon Tanks
The regulations of 40 CFR Part 280,
Subpart D require owners and operators of
new and existing underground storage tanks
(USTs) to demonstrate release detection by
using one of the methods found in §280.43(d)
through (h). Can manual tank gauging alone
be used to meet the requirements for "other
types of release detection methods" acceptable
under 40 CFR §280.43(h)?
Almost all owners and operators of USTs
must eventually meet the release detection
requirements of Part 280, Subpart D, by using
one of the methods listed in 40 CFR
§280.43(d) through (h). Section 280.43(h)(l)
allows the use of an alternative method, or a
combination of methods, to satisfy the UST
release detection requirements. These methods
must be able to detect a 0.02 gallon per hour
leak rate or a release of 150 gallons within a
month with a probability of detection of 0.95
and a probability of false alarm of 0.05.
To the Agency's knowledge, manual tank
gauging alone has not been shown to be able to
meet the performance standards in 40 CFR
Hotline Questions and Answers
§280.43(h)(l) for tanks constructed to hold
more than 1000 gallons. For smaller tanks
designed to contain 1000 gallons or less,
however, manual tank gauging has been
demonstrated to meet the perfomance standard
when conducted in accordance with the
following procedure:
1. Tank liquid measurement levels are taken
at the beginning and end of a time period
during which no liquid is added to or
removed from the tank. The appropriate
time period is listed in the chart below.
2. Level measurements are based on an
average of two consecutive stick readings
at both the beginning and end of the period.
3. The equipment used is capable of
measuring the level of product over the full
range of the tank's height to the nearest
one-eighth of an inch.
4. Testing is conducted at least once a week
and four weekly results are averaged to
obtain a monthly result. If the variation
between beginning and ending
measurements exceeds the weekly or
monthly standards in the following table, a
leak is suspected and will be subject to the
release reporting requirements of 40 CFR
Subpart E.
Tank Size
up to 550 gallons
551-1,000 gallons
(when tank diameter is 64")
55 1-1, 000 gallons
(when tank diameter is 48")
Minimum
Duration of Test
36 hours
44 hours
58 hours
Weekly Standard
(1 test)
10 gallons
9 gallons
12 gallons
Monthly Standard
(4-test average)
5 gallons
4 gallons
6 gallons
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Hotline Questions and Answers
February 1995
5. Leaking Underground Storage Tank
Trust Fund
In 1986, the Superfund Amendments and
Reauthorization Act (SARA) amended Subtitle
I ofRCRA 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 cleanup 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. 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 Fund is financed through a 0.1
cent per gallon excise tax on gasoline, diesel,
and aviation fuels, and is appropriated to EPA
by Congress. EPA distributes Fund money to
states that have signed Cooperative
Agreements with the Agency. The
Cooperative Agreements give states the
authority to use money from the Fund to
initiate corrective action at sites with leaking
petroleum USTs and specify the actions states
will take when responding to releases.
States generally 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 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 generally require responsible owners
or operators to perform and pay for corrective
action when petroleum releases are discovered.
The LUST Trust Fund is used to pay for
corrective action in, among other
circumstances, situations when a capable
owner or operator cannot be identified or when
an owner or operator refuses to comply with a
corrective action order. States have the
authority to recover corrective action costs to
replenish the Fund from a responsible party.
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 sites 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.
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February 1995
Hotline Questions and Answers
6.
CERCLA
Releases of Hazardous Substances
From NPL Sites
During the remedial action at a National
Priorities List (NPL) site, hazardous
substances are generated and placed into
containers on site. Due to a breach in a
container, the hazardous substances stored on
site are released into the environment and the
EPA Remedial Project Manager (RPM)
initiates ah immediate response. If the amount
of hazardous substance released equals or
exceeds a CERCLA reportable quantity within
a twenty-four hour period, would the National
Response Center (NRC) need to be notified?
Yes. A release from an NPL site that
occurs during cleanup activities is not exempt
from CERCLA §103 notification requirements,
and therefore must be reported to the NRC if
the release equals or exceeds the RQ.
CERCLA §103(a) requires the person in
charge of a vessel or facility to immediately
notify the NRC when a release of a hazardous
substance within a twenty-four hour period
equals or exceeds the designated RQ. Unless
the release is specifically exempted from
CERCLA §103 notification requirements, a
release of a hazardous substance which meets
these criteria must be reported to the NRC.
The reporting obligation applies even if
response to the release has already been
initiated. In the above scenario, since EPA
response teams are likely to be present at the
site, the RPM will probably have the
opportunity to determine the appropriate
federal response.
EPCRA
7. EPCRA §313 - Estimating Releases
of Mineral Acids Using pH
Measurements
Mineral acids such as hydrochloric acid
are commonly used throughout the
manufacturing sector as product ingredients,
reactants, and chemical processing aids.
Often, listed mineral acids are present in
aqueous waste streams that are neutralized on
site. If the mineral acid is neutralized on site,
EPCRA §313 requires an indication on the
Form R of the range of concentration of the
listed toxic chemical in the influent waste
stream, these concentrations are expressed in
percentages, parts per million (ppm), or parts
per billion (ppb). If the pH of a waste steam
containing a listed mineral acid is quantified,
can thepH data be used to calculate the total
mineral acid concentration in the influent
waste stream?
In cases where only one acid is present in
solution, the total mineral acid concentration
can be derived by using the pH value of the
solution and the molecular weight and
ionization constant of the acid. In order to
assist the regulated community in EPCRA
§313 reporting, EPA derived a table which lists
the total acid concentration for each listed
mineral acid at different pH values (Estimating
Releases for Mineral Acid Discharges Using
pH Measurements. June 1991). The
concentrations are expressed in pounds per
gallon (Ibs/gal) and can be converted to the
appropriate units for reporting purposes. The
concentration that must be reported is based on
the amount or mass of the toxic chemical in the
waste stream compared to the total amount or
mass of the waste stream.
For example, assume that a facility treats,
by neutralization, a waste stream containing
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Hotline Questions and Answers
February 1995
hydrochloric acid (HC1) where the pH of the
influent stream is 4. A pH of 4 corresponds to
a concentration of 0.00003 pounds of HC1 per
gallon of waste stream (Estimating Releases
for Mineral Acid Discharges Using pH
Measurements. Table 1). The amount of HC1
in the influent waste stream can be converted
using the following calculation:
Influent Waste Stream
(0.00003 Ibs/gal) x (1 gaV3.78 liters) x
(453,000 mg/1 Ib)
= 3.6 mg/1 of HC1 in the waste stream
Since mg/1 of solutions or dispersions of a
chemical in water is equivalent to ppm, 3.6
ppm of HC1 is the concentration in the influent
waste stream.
The Form R requires a range of influent
concentration, thus the facility should select
the appropriate range code and enter that value
in the "Range of Influent Concentration"
column in the On-Site Waste Treatment
Methods and Efficiency section of the Form.
8. Reporting Requirements for Natural
Gas Purification Under EPCRA §313
EPCRA §313 requires manufacturing
facilities that manufacture, process, or
otherwise use toxic chemicals above annual
thresholds to report releases, transfers, and
source reduction and recycling activities
associated with these chemicals. A covered
facility purchases natural gas that contains
EPCRA §313 toxic chemicals. The facility
uses the gas on-site to heat buildings and
power equipment. Before the natural gas is
used, the listed toxic chemicals are removed
and destroyed in a flare. The definition of
manufacturing in 40 CFR §372.3 states that,
"Manufacture also applies to a toxic chemical
that is produced coincidentally during the
manufacture, processing, use, or disposal of
another chemical or mixture of chemicals,
including a toxic chemical that is separated
from that other chemical or mixture of
chemicals as a byproduct..." Are the toxic
chemicals that are removed from the natural
gas coincidentally manufactured, and hence
subject to threshold determination under
EPCRA §313?
The removal and destruction of an EPCRA
§313 toxic chemical from a fuel before it is
used by a facility is not considered an activity
that falls under the definition of
manufacturing. Facilities that use natural gas
in production processes sometimes need to
remove impurities from the gas before it is
used. Such a facility does not coincidentally
produce toxic chemicals as byproducts, but
merely separates and removes toxic chemicals
already present in the gas. These chemicals
would not be subject to threshold
determination for reporting under EPCRA
§313, and would not be subject to release
reporting unless an activity threshold is
exceeded elsewhere at the facility. If the
facility exceeds an activity threshold
elsewhere, all releases from the impurity
removal process would be reportable.
Although these chemical impurities are
usually destroyed, they could also be captured
for further use at the facility or for sale as
products, either of which would constitute a
reportable activity under EPCRA §313.
"Processing" refers to the preparation of a
toxic chemical for distribution in commerce
(40 CFR §372.3). If the chemicals are
collected and sold as products or incorporated
into products, they are considered processed
and the amount of each chemical is applied
toward its processing threshold. "Otherwise
use" refers to any use of a toxic chemical that
is not covered by the definitions of
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February 1995 Hotline Questions and Answers
manufacture or process
(40 CFR §372.3). If the chemicals are
collected for further use at the facility, the
chemicals are considered otherwise used, and
the amount of each chemical is applied toward
its otherwise use threshold.
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NEW PUBLICATIONS
HOW TO ORDER
NTIS Publications are available by calling (703) 487-4650, or writing NTIS, 5285 Port Royal Road, Springfield,
VA 22161. Use the NTIS Order Number listed under the document.
EPA Publications are available through the Hotline. Use the EPA Order Number listed under the document.
RCRA/UST, Superfund, and EPCRA
National Toll-Free Nos.: 800-424-9346 or 800-535-0202
Local: 703-412-9810
TDD National Toil-Free No.: 800-553-7672
RCRA
TITLE: "Re-engineering RCRA for
Recycling: Report and Recommendations of
the Definition of Solid Waste Task Force"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-R-94-016
This report presents the recommendations of
the Definition of Solid Waste Task Force
which was established in October 1992 to
address concerns about the definition of solid
waste and how it affects waste recycling. The
recommendations listed in this report propose a
new recycling system that recognizes both
public and industry's needs. The document
outlines the principles of the proposed system
and the classes of recycling to which they
correspond.
TITLE: "CMA/BIF Workshop: Edited
Transcript"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-R-94-046
This document contains the transcript from the
Chemical Manufacturers Association/Boiler
and Industrial Furnace workshop. The
transcript includes discussion and a series of
questions and answers by EPA staff members
on topics such as waste analysis of feed
streams, monitoring requirements, owner/
operator inspections, recordkeeping, and
compliance testing. It also contains a list of
speakers from the workshop, and a list of EPA
combustion guidance documents.
TITLE: "Permits Improvement Team
National Stakeholder Meeting Report"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA-500-R-95-002
This report discusses the work of the Permits
Improvement Team thus far, including the
results of the National Stakeholder meetings
and the future direction of the team. The
Permits Improvement Team is EPA's primary
vehicle for promoting reform of environmental
permitting systems; it is composed of EPA
staff, and representatives from states, tribes,
and local governments. The report contains
various recommendations, focus group reports,
and summaries of presentations given by
attendees to the meetings of the Permits
Improvement Team.
TITLE: "Manufacturing from Recyclables:
24 Case Studies"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-R-95-001
This document is a compilation of case studies
which represent a sample of state-of-the art
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New Publications
February 1995
scrap-based manufacturers. The case studies
are organized alphabetically according to the
discarded material used at the facility. Each
case study consists of seven sections: company
background, feedstock or raw material the
company uses, process products and
geographical markets for them, economics of
operating a scrap-based enterprise,
replicability, and contacts at each facility who
can provide additional information.
TITLE: "Strategy Update: A Newsletter on
EPA's Hazardous Waste Minimization and
Combustion Activities"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-N-95-002
This quarterly newsletter provides information
about the Office of Solid Waste (OSW)
activities associated with EPA's Draft
Hazardous Waste Minimization and
Combustion Strategy. This edition provides a
status update on the Waste Minimization and
Combustion Strategy, and announces the
availability of the National Waste
Minimization Plan. The newsletter contains a
summary of enforcement and compliance
actions related to waste combustion, and it
outlines objectives for effective public
involvement. This document also details the
regulations that apply to fuel blenders, and
lists the EPA documents available on the
Internet.
TITLE: "Environmental Fact Sheet: EPA
Proposes Concentration-Based Treatment
Standards for Hazardous Waste Managed in
Clean Water Act Systems"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-95-002
This fact sheet summarizes the proposal
arising from the DC Circuit Court's opinion on
the Third Third Land Disposal Restriction
Standards for ignitable, corrosive, and reactive
wastes. The notice proposes concentration-
based treatment standards for underlying
hazardous constituents found in deactivated
ignitable, corrosive, reactive, and toxicity
characteristic waste managed in Clean Water
Act (CWA) and CWA-equivalent treatment
systems or injected into Underground Injection
Control (UIC) Class I nonhazardous injection
wells regulated under the Safe Drinking Water
Act.
TITLE: "EPA Finalizes Listing of Wastes
from the Production of Carbamates and Adds
58 Chemicals to the Off-Specifications Product
List"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-95-006
This fact sheet summarizes EPA's amendment
to the list of hazardous wastes generated from
specific sources to include six additional
wastes. The fact sheet also provides
information on the addition of 58 specific
materials to the list of commercial chemical
products or manufacturing chemical
intermediates that are hazardous wastes if
discarded or intended to be discarded.
CERCLA
TITLE: "The Brownfields Economic
Redevelopment Initiative"
AVAILABILITY: NTIS
NTIS ORDER NO.: PR-990
EPA is funding five new two-year
demonstration pilots for redeveloping
abandoned or underutilized and potentially
contaminated industrial or commercial lands.
EPA's Brownfields Initiative is intended to
help communities revitalize such properties,
and thereby mitigate potential health risks and
restore economic vitality to areas where they
exist. This booklet contains the application
needed to apply to be considered for
participation in the Brownfields Initiative.
10
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February 1995
New Publications
TITLE: "Quality Management Plan for the
Office of Emergency and Remedial Response"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB94-963 416
The Office of Emergency and Remedial
Response (OERR) Quality Assurance (QA)
program is applicable to all intramural and
extramural projects conducted by OERR in
conjunction with the Regional Superfund
offices and other Superfund program
participants that are involved in Environmental
Data Collection Activities (EDCAs). This
document discusses the objectives of the
program and how they are to be implemented.
TITLE: "U.S. EPA Contract Laboratory
Program: Statement of Work for Inorganic
Analysis Multi Media, High-Concentration"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-963 504
This statement of work is part of the
documentation for a contract between EPA and
a commercial laboratory performing analyses
in support of EPA Superfund Programs. It
includes the procedures for the preparation and
analysis of high concentration samples that
may or may not contain more than one phase
(i.e., water miscible, non-water miscible and
solid) for the presence and quantitation of 22
metals, cyanide, conductivity and pH.
TITLE: "Superfund Analytical Methods for
Low Concentration Water for Organics
Analysis"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-963 505
This document contains the procedures for
analyzing samples from drinking water wells
and ground water supplies. The method ,
contains reporting and deliverables
requirements, target compound list, contract
required quantitation limits and analytical
methods for volatiles, semivolatiles and
pesticides.
TITLE: "U.S. EPA Contract Laboratory
Program: Statement of Work for Inorganic
Analysis Multi Media, Multi-Concentration
ILMO 3.0"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-963 506
This statement of work is part of the
documentation for a contract between EPA and
a commercial laboratory performing analyses
in support of EPA Superfund Programs. It
includes procedures for the preparation and
analysis of aqueous (water) and solid (soil/
sediment) samples by Inductively Coupled
Plasma (ICP) and Atomic Absorption (AA)
techniques for the presence and quantitation of
indicated elements and cyanide.
TITLE: "U.S. EPA Contract Laboratory
Program: Statement of Work for Organic
Analysis Multi Media, Multi-concentration
OLMO 1.0"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-963 508
This statement of work is part of the
documentation required for contracts between
EPA and commercial laboratories performing
analyses in support of EPA Superfund
Programs. It includes analytical procedures
using the gas chromatographic/mass
spectrometer (GC/MS) and/or gas
chromatographic/extraction concentration (GC/
EC) techniques in water and soil/sediment.
These procedures are used to identify and
measure the concentration of volatile,
semivolatile, and pesticide compounds listed
on the Target Compound List. This document
includes revisions OLMU 1.1 through 1.8.
11
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New Publications
February 1995
TITLE: "U.S. EPA Contract Laboratory
Program: Statement of Work for Inorganic
Analysis Multi Media, Multi-Concentration
ILMO 1.0"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-963 515
This statement of work is part of the
documentation for a contract between EPA and
a commercial laboratory performing analyses
in support of EPA Superfund Programs. It
includes procedures for the preparation and
analysis of aqueous (water) and solid (soil/
sediment) samples by Inductively Coupled
Plasma (ICP) and Atomic Absorption (AA)
techniques for the presence and quantitation of
indicated elements and cyanide.
TITLE: "U.S. EPA Contract Laboratory
Program: Statement of Work for Inorganic
Analysis Multi Media, Multi-Concentration
SOW No. 788"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-963 516
This statement of work is part of the
documentation for a contract between EPA and
a commercial laboratory performing analyses
in support of EPA Superfund Programs. It
includes procedures for the preparation and
analysis of aqueous (water) and solid (soil/
sediment) samples by Inductively Coupled
Plasma (ICP) and Atomic Absorption (AA)
techniques for the presence and quantitation of
indicated elements and cyanide.
TITLE: "Superfund Analytical Methods for
Low Concentration Water for Organics
Analysis"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-963517
This document includes procedures for
analyzing samples from drinking water wells
and ground water supplies. The method
contains reporting and deliverables
requirements, target analyte list, contract
required detection limits and analytical
methods for metals, cyanide, and fluoride.
TITLE: "U.S. EPA Contract Laboratory
Program: National Functional Guidelines for
Organic Data Review Multi-Media, Multi-
Concentration (ILMO 1.0) and Low
Concentration Water (OLCO 1.0)"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-963 519
This document is designed to offer guidance
on EPA Contract Laboratory Program (CLP)
analytical data evaluation and review. In some
applications it may be used as a standard
operating procedure (SOP). In other, more
subjective areas, only general guidance is
offered due to the complexities and uniqueness
of data relative to specific samples. Those
areas where specific SOPS are possible are
primarily areas in which definitive
performance criteria are established. These
criteria are concerned with specifications that
are not sample dependent; they specify
performance requirements that should fully be
under a laboratory's control.
TITLE: "U.S. EPA Contract Laboratory
Program: Draft Statement of Work for Quick
Turnaround Analysis"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-963 523
The purpose of this statement of work is to
provide analytical methods and associated
quality control (QC) procedures and criteria
that will result in the rapid analysis of
hazardous waste samples and the generation of
data of known and documented quality for use
by EPA.
12
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February 1995
New Publications
TITLE: "Laboratory Data Validation
Functional Guidelines for Evaluating
Inorganics Analyses"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-963 525
This document is designed to offer guidance in
laboratory data evaluation and validation. In
some aspects, it is equivalent to a SOP. In
other, more subjective areas, only general
guidance is offered due to the complexities and
uniqueness of data relative to specific samples.
Those areas where specific SOPs are possible
are primarily areas in which definitive
performance requirements are established.
TITLE: "Laboratory Data Validation
Functional Guidelines for Evaluating Organics
Analyses"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-963 526
This document is designed to offer guidance in
laboratory data evaluation and validation. In
some aspects, it is equivalent to a SOP. In
other, more subjective areas, only general
guidance is offered due to the complexities and
uniqueness of data relative to specific samples.
Those areas where specific SOPS are possible
are primarily areas in which definitive
performance requirements are established.
TITLE: "Soil Screening Guidance"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-963 529
The Soil Screening framework represents the
first of several tools EPA plans to develop to
standardize the evaluation and cleanup of
contaminated soils. SSLs streamline the
remedial investigation/feasibility study (RI/FS)
process by accelerating and increasing
consistency in decisions concerning soil
contamination.
TITLE: "Draft Soil Screening Guidance:
Issues Document"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-963531
This document contains the substantive
discussion of various issues surrounding the
application of the Draft Soil Screening
Guidance. The draft guidance has been
developed as a tool to screen out areas of
certain Superfund Sites from further
assessment based on soil contamination levels,
thus narrowing the scope of such assessments
and expediting their completion.
TITLE: "Technical Background Document
for Soil Screening Guidance - Review Draft"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-963 532
This document contains the technical
background for the application of the Draft
Soil Screening Guidance. The draft guidance
has been developed as a tool to screen out
areas of certain Superfund Sites from further
assessment based on soil contamination levels,
thus narrowing the scope of such assessments
and expediting their completion. The Soil
Screening framework represents the first of
several tools EPA plans to develop to
standardize the evaluation and cleanup of
contaminated soils. SSLs streamline the
remedial investigation/feasibility study (RI/FS)
process by accelerating and increasing
consistency in decisions concerning soil
contamination.
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New Publications
February 1995
EPCRA
TITLE: "Toxics Release Inventory: List of
Toxic Chemicals Within the Polychlorinated
Alkanes Category and Guidance for
Reporting"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA745-R-95-001
On November 30,1994, EPA added 286
chemicals and chemical categories, which
include 39 chemicals as part of the delineated
categories, to the EPCRA §313 toxic chemical
list. EPA released this guidance document to
assist industries who manufacture, process, or
otherwise use polychlorinated alkanes in
determining EPCRA §313 reporting
requirements. This document discusses
feedstocks used in the manufacture of
polychlorinated alkanes, the chlorination of
hydrocarbons, properties and uses of
polychlorinated alkanes, and the structural
requirements for chemicals within the
polychlorinated alkanes category. Also
included are lists of some of the individual
chemicals within the polychlorinated alkanes
category and some mixtures that might contain
chemicals within this compound category.
TITLE: "Toxics Release Inventory: Guidance
for Reporting Toxic Chemicals Within the
Poly cyclic Aromatic Compounds Category"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA745-R-95-003
On November 30, 1994, EPA added 286
chemicals and chemical categories, which
include 39 chemicals as part of the delineated
categories, to the EPCRA §313 toxic chemical
list. EPA released this guidance document to
assist industries who manufacture, process, or
otherwise use polycyclic aromatic compounds
(PACs) in determining EPCRA §313 reporting
requirements. This document discusses the
formation of PACs and potential sources from
which PACs may be released. Also included
are lists of individual chemicals and mixtures
that might contain chemicals within the PACs
category.
TITLE: "Toxics Release Inventory: List of
Toxic Chemicals Within the Nicotine and Salts
Category"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA745-R-95-004
On November 30,1994, EPA added 286
chemicals and chemical categories, which
include 39 chemicals as part of the delineated
categories, to the EPCRA §313 toxic chemical
list. EPA released this guidance document to
assist industries who manufacture, process, or
otherwise use nicotine and salts in determining
EPCRA §313 reporting requirements. This
document provides a brief summary of EPCRA
§313 reporting requirements and activity
thresholds and lists of chemicals within the
nicotine and salts compound category. Also
included is a list of mixtures that fall within the
nicotine and salts category. Neither of these
lists are exhaustive.
TITLE: "Toxics Release Inventory: List of
Toxic Chemicals Within the Strychnine and
Salts Category"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA745-R-95-005
On November 30,1994, EPA added 286
chemicals and chemical categories, which
include 39 chemicals as part of the delineated
categories, to the EPCRA §313 toxic chemical
list. EPA released this guidance document to
assist industries who manufacture, process, or
otherwise use strychnine and salts in
determining EPCRA §313 reporting
requirements. This document provides a brief
summary of EPCRA §313 reporting
requirements and activity thresholds and lists
14
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February 1995
New Publications
of chemicals within the strychnine and salts
compound category. Also included is a list of
mixtures that fall within the strychnine and
salts category. Neither of these lists are
exhaustive.
TITLE: "Toxics Release Inventory:
Reporting Modifications Beginning With 1995
Reporting Year"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA745-R-95-009
Under §313 of the Emergency Planning and
Community Right-to-Know Act a list of toxic
chemicals comprised of 300 chemicals and 20
chemical categories was established for
reporting requirements. Section 313(d)
authorizes EPA to add and delete chemicals
from this list; the current list contains over 650
chemicals and chemical categories. This
document provides information to alert
facilities of recent reporting modifications that
are effective January 1, 1995. The document
discusses alternative threshold options,
expansion of the toxic chemical list, and lists
the newly added chemicals.
OTHER
TITLE: "Monthly Hotline Report"
AVAILABILITY: NTIS
NTIS ORDER NO.: See below
Yearly Subscription
January 1995
February 1995
PB95-922 400
530-R-95-002
PB95-922401
530-R-95-002a
PB95-922 402
530-R-95-002b
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.
15
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16
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FEDERAL REGISTERS
FINAL RULES
RCRA
"Determination of Point of Generation
for Municipal Waste Combustion Ash
at Waste to Energy Facilities"
February 3,1995 (60 FR 6666)
The Supreme Court, in City of Chicago v.
Environmental Defense Fund. Inc.. held on
May 2,1994, that ash generated by municipal
waste to energy facilities is subject to regulation
under RCRA Subtitle C. Typically, fly ash, the
ash that collects in the air pollution control
devices, is more likely to exhibit the toxicity
characteristic than either bottom ash, or
combinations of fly ash and bottom ash. Neither
the Supreme Court's decision on ash nor any of
EPA's previous policies address the point at
which the facility owner must determine
whether the ash exhibits the toxicity
characteristic. The Agency is therefore
clarifying that the point of Subtitle C jurisdiction
for this ash is at the exit of the combustion
building following the combination and air
pollution control processes. This rule is
effective February 3,1995.
"Regulatory Determination on Cement
Kiln Dust"
February 7,1995 (60 FR 7366)
When Congress enacted RCRA, it identified
six categories of waste that were believed to
pose less risk to human health and the
environment Cement kiln dust (CKD) and the
other special wastes were excluded from
regulation under RCRA §3001 pending further
study. A Report to Congress required by
§8002(o) was signed by the Administrator on
December 30,1994. Based on this report, the
Agency determined that additional regulation of
CKD is warranted. EPA intends to use its
various authorities under the Clean Air Act,
Clean Water Act, and RCRA to address the
relevant pathways of potential contaminant
releases from CKD. Under Subtitle C of RCRA,
the Agency will develop a set of standards for
CKD to control releases to groundwater. Until
this set of standards is published by the Agency,
however, CKD will retain the Bevill exemption.
UST
"Arkansas; Final Approval of State
Underground Storage Tank Program"
February 24,1995 (60 FR 10331)
EPA has made the tentative decision that
Arkansas' application for final approval of its
underground storage tank program under
Subtitle I of RCRA satisfies all of the
requirements necessary to qualify for final
approval. As a consequence, EPA intends to
grant final approval to the state to operate its
program in lieu of the federal program unless
public comment shows the need for further
review. Final authorization for the program shall
be effective at 1:00 p.m. on April 25,1995,
unless EPA publishes a prior Federal Register
action withdrawing this final rule. Comments on
Arkansas' final authorization must be received
on or before March 27,1995.
17
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Federal Registers
February 1995
RCRA/CERCLA
"Hazardous Waste Identification and
Listing; Carbamate Production"
February 9,1995 (60 FR 7824)
EPA is finalizing its March 1,1994 (59 ER
9808), proposed rule to list as hazardous six
wastes generated during the production of
carbamate chemicals. Further, the Agency is
also adding 58 chemicals to the list of
commercial chemical products in §261.33. This
action also adds these newly listed chemicals to
the CERCLA list of hazardous substances in
§302.4. EPA is deferring action on 12 specific
chemicals and four generic categories and
providing an exemption from the definition of
hazardous waste under RCRA for certain wastes,
if the generator demonstrates that hazardous air
pollutants are not being discharged or volatilized
during waste treatment. Finally, the Agency is
also exempting from the definition of hazardous
wastes biological treatment sludges generated
from the treatment of certain wastes provided the
sludges do not display any of the characteristics
of a hazardous waste. This rule is effective on
August 9,1995.
CERCLA
"National Priorities List; Boise Cascade/
Onan Corp^Medtronics, Inc."
February 15,1995 (60 FR. 8570)
•
EPA announced the deletion of the Boise
Cascade/Onan Corp./Medtronics, Inc. Site in
Minnesota, from the National Priorities List.
The Agency published a notice of its intent to
delete the site on October 26,1994 (59 FR
53773). EPA and the State of Minnesota
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. The
effective date of this action is February 15,1995.
"National Priorities List; Olmstead
County Sanitary Landfill"
February 15,1995 (60 FR 8570)
EPA announced the deletion of the Olmstead
County Sanitary Landfill Site in Minnesota,
from the National Priorities List The Agency
publi shed a notice of its intent to delete the site
on October 13,1994 (59 FR 51933). EPA and
the State of Minnesota 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 The effective date of this action is
February 15,1995.
EPCRA
"Toxic Chemical Release Reporting;
Butyl Benzyl Phthalate"
February 17,1995 (60 FR 9299)
EPA granted a petition to delete butyl benzyl
phthalate (BBP) from the list of toxic chemicals
under EPCRA §313. The rule is effective on
February 17,1995, and relieves facilities of their
obligation to report releases of BBP beginning
with the 1994 reporting year.
PROPOSED RULES
RCRA
"Identification and Listing of Hazardous
Waste; Proposed Extension"
February 1,1995 (60 FR 6054)
EPA is proposing to grant a petition submitted
under §260.22 by the U.S. Department of
Energy, Richland, Washington. If the proposed
decision is finalized, certain solid wastes
generated at the Hanford facility will be
conditionally excluded from regulation under
Subtitle C of RCRA. The Agency is also
18
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February 1995
Federal Registers
proposing the use of a fate and transport model to
evaluate the potential impact of the petitioned
waste on human health and the environment,
based on the waste-specific information provided
by the petitioner. Comments must be submitted
on or before March 3,1995.
CERCLA
"National Priorities List; Wilson's
Concepts Superfund Site"
February 10,1995 (60 FR 7934)
EPA Region IV announced its intent to delete
the Wilson's Concepts Superfund Site, located in
Pompano Beach, Florida, from the National
Priorities List. EPA and the State of Florida
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 envirpnment. Comments
concerning the site may be submitted on or
before March 13,1995.
"National Priorities List for Uncontrolled
Hazardous Waste Sites"
February 13,1995 (60 FR 8212)
EPA proposed to add seven new sites to the
general section of the National Priorities List
(NPL) and two new sites to the federal facilities
section. Comments must be submitted on or
before April 14,1995.
"National Priorities List; Cemetery Dump
Site-
February 15,1995 (60 FR. 8616)
EPA announced its intent to delete the
Cemetery Dump Site, located in Rose Township,
Michigan, from the National Priorities List. EPA
and the State of Michigan 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 concerning the site
may be submitted on or before March 17,1995.
NOTICES
RCRA
"Wyoming; Partial Program Adequacy
Determination of the Municipal Solid
Waste Permit Program"
February 1,1995 (60 FR 6088)
Pursuant to RCRA §4005(c)(l)(C), EPA gave
notice of a tentative determination, public
hearing, and public comment period concerning
the adequacy of Wyoming's municipal solid
waste landfill permit program. The public
hearing is tentatively scheduled for March 13,
1995. Comments must be submitted on or before
March 13,1995.
"Identification and Listing of Hazardous
Waste; Dye and Pigment Industries;
Public Hearing-
February 8,1995 (60 FJR 7513)
EPA announced that it will hold a public
hearing on the December 22,1994 (59 FR
66072), proposed rule concerning wastes
generated by the dye and pigment industries.
This rule proposed to list as hazardous five
wastes generated during the production of dyes
and pigments, proposed not to list six other
wastes from these industries, and proposed to
defer action on three wastes due to insufficient
information. The public hearings will be held on
March 15,1995, in Washington, DC. Requests
to make oral statements at the meeting must be
submitted on or before March 1,1995.
19
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Federal Registers
February 1995
NOTICES
"Hazardous Waste Management System; "Proposed Consent Decree; Taylor
Land Disposal Restrictions" Lumber & Treating, Inc."
February 8,1995 (60 FR 7536) February 22,1995 (60 £B 9860)
EPA is approving the application submitted by
Great Lakes Chemical Corporation requesting an
extension of the June 30,1994, effective date of
the RCRA land disposal restrictions treatment
standards applicable to Kl 17, Kl 18, K131,
K132, and F039. Great Lakes Chemical
Company will therefore be able to land dispose
of these wastes without being subject to the land
disposal restrictions until June 30,1995. The
approval of this extension is effective January 31,
1995.
"Hazardous Waste Management System;
Land Disposal Restrictions"
February 14,1995 (60 F_B 8378)
EPA proposes to grant a modification to the
exemption from the ban on disposal of certain
hazardous wastes through injection wells to
Chemical Waste Management (CWM) for its site
at Vickery, Ohio. If granted, this modification
would allow CWM to inject regulated wastes
beyond the effective date of a ban on such
injection. Comments must be received on or
before March 31,1995.
"New Hampshire; Final Determination of
Full Program Adequacy of State
Municipal Solid Waste Permit Program"
February 14,1995 (60 FR 8384)
Pursuant to RCRA §4005(c)(l)(C), EPA gave
notice of a final determination approving the
adequacy of New Hampshire's municipal solid
waste landfill permit program. The effective date
of this rule is February 14,1995.
A Consent Decree in United States v. Taylor
Lumber & Treating. Inc. was lodged with the
U.S. District Court for the District of Oregon, on
February 8,1995. Pursuant to RCRA §§3008(a),
(g), and (h), EPA filed a complaint against the
defendant for alleged violations associated with
owning and operating a hazardous waste land
disposal facility without a permit or interim
status. Under the proposed Consent Decree, the
settling party will complete closure of a concrete
vault in which hazardous waste was disposed,
conduct a RCRA Facility Investigation and
perform corrective action at its facility. In
addition, the settling party will pay a civil penalty
of $70,000 for the violations associated with the
concrete vault. DOJ will receive comments for a
period of 30 days from the date of publication.
"Hazardous Waste Management System;
Identification and Listing of Hazardous
Waste"
February 23,1995 (60 FR. 10052)
EPA is extending the comment period on its
December 29,1994 (59 F£ 67256), proposal to
conditionally allow residual materials from the
high temperature metal recovery treatment of
specified hazardous wastes to be used in road
construction and as an anti-skid/deicing material
on road surfaces. The public comment period for
the proposed rule was originally scheduled to end
February 13,1995. The Agency has extended its
comment period until April 14,1995.
20
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February 1995
Federal Registers
NOTICES
"Chemical Manufacturing Association/
EPA Boilers and Industrial Furnaces
Workshop Edited Transcript; Notice of
Availability"
February 27,1995 (60 FR.10587)
EPA announced the availability of an edited
transcript of the Boiler and Industrial Furnace
(BIF) Rule and Compliance Workshop presented
by EPA for members of the Chemical
Manufacturing Association (CMA) in March
1994. The edited transcript contains clarification
of and guidance on the existing BIF regulations.
The transcript will be available to the public on or
after March 1995.
RCRA/CERCLA
"Hazardous Waste Site Characterization;
Vendor Field Analytical and
Characterization Technologies System"
February 21,1995 (60 FR 9685)
EPA invites vendors of innovative monitoring
and measurement technologies for hazardous
waste site characterization to participate in the
Vendor Field Analytical and Characterization
Technologies System (Vendor FACTS). The
Office of Research and Development and the
Technology Innovation Office of OSWER are
developing Vendor FACTS to disseminate
information on innovative techniques for site
characterization and to promote the use of cost
effective methods for on-site monitoring and
measurement. EPA intends to provide Vendor
FACTS to the public free of charge, and
anticipates version 1.0 to be released in the third
quarter of 1995. Vendors wishing to apply for
inclusion in the database should submit a Vendor
Information Form (VIF) to EPA on or before
April 30,1995.
CERCLA
"Proposed Consent Decree; Miami
County Incinerator and Landfill Site"
February 1,1995 (60 FR 6292)
A Consent Decree in United States v. Container
Corporation of America was lodged with the U.S.
District Court for the Southern District of Ohio
on January 17,1995. The proposed settlement
requires the settling parties to pay $3.1 million to
the Hazardous Substances Superfund to resolve
claims for past response costs and future
oversight costs incurred in connection with the
Miami County Incinerator and Landfill Site in
Troy, Ohio. DOJ will receive comments for a
period of 30 days from the date of publication.
"Natural Resource Damage
Assessments: Type A Procedure for
Great Lakes Environment"
February 7,1995 (60 F_B 7154)
The Department of Interior (DOI) is extending
its comment period on its August 8,1994 (59 FR
40319), proposed revisions to the "type A"
procedures for assessing damages from relatively
minor discharges or releases in the Great Lakes
to make it coextensive with the comment period
for a similar proposed "type A" procedure for
coastal and marine environments. Comments
must be submitted on or before July 6,1995.
"Natural Resource Damage
Assessments: Type A Procedures for
Coastal and Marine Environments"
February 7,1995 (60 FB 7155)
The Department of Interior (DOI) is extending
the comment period on its December 8,1994 (59
FR 63300), proposal to simplify the "type A"
procedure for assessing damages from relatively
21
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Federal Registers
February 1995
NOTICES
minor discharges or releases in coastal and
marine environments. Comments must be
submitted on or before July 6,1995.
"Proposed Administrative Settlement;
Peak Oil Superfund Site"
February 7,1995 (60 £B 7198)
EPA proposed to enter into a de minimis
administrative settlement under CERCLA
§ 122(g). The proposed settlement requires the
approximately 700 settling parties to reimburse ,
the Hazardous Substances Superfund for
response costs incurred in connection with the
Peak Oil Superfund Site. The Agency will
receive comments for a period of 30 days from
the date of publication.
"Proposed Consent Decree; Carolina
Production Plating"
February 8,1995 (60 FR 7583)
A Consent Decree in Catherine and Philip J.
Celestin. Bankruptcy No. A-B-87-00183. was
lodged with the U.S. District Court for the
Western District of North Carolina on January 20,
1995. The proposed settlement requires the
bankruptcy estate to pay 80% of the net sales
proceeds from the sale of Carolina Production
Plating facility located in Asheville, North
Carolina, to the Hazardous Substances
Superfund. DOJ will receive comments for a
period of 30 days from the date of publication.
"Proposed Administrative Settlement;
Coast Wood Preserving Superfund Site"
February 10,1995 (60 FR 7965)
EPA proposed to enter into an administrative
settlement under CERCLA § 122(h). The
proposed settlement requires the settling party to
reimburse the government $161,000 for response
costs incurred in connection with the Coast
Wood Preserving Superfund Site in Ukiah,
California. The Agency will receive comments
for a period of 30 days from the date of
publication.
"Proposed Administrative Settlement;
Lowry Landfill Site"
February 10,1995 (60 FR 7965)
EPA proposed to enter into a de minimis
administrative settlement under CERCLA
§ 122(g). The proposed administrative order on
consent settlement requires the settling party to
pay the Hazardous Substances Superfund
$314,587.65 to resolve its liability related to
response actions at the Lowry Landfill Site in
Arapahoe, Colorado. Comments must be
submitted on or before March 13,1995.
"Proposed Consent Decree; Koppers
Co., Inc. Superfund Site"
February 15,1995 (60 FR 8375)
A Consent Decree in United States v. Beazer
East. Inc. was lodged with the U.S. District Court
for the Eastern District of North Carolina,
Western Division on January 26,1995. The
proposed settlement requires the settling party to
pay the United States $1,023,475.15 for response
costs incurred in connection with the Koppers
Co., Inc. Superfund Site in Morrisville, North
Carolina. DOJ will receive comments for a
period of 30 days from the date of publication.
"Proposed Administrative Settlement;
Hillsdale Drum Superfund Site"
February 15,1995 (60 FR 8659)
EPA proposed to enter into an administrative
settlement with 37 parties under CERCLA
§ 122(h) to resolve claims for past response costs
22
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February 1995
Federal Registers
NOTICES
at the Hillsdale Drum Supeifund Site in St.
Helena Parish, Louisiana. The Agency will
receive comments for a period of 30 days from
the date of publication.
"Proposed Consent Decree; Diamond
Shamrock Superfund Site"
February 16,1995 (60 FR 9050)
A Consent Decree in United States v. Henkel
Corp. was lodged with the U.S. District Court for
the Northern District of Georgia, on January 26,
1995. The proposed settlement requires the
settling party to pay the United States for past
and future response costs incurred in connection
with the Diamond Shamrock Superfund Site in
Cedartown, Georgia. In addition, the settling
party will implement the remedy selected for the
site in the Record of Decision. DOJ will receive
comments for a period of 30 days from the date
of publication.
"Proposed Consent Decree; Lipari
Landfill Superfund Site"
February 16,1995 (60 FR 9051)
A Consent Decree in United States v. Nick
Lipari was lodged with the U.S. District Court for
the District of New Jersey, on January 30,1995.
The proposed settlement requires the settling
party to pay the United States and the State of
New Jersey $1,350,000 plus interest for response
costs incurred in connection with the Lipari
Landfill Superfund Site in Mantua Township,
New Jersey. DOJ will receive comments for a
period of 30 days from the date of publication.
"Proposed Administrative Settlement;
Resource Services, Inc. Site"
February 24,1995 (60 FR 10393)
EPA proposed to enter into an administrative
settlement under CERCLA § 122(h) on
December 22,1994. The proposed settlement
requires the settling parties to pay $50,000 to the
Hazardous Substances Superfund toward past
response costs incurred in connection with the
Resource Services, Inc. Site in Springfield,
Missouri. The Agency will receive comments
for a period of 30 days from the date of
publication.
"Proposed Consent Decree; Environtek I
Superfund Site"
February 24,1995 (60 £B 10408)
A Consent Decree in United States v. Adflex
Corporation was lodged with the U.S. District
Court for the Western District of New York, on
January 6,1995. The proposed settlement
requires the settling party to reimburse the
Hazardous Substances Superfund $1,098,771.37
for response costs incurred in connection with the
Environtek I Superfund Site in Tonawanda, New
York. DOJ will receive comments for a period
of 30 days from the date of publication.
"Proposed Administrative Settlement;
Metamora Landfill"
February 28,1995 (60 FR. 10849)
EPA proposed to enter into an administrative
settlement under CERCLA § 122(h). The
proposed settlement requires: 1) the settling party
to reimburse EPA $322,256 for response costs
incurred in connection with the Metamora
Landfill Site; 2) the settling party to assign to
EPA all payments and rights to receive payments
from and including March 1,1995, pursuant to its
Land Contract Receivable and its Asset Purchase
and Sale Agreement; 3) the settling party to
waive all claims against the United States that
arise out of response activities conducted at the
site; and 4) EPA to afford the settling party a
covenant not to sue for all response costs incurred
and to be incurred at the site upon satisfactory
23
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Federal Registers
February 1995
NOTICES
completion of obligations under the settlement.
The site is currently being remediated pursuant to
the terms of a Consent Decree entered by the
United States District Court for the Eastern
District of Michigan Southern Division-Flint, on
March 17,1993. Comments on the proposed
settlement must be submitted to the Agency on or
before March 30,1995.
EPCRA
"Federal Compliance with Right-to-Know
Laws and Pollution Prevention
Requirements; Notice of Federal Facility
Workshops"
February 23,1995 (60 FR 10081)
EPA will hold a series often, three-day
workshops for federal agency personnel on the
requirements of Presidential Executive Order
12856, Federal Compliance with Right-to-Know
j^aws and Pollution Prevention Requirements.
The workshops will be held during the months of
March, April, and May of 1995. Registration
will be taken on a first-come-first-served basis
until two weeks prior to the start of each
workshop.
ATSDR
"Quarterly Public Health Assessments"
February 8,1995 (60 FR 7572)
ATSDR announced the completion of public
health assessments for 27 NPL sites and for three
non-NPL sites. The health assessments are
available for viewing at the Division of Health
Assessment and Consultation at ATSDR in
Atlanta, Georgia. In addition, they are also
available by mail from the National Technical
Information Service.
Environmental Education
"National Environmental Education and
Training Foundation, Inc.,
Announcement of a New Appointment
to the Board of Directors"
February 24,1995 (60 FR 10386)
The National Environmental Education Act of
1990 created the National Environmental
Education and Training Foundation. This non-
profit organization will develop and support a
grant program to promote innovative
environmental education and training programs
and will develop partnerships with government
and other organizations to administer projects
that promote the development of an
environmentally literate public. As required by
the Act, the Administrator of EPA appointed a
new member to the foundation's board of
directors.
Environmental Health Committee
"Dioxin Reassessment Review;
Preliminary Announcement"
February 13,1995 (60 FR 8233)
The Environmental Health Committee and the
Indoor Air Quality/Human Exposure Committee
of the Science Advisory Board will meet jointly
during the time period from late March to mid-
April to review EPA's assessment of 2,3,7,8-
TCDD dioxin. Anyone wishing to make a
presentation at the meeting should submit a
written statement to the Science Advisory Board
on or before March 10,1995. Persons wishing to
submit written materials for consideration by the
committees, but not desiring to make an oral
presentation, may do so any time prior to the
meeting.
24
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February 1995
Federal Registers
NOTICES
Environmental Justice
"Application for Brownfields Economic
Redevelopment Initiative"
February 21,1995 (60 FR 9684)
EPA extended its application deadline for the
Brownfields Economic Redevelopment Initiative
until April 17,1995. From those applications
that are received by the original deadline,
March 1,1995, EPA intends to select five pilot
projects by May 17,1995. From the remaining
applications received on or before this date and
from the applications received on or before
April 17,1995, EPA intends to select ten pilot
projects by July 21,1995. The effective date of
this action is December 1,1994.
Office of Research and Development
"Reducing Uncertainty in Risk
Assessment and Improving Risk
Reduction Approaches; Grants for
Research"
February 9,1995 (60 FR. 7766)
EPA is requesting applications for research
grants in the following areas: human health risk
assessment, indoor air quality in large office
buildings, air pollutants (particulate matter,
tropospheric ozone, and toxics), and regional
hydrologic vulnerability to global climate
change. Applications must be received on or
before April 17,1995.
Pollution Prevention
"Socioeconomic Projects Related to
Pollution Prevention; Solicitation for
Proposals"
February 24,1995 (60 FR 10388)
EPA is seeking proposals for projects related to
pollution prevention that further the objectives of
the President's Environmental Technology
Initiative (ETI). EPA will direct approximately
$3.5 million during Fiscal Year 1995 to nonprofit
organizations under this initiative. In particular,
the Agency is seeking pollution prevention
proposals averaging $150,000 per year with a
maximum duration of two years that support the
following objectives: 1) adapting EPA's policy,
regulatory, and compliance framework to
promote innovation; 2) strengthening the
capacity of technology developers and users to
succeed in environmental innovation; and 3)
accelerating the diffusion of innovative
technologies at home and abroad. Applications
must be received on or before May 1,1995.
TSCA
"State Accreditation and Certification
Programs for Lead-Based Paint
Professionals"
February 27,1995 (60 FR 10583)
EPA intends to award grants to states,
territories, and federally recognized Indian
governing bodies to develop and carry out
authorized accreditation and certification
programs for professionals engaged in lead-based
paint activities pursuant to TSCA. The Agency
anticipates that $12,500,000 will be available for
awards to eligible recipients during Fiscal Year
1995. Applications for the grants must be
submitted to the appropriate EPA regional office
on or before March 31,1995. EPA will make its
award decisions by September 30,1995.
25
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CALL ANALYSES
CALLS ANSWERED BY HOTLINE
February Daily Volume*
RCRA/UST
10 13 14 15 16 17 21 22 23 24 27 28
Year to Date*
RCRA/UST
January
February
Month
6,017
5,984
Cumulative
6,017
12,001
EPCRA and Superfund
January
February
Month
3,432
4,284
Cumulative
3,432
7,716
Documents
(All Proaram Areas)
January
February
Month
4,389
4,191
Cumulative
4,389
8,580
*A11 calls answered by the Call Management System, the Message Retrieval Line, and the Document Retrieval Line.
27
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Call Analyses
February 1995
900 T
800 •-
700 --
w
.2 600 4-
w
t>
O 500 •-
15 400 - -
200 •-
100 4
0
QUESTIONS ANSWERED BY TYPE
February Daily Volume*
Regulatory
Document
Referral/Transfer
1,689
4-
4-
4-
H h
4-
4-
-I 1-
4-
10 13 14 15 16 17 21 22 23 24 27 28
Day
Year to Date*
Regulatory
January
February
Month
12,045
11,182
Cumulative
12,045
23,227
Document
January
February
Month
5,285
5,301
Cumulative
5,285
10,586
Referral/Transfer
January
February
Month
1,518
1,689
Cumulative
1,518
3,207
* 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.
28
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February 1995
Call Analyses
QUESTIONS ANSWERED BY PROGRAM AREA
February 1995*
*Based on 16,483 questions and excludes 1,689 referrals and transfers made from both Hotlines. Includes the
Message Retrieval Line and the Document Retrieval Line.
Year to Date*
January
February
RCRA
Month
56%
(9,725)
52%
(9,474)
Cumulative
56%
(9,725)
54%
(19,199)
UST
Month
6%
(1,012)
5%
(951)
Cumulative
6%
(1,012)
5%
(1,963)
EPCRA
Month
24%
(4,215)
29%
(5,261)
Cumulative
24%
(4,215)
27%
(9,476)
Superfund
Month
14%
(2,378)
14%
(2,486)
Cumulative
14%
(2,378)
14%
(4,864)
29
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Call Analyses
February 1995
CALLER PROFILE
RCRA/UST Hotline
Regulated Community 5,390
Citizens 284
State & Local Govt./Native American 226
Federal Agencies 142
Educational Institutions 117
EPA 107
Media 12
Interest Groups 18
Congress 2
International 9
Other 75
Referrals* 499
Transfers to EPCRA/Superfund Hotline* 492
Document Retrieval Line* 308
Message Retrieval Line* 659
TOTAL
Citizens
8,340
State & Local Govt./
Native American
4%
All Others
5%
Federal Agencies
2%
Regulated
Community
* No caller profile data available.
30
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February 1995
Call Analyses
Emergency Planning and Community Right-to-Know Act/
Superfund Hotline
Manufacturers
Food/Tobacco 71
Textiles 21
Apparel 12
Lumber & Wood 24
Furniture 29
Paper 46
Printing & Publishing 44
Chemicals ' 251
Petroleum & Coal 127
Rubber and Plastics 55
Leather 17
Stone, Clay & Glass 46
Primary Metals 37
Fabricated Metals 99
Machinery (Excluding Electrical) 31
Electrical&Electronic Equipment 86
Transportation Equipment 33
Instruments 32
Misc. Manufacturing 158
Subtotal 1,219
Consultants/Engineers 2,118
Attorneys 503
Citizens 243
Public Interest Groups 48
Educational Institutions 92
EPA 78
Federal Agencies 145
GOCOs 4
Congress 6
State Officials/SERCs 125
Local Officials/LEPCs 160
Fire Departments 29
Hospitals/Laboratories 106
Trade Associations 42
Union/Labor 10
Farmers 18
Distributors 57
Insurance Companies 10
Media/Press 15
Native Americans 1
International 5
Other 170
Referrals* 305
Transfers to RCRA/UST Hotline* 393
Document Retrieval Line* 50
Message Retrieval Line* 167
TOTAL 6,119
Attorneys
10%
Citizens
5%
All Others
21%
Consultants/
Engineers
41%
* No caller profile data available.
Manufacturers
23%
31
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Call Analyses
February 1995
HOTLINE TOPICS
RCRA
RCRA GENERAL
SUBTITLE C
Hazardous Waste Id. - General
Toxicity Characteristic (TC)
Wood Preserving Wastes
Listing of Used Oil
Fluff
Mercury-Containing Lamps
Radioactive Mixed Waste
Delisting Petitions
Hazardous Waste Recycling
Generators
Small Quantity Generators
Transporters
Exports/Imports
TSDF General
Treatment
Storage
Disposal
Siting Facilities
Capacity
Land Disposal Restrictions
Permits and Permitting
Corrective Action
Liability/Enforcement
Test Methods
Health Effects
Combustion - General
Permitting
Tech. Standards/Combustion Units
Waste Minimization
Risk Assessment 9
Waste Minimization/Pollution Prevention 167
587
1,694'
223
18
49
6
404
21
43
3361
6621
215
92
23
5961
132
113
67
5
3
8131
209
291
139
142
14
91
26
25
38
State Programs
Hazardous Waste Data
Military Munitions
SUBTITLE D
Household Hazardous Wastes
Subtitle D - General
Siting Facilities
Combustion
Industrial Waste
Solid Waste Recycling - General
Aluminum
Batteries
Glass
Paper
Plastics
Tires
Used Oil
113
46
6
234
4801
25
139
17
4301
7
14
6
12
27
31
188
Composting 15
Markets - General 39
Aluminum 7
Batteries 6
Compost 4
Glass 7
Paper 5
Plastics 8
Tires 12
Used Oil 44
Procurement General 20
Building Insulation 1
Cement/Cement Products with Fly Ash 5
Paper and Paper Products 5
Re-Refined Lubricating Oil 6
Retread Tires 4
Source Reduction/Pollution Prevention 54
Grant and Financing 5
OTHER WASTES
Ash 22
Bevill Amendment (Mining Waste) 29
Medical Waste 144
Oil and Gas 4
TOTAL 9,474*
* Includes 2,499 RCRA document requests.
UST
General/Misc. 2361
Applicability/Definitions 133
Regulated Substances 25
Standards for New Tank Systems 35
Tank Standards and Upgrading 56
Operating Requirements 18
Release Detection 131
Release Reporting & Investigation 32
Corrective Action for USTs 99
Out-of-Service/Closure 65
Financial Responsibility 39
State Programs 30
Liability/Enforcement 38
LUST Trust Fund 14
TOTAL 951*
* Includes 392 UST document requests.
32
1 Hot topics for this month
' Topics a' e calculated as the summation of all questions received by the Hotline. A single call may result in
multiple questions.
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February 1995
Call Analyses
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
General:
General Title III Questions 505
Trade Secrets 12
Enforcement 11
Liability/Citizen Suits 7
Training 21
Chemical-Specific Information 26
Emergency Planning (§§301-303):
General 127
Notification Requirements 28
SERC/LEPC Issues 55
EHSs/TPQs 108
Risk Communication/
Hazards Analysis 18
Exemptions 7
Emergency Release Notification (§304):
General 68
Notification Requirements 65
Reportable Quantities 79
CERCLA § 103 vs. SARA §304 49
ARIP/AHEDB/ERNS 11
Exemptions 24
Hazardous Chemical Reporting
(§§311-312):
General
MSDS Reporting Requirements
Tier I/II Requirements 1
Thresholds
Hazard Categories
Mixtures Reporting
Exemptions
275
206
,158
281
43
101
272
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
252
320
170
341
36
2
17
17
39
49
42
185
75
Special Topics:
CAA§112
General 36
RMPs 36
List of Regulated Substances 33
Federal Facilities Executive Order 54
TOTAL 5,261
"Includes 1,558 Emergency Planning and Community
Right-to-Know document requests
SUPERFUND
General/Misc. 191
Access & Information Gathering 35
Administrative Improvements
General 57
Environmental Justice/Brownfields 2631
SACM/Presumptive Remedies 78
Soil Screening Levels 112
Administrative Record 16
ARARs 82
CERCLIS 101
Citizen Suits 8
Claims Against Fund 9
Clean-Up Costs 33
Clean-Up Standards 104
Community Involvement 41
Contract Lab Program (CLP) 20
Contractor Indemnification 6
Contracts 9
Definitions 19
Enforcement 63
Federal Facilities 26
Hazardous Substances 94
HRS 26
Liability 56
Local Gov't Reimbursement 7
Natural Resource Damages 9
NCP 37
Notification 52
NPL 1671
Off Site Rule 18
OSHA 14
PA/SI 23
PRPs 30
RD/RA 17
Reauthorization 35
1 Hot topics for this month
• Topks are calculated as the summation of all questions received by the Hotline. A single call may result in
multiple questions.
33
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Call Analyses February 1995
Remedial 112
Removal 44
RI/FS 33
Risk Assess./Health Effects 61
ROD 36
RQ 2041
Settlements 26
SITE Program 27
State Participation 14
State Program 7
TAGs 3
Taxes 5
Special Topics
Oil Pollution Act 21
SPCC Regulations 19
Radiation Site Cleanup 16
TOTAL 2,486*
"Includes 852 Superfund document requests.
rOTAL HOTLINE QUESTIONS,
)OCUMENT REQUESTS AND
SFERRALS: 18,172
1 Hot topics for this month
1 Topics are calculated as the summation of all questions received by the Hotline. A single call may result in
multiple questions.
34
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