EPA530-R-95-002C
                                                               PB95-922 403
                  MONTHLY HOTLINE REPORT
                                   March 1995


                        RCRA/UST, Superfund, and EPCRA
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                Hotline Questions and Answers

                Resource Conservation and Recovery Act (RCRA)	
                Underground Storage Tanks (UST)	
                Comprehensive Environmental Response, Compensation, and
                   Liability Act (CERCLA)	
                Emergency Planning and Community Right-to-Know (EPCRA).
                                               1
                                               3

                                               3
                                               4
                New Publications

                Resource Conservation and Recovery Act (RCRA)	
                Comprehensive Environmental Response, Compensation, and
                   Liability Act (CERCLA)	
                Emergency Planning and Community Right-to-Know (EPCRA),
                Other	
                Federal Registers
                                               9
                                               9
                                              11
               Final Rules	,
               Proposed Rules
               Notices	
                                              13
                                              15
                                              16
                Call Analyses

                Calls Answered	 23
                Caller Profiles	 26
                Hotline Topics	 28
    RCRA/UST, Superfund, and EPCRA
   National Toll-Free Nos.: 800-424-9346
         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.  Signing the Manifest as an Agent
    When Importing Hazardous Waste

    A waste broker in Mexico arranges to
 collect hazardous waste from several different
 Mexican generators, and exports 1500
 kilograms of hazardous waste for disposal at a
 U.S. facility. The RCRA  regulations under
 Part 262, Subpart F require an importer to
 initiate a manifest when hazardous waste
 enters the United States.  Since the broker from
 Mexico accepts all responsibility for the
 hazardous waste from the generator facilities
 and handles the hazardous waste for the  US.
 disposal facility, can the  broker sign the
 Uniform Hazardous Waste Manifest as an
 agent of the U.S. disposal facility that is
 importing the waste?

    The regulations for imports of hazardous
 waste allow the importer or his/her agent to
 sign the generator certification statement on
 the manifest in place of the generator
 (§262.60(b)(2)).  The only requirement for an
 agent signing the manifest is that the agent
 must be somehow legally affiliated with the
 EPA identification number used on the
 manifest. The Mexican broker could sign the
 manifest certification only if the broker's
 company has a U.S. EPA identification
 number (requiring a U.S. address) or the
 broker is legally related to the importer (e.g., a
 subsidiary). A broker signing as an agent
 because of a legal relation to the importer
must place the U.S. address and U.S. EPA
identification number of the importer on the
manifest.
 2.  Export Requirements for
    Transportation Through Transit
    Countries

    A facility generates hazardous waste in
 Alaska. The generator arranges to send the
 hazardous waste to a disposal facility in
 California. In the process of transportation,
 the hazardous waste will pass through
 Canadian territory.  Will the facility be
 required to comply with any of the export
 regulations found under Part 262, Subpart E?

 In this scenario, RCRA export regulations do
 not apply. The regulations for exports of
 hazardous waste in Pan 262, Subpart E apply
 to any person  who meets the definition of a
 primary exporter. Primary exporter is defined
 under §262.51 as generally, any person
 required to initiate a hazardous waste manifest
 which designates a treatment, storage, or
 disposal facility in a receiving country.
 Receiving country is subsequently defined
 under §262.51 as "a foreign country to which
 a hazardous waste is sent for the purpose of
 treatment, storage or disposal (except short-
 term storage incidental to transportation)". In
 the above scenario, there are no treatment,
 storage, or disposal facilities in a receiving
country that are designated on the manifest,
rather, the waste simply passes through a
foreign country. RCRA does not require that
transit countries be notified.

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Hotline Questions and Answers
                                March 1995
3.  Hotel Dry Cleaning Waste and the
    Household Waste Exclusion

    A hotel generates spent solvents from its
on-site dry cleaning facility. For purposes of
the 40 CFR §261.4(b)(l) household waste
exclusion, EPA defines households to include
hotels and motels. Will hoiel dry cleaning
wastes be excluded from RCRA Subtitle C
regulation as household waste?

    Wastes produced by a hotel dry cleaning
facility are not household wastes and therefore
will not be excluded from RCRA hazardous
waste regulation. A waste has to meet two
conditions to be excluded as household waste.
Household waste must be generated on the
premises of a temporary or permanent
residence and be comprised primarily of
materials generated by consumers in their
homes.  In general, wastes from hotels and
motels will be excluded as household waste as
long as the waste is similar to the type of
waste that consumers generate in their home.
Even though generated on premises of a
temporary residence (i.e. hotel), dry cleaning
waste is not household waste because the
spent solvents from the dry cleaning
operations are not similar to wastes typically
produced by a consumer in the home.  The dry
cleaning wastes produced by the hotel do not
meet both criteria for household waste and
will not qualify for the household waste
exclusion per §261.4(b)(l) (49 FR 44978;
November 13,1984).

4.  Definition of Formerly Bevill Exempt
    Wastes

    According to 40 CFR §268.1(e)(3), wastes
identified or listed as hazardous waste after
November 8,1984, are not subject to land
disposal restrictions (LDR) until EPA
promulgates prohibitions or treatment
standards.  For purposes of LDR, certain
mineral processing wastes which were
formerly exempt under the Bevill Amendment,
but lost that exemption are considered to be
newly identified and therefore not subject to
LDR until EPA promulgates standards
specific to this category of wastes.  What
wastes are included within this category of
formerly exempt Bevill wastes?

    On November 19,1980, EPA
promulgated an exclusion from regulation
under RCRA Subtitle C for, "solid waste
from the extraction, beneficiation, and
processing of ores and minerals (including
coal), including phosphate rock, and
overburden for the mining of uranium ore"
(45 FR 76618,76620). This is one of the
exclusions commonly referred to as a
Bevill exclusion. In this Federal Register.
EPA clarified that the exclusion covered
"...solid waste from the exploration,
mining, milling, smelting  and refining of
ores and  minerals" (45 FR 76619). On
September  1,1989, EPA published a final
rule that  narrowed the scope of the
exclusion as it applies to mineral
processing (54 FR 36592). Specifically,
EPA finalized the exclusion for five
mineral processing wastes and
conditionally excluded twenty wastes
pending additional studies. After
completing a study of the  twenty wastes,
EPA removed five of the wastes that had
been subject to the September 1,1989,
conditional exclusion, bringing the total
number of excluded mineral processing
wastes to twenty (55 FR 2322; January 23,
1990). On June 13, 1991, EPA finalized
this list of twenty exempt  mineral
processing wastes in §261.4(b)(7) (56 FR
27300).  All other mineral processing
wastes are subject to RCRA Subtitle C.
Wastes from the extraction/beneficiation
of ores and minerals remain covered by

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 March 1995
                Hotline Questions and Answers
the exclusion generally, and are not subject
to Subtitle C.

    EPA considers ajl mineral processing
wastes which are not currently listed in
§261.4(b)(7), to be newly identified wastes
and therefore not subject to LDR
requirements until treatment standards are
promulgated. Treatment standards for
these wastes are currently being developed
as part of the court-ordered LDR Phase IV
Proposed Rule.
                   UST
5.  Underground Storage Tank Piping

    The regulations for new or upgraded
Underground Storage Tank (UST) systems
require piping that routinely contains product
and is in contact with the ground to be
constructed or installed in a manner that
protects the pipes from leaking into the
environment. Fiberglass-reinforced plastic
piping automatically meets this requirement,
while metal piping requires cathodic
protection, or certification that there  is no
threat of a release due to corrosion of the
metal. Would the owner or operator of a tank
system using fiberglass-reinforced piping  with
metal "T" and "L" joints that routinely
contain product and are  in contact with the
ground be required to provide additional
protection to these joints, or provide
certification of protection?

    Yes. The UST regulations require
corrosion protection of operational
underground piping and components including
joints (53 FR 37128; September 23,1988).
The corrosion prevention provision for piping
construction at 40 CFR §280.20(b) makes no
exception for metal piping joints.  Although
metal pipe joints are but a minor portion of a
tank system, they must have cathodic
protection (§280.20(b)(2)), be installed at a site
that is determined not to require corrosion
protection (§280.20(b)(3)), or be determined
not to show a potential for release or threatened
release of regulated substances (§280.20(b)(4)).

    Because pipe joints make up such a
relatively small portion of a tank system, one
of the latter two protection measures is usually
most  efficient.  For metal piping to meet the
§280.20(b)(3) conditions, the piping must be
installed at a site that is determined by a
corrosion expert to not be corrosive enough to
cause the piping to have  a release due to
corrosion during its operating life.  The
regulations note two standards which may be
used to comply with this requirement (National
Fire Protection Association Standard 30, and
National Association of Corrosion Engineers
RP-01-69), although other appropriate methods
may be used.  The owner or operator must
maintain records that demonstrate compliance
with this requirement. The implementing
agency must approve of the construction and
corrosion protection of the piping to meet the
requirements of §280.(20)(b)(4). Depending
on the requirements of the implementing
agency, pipe construction may be approved via
specific industry standards, state regulatory
requirements, or on a case-by-case basis.
                CERCLA
6.  Clarification of the Definition of On-
    Scene Coordinator

    The hazardous substance response
requirements under Subpart E of the National
Contingency Plan (NCP) provide EPA the
authority and mechanisms to conduct removal
and remedial activities at Superfund sites. The
lead agency (usually EPA) may designate an
On-Scene Coordinator (OSC) to direct
response for a removal action or a Remedial
Project Manager (RPM) to coordinate the

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Hotline Questions and Answers
                                 March 1995
 cleanup response for the remedial action.  At a
 site where both remedial and removal
 responses are required, must the lead agency
 designate two coordinators?

   The lead agency conducting a Superfund
 cleanup has great flexibility in designating
 either an OSC, a RPM, or both to oversee the
 response action.  Where both the OSC and
 RPM are designated to lead response actions at
 one site, the responsibilities of the OSC will
 generally be to lead removal activities, while
 the RPM will generally oversee remedial
 activities. Because this situation may promote
 duplication of information collected or
 activities performed at some sites, oversight by
 either an OSC or a RPM of both removal and
 remedial activities at one site is an option.  The
 definition of RPM in 40 CFR §300.5, clearly
 indicates that a RPM has the authority to
 oversee remedial activities  as well as "other
 response actions under Subpart E" (i.e.,
 removal actions). In contrast, the definition of
 an OSC did not explicitly extend the same
 authority for that individual to oversee  any
 action beyond a removal action  until a recent
 clarification in the July 14,1994, Federal
 Register (59 FR 35852). This clarification
 amended the definition of OSC to explain that
 he or she can direct removal or, "other
 response actions under Subpart E of the NCP."
 Thus, a lead agency can designate one OSC or
 RPM to oversee both types of response
 activities under Subpart E of the NCP.
                 EPCRA
 7.  Reporting Requirements for
    Chemically Treated Wood Under
    EPCRA §§311 and 312

    Until recently, OSHA exempted wood and
 wood products from the Hazard
 Communication Standard (HCS) program.  On
February 9,1994, OSHA amended its HCS to
no longer exempt certain wood and wood
products (59 Efi. 6126). The revised exemption
found at 29 CFR §1910.1200(b)(6)(iv) applies
only to wood and wood products for which the
hazard potential is limited to its flammability
or combustibility.  Wood that has been
chemically treated is now subject to the HCS
and thus requires a facility to maintain a
material safety data sheet (MSDS)for the
wood product. In addition, the wood product
is potentially subject to EPCRA §§311 and
312.

    A manufacturer of creosote-treated wood
stores various sizes of treated lumber, which it
sells to retailers and wholesalers.  The facility
never stores more than 10,000 pounds of
creosote prior to being incorporated into the
wood.  Would the consumer product exemption
found at 40 CFR §370.2 apply to the creosote-
treated wood? If the treated wood in storage
is subject to EPCRA  §§311 and 312, does the
facility apply  the total weight of the wood
products towards the 10,000 pound threshold,
or just the weight of creosote contained in  the
wood?

    EPCRA §§311 and 312 apply to any
facility that is required to prepare or have
available a MSDS and has a hazardous
chemical, as defined by OSHA, present in
excess of 10,000 pounds, or has an extremely
hazardous substance  in excess of 500 pounds
or the threshold planning quantity (TPQ),
whichever is lower (40 CFR  §370.20). Despite
the new applicability of OSHA's HCS to
chemically  treated wood, the wood may not be
subject to EPCRA §§311 and 312 if certain
exemptions apply.

    A manufacturer of creosote-treated wood
would not have to count the wood products in
storage towards the 10,000-pound threshold if
the treated wood is in the same form and

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March 1995
                Hotline Questions and Answers
 concentration as a product distributed to the
 general public (40 CFR §370.2).  If, however,
 the wood products are treated with levels of
 creosote not typically used in consumer
 products, then the wood products in storage
 must be counted in the threshold
 determination.  Likewise, any wood products
 in sizes not typically available to the general
 public must be counted towards threshold
 calculations.

    A facility subject to the requirements of
 EPCRA §§311  and 312 has two options for
 reporting mixtures.  An owner or operator may
 meet the requirements by either providing the
 required information on each component of a
 mixture or by providing the information on the
 mixture itself (40 CFR §370.28(a)). If the
 manufacturer of creosote-treated wood knows
 the concentration of the creosote in the wood,
 the manufacturer can apply the weight of
 creosote contained in the wood along with any
 other creosote on site towards the 10,000-
 pound threshold.  The owner or operator may
 prefer, however, to simply apply the total
 weight of the wood products  towards the
 threshold.  The owner/operator may choose
 which reporting option to use, but the option
 chosen must be consistently applied for
 purposes of reporting under EPCRA §§311 and
 312 (40 CFR §370.28(a)(2)).

 8.  Federal  Facilities and the Consumer
    Product Exemption Under EPCRA
    §§311  and 312

    Executive Order 12856 required federal
facilities to comply with all aspects of EPCRA
 (58 ER 41981; August 6,1993). Prior to this
 action, EPCRA did not apply to federal
facilities. Consequently, interpretive language
previously  issued as guidance for non-federal
facilities often does not address issues specific
 to federal facilities.  For example, the federal
government produces many of its own products
(i.e., scouring powder, bleach) for use by its
own service people. These products are
similar inform and concentration to
analogous products manufactured by private
companies for distribution to the general
public. Many of the federal government's
products are packaged in comparable
quantities to those produced in the private
sector. EPCRA provides an exemption at 40
CFR §3702 for consumer products present in
the same form and concentration as products
packaged for distribution and use by the
general public. The federal government's
products, however, are not available to the
general public. Would the federal products be
exempt under the consumer product exemption
if they are packaged in the same form and
concentration as those manufactured in the
private sector, even though they are not
available for purchase by the general public?

    Yes.  Products manufactured by the federal
government that are packaged in the same
form (i.e., package size) and concentration  as
products manufactured by private industry are
exempt from EPCRA §§311/312 reporting
requirements.  The federal products need not
be available to the general public to meet this
exemption. The exemption applies either to
the extent a product is used for personal,
family, or household purposes, or is present in
the same form and concentration as a product
used by the general public (whether or not it is
actually used by the general public (40 CFR
§372.2)). For further guidance on specific
scenarios, federal agencies should look to their
respective Executive Order implementing
offices to determine the extent of reporting.
Some federal agencies have agreed to
disregard certain exemptions even though their
facilities may qualify for them in order to
demonstrate the Federal Government's
leadership role in source reduction and
pollution prevention.

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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  k2161. 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 No.: 800-424-9346
                                  Local: 703-412-9810
                        TDD National Toil-Free No.: 800-553-7672
                 RCRA
TITLE:  "Update Released on Solid Waste
Management in the United States"
AVAILABILITY: Hotline
EPA ORDER NO.:  EPA530-F-94-042

This fact sheet summarizes the report entitled
Characterization of Municipal Solid Waste in
the United States: 1994 Update.  The report
analyzes municipal solid waste generation and
management trends in the United States from
1960 to 1993 and the benefits of source
reduction and  recycling. It provides
information about the amounts of solid waste
generated by volume as well as weight, and it
includes projections for solid waste generation
to the year 2000.  This document is also
available on the Internet.

TITLE:  "Characterization of Municipal Solid
Waste in the United States: 1994 Update;
Executive Summary"
AVAILABILITY: Hotline
EPA ORDER NO.:  EPA530-S-94-042

This document summarizes the report entitled
Characterization of Municipal Solid Waste in
the United States: 1994 Update.  The report
analyzes municipal solid waste generation and
management trends in the United States from
 1960 to 1993 and the benefits of source
 reduction and recycling. This document is also
 available on the Internet.

 TITLE: "Characterization of Municipal Solid
 Waste in the United States: 1994 Update"
 AVAILABILITY: NTIS
 NTIS ORDER NO.: PB95-147 690

 This report analyzes municipal solid waste
 generation and management trends in the
 United States from 1960 to 1993 and the
 benefits of source reduction and recycling. It
 provides information about the amounts of
 solid waste generated by volume as well as
 weight, and it includes projections for solid
 waste generation to the year 2000.  The
 document is also available on the Internet.

 TITLE: "Reusable News (Winter  1995
 Edition)"
 AVAILABILITY: Hotline
 EPA ORDER NO.:  EPA530-N-95-001

 Reusable News is a quarterly newsletter that
 reports on municipal solid waste management
 issues.  The Winter 1995 edition contains an
 article about the findings of the report entitled
 Characterization of Municipal Solid Waste in
the United States: 1994 Update. It also
contains information about Washington's
 "Buy-Recycled" campaign, and the 1994

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New Publications
                                March 1995
household hazardous waste management
conference. The newsletter also provides
information to home builders about
construction and demolition wastes, and
includes an insert listing the various EPA
publications concerning municipal solid waste
available to the public.

TITLE: "State Program Advisory Number
Fifteen"
AVAILABILITY: NTIS
NTIS ORDER NO.:  PB95-191 219

This document updates the State Authorization
Manual (SAM) which assists states and
regions in authorizing states for the RCRA
program. This advisory covers the period
July 1,1993, through June 30,1994.  It
provides new revision checklists including
consolidated checklists for the land disposal
restrictions, boilers and industrial furnaces,
and the Bevill exclusion for mining wastes.
The advisory also contains model language
from the Attorney General's Statement.

TITLE: "Inside the Hotline: A Compilation
of 1994 Monthly Hotline Reports"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-179 388

This document is a compilation of questions
and answers and Federal Register summaries
from individual Monthly Hotline Reports for
the period covering January through December
1994. It includes indices arranged by subject,
regulatory citation, and statutory citation. This
document is also available on the Internet.
TITLE:  "Index to the Monthly Hotline Report
Questions (June 1982 to December 1994)"
AVAILABILITY:  NTIS
NTIS ORDER NO.:  PB95-179396

This document provides four indices to the
questions and answer section of the Monthly
Hotline Reports from June 1982 through
December 1994. The first index is a
chronological listing of question titles by year
and month.  The second index organizes the
questions by regulatory citation. The third
index organizes the questions by statutory
citation, and the fourth index organizes the
questions by key work or  subject.  The
document replaces Index to the Monthly
Hotline Report Questions (June 1982 to
December 1992t. This document is  also
available  on the Internet.

TITLE:  "Report to Congress on Flow Control
and Municipal Solid Waste"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-179 263

In September 1992, Congress directed the EPA
to develop and submit a Report to Congress on
flow control as a means of municipal solid
waste management.  This  report presents a
comparison of states with and without flow
control authority, and it identifies the impact of
flow control ordinances on protection of human
health and the environment. Specifically, it
identifies the impact of flow control on  the
development of state and local waste
management capacity and the achievement of
goals for source reduction, reuse and
composting, waste-to-energy, and landfill
market segments. The report is also available
on the Internet.

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March 1995
                            New Publications
TITLE:  "Report to Congress on Flow Control
and Municipal Solid Waste: Executive
Summary"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-S-95-008

This document summarizes the Report to
Congress on Flow Control and Municipal
Solid Waste. The report presents a comparison
of states with and without flow control
authority, and identifies the impact of flow
control ordinances on protection of human
health and the environment. The document is
also available on the Internet.
                  UST
TITLE:  "State-EPA Strategy for Encouraging
Early Compliance with UST Upgrade/Replace/
Closure Requirements"
AVAILABILITY:  Hotline
EPA ORDER NO.:  N/A

EPA's Office of Underground Storage Tanks
(OUST) has developed a strategy to encourage
early compliance with the December 1998
deadline for upgrading existing underground
storage tank (UST) systems. The document
outlines many steps that state and local
agencies can take to encourage early
compliance.
                EPCRA
TITLE: "Toxic Chemical Release Inventory
Reporting Form R and Instructions: Revised
1994 Version"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA745-K-95-051

This document is the reporting form and
instructions used by facilities to provide EPA
with certain information required by §313 of
EPCRA The document also contains the §313
Toxic Chemical List and Federal Facility
reporting information. State designated §313
contacts and instructions for submitting the
automated Form R are also included in the
document.

TITLE:  "Compliance with the Emergency
Planning and Community Right-to-Know Act
of 1986 as Required Under Executive Order
12856: Questions and Answers"
AVAILABILITY: Hotline
EPA ORDER NO.: N/A

This document is designed to assist federal
facilities in complying with EPCRA as directed
by Executive Order 12856, entitled Federal
Compliance with Right-to-Know Laws and
Pollution Prevention Requirements. The
document contains background information
about EPCRA and the executive order, and it
provides questions and answers that provide
technical assistance in understanding
regulatory issues. Lists of useful reference
materials and regional contacts are also
provided in the document.

TITLE:  "Guidance for Implementing
Executive Order 12856: Federal Compliance
with Right-to-Know Laws and Pollution
Prevention Requirements"
AVAILABILITY: Hotline
EPA ORDER NO.: N/A

This document contains information used by
EPA to assist federal facility compliance with
Executive Order 12856, entitled Federal
Compliance with Right-to-Know Laws and
Pollution Prevention Requirements. The
document contains guidance developed by
EPA to provide consistent interpretation of the
language found in the executive order.
Appendices to the document also provide
discussion of the regulatory practices unique to
compliance with community right-to-know
regulations.

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  New Publications
                                March 1995
  TITLE:  "1993 Toxics Release Inventory
  Public Data Release: Executive Summary"
  AVAILABILITY: Hotline
  EPA ORDER NO.: EPA745-S-95-001

  This document summarizes the information
  contained in the 1993 Toxics Release
  Inventory Public Data Release. The report is
  generated from information contained in the
  TRI database.  It summarizes the data collected
  for calendar year 1993, and provides
  comparisons to basic data for 1991 and 1992.
  The report contains information about releases
  and transfers of toxic chemicals and prevention
  and management of toxic chemicals in waste.
  The summary is also available on the Internet.

  TITLE:  "1993 Toxics Release Inventory
  Public Data Release: State Fact Sheets"
  AVAILABILITY: Hotline
  EPA ORDER NO.: EPA745-F-95-002

  This document is designed as a companion
  volume to EPA's 1993 Toxics Release
  Inventory Public Data Release. The fact sheets
  in the document summarize the 1993 Toxics
  Release Inventory  (TRI) data for each state.
  Each fact sheet includes a map of the state
  indicating the location of each facility
  reporting to the TRI, the amount of on-site
  releases, and the five chemicals with the
  largest quantity of releases. Contacts for
  additional information are also presented. The
  document and is also available on the Internet.

  TITLE:  "1993 Toxics Release Inventory
  Public Data Release"
  AVAILABILITY: Hotline
  EPA ORDER NO.: EPA745-R-95-010

  This document, which is generated from
  information contained in the TRI database,
  summarizes data collected for calendar year
  1993 and compares basic data from 1991 and
  1992. It includes information about releases
and transfers of toxic chemicals, prevention
and management of toxic chemicals in waste,
and year-to-year comparisons of the data. It
also contains questions and answers relating to
TRI, and a list of state contacts for additional
information. This document is available on the
Internet.

TITLE: "Fact Sheet: Supplemental Notice to
Proposed Rule for Risk Management Planning;
CAA§112(r)"
AVAILABILITY:  Hotline
EPA ORDER NO.: N/A

This fact sheet outlines the information
contained in the supplemental notice to the
proposed rule for risk management planning
under the CAA § 112(r).  The proposed rule
was published in the Federal Register on
October 20,1993. In response to public
comments, EPA  has issued a  supplemental
notice proposing modifications and additions
to the proposed rule. EPA is  requesting
additional comments on several issues
pertaining to facility and hazard assessment
requirements as well as state implementation
of the rule.
10

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 March 1995                                                           New Publications
                OTHER
TITLE: "Monthly Hotline Report"
AVAILABILITY: NTIS
NTIS ORDER NO.: See below

Yearly Subscription  PB95-922 400
                   530-R-95-002

January 1995        PB95-922 401
                   530-R-95-002a

February 1995       PB95-922 402
                   530-R-95-002b

March 1995         PB95-922 403
                   530-R-95-002c
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.

The complete text of the 1993, 1994, and 1995
Monthly Hotline Reports may be accessed via
the Internet using a gopher. From the EPA
Core Server at gopher.epa.gov, follow  this
pathway: EPA Offices & Regions --> Office of
Solid Waste & Emergency Response --> OSW
(RCRA) --> RCRA: General --> RCRA/UST,
Superfund & EPCRA Hotline Reports,
                                                                                 11

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                             FEDERAL REGISTERS
            FINAL RULES
 RCRA
"Iowa; Final Approval of State
  Underground Storage Tank Program"
  March 7,1995 (60 FR 12630)

  EPA has made the decision that Iowa's
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. Final approval shall  be effective at
1:00 pm eastern time on May 8,1995.

"Iowa; Final Approval of State
  Underground Storage Tank Program"
  March 7,1995 (60 FR 12631)

  EPA is codifying its approval of the Iowa
underground storage tank program in 40 CFR
Part 282.  Only those provisions of the Iowa
program for which approval has been granted by
EPA will be incorporated by reference for
enforcement purposes. EPA retains the
authority under §§9005 and 9006 of Subtitle I to
undertake inspections and enforcement actions
in Iowa, therefore the approved Iowa
enforcement authorities will not be incorporated
by reference. This regulation is effective May 8,
1995, unless EPA publishes a prior Federal
Register notice withdrawing this immediate
final rule. All comments on this codification of
Iowa's underground storage tank program must
be received on or before April 6,1995.
 "Utah; Final Approval of State
  Underground Storage Tank Program"
  March 8,1995 (60 FR 12709)

  EPA has made the decision that Utah's
 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. Final approval shall be effective at
 1:00 pm eastern time on April 7,1995.

 "South Dakota; Final Approval  of State
  Underground Storage Tank Program"
  March 16,1995 (60 Ffl 14334)

  EPA has made the decision that South Dakota's
 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. Final approval shall be effective at
 1:00 pm eastern time on May 15,1995.

 "South Dakota; Final Approval  of State
  Underground Storage Tank Program"
  March 16,1995 (60 FR 14334)

 EPA is codifying its approval of the South
 Dakota underground storage tank program in 40
 CFR Part 282. Only those provisions of the
 South Dakota program for which approval has
 been granted by EPA will be incorporated by
reference for enforcement purposes. EPA
retains the authority under §§9005 and 9006 of
                                                                                   13

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  Federal Registers
                             March 1995
                                    FINAL RULES
  Subtitle I to undertake inspections and
  enforcement actions in South Dakota, therefore
  the approved South Dakota enforcement
  authorities will not be incorporated by reference.
  This regulation is effective May 15,1885, unless
  EPA publishes a Federal Register notice
  withdrawing this immediate final rule. All
  comments on this codification of South Dakota's
  underground storage tank program must be
  received on or before April 17,1995.

  'Texas; Final Approval of State
    Underground Storage Tank Program"
    March 17,1995 (60 EB14372)

    EPA has made the decision that Texas'
  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. Final approval shall be
  effective at 1:00 pm eastern time on April 17,
  1995.

  CERCLA

  "National Priorities List;  Kent City Mobile
    Home Park Site"
    March 20,1995 (60 Efi 14645)

    EPA announced the deletion of the Kent City
  Mobile Home Park Site, located in Kent City,
  Michigan, from the National Priorities List.  The
  Agency published a notice of its intent to delete
  the site on November 8,1994 (59 EE 55606).
  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 The effective date of this
  action is March 20,1995.
"National Priorities List; Crystal City
 Airport Superfund Site"
 March 23,1995 (60 FJR 15247)

 EPA announced the deletion of the Crystal City
Airport Superfund Site in Crystal City, Texas,
from the National Priorities List. EPA published
a notice of intent to delete the site on
January 4,1995 (59 ER 422). EPA and the State
of Texas 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 March 23,1995.

"National Priorities List; Radium
 Chemical Company"
 March 24,1995 (60 FR 15489)

 EPA announced the deletion of the Radium
Chemical Company Site in Woodside, New
York, from the National Priorities List The
closing date for comments on the Notice of
Intent to Delete was December 9,1994.  EPA
received no verbal or written comments. EPA
and the State of New York determined that no
further cleanup under CERCLA is appropriate
and that remedial actions at the site have been
protective of public health, welfare, and the
environment. The effective date of this action is
March 24,1995.

"National Oil and Hazardous Substances
 Pollution Contingency Plan; CERCLIS
 Definition Change"
 March 29,1995 (60 Ffi 16053)

 EPA is adopting new procedures for
maintaining its Comprehensive Environmental
Response Compensation and Liability
Information System (CERCLIS).  The Agency
has decided to remove from CERCLIS those -
14

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March 1995
                            Federal Registers
sites that do not warrant further evaluation under
Superfund.  EPA is formally amending the
CERCUS definition in 40 CFR §300.5 to
implement this procedural change. The effective
date of this rule is March 29,1995.

EPCRA

'Toxic Chemical Release Reporting;
  Technical Amendment"
  March 10,1995 (60 EB13047)

  In the November 30,1994, Federal Register (59
ER 61432), EPA added 286 chemicals to the
§313 list of toxic chemicals. The Agency is
correcting seven errors and clarifying one listing
from this final rule. Specifically, EPA is
correcting five typographical errors, removing
the listing for flumetralin, which the Agency has
deferred for listing, and correcting the chemical
formula for the polychlorinated alkanes category.
In addition, EPA is clarifying the listing for the
polychlorinated alkanes category. These
corrections are effective March 10,1995.
         PROPOSED RULES
RCRA
"Land Disposal Restrictions;
  Decharacterized Wastewaters,
  Carbamate and  Organobromine Wastes,
  and Spent Potliners."
  March 2,1995 (60 EB 11702)

  As part of its Land Disposal Restrictions (LDR)
program, EPA is proposing treatment standards
for wastes derived from the production of
carbamate pesticides, organobromine flame-
retardants, and luminum. In addition, the Agency
is also proposing to revise the treatment standards
for characteristic hazardous wastes.  Currently,
these wastes are not regulated, once the
characteristic is removed, when managed in
Clean Water Act/Clean Water Act-equivalent
systems, or when injected into deepwells
regulated under the Safe Drinking Waster Act.
EPA proposes to revise its treatment standards to
require treatment to remove the characteristic, as
well as to treat any underlying hazardous
constituents that are in the waste. EPA is also
proposing to codify that filling in holes in the
ground with hazardous waste is illegal disposal.
Finally, the Agency is proposing to codify its
policy prohibiting the combustion of certain
metal-bearing wastes under the dilution
prohibition.

"Federal Facilities Compliance Act of
 1992 Amendments"
 March 22,1995 (60 EB 15208)

 The Federal Facility Compliance Act of 1992
(FFCA) clarified that EPA has explicit authority
to issue administrative enforcement orders to
other federal agencies that are in violation of
RCRA. Further, it provides that no
administrative enforcement order issued  to a
department, agency, or instrumentality of the
federal government becomes final until the
department, agency, or instrumentality has an
opportunity to confer with the EPA
Administrator. EPA is proposing a technical
revision of its administrative rules of practice to
provide a federal department, agency, or
instrumentality, which is the subject of an
administrative enforcement order, with the
opportunity to confer with the Administrator as
required by the FFCA. Comments on this
proposed rule must be received on or before
April 21,1995.
                                                                                      15

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  Federal Registers
                             March 1995
  CERCLA

  "National Priorities List; Dakhue Sanitary
   Landfill Site"
   March 15,1995 (60 £B 13944)

   EPA announced its intent to delete the Dakhue
  Sanitary Landfill Site, located in Dakota County,
  Minnesota, from the National Priorities List.
  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. Comments concerning the site
  may be submitted on or before April 14,1995.

  "National Priorities List; Koch Refining
   Company Site"
   March 23,1995 (60 FR 15273)

   EPA announced its intent to delete the Koch
  Refining Company Site, located in Rosemount,
  Minnesota, from the National Priorities List.
  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. Comments concerning the site
  may be submitted on or before April 24, 1995.
                 NOTICES
  RCRA

  "Ores and Minerals; Additional Data
   Available on Wastes from Extraction
   and Beneficiation"
   March 1,1995 (60 FR 11089)

   EPA announces the availability of several
  documents concerning the mining industry.  In
  particular, the Agency is making available
  documents on the extraction and beneficiation
  practices of various mineral sectors, mining
waste management and engineering practices,
and the history of EPA's mining waste activities.
The documents will be available in hard copy as
well as will be accessible on the Internet In
addition, EPA anticipates making several of the
documents available in Spanish by May 1995.

"Extension of Comment Period for the
 Proposed Identification and Listing of
 Hazardous Waste; Dye and Pigment
 Industries"
 March 7,1995 (60 £B 12525)

 EPA is extending the comment period on the
December 22,1994 (59 FR 66072), proposal to
list several wastes generated during the
production of dyes and pigments. The comment
period, originally scheduled to close on
March 22,1995, will now end on July 19,1995.

"Postponement of Public Hearing on the
 Proposed Identification and Listing of
 Hazardous Waste; Dye and Pigment
 Industries"
 March 7,1995 (60 FR 12525)

 EPA is postponing the public hearing  on the
December 22,1994 (59 FR 66072), proposal to
list several wastes generated during the
production of dyes and pigments. The hearing
was previously scheduled for March 15,1995.
The Agency has not set a new date for the
meeting.

"New York; Final Determination of Full
 Program Adequacy of State Municipal
 Solid Waste Permit Program"
 March 14,1995 (60 FR 13722)

 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 determination is March  14,1995.
16

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 March 1995
                            Federal Registers
                                     NOTICES
 "Paper Products Recovered Materials
  Advisory"
  March 15,1995 (60 EB14182)

  EPA is announcing the availability of a draft
 Paper Products Recovered Materials Advisory
 Nonce (RMAN) and Draft Paper Products
 RMAN-Supporting Analyses. The RMAN
 contains recommendations for procuring
 agencies to use when purchasing paper and paper
 products in accordance with §6002 of RCRA.
 The supporting analyses contain detailed
 information concerning the recommendations
 found in the RMAN. Comments on the draft
 RMAN must be submitted to EPA on or before
 May 15,1995.

 "Flow Control and Municipal  Solid
  Waste"
  March 21,1995 (60 FR 14937)

  The 102nd Congress directed EPA to review
 flow control as a form of Municipal Solid Waste
 (MSW) management.  Flow controls are legal
 provisions that allow state and local governments
 to designate where MSW must be taken for
 processing, treatment, or disposal.  Specifically,
 Congress asked EPA to review and compare
 states with and without flow control authority, to
 identify the impact of flow controls on human
 health and the environment, and to identify the
 impact of flow controls on human health and the
 environment  In addition, Congress directed
 EPA to describe the impacts of flow control on
 the development of state and local waste
 management and on the achievement of state and
 local goals set for source reduction, materials
 reuse, and recycling. EPA is announcing the
 availability of its completed Report to Congress
"on these issues. The document is available in
 hard copy from the National Technical
 Information Service, as well as electronically on
 the Internet.
"Maryland; Partial Program Adequacy
  Determination of the Municipal Solid
  Waste Permit Program"
  March 21,1995 (60 FR 14938)

  Pursuant to RCRA §4005(c)(l)(C), EPA gave
notice of a tentative determination, public
hearing, and public comment period concerning
the adequacy of Maryland's municipal solid
waste landfill permit program. The public
hearing is scheduled for May 17,1995.
Comments must be submitted on or before
May 19,1995.

"Science Advisory Board; Hazardous
  Waste Identification Rule (HWIR)
  Subcommittee; Open Meeting"
  March 27,1995 (60 Ffi 15761)

  The Hazardous Waste Identification Rule
(HWIR) Subcommittee of the Science Advisory
Board will hold an open meeting on April 26 and
27,1995, in Washington, DC. The purpose of
the meeting is to review the Agency's draft multi-
media, multi-pathway risk analysis being
developed to support HWIR.

RCRA/CERCLA

"National Priorities List for Uncontrolled
  Hazardous Waste Sites; Deletion Policy
  for Resource Conservation and
  Recovery Act Sites"
  March 20,1995 (60 FR 14641)

  EPA is announcing its policy of deleting RCRA
facilities from the NPL before a cleanup is
complete if the site is being, or will be,
adequately addressed by the RCRA corrective
action program under an existing permit or order.
This deletion policy applies to sites on the NPL
that are RCRA-regulated facilities engaged in
treatment, storage, or disposal of hazardous

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  Federal Registers
                             March 1995
                                       NOTICES
  waste, but does not apply to federal facility sites.
  The Agency requested comment on this policy on
  December 21,1988 (53 EE 51421). In onier to
  be eligible for deletion from the NPL based on
  deferral to RCRA corrective action authorities, a
  site must meet the following criteria: 1) if
  evaluated under EPA's current RCRA/NPL
  deferral policy, the site would be eligible for
  deferral from listing on the NPL; 2) the CERCLA
  site is currently being addressed by RCRA
  corrective action authorities under an existing
  enforceable order or permit containing corrective
  action provisions; 3) response under RCRA is
  progressing adequately; and 4) deletion would not
  disrupt an ongoing CERCLA response action.
  This policy is effective April 19,1995. .

  CERCLA

  "Proposed Administrative Settlement;
    Arkla Hunnewell Compressor Station
    Site"
    March 1,1995 (60 FR 11084)

    EPA proposed to enter into an  administrative
  settlement under CERCLA §122(h). The
  proposed settlement requires the settling party to
  reimburse the Hazardous Substance Superfund
  $130,938.25 for response costs incurred in
  connection with the Arkla Hunnewell
  Compressor Station Site in Hunnewell, Kansas.
  The Agency will receive comments for a period
  of 30 days from the date of publication.

  "Proposed Consent Decree; Bailey Waste
    Disposal Site"
    March 1,1995 (60 FB11113)

    A Consent Decree in United States v. Allied
  Signal Inc.. et al.. was lodged with the U.S.
  District Court for the Eastern District of Texas on
  February 16,1995. The proposed  settlement
  requires the settling parties to reimburse the
Hazardous Substance Superfund for response
costs incurred in connection with the Bailey
Waste Disposal Site in Orange County, Texas.
In particular, the settling parties will pay either
85.3 percent of 20 percent of those funds
expended by the Bailey Task Force in completing
its remedial action, pursuant to a Consent Decree
entered in a related action, United States v. BFI
or $2,600,000, whichever is greater. If the claims
submitted by the Bailey Task Force total less
than $2,600,000, then the settling parties shall
pay the United States 100 percent of the total
claims submitted under the Mixed Funding
Consent Decree. DOT will receive comments for
a period of 30 days from the date of publication.

"Proposed Consent Decree; New
  Hanover County Airport Burn Pit
  Superfund Site"
  March 2,1995 (60 Ffi11679)

  A  Consent Decree in United States v. Cape Fear
Community College, et al.. was lodged with the
U.S. District Court for the Eastern District of
North Carolina on February 21,1995.  The
proposed settlement requires the settling parties
to reimburse the Hazardous Substances
Superfund for 100 percent of the response costs
incurred in connection with the New Hanover
County Airport Bum Pit Superfund Site.  DOJ
will receive comments for a period of 30 days
from the date of publication.

"Proposed Administrative Settlement;
  Rockaway Borough Well Field
  Superfund Site"
  March 3,1995 (60 Ffi11974)

  EPA proposed to enter into an administrative
settlement under CERCLA §122(h). The
proposed settlement requires the settling parties
to reimburse the Hazardous Substance Superfund
$859,365 for response costs incurred in
18

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March 1995
                            Federal Registers
                                      NOTICES
connection with the Rockaway Borough Well
Field Superfund Site, in Rockaway, New Jersey.
The Agency will receive comments for a period
of 30 days from the date of publication.

"Proposed Partial Consent Decree;
  Smuggler Mountain Superfund Site"
  March 13,1995 (60 EB13451)

  A Partial Consent in United States v. Smuggler-
Durant Mining Corporation, et al.. was lodged
with the U.S. District Court for the District of
Colorado, on February 10,1995. The proposed
settlement requires the settling parties to
reimburse the Hazardous Substance Superfund
$1,700,000 for costs incurred in connection with
the Smuggler Mountain Superfund Site in Aspen,
Colorado. The decree provides the settling
parties a covenant not to sue for past and future
response costs or response actions at the site, as
well as a limited covenant for natural resource
damages on Operable Unit 1 of the site.  In
addition, the decree resolves potential
counterclaims by the settling parties against the
United States for any activities conducted on-site
by any instrumentality of the United States. DOJ
will receive comments for a period of 30 days
from the date of publication.

"Proposed Consent Decree; Missouri
  Electric Works, Inc. Superfund Site"
  March 16,1995 (60 EB 14305)

  A Consent Decree in United States v. Missouri
Electric Works. Inc. et al.. was lodged with the
U.S. District Court for the Eastern District of
Missouri, Southeastern Division, on March 9,
1995. The proposed settlement requires the
settling parties to pay $190,000 and one half of
the net proceeds over $75,000 resulting from the
sales of the inventory of Missouri Electric Works
Inc. These payments will reimburse the
Hazardous Substance Superfund for costs
incurred in connection with the Missouri Electric
Works, Inc. Superfund Site in Cape Girardeau,
Missouri. DOJ will receive comments for a
period of 30 days from the date of publication.

"Proposed Consent Decree; Arrowhead
  Refining Co. Site"
  March 21,1995 (60 EB 14963)

  A Consent Decree in United States v.
Arrowhead Refining Co.. et al.. was lodged with
the U.S. District Court for the District of
Minnesota on March 9,1995. The proposed
settlement requires 44 settling parties to perform
one component of the remedial action at the
Arrowhead Refining Co. Site at an estimated cost
of $12.52 million.  In addition, these parties must
pay an additional $134,800 to federal and state
natural resource trustees for use in habitat
restoration projects. One hundred and sixty-five
other parties will contribute financially to the 44
settling parties' performance of the remedial
action. This settlement was pan of EPA's Mixed
Funding Pilot Project.  DOJ will receive
comments for a period of 30 days from the date
of publication.

"Proposed Modification of Consent
  Decree; Libby Groundwater National
  Priorities List Superfund Site"
  March 21,1995 (60 Ffi 14963)

  A Modification of Consent Decree in United
States v. Champion International Corporation
was lodged with the U.S. District Court for the
District of Montana on February 27,1995. The
Consent Decree was originally entered on
October 18,1989, and required the settling party,
inter alia, to implement the remedial actions
outlined in the December 1988, Record of
Decision for the Libby Groundwater National
Priorities List Superfund Site, located in Libby,
Montana. The proposed Modification of Consent
                                                                                      19

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    Federal Registers
                               March 1995
                                         NOTICES
   Decree requires the settling party to implement
   the September 1993, Explanation of Significant
   Difference (ESD). This ESD waives the soil
   remediation levels for certain constituents as well
   as selects monitoring and institutional controls on
   usage as a final remedy for the deep aquifer.
   DOJ will receive comments for a period of 30
   days from the date of publication.

   "Proposed Consent Decree; Arrowhead
    Plating Superfund Site"
    March 21,1995 (60 Ffi 14964)

    A Consent Decree in United States v. Scovill.
   Inc. was lodged with the U.S. District Court for
   the Eastern District of Virginia, on March 2,
   1995. The proposed settlement requires the
   settling parties to reimburse the Hazardous
   Substances Superfund $339,811.48 for response
   costs incurred at the Arrowhead Plating
   Superfund Site in Montross, Virginia. The
   decree reserves the right of the United States to
   recover future response costs and to seek further
   injunctive relief against the settling defendants
   for conditions at the site that are unknown at the
   time of entry of this decree. DOJ will receive
   comments for a period of 30 days from the date
   of publication.

   "Proposed Consent Decree; Montie Drum
    Site"
    March 23,1995 (60 F_fi 15308)

    A Consent Decree in United States v.
   Minnesota Mining and Manufacturing Co. was
   lodged with the U.S. District Court for the
   Eastern District of Michigan on March 8,1995.
   The proposed settlement requires the settling
   party to reimburse the Hazardous Substances
   Superfund $1,100,000 for response costs incurred
   in connection with the Montie Drum Site in
   Belleville, Michigan. In addition, the settling
party must pay $50,000 to settle civil penalty
claims arising from its alleged failure to fully and
accurately respond to information requests from
EPA.  DOJ will receive comments for a period of
30 days from the date of publication.

"National Priorities List; United States
 Army Fort Lewis Landfill No. 5 Site"
 March 27,1995 (60 F_fi15737)

 EPA announced its intent to delete the United
States Army Fort Lewis Landfill No. 5 Site,
located in Pierce County, Washington, from the
National Priorities List.  EPA and the State of
Washington 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 April 26,1995.

"Proposed Administrative Settlement;
 Lorentz Barrel and Drum Superfund
 Site"
 March 29,1995 (60 FR 16135)

 EPA proposed to enter into a de minimis
administrative settlement under CERCLA
§ 122(g). The proposed settlement requires the 88
settling parties to pay $1,853,545.51 to EPA and
$1,273,062.71 to the California Department of
Toxic Substances Control for response costs
incurred in connection with the Lorentz Barrel
and Drum Site in San Jose, California,  The
Agency will receive comments for a period of 30
days from the date of publication. If the Agency
receives a request for a public hearing within 30
days following the date of publication, EPA will
hold a public hearing to afford the public an
opportunity to comment on the proposed
settlement
20

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March 1995
                            Federal Registers
                                      NOTICES
"Proposed Administrative Settlement;
 Sparks Solvent Fuel Site"
 March 29,1995 (60 EB16136)

 EPA proposed to enter into an administrative
settlement under CERCLA §122(h). The
proposed settlement requires the settling party to
reimburse EPA its proportional share of the
response costs incurred in connection with the
Sparks Solvent Fuel Site in Sparks, Nevada. The
Agency will receive comments for a period of 30
days from the date of publication.

"Proposed Settlement Agreement;
 Buckeye Reclamation Landfill Site"
 March 30,1995 (60 FR 16503)

 A proposed Settlement Agreement was lodged
with the United States Bankruptcy Court for the
District of Pennsylvania on March 16,1995. The
proposed Settlement Agreement resolves certain
claims of the United States and the State of Ohio
under CERCLA and under state law relating to
the Buckeye Reclamation Landfill Site in
Belmont County, Ohio. In addition, the
agreement resolves certain claims of the United
States for pre-petition penalties under the Clean
Water Act (CWA) and the Clean Air Act (CAA).
Under the Settlement Agreement, inter alia, the
EPA will have an allowed general unsecured
claim of $1,252,846. DOJ will receive
comments for a period of 30 days from the date
of publication.

ATSDR

"List of Hazardous Substances;
 Toxicological Profiles"
 March 30,1995 (60 EB 16478)

 As mandated by CERCLA §104(i)(2), EPA and
ATSDR maintain a list, in order of priority, of the
hazardous substances found at NPL sites posing
the most significant potential threat to human
health. This listing is called the Priority List of
Hazardous Substances that will be the Subject of
Toxicological Profiles. ATSDR published the
list of the first 100 substances in 1987 (52 £E
12866), and has published additional substances
or reviewed the list annually since this original
Federal Register notice. Because the list has
remained rather stable during the past few years,
as well as because of the substantial resources
needed to publish and review the list, ATSDR is
announcing a proposed change in its publication
schedule. According to the proposal, the list
would be shifted to a 2-year publication schedule
with a yearly informal review and revision. The
informal review would result in an informal list
that would not be published in the Federal
Register, but would be made available upon
request. Comments on this notice must be
received on or before May 1,1995.

Environmental Justice

"Environmental Justice Community/
 University Partnership Grants Program"
 March 16,1995 (60 FR 14281)

 EPA is requesting applications for its
Environmental Justice Community/University
Partnerships Grants Program.  The main
objective of the program is to link members of a
community, who are directly affected by adverse
environmental conditions, with an academic
institution's staff. A minimum of four, $300,000
grants will be awarded for the Fiscal Year 1995.
Applications must be postmarked on or before
May 17,1995.
                                                                                     21

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   Federal Registers                                                         March 1995
                                      NOTICES
  Science Advisory Board

  "Radiation Advisory Committee;
    Notification of Public Advisory
    Committee Meetings"
    March 3,1995 (60 EB11971)

    The Science Advisory Board (SAB) announced
  that several of its committees will hold meetings,
  including the Radionuclide Qeanup Standards
  Subcommittee (RCSS) of the Radiation Advisory
  Committee. RCSS will meet on March 27,1995,
  to continue its review of the technical basis for
  the Agency's cleanup standards for radionuclides.
  The committee will be reviewing the draft
  documents Radiation Site Cleanup Regulations:
  Technical Support Document for the
  Development of Radionuclide Cleanup Levels
  for Soil. Review Draft and Radiation Site
  Cleanup Regulations: Technical Support
  Document for the Development of Radionuclide
  Geanup Levels for Soil. Appendices.

  TSCA

  "Disposal of Polychlorinated Biphenyls
    (PCBs); Informal Hearing"
    March 10,1995 (60 Eg 13095)

    EPA intends to conduct an informal public
  hearing on the December 6,1994 (59 ER 62788),
  proposal to amend the TSCA rules for PCBs.
  The hearing will take place on May 2,1995, in
  Arlington, Virginia. Requests to participate in
  the hearing must be received on or before
  April 6,1995.
22

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                            CALL ANALYSES
                         CALLS ANSWERED BY HOTLINE
                              March Daily Volume*
350
                                                                RCRA/UST

100 -

 50 •
1 - 1 - 1 - 1
1
    EPCRA and
     Superfund


H	1	1	1	1	1-
                                                      Documents
1
1 - 1
1
                                                             1 - 1 - 1 - 1 - 1
                                                                              1
    1   2  3
                        9  10 13  14  15 16  17  20 21  22  23 24  27 28  29  30  31

                                        Day
                                  Year to Date*
RCRA/UST
January
February
March
Month
6,017
5,984
6,953
Cumulative
6,017
12.001
18,954
EPCRA and Superfund
January
February
March
Month
3,432
4,284
3,892
Cumulative
3,432
7,716
1 1 ,608
Documents
(All Proa ram Areas)

January
February
March
Month
4,389
4,191
5,402
Cumulative
4,389
8,580
13,982
    *A11 calls answered by the Call Management System, the Message Retrieval Line, and the Document Retrieval Line.
                                                                             23

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   Call Analyses
March 1995
                            QUESTIONS ANSWERED BY TYPE
                                    March Daily Volume*
                                                             Regulatory
                                                                                       \|12.817|
'"— — **••»
	 1 1 1 	 1 	 1 	 L
Referral/Transfer
— .-^" — X. _ >
.1 	 1 1 	 1 1 1 —
X»— »^ ^«^ .-_ ^'^ rT747
• ^*»»*^' • *•*»,
— i 	 1 	 1 	 1 	 1 	 1 	 1 i 	 1 i
           2  3   6   7   8   9   10  13 14  15  16  17  20 21  22  23  24 27 28  29  30  31
                                               Day

                                        Year to Date*
Regulatory
January
February
March
Month
12,045
11,182
12,817
Cumulative
12,045
23,227
36,044
Document

January
February
March
Month
5,285
5,301
6,643
Cumulative
5,285
10,586
17,229
Referral/Transfer

January
February
March
Month
1,518
1,689
1,747
Cumulative
1,518
3,207
4,954
   * 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.
24

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March 1995
Call Analyses
                    QUESTIONS ANSWERED BY PROGRAM AREA
                                       March 1995*
 'Based on 19,460 questions and excludes 1,747 referrals and transfers made from both Hotlines.  Includes the
  Message Retheval Line and the Document Retrieval Line.
                                       Year to Date*
January
February
March
RCRA
Month
56%
(9,725)
52%
(9,474)
55%
(11,738)
Cumulative
56%
(9,725)
54%
(19.199)
55%
(30,937)
UST
Month
6%
(1,012)
5%
(951)
6%
(1,290)
Cumulative
6%
(1,012)
5%
(1 ,963)
6%
(3,253)
EPCRA
Month
24%
(4,215)
29%
(5,261)
23%
(4,904)
Cumulative
24%
(4,215)
27%
(9,476)
25%
(14,380)
Superfund
Month
14%
(2,378)
14%
(2,486)
16%
(3,275)
Cumulative
14%
(2,378)
14%
(4,864)
14%
(8,139)
                                                                                   25

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   Call Analyses
                                   March 1995
                                  CALLER PROFILE
                                  RCRA/UST Hotline

                     Regulated Community                    7,214
                     Citizens                                  276
                     State & Local Govt./Native American          352
                     Federal Agencies                          164
                     Educational Institutions                     170
                     EPA                                      83
                     Media                                    26
                     Interest Groups                             37
                     Congress                                   7
                     International                                4
                     Other                                     92
                     Referrals*                                553
                     Transfers to EPCRA/Superfund Hotline*       447
                     Document Retrieval Line*                   301
                     Message Retrieval Line*                    522
                     TOTAL

                           Citizens
                    10,248
            State & Local Govt./
             Native American
                      4%
             All Others
                5%
Federal Agencies
      2%
                                                 Regulated
                                                 Community
       ' No caller profile data available.
26

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March 1995
                                    Call Analyses
              Emergency Planning and Community Right-to-Know Act/
                                  Superfund Hotline
   Manufacturers

     Food/Tobacco                   82
     Textiles                         26
     Apparel                         14
     Lumber & Wood                 33
     Furniture                        21
     Paper                           39
     Printing & Publishing             43
     Chemicals                      198
     Petroleum & Coal               125
     Rubber and Plastics               38
     Leather                         14
     Stone, Clay & Glass              35
     Primary Metals                   52
     Fabricated Metals                87
     Machinery (Excluding Electrical)   24
     Electrical&Electronic Equipment   70
     Transportation Equipment         22
     Instruments                      18
     Misc. Manufacturing             166
     Subtotal                      1,107
     Consultants/Engineers               2,379
     Attorneys                          391
     Citizens                            305
     Public Interest Groups                 41
     Educational Institutions               109
     EPA                                93
     Federal Agencies                    161
     GOCOs                              9
     Congress                             1
     State Officials/SERCs                 97
     Local Officials/LEPCs                 82
     Fire Departments                     21
     Hospitals/Laboratories                 74
     Trade Associations                    57
     Union/Labor                          7
     Farmers                              6
     Distributors                          25
     Insurance Companies                   9
     Media/Press                          27
     Native Americans                      4
     International                          3
     Other                              119
     Referrals*                          321
     Transfers to RCRA/UST Hotline*      426
     Document Retrieval Line*             44
     Message Retrieval Line*               81

     TOTAL                           5,999
                Attorneys
                  8%
                                Citizens
                                   6%
All Others
  18%
                                                   Consultants/
                                                   Engineers
                                                      46%
 ' No caller profile data available.
Manufacturers
    22%

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   Call Analyses
                                       March 1995
                                  HOTLINE TOPICS
   RCRA
   RCRA GENERAL
   SUBTITLE C
   Hazardous Waste Id. - General
    Toxicity Characteristic (TC)
    Wood Preserving Wastes
    Listing of Used Oil
    Huff
    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
  983

1,918'
  276
   32
   37
    1
  432
   43
   21
 3651
 7S41
  316
   97
   38
 6351
   92
  124
   85
   13
    8
1,078'
  172
  337
  162
  188
   31
  166
   33
   77
   75
   13
   Waste Minimization/Pollution Prevention 183
   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
  119
   50
    9

  273
  5491
   22
  121
   36
 5291
   16
   21
   11
   25
   35
   37
  193
Composting                            22
Markets - General                       40
 Aluminum                             3
 Batteries                             14
 Compost                              9
 Glass                                12
 Paper                                 7
 Plastics                               15
 Tires                                 21
 Used Oil                             71
Procurement General                    94
 Building Insulation                      5
 Cement/Cement Products with Fly Ash     8
 Paper and Paper Products              117
 Re-Refined Lubricating Oil               8
 Retread Tires                          13
Source Reduction/Pollution Prevention     78
Grant and Financing                      8
OTHER WASTES
Ash                                   62
Bevill Amendment (Mining Waste)        68
Medical Waste                         217
Oil and Gas                            15

TOTAL                          11,738*
* Includes 3,549 RCRA document requests.


UST

General/Misc.                        3111
Applicability/Definitions                165
Regulated Substances                    61
Standards for New Tank Systems          58
Tank Standards and Upgrading           103
Operating Requirements                 36
Release Detection                      156
Release Reporting & Investigation         49
Corrective Action for USTs              122
Out-of-Service/Closure                  86
Financial Responsibility                 59
State Programs                          18
Liability/Enforcement                   45
LUST Trust Fund                       21

TOTAL                           1,290*
* Includes 565 UST document requests.
28
    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.

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March 1995
                                   Call Analyses
 EMERGENCY PLANNING AND
 COMMUNITY RIGHT-TO-KNOW

 General:
  General Title m Questions          5391
  Trade Secrets                        13
  Enforcement                         35
  Liability/Citizen Suits                 15
  Training                            30
  Chemical-Specific Information         47

 Emergency Planning (§§301-303):
  General                             82
  Notification Requirements             40
  SERC/LEPC Issues                   36
  EHSs/TPQs                         72
  Risk Communication/
   Hazards Analysis                    20
  Exemptions                         10
 Emergency Release Notification (§304):
  General                             71
  Notification Requirements             63
  Reportable Quantities                 96
  CERCLA §103 vs. SARA §304         52
  ARIP/AHEDB/ERNS                  7
  Exemptions                         15
 Hazardous Chemical Reporting
 (§§311-312):
  General                            157
  MSDS Reporting Requirements        106
  Tier I/II Requirements                343
  Thresholds                         147
  Hazard Categories                    28
  Mixtures Reporting                   58
  Exemptions                        124
 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
4631
26V
189
5141
 44
  7
 25
 19
108
109
 57
209
 96
       Special Topics:
        CAA§112
          General
          RMPs
          List of Regulated Substances
        Federal Facilities Executive Order
                                   1441
                                   1141
                                    47
                                    74
       TOTAL                          4,904
       includes 1,401 Emergency Planning and Community
       Right-to-Know document requests
SUPERFUND

General/Misc.                       269
Access & Information Gathering         46
Administrative Improvements
 General                            84
 Environmental Justice/Brownfields  1491
 S ACM/Presumptive Remedies        138
 Soil Screening Levels                 89
Administrative Record                 12
ARARs                            129
CERCLIS                          151
Citizen Suits                         16
Claims Against Fund                   2
Clean-Up Costs                       45
Clean-Up Standards                  139
Community Involvement               83
Contract Lab Program (CLP)            31
Contractor Indemnification              9
Contracts                            12
Definitions                          18
Enforcement                         87
Federal Facilities                      59
Hazardous Substances                127
HRS                                36
Liability                            141
Local Gov't Reimbursement            12
Natural Resource Damages             19
NCP                                54
Notification                          76
NPL                               2611
Off Site Rule                         16
OSHA                                9
PA/SI                               38
PRPs                                45
RD/RA                              30
Reauthorization                       24
 1 Hot topics for this month
 • Topics are calculated as the summation of all questions received by the Hotline. A single call may result in
  multiple questions.
                                                                                 29

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   Call Analyses                                                             March 1995


   Remedial                            135
   Removal                             38
   RVFS                                50
   Risk Assess./Health Effects              87
   ROD                                42
   RQ                                2701
   Settlements                           50
   SITE Program                         45
   State Participation                     18
   State Program                         12
   TAGs                                 9
   Taxes                                 8


   Special Topics
    Oil Pollution Act                      9
    SPCC Regulations                    26
    Radiation Site Cleanup                20


   TOTAL                         3,275*
   "Includes 1,128 Superfund document requests.
   TOTAL HOTLINE QUESTIONS,
   DOCUMENT REQUESTS AND
   REFERRALS:                    21,207
   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.

30

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