EPA530-R-95-002e<^
PB95-922 405
MONTHLY HOTLINE REPORT
May 1995
RCRA/UST, Superfund, and EPCRA
Hotline Questions and Answers
Resource Conservation and Recovery Act (RCRA) 1
Underground Sorage Tanks (UST) 2
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) 2
New Publications
Resource Conservation and Recovery Act (RCRA) 5
Underground Storage Tanks (UST) 6
Emergency Planning and Community Right-to-Know (EPCRA) 7
Other '. 7
Federal Registers
Final Rules 9
Proposed Rules 11
Notices 11
Call Analyses
Calls Answered 19
Caller Profiles 22
Hotline Topics 24
RCRA/UST, Superfund. and EPCRA
National Toil-Free No.: 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. Solid Waste Determination for
Spilled Commercial Chemical
Products
According to 40 CFR §2612, Table 1,
hazardous commercial chemical products,
when recycled, are exempt from RCRA
because they are not solid wastes. If a
manufacturer spills a commercial chemical
product into the soil and intends to reclaim
the spill residue, is the spill residue exempt
from RCRA standards?
The intent to recycle a commercial
chemical product spill residue does not
exempt the material from RCRA jurisdiction.
In fact, EPA has stated that contaminated soils
and other cleanup residues generally are solid
wastes because of the difficulty associated
with recycling wastes contained within
environmental media (54 £& 48494;
November 22,1989). Sometimes, however, a
spill residue can be returned to a process or
otherwise put to use, and thus remain exempt
from RCRA standards.
In order to dceaoostrate that a spill residue
is not a solid WM*, the generator has the
burden of proving that leprirmte recycling
will take place. The Agency has adopted
objective considerations to evaluate a
generator's claim that a spilled product will be
legitimately recycled. The length of time the
spill residue has existed is one such
consideration. In order to prove that
legitimate recycling will occur, a generator
may also show that recycling has already
begun, the material is valuable, the material
can feasibly be recycled and/or the company
has recycled such material in the past (55 FR
22671; June 1,1990).
In the absence of strong, objective
indicators of recycling or intent to recycle a
spill residue, "the materials are solid wastes
immediately upon being spilled because they
have been abandoned" (54 FR 48494;
November 22,1989), and must be managed in
accordance with all applicable RCRA
standards.
2. Restaurant Waste and the
Household Waste Exclusion
(§261.4(b)(1))
Are restaurant wastes excluded from
RCRA Subtitle C regulation as household
wastes per 40 CFR §261.4(b)(l)?
Wastes produced by restaurants are not
household wastes and therefore will not be
excluded from RCRA hazardous waste
regulation. The applicability of the household
waste exclusion is based on two conditions:
the place of generation and the type of waste
generated. 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. Restaurants do not serve as
temporary or permanent residences for
individuals and therefore do not meet both of
the criteria for household waste and will not
qualify for the household waste exclusion (49
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Hotline Questions and Answers
May 1995
EE 44978; November 13,1984). If however,
the restaurant is part of temporary or
permanent residence, the waste generated
would qualify for the household waste
exclusion as it would be generated on the
premises of a temporary or permanent
residence and be comprised primarily of
materials generated by consumers in their
homes.
3. UST Financial Responsibility:
Classification as a State or Local
Government
The underground storage tank (UST)
regulations in 40 CFR Part 280 require that
owners or operators of regulated petroleum
UST systems demonstrate financial
responsibility. State and federal government
entities are specifically exempt from the
federal UST financial responsibility
requirements (§280.90(c)). Does a public
transportation company, created by a state but
whose debts and liabilities are not those of a
state, qualify as a state government entity
exempt from the federal UST financial
responsibility requirements?
The public transportation company
referenced above does not qualify as a state
entity under the federal UST regulations.
Only state and federal government entities,
whose debts and liabilities are the debts and
liabilities of a state or the United States, are
exempt from UST financial responsibility
requirements (§280.90(c)). This company
would not be considered a state entity exempt
from UST financial responsibility because the
public transportation company's debts and
liabilities are not those of a state.
Although this company does not qualify as
a state entity, it may be considered a local
government entity. Local government entities
are created under state law and include general
purpose local governments and special
purpose local government entities. A special
purpose local government entity is defined as
a government entity created to perform a
single or limited range of functions. A public
transportation company is a typical example
of a special purpose local government entity,
but whether or not a particular public
transportation company qualifies as a local
government is ultimately a matter of state law
(40 CFR 280.92 (definition of local
government) and 58 ER 9030; February 18,
1993). Therefore, if the public transportation
company cited above qualifies as a local
government under applicable state law, it can
use the local government financial
responsibility mechanisms (§280.104 through
§280.107), as well as the standard financial
responsibility mechanisms (§280.95 through
§280.103) in order to satisfy the federal UST
financial responsibility requirements (Subpart
H of 40 CFR Part 280).
CERCLA
4. No Further Response Action
Planned (NFRAP) Sites and the
CERCLA Information System
(CERCLIS)
The CERCLA Information System
(CERCUS) is the database and management
system used by EPA to track activities at sites
considered for cleanup under CERCLA.
CERCLIS also contains information about
sites that, according to EPA, do not warrant
further action in the site evaluation process.
These sites are given a No Further Response
Action Planned (NFRAP) designation in
CERCLIS. Under the definition of CERCUS,
a NFRAP designation indicates that no
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May 1995 Hotline Questions and Answers
additional federal steps under CERCLA will be
taken at the site unless information is found
indicating that further action is necessary (40
CFR§3003). Can a site with a NFRAP
designation ever be removed from CERCLIS?
Yes. Even though sites with a NFRAP
designation are not undergoing any response
action, EPA has received comments stating that
their inclusion in the CERCLIS database has
caused a negative stigma to be associated with
the sites. This unintended stigma has resulted
in the disincentive to purchase, improve,
redevelop, and revitalize NFRAP sites. As a
result of the problems associated with the
stigma, EPA published a final rule in the
Federal Register on March 29, 1995, which
amended the definition of CERCLIS to
specifically exclude NFRAP sites from the
CERCLIS database (60 EB. 16053).
Previously, the definition of CERCLIS
stipulated that sites remain in the database after
completion of evaluations in order to record the
actions that were taken and to preclude the
possibility of repetition. The amended
definition states that NFRAP sites will be
placed in a separate archival database which
serves as a mechanism to record activities
taken at NFRAP sites and prevent duplicative
efforts. This final rule does not affect any EPA
enforcement decisions, and sites in the NFRAP
database will still not undergo any enforcement
action unless new information is found that
would alter tfaU determination.
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HOW TO ORDER
NTO Publications are available by calling (703) 487-4650, or writing NT1S, 5285 Port Royal Road,
Springfield, VA 22161. Use the NTIS Order Number listed under the document
EPA Publication* are available through the Hotline. Use the EPA Order Number listed under the document.
RCRA/UST, Superfund, and EPCRA
National Toil-Free No.: 800-424-9346
Local: 703-412-9810
TDD National Toll-Free No.: 800-553-7672
RCRA
TITLE: "Cost and Economic Impact Analysis
of the Proposed Conditionally Exempt Small
Quantity Generator (CESQG) Rule"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-208948
This report presents a cost and economic
impact analysis for proposed revisions to the
Criteria for Classification of Solid Waste
Disposal Facilities and Practices (40 CFR Part
257) and Identification and Listing of
Hazardous Waste (40 CFR Part 261). EPA has
estimated the incremental costs of a proposed
rule and examined its proposed effects on
small businesses. This report also discusses
the methodology and results of the cost
analysis, as well as its limitations.
TITLE: "Life Cycle Assessment: Public Data
Sources for tta LCA Practitioner"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-191 227
The life-cycle assessment is a systematic
method for identifying, evaluating, and
minimizing the environmental consequences of
resource usage and environmental releases
associated with a product or process. This
document provides life-cycle assessment
practitioners (LCAs) with descriptions of non-
bibliographic databases which may be used as
resources when preparing LCAs. The
document lists how the information for each
database is obtained, options for sorting the
data, size of the database, system type, and
how it is accessible. The document also
references on-going studies and foreign
databases which are useful.
TITLE: "Damage Cases: Construction and
Demolition Waste Landfills"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-208922
This report presents information on
environmental contamination that has resulted
from the operation of construction and
demolition (C & D) debris landfills which may
receive wastes from conditionally exempt ,
small quantity generators (CESQGs). The
report was developed to present the findings of
a study which was done to determine whether
the disposal of C & D debris in landfills has
led to the contamination of ground water,
surface water, or other ecological resources.
The report also discusses whether these
environmental damages can be attributed to
specific aspects of the facility such as the types
of waste received, design and operating
practices, and location.
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New Publications
May 1995
TITLE: "Construction and Demolition Waste
Landfills"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-208 906
This document contains information regarding
landfills that receive materials generated from
the construction or destruction of buildings,
roads, and bridges. Specifically, it addresses
the composition of construction and
demolition waste, the quality of the leachate
from construction and demolition waste
landfills, and an overview of the state
regulations applicable to these landfills. It also
contains a list of documents which provide
additional information regarding management
of construction and demolition wastes.
TITLE: "List of Industrial Waste Landfills
and Construction and Demolition Waste
Landfills"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-208914
This document contains information about the
number of industrial waste landfills and
construction and demolition waste landfills
that are active in the United States. It provides
a count of the landfills for each state, and the
name, address, and telephone number of the
contact who provided information about the
facility. The document also contains a list of
landfills in each state sorted by county, city,
and facility name.
TITLE: "Environmental Fact Sheet: EPA
Issues Comprehensive Procurement
Guideline"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-95-010
This fact sheet provides an overview of the
"Comprehensive Guideline for Procurement of
Products Containing Recovered Materials"
(CPG), which was published in the
Register, on May 1,1995 (60 ER 21370), and
its accompanying notice entitled "Recovered
Materials Advisory Notice" (RMAN) (60 ER
21386). The CPG designates 24 recycled-
content products in seven product categories
for which EPA advises federal procuring
agencies to develop affirmative procurement
programs. The RMAN provides
recommendations for purchasing products
designated in the CPG.
TITLE: "Environmental Fact Sheet: Final
Streamlined Regulations for Collecting and
Managing Universal Wastes"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-95-011
This fact sheet provides background
information and an outline of the key points of
the Universal Waste Rule which was published
in the Federal Register on May 11,1995 (60
ER 25492). The final rule promulgates
streamlined hazardous waste management
regulations governing the collection and
management of certain widely generated
wastes referred to as "universal wastes" which
include certain batteries, pesticides, and
mercury-containing thermostats.
UST
TITLE: "General Information on
Underground Storage Tanks"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA510-F-94-014
This brochure contains a list of common
underground storage tank publications and
videos. The brochure includes ordering
information pertaining to these documents.
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May 1995
New Publications
EPCRA
TITLE: "LandView; Fact Sheet"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA550-F-95-003
This fact sheet provides an overview of
LandView and LandView n which are
software tools that can be used to help local
communities evaluate environmental risks and
identify areas of concern for environmental
justice. The software tools were developed
through a joint venture between EPA, the
Bureau of the Census, and the National
Oceanic and Atmospheric Administration
(NOAA). LandView includes files detailing
the locations of roads, rivers, railroads, and
boundaries of states. LandView n expands
upon this information by providing files from
EPA databases such as the Biennial Reporting
System (BRS), the Comprehensive
Environmental Response, Compensation, and
Liability System (CERCLIS), and the Toxic
Release Inventory (TRI), in order to provide a
detailed network of the country's physical
features and related demographic information.
OTHER
TITLE: "Monthly Hotline Report"
AVAILABILITY: NTIS
NTIS ORDER NO.: See below
Yearly Subscription PB95-922 400
530-R-95-002
January 1995
February 1995
March 1995
April 1995
May 1995
PB95-922 401
530-R-95-002a
PB95-922402
530-R-95-002b
PB95-922 403
530-R-95-002c
PB95-922 404
530-R-95-002d
PB95-922 405
530-R-95-002e
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.
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FEDERAL REGISTERS
FINAL RULES
RCRA
"Comprehensive Guideline for
Procurement of Products Containing
Recovered Materials"
May 1,1995 (60 EB 21370)
Section 6002 of RCRA requires EPA to
designate items that are or can be produced with
iwovered materials and to recommend practices
for the procurement of designated items by
procuring agencies. Once EPA designates an
item, any procuring agency, when using
appropriated federal funds to procure that item,
shall purchase it with the highest percentage of
recovered material practicable. EPA is
promulgating a final regulation designating 19
new items that are or can be made with
recovered materials. The effective date of this
rule is May 1,1995.
"Tennessee; Final Authorization of State
Hazardous Waste Management
Program Revisions"
May 8,1995 (60 EB 22525)
EPA intends to approve revisions to
Tennessee's haaa«k>ut waste program under
RCRA. Final authorization will be effective
July 7,1995, unless EPA publishes a prior
action withdrawing this immediate final rule.
Comments must be received on or before
June?, 1995.
"Georgia; Final Authorization of State
Hazardous Waste Management
Program Revisions"
May 10,1995 (60 EB 24790)
EPA intends to approve revisions to Georgia's
hazardous waste program under RCRA. Final
authorization will be effective July 10,1995,
unless EPA publishes a prior action withdrawing
this immediate final rule. Comments must be
received on or before July 9,1995.
"Hazardous Waste Management System;
Universal Waste Rule"
May 11,1995 (60 EB 25492)
EPA is promulgating streamlined management
regulations for certain widely generated wastes
identified as universal wastes. Specifically, the
rule applies to hazardous waste batteries,
hazardous waste pesticides that are recalled or
that are sent to a collection program, and certain
mercury-containing hazardous waste
thermostats. By streamlining the requirements
for handlers and transporters of the waste, the
Agency hopes to facilitate collection programs
and to remove these widely generated wastes
from municipal waste streams. At the same
time, the regulations assure that wastes subject to
this system will go to appropriate treatment,
recycling, or disposal facilities which are subject
to full Subtitle C controls. The rule also contains
a petition process by which other wastes may be
added to the system. Because this rule is
deemed to be less stringent than the current
regulations, states are not required to adopt the
provisions of Part 273. However, EPA strongly
encourages states to adopt this rule. The
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Federal Registers
May 1995
FINAL RULES
effective date of this rule in unauthorized states
is May 11,1995.
"Hazardous Waste TSDFs and
Generators; Organic Air Emissions
Standards for Tanks, Surface
Impoundments, and Containers"
May 19,1995 (60 EB 26828)
On December 6,1995 (59 £R 62896), EPA
promulgated air standards in order to reduce
organic emissions from hazardous waste
management activities. Under the standards, air
emissions controls must be used for tanks,
surface impoundments, and containers. These
standards were originally scheduled to be
effective on June 5,1995. Since promulgation,
however, EPA has become aware that certain
provisions of the final standards may require
clarification and plans to publish a subsequent
Federal Register notice to address these
provisions. To ensure that all facilities have time
to make alterations in their compliance plan
prior to the effective date of the standards, EPA
is postponing the effective date of the rule until
December6,1995.
RCRA/CERCLA
"Hazardous Waste Identification and
Listing; Carbamate Production"
May 12,1995 (60 EB 25619)
EPA finalized** March 1,1994 (59 £E 9808),
proposed rule to list as hazardous six wastes
generated during the production of carbamate
chemicals on February 9,1995 (60 £E 7824). In
that rule, the Agency added 58 chemicals to the
list of commercial chemical products in §261.33
and added these newly listed chemicals to the
CERGLA list of hazardous substances in §302.4.
EPA has corrected minor typographical and
omission errors in the listing of these chemicals
as well as in the listing of their reportable
quantities on April 17,1995 (60 ER 19165).
The Agency is correcting a typographical error
and an omission in the April 17,1995, correction
notice. The effective date of this rule is
August 9,1995.
CERCLA
"National Priorities List; Kenmark Textile
Corporation Site"
May 1,1995 (60 EB 21047)
EPA announced the deletion of the Kenmark
Textile Corporation Site, located in Fanrringdale,
New York, from the National Priorities List
The Agency published a notice of its intent to
delete the site on December 15,1994 (59 FR
64644). 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 May 31,1995.
"National Priorities List; United States
Army Fort Lewis Landfill No. 5"
May 22,1995 (60 EB 27041)
EPA announced the deletion of the United
States Army Fort Lewis Landfill No. 5, located
in Pierce County, Washington, from the National
Priorities List The Agency published a notice
of its intent to delete the site on March 27,1995
(60 EE 15737). 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 The
effective date of this action is May 22,1995.
10
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May 1995
Federal Registers
"National Priorities List; Hamilton Island
Site"
May 25,1995 (60 EB 27697)
EPA announced the deletion of the Hamilton
Island Site, located in Skamania County,
Washington, from the National Priorities List
The Agency published a notice of its intent to
delete the site on April 12,1995 (60 ER 18565).
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 The effective date of this
action is May.25,1995.
"National Priorities List; Southern
Shipbuilding Site"
May 26,1995 (60 EB 27896)
EPA announced the addition of the Southern
Shipbuilding Site, located in Slidell, Louisiana, to
the National Priorities List (NPL). The Agency
proposed to add the site to the NPL on
February 13,1995 (60 EB 8212). The effective
date of this action is June 26,1995.
PROPOSED RULES
CERCLA
"National Priorities List; Texas Eastern
Kosciusko Compressor Station Site;
WJthdrawaT
May 2,1995 (00 EB 21491)
EPA announced its withdrawal of its proposal
to add the Texas Eastern Kosciusko Compressor
Station Site, located in Mississippi, to die
National Priorities List (NPL). EPA proposed to
list the site on the NPL on August 23,1994 (59
EE 43314), but because of the unique
circumstances surrounding this site, has
determined that such a listing is unnecessary.
This withdrawal is effective May 2,1995.
However, should conditions change such that
placing the site on the NPL would result in a
more thorough and timely cleanup, EPA reserves
the right to re-propose the site.
"National Priorities List; Alpha Chemical
Corporation Site"
May 3,1995 (60 EB 21786)
EPA Region IV announced its intent to delete
the Alpha Chemical Corporation Site, located in
Lakeland, 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 human health and the
environment Comments concerning the site
may be submitted on or before June 2,1995.
NOTICES
RCRA
"Campo Band of Mission Indians; Rnal
Determination of Full Program
Adequacy of Tribal Municipal Solid
Waste Permit Program"
May 1,1995 (60 EB 21191)
Pursuant to RCRA §4005(c)(lXQ, EPA gave
notice of a final determination approving the
adequacy of the Campo Band of Mission Indians'
municipal solid waste landfill permit program.
The effective date of this rule is May 1,1995.
"Recovered Materials Advisory Notice"
May 1,1995 (60 EB 21386)
Section 6002 of RCRA requires EPA to
designate items that are or can be made with
recovered materials and provide
recommendations for the procurement of these
items when using federal funds for such
11
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Federal Registers
May 1995
NOTICES
purchases. On May 1,1995 (60 ER 21370), EPA
designated 19 new items in its Comprehensive
Procurement Guidelines (CPG). EPA is
announcing its recommendations to procuring
agencies for meeting their §6002 obligations with
respect to the new and existing designated items.
The effective date of this action is May 1,1995.
"Waste Analysis Guidance Manual for
Facilities that Burn Hazardous Waste;
Extension of Comment Period"
May 5,1995 (60 £B 22389)
EPA has announced the availability of a draft
Waste Analysis CfUldsnc6 ^or Facilities that Bum
Hazardojis_Wjste on APtii ll*1995 C60 E&
18402). The guidance manual establishes
recommended criteria to properly develop and
evaluate RCRA waste analysis plans at
combustion facilities. Upon requests from
several callers ordering the document, EPA is
extending the date for which it will accept public
comments from May 11,1995, until June 2,
1995.
"Permits Improvement Team; Open
Meetings"
May 8,1995 (60 EB 22578)
In July of 1994, EPA Administrator Carol
Browner established the Permits Improvement
Team (PIT) to ivfonn die permitting process.
The PIT held nwrnngK in five different locations
in October and November of 1994 to solicit
information and opinions as to how permit
processes should be reformed. The PIT will hold
a second round of national stakeholder meetings
to receive input on the draft recommendations of
its six task forces from May 16,1995, to June 2,
1995. The meetings will also include discussion
of a draft concept paper on environmental
permitting that is designed to provide an overall
direction for EPA's permit reinvention efforts.
"Science Advisory Board; Hazardous
Waste Identification Rule
Subcommittee; Open Meeting"
May 16,1995 (60 EB 26032)
The Hazardous Waste Identification Rule
(HWIR) Subcommittee of the Science Advisory
Board will meet on May 31 - June 1,1995, in
Washington, DC to continue its review of the
Agency's draft multi-media, multi-pathway risk
analysis document The meeting is open to the
public, but seating will be limited. The review
document, Development of Human Health-Based
and Ecological Based Exit Criteria for die
Hazardous Waste Identification Project, is
available from the RCRA Docket
"Connecticut; Final Approval of State
Underground Storage Tank Program"
May 19,1995 (60 £B 26859)
EPA has made the tentative decision that
Connecticut'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. Asa
consequence, EPA intends to grant final approval
to the state to operate its program in lieu of the
federal program. A public hearing will be held, if
it is requested. Comments on Connecticut's final
approval must be received on or before June 21,
1995. A public hearing is scheduled for June 21,
1995, in Connecticut, however, EPA reserves the
right to cancel the public hearing if significant
public interest in a hearing is not communicated
to EPA, in writing, on or before June 14,1995.
12
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May 1995
Federal Registers
NOTICES
'Hazardous Waste Management System; "Proposed Administrative Settlement;
Land Disposal Restrictions" Performance One, Inc., Site"
May 24,1995 (60 EB 27523) May 4,1995 (60 EB 22064)
EPA is proposing approval of the application
submitted by Great Lakes Chemical Corporation
requesting an extension to the June 5,1995,
extended date of the RCRA land disposal
restrictions treatment standards applicable to
certain hazardous wastewaters at its facility.
Great Lakes Chemical Corporation had
demonstrated that there is insufficient capacity to
manage its waste and has entered into a binding
contractual commitment to construct or otherwise
provide such capacity. Due to circumstances
beyond the corporation's control, such capacity
could not reasonably be made available by
June 5,1995. Thus, Great Lakes Chemical
Corporation, upon final approval, will be allowed
to dispose of certain hazardous wastes without
meeting the LDR treatment standards until
September 30,1995. This approved extension
becomes effective
May 11,1995.
CERCLA
"Proposed Administrative Settlement;
Tennessee Gas and Pipeline"
May 1,1995 (60 EB 21210)
EPA proposed to enter into an administrative
settlement under CERCLA §122(h). The
proposed Ariininitiratrve Order on Consent
settles claims for past and future removal actions
at the Tennessee Gas and Pipeline Site along the
Gulf Coast of Texas, Louisiana,-and Mississippi
and extending along three routes to markets in
the midwestem and northeastern United States.
The Agency will receive comments for a period
of 30 days from the date of publication.
EPA proposed to enter into an administrative
settlement under CERCLA §122(h). The
proposed settlement requires the settling party to
reimburse EPA $30,000 for response costs
incurred in connection with the Performance
One, Inc., Superfund Site in Loves Park, Illinois.
The Agency will receive comments for a period
of 30 days from the date of publication.
"Correction of Notice of Proposed
Consent Decree; Kane and Lombard
Superfund Site"
May 4,1995 (60 EB 22075)
Notice of the lodging of a proposed Consent
Decree with the U.S. District Court for the
District of Maryland in United States v. Edward
Azrael. et al.. was published in the Federal
Beasts on April 20,1995 (60 ER19772). In
that notice, it was mistakenly stated that the
settling parties would pay $375,000 to the United
States toward reimbursement of past and future
costs incurred in connection with the Kane and
Lombard Superfund Site in Baltimore, Maryland.
In reality, the terms of the Consent Decree
require the settling party to pay $325,000 to the
United States for these costs. DOJ will receive
comments relating to the proposed Consent
Decree for a period of 30 days from April 20,
1995, the date of die original publication of the
notice.
13
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Federal Registers
May 1995
NOTICES
"Proposed First Amendment to
Administrative Settlement; Triangle
Petroleum Site"
May 11, 1995 (60 EB 2521 5)
EPA is announcing an amendment to a
proposed administrative settlement concerning
the Triangle Petroleum Site, located in Fruita,
Colorado. In particular, the Agency and the
settling parties wish to amend the agreement to
include an additional settling party in the terms of
the agreement The Agency will receive
comments for- 30 days following the date of
publication.
"Urban Revitalization and Brownflelds;
Public Dialogues"
May 15, 1995 (60 EB 25908)
EPA and the National Environmental Justice
Advisory Council's Waste and Facility Siting
Subcommittee will convene a series of public
dialogues on environmental justice issues related
to urban revitalization and Brownfields. The
public dialogues are entitled "Urban
Revitalization and Brownfields: Envisioning
Healthy and Sustainable Communities" and will
take place during June and July in Boston,
Philadelphia, Detroit, San Francisco, and Atlanta.
"Proposed Consent Decree; Bluff Road
Superfund Site"
May 17, 1995 (60 EB 26457)
A proposed Pvtial Consent Decree in United
States et a^ v. Atyyft laboratories. et aL. was
lodged with the U.S. District Court for the
District of South Carolina on April 28, 1995.
Under the proposed Partial Consent Decree, the
settling parties will partially fund the remedial
design and remedial action costs incurred at the
Bluff Road Superfund Site, located in Richland
County, South Carolina. DOJ will receive
comments for a period of 30 days from the date
of publication.
"Proposed Consent Decree; ACF
Industries Site"
May 18,1995 (60 EB 26740)
A proposed Consent Decree in United States et
al. v. ACF Industries. Inc.. was lodged with the
U.S. District Court for the Southern District of
West Virginia on May 11,1995. Under the
proposed Consent Decree, the settling party will
pay $2,000,000 for costs incurred by the United
States in performing certain response actions at
the ACF Industries Site located near Eleanor,
West Virginia. In addition, the settling party
agrees to perform certain response actions at the
site. DOJ will receive comments for a period of
30 days from the date of publication.
"Proposed Administrative Settlement;
Aqua-Tech Environmental, Inc. Site"
May 19,1995 (60 EB 26883)
EPA proposed to enter into a de rninimis
administrative settlement under CERCLA
§122(g). The proposed settlement gives the
approximately 135 parties who sent gas cylinders
to the Aqua-Tech Environmental, Inc. Site an
opportunity to enter into an Administrative Order
on Consent to settle claims for past and future
response costs at the site. The Agency will
receive comments for a period of 30 days from
the date of publication.
"Proposed Administrative Settlement;
Flint River Bridge Drum Site"
May 19,1995 (60 EB 26883)
EPA proposed to enter into an administrative
settlement under CERCLA §122(g). The
14
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May 1995
Federal Registers
NOTICES
proposed settlement concerns EPA's claims fen-
response costs at the Flint River Bridge Drum
Site in Gurley and Madison Counties, Alabama,
against one settling party. The Agency will
receive comments for a period of 30 days from
the date of publication.
"Proposed Administrative Settlement;
Tennessee Gas and Pipeline;
Correction"
May 19,1995 (60 EB 26884)
In the May 1,1995, Federal Register (60 EE
21210), EPA gave notice of a proposed
administrative settlement under CERCLA
§122(h). The proposed Administrative Order on
Consent settles claims for past and future
removal actions at the Tennessee Gas and
Pipeline Site along the Gulf Coast of Texas,
Louisiana, and Mississippi and extending along
three routes to markets in the midwestern and
northeastern United States. The Agency wishes
to clarify the scope of matters in that proposed
settlement on which EPA will consider public
comments. Specifically, the public may
comment on the cost recovery component of the
proposed settlement EPA may withdraw from
or modify the cost recovery component of the
proposed settlement should such comments
disclose information that the cost recovery
component is inappropriate, improper, or
inadequate. The Agency will receive comments
for a period of 30 days from the date of
publication.
"Proposed Consent Decree; Broderick
Site"
May 26,1995 (60 EB 27990)
A proposed Consent Decree in United States et
al. v. Broderick Investment Company, et al.. was
lodged with the U.S. District Court for the
District of Colorado on May 22,1995. Under the
proposed Consent Decree, the settling parties will
reimburse the United Stales $10.7 million for
past response costs incurred at the Broderick
Superfund Site, located north of Denver,
Colorado. DOJ will receive comments for a
period of 30 days from the date of publication.
"Proposed Administrative Settlement;
Georgia Transformer Site"
May 30,1995 (60 EB 28110)
EPA proposed to enter into an administrative
settlement under CERCLA §122(h). The
proposed Administrative Order on Consent
settles claims with approximately 80 potentially
responsible parties for response costs at the
Georgia Transformer Site in Thomasville,
Georgia. The Agency will receive comments for
a period of 30 days from the date of publication.
EPCRA
"Toxic Release Inventory Expansion;
Public Meeting"
May 1,1995 (60 EB 21190)
EPA announced that it will hold a one-half day
public meeting to discuss the options the Agency
is considering for expanding the industries
covered under the EPCRA §313 reporting
requirements. In connection with this meeting,
the Agency also announced the availability of an
issues paper discussing this initiative. The
meeting will be held on May 25,1995, in
Washington, DC.
15
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Federal Registers
May 1995
NOTICES
EPCRA/RCRA/CERCLA
"Supplemental Environmental Projects;
Interim Revised Policy"
May 10,1995 (60 EB 24856)
The Office erf Enforcement and Compliance
Assurance of EPA is issuing an interim
Supplemental Environmental Projects (SEPs)
Policy to supersede its February 12,1991, policy.
In certain instances environmentally beneficial
projects, or SEPs, may be included in settlements
with alleged violators. This policy gives EPA
greater flexibility in exercising its enforcement
discretion in establishing appropriate settlement
penalties. Specifically, it outlines the types of
projects that are permissible as SEPs, the penalty
mitigation appropriate for a particular SEP, and
the terms and conditions under which they may
become part of a settlement EPA intends to
implement this policy on an interim basis
effective May 8,1995. Comments must be
received on or before August 6,1995.
Pollution Prevention
"Sodoeconomte Projects Related to
Pollution Prevention; Extension of
Proposal Deadline'*
May 3,1995 (60 EB 21810)
EPA requested proposals for projects directed
toward furthering the objectives of the President's
Environmental Technology Initiative on
February 24,1995 (60 F_B 10388). 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. The deadline
for receipt of proposals for this solicitation has
been extended from May 1,1995, until May 16,
1995.
Reinventing Environmental Regulation
"Regulatory Reinvention Pilot Projects"
May 23,1995 (60 EB 27282)
On March 16,1995, as part of his National
Performance Review regulatory reinvention
initiative, President Clinton announced that EPA
would develop pilot projects that provide the
flexibility to test alternative strategies to achieve
environmental goals. In response, EPA invites
private and public entities or groups of entities
regulated under its various statutory authorities to
submit proposals for developing alternative
strategies that will replace or modify specific
regulatory requirements. This initiative will
involve the exercise of regulatory flexibility by
EPA in exchange for a commitment on the part
of the regulated entity to achieve better
environmental results than would have been
attained through full compliance with all
applicable regulations. The Agency is soliciting
pilot project proposals in three general areas: 1)
industry-wide projects; 2) facility-based projects;
and 3) government agency projects. The period
for submission of proposals will being upon
EPA's announcement in the Federal Register that
clearance has been obtained under the Paperwork
Reduction Act
16
-------
May 1995
Federal Registers
NOTICES
All Program Areas
"EPA Semiannual Regulatory Agenda"
May 8,1995 (60 EH 23928)
EPA's semiannual regulatory agenda describes
the Agency's ongoing and long-term plans for
policy and regulation development, revision, and
review.
17
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18
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CALL ANALYSES
CALLS ANSWERED BY HOTLINE
May Daily Volume*
300
RCRAAJST
250 «r
\ r-v
\ V \/
I 1 1 1 1 1 1
I—I—I—I—I—I—I—I—I—I—I
4 5 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 30 31
Year to Date*
RCRA/UST
January
February
March
April
May
Month
6,017
5,984
6,953
5,954
6,746
Cumulative
~
12,001
18,954
24,908
31,654
EPCRA and Superfund
January
February
March
April
May
Month
3,432
4,284
3,892
3,158
3.910
Cumulative
--
7,716
11,608
14.766
18,676
Documents
(All Proaram Areas)
January
February
March
April
May
Month
4,389
4,191
5.402
4,631
4.959
Cumulative
-
8.580
13,982
18,613
23,572
*A11 calls answered by the Call Management System, the Message Retrieval Line, and the Document Retrieval Line.
19
-------
Call Analyses
May 1995
QUESTIONS ANSWERED BY TYPE
I
|
700 j
600 J?
500 -.
400 -•
300 ••
200 -•
100 -•
0
May Daily Volume*
Regulatory
Document
Referral/Transfer
H 1 1 1 1 1 1 1-
-\ h
H 1 1-
H 1
H 1 h-
2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 30
Day
Year to Date*
-H
31
Regulatory
January
February
March
April
May
Month
12,045
11,182
12*17
10Jtf
13,061
Cumulative
~
23,227
36,044
46,895
59,946
Document
January
February
March
April
May
Month
5,285
5,301
6,643
5,636
6,707
Cumulative
—
10,586
17,229
22,865
29,572
Referral/Transfer
January
February
March
April
May
Month
1,518
1,689
1,747
1,328
1,652
Cumulative
-
3,207
4,954
6,282
7,934
All question* answered by die 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.
20
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Mav 1995
Call Analyses
QUESTIONS ANSWERED BY PROGRAM AREA
May 1995*
'Based on 19,758 questions and excludes 1,652 referrals and transfers made from both Hotlines. Includes the
Message Retrieval Line and the Document Retrieval Line.
Year to Date*
January
February
March
April
May
RCRA
Month
56%
(9,725)
52%
(9,474)
55%
(11,738)
55%
(9,814)
51%
(10,939)
Cumulative
—
54%
(19,199)
55%
(30,937)
55%
(40,751)
54%
(51,690)
UST
Month
6%
(1,012)
5%
(951)
6%
(1,290)
5%
(897)
5%
(1.052)
Cumulative
«
5%
(1,963)
6%
(3,253)
6%
(4,150)
5%
(5,202)
EPCRA
Month
24%
(4,215)
29%
(5,261)
23%
(4,904)
25%
(4,536)
31%
(6.684)
Cumulative
~
27%
(9.476)
25%
(14,380)
25%
(18,916)
27%
(25,600)
Superfund
Month
14%
(2.378)
14%
(2,486)
16%
(3.275)
15%
(2,568)
13%
(2,735)
Cumulative
~
14%
(4,864)
14%
(8,139)
14%
(10,707)
14%
(13,442)
21
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Call Analyses
May 1995
CALLER PROFILE
RCRA/UST Hotline
Regulated Community 5,732
Citizens 308
State & Local Govt/Native American 289
Federal Agencies 141
Educational Institutions 169
EPA 126
Media 7
Interest Groups 17
Congress 2
International 9
Other 52
Referrals* 478
Transfers to EPCRA/Superfund Hotline* 487
Document Retrieval Line* 224
Message Retrieval Line* 1,482
TOTAL
9,523
State & Local Govt./
Native American
4%
All Others
6%
Citizens
4%
Federal Agencies
2%
Regulated
Community
* No caller profile data available.
22
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May 1995
Call Analyses
Emergency Planning and Community Right-to-Know Act/
Superfund Hotline
Manufacturers
Food/Tobacco 53
Textiles 34
Apparel 23
Lumber & Wood 31
Furniture 33
Paper 34
Printing & Publishing 52
Chemicals • 247
Petroleum & Coal 103
Rubber & Plastics 91
Leather 27
Stone, Clay & Glass 47
Primary Metals 61
Fabricated Metals 125
Machinery (Excluding Electrical) 46
Electrical & Electronic Equipment 50
Transportation Equipment 54
Instruments 34
Misc. Manufacturing 244
Subtotal 1,389
Consultants/Engineers 2,441
Attorneys 344
Citizens 257
Public Interest Groups 51
Educational Institutions 100
EPA 83
Federal Agencies 183
GOCOs 9
Congress 2
State Officials/SERCs 93
Local Officials/LEPCs 80
Fire Departments 15
Hospitals/Laboratories 47
Trade Associations 29
Union/Labor 1
Farmers 2
Distributors 27
Insurance Companies 11
Media/Press 13
Native Americans 0
International 6
Other 126
Referrals* 312
Transfers to RCRA/UST Hotline* 375
Document Retrieval Line* 17
Message Retrieval Line* 79
TOTAL 6,092
Attorneys
6%
Citizens
5%
All Others
17%
Consultants/
Engineers
46%
* No caller profile data available.
Manufacturers
26%
23
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Call Analyses
May 1995
HOTLINE TOPICS
RCRA
RCRA GENERAL 1,265
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
Waste Minimization/Pollution Prevention
State Programs
Hazardous Waste Data
Military Munitions
SUBTITLE D
Household Hazardous Wastes
Subtitle D - General
Siting Facilities
Combustio*
Industrial Was»
Solid Waste Recycling - General
Aluminum
Batteries
Glass
Paper
Plastics
Tires
Used Oil
1,478X
232
25
54
0
4911
28
16
8361
7481
283
84
24
8741
89
104
61
11
28
699*
204
284
138
155
24
171
46
48
69
12
94
77
71
11
245
4281
18
27
43
4081
18
15
6
41
37
15
119
Composting 41
Markets - General 26
Aluminum 11
Batteries 19
Compost 9
Glass 4
Paper 10
Plastics 6
Tires 12
Used Oil 43
Procurement General 1321
Building Insulation 8
Cement/Cement Products with Fly Ash 2
Paper and Paper Products 87
Re-Refined Lubricating Oil 3
Retread Tires 3
Source Reduction/Pollution Prevention 57
Grant and Financing 10
OTHER WASTES
Ash 36
Bevill Amendment (Mining Waste) 26
Medical Waste 133
Oil and Gas 7
TOTAL 10,939*
* Includes 3,238 RCRA document requests.
UST
General/Misc. . 2051
Applicability/Definitions 121
Regulated Substances 35
Standards for New Tank Systems 47
Tank Standards and Upgrading 68
Operating Requirements 17
Release Detection 126
Release Reporting & Investigation 40
Corrective Action for USTs 221
Out-of-Service/Closure 66
Financial Responsibility 34
State Programs 26
Liability/Enforcement 30
LUST Trust Fund 16
TOTAL 1,052*
* Includes 649 UST document requests.
24
1 Hot topics for this aoath
1 Topics mrt calculated as the summation of aO questions received by the Hotline. A single call may result In
multiple questions.
-------
May 1995
Call Analyses
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
Gcncrnl*
General Title EH Questions SIS1
Trade Secrets 6
Enforcement 37
Liability/Citizen Suits 16
Training 6
Chemical-Specific Information 64
Emergency Planning (§§301-303):
General 93
Notification Requirements 46
SERC/LEPC Issues 140
EHSs/TPQs 78
Risk Communication/
Hazards Analysis 50
Exemptions 24
Emergency Release Notification (§304):
General 48
Notification Requirements 51
Repoitable Quantities 99
CERCLA §103 vs. SARA §304 54
ARIP/AHEDB/ERNS 2
Exemptions 13
Hazardous Chemical Reporting
(§§311-312):
General 112
MSDS Reporting Requirements 99
Tier l/U Requirements 124
Thresholds 55
Hazard Categories 13
Mixtures Reporting 24
Exemptions 52
Toxic Chemical Release Inventory (§313):
General
Reporting Requirements
Thresholds
Form R Completion
Supplier Notification
NOTEs/NQSEs/NONs
Voluntary Revisions
Pollution Prevention 33/50
Public Access to Data
TRI Database
Petitions
TRI Expansion
Exemptions
8411
7141
451
75
113
91
42
111
97
60
336
257
Special Topics:
CAA§112
General S31
RMPs 701
List of Regulated Substances 34
Federal Facilities Executive Order 66
TOTAL 6,684
"Includes 1,877 Emergency Planning and Community
Right-to-Know document requests
SUPERFUND
General/Misc. 201
Access & Information Gathering 33
Administrative Improvements
General 73
Environmental Justice/Brownfields 981
SACM/Presumptive Remedies 85
Soil Screening Levels 65
Administrative Record 26
ARARs 103
CERCLIS 145
Citizen Suits 17
Claims Against Fund 16
Clean-Up Costs 45
Clean-Up Standards 85
Community Involvement 60
Contract Lab Program (CLP) 24
Contractor Indemnification 4
Contracts 9
Definitions 22
Enforcement 74
Federal Facilities 30
Hazardous Substances 109
HRS 23
Liability 86
Local Gov't Reimbursement 14
Natural Resource Damages 8
NCP 41
Notification 101
NPL 1981
Off Site Rule 18
OSHA 8
PA/SI 16
PRPs 41
RD/RA 34
Reauthorization 17
1 Hot topks for this month
1 Topics are calculated as the summation of all questions •received by the Hotline. A single call may result hi
multiple questions.
25
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Call Analyses
May 1995
Remedial
Removal
RI/FS
Risk Assess./Health Effects
ROD
RQ
Settlements
SITE Program
State Participation
State Program
TAGs
Taxes
115
41
35
83
40
2561
33
29
11
&
5
13
Special Topics
Oil Pollution Act
SPCC Regulations
Radiation Site Cleanup
17
32
TOTAL
•Includes 943 Supertax! dc
2,735'
it requests.
TOTAL HOTLINE QUESTIONS,
DOCUMENT REQUESTS AND
REFERRALS: 21*410
26
Mth*
ofaHqi
raodvtd by the Hodbw. A
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