3
EPA530-R-95-002g
PB95-922 407
MONTHLY HOTLINE REPORT
July 1995
RCRA/UST, Superfund, and EPCRA
Hotline Questions and Answers
Underground Storage Tanks (UST) 1
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) 2
Emergency Planning and Community Right-to-Know (EPCRA) 4
New Publications
Resource Conservation and Recovery Act (RCRA) 7
Underground Storage Tanks (UST) 12
Other 12
Federal Registers
Final Rules 15
Proposed Rules 16
Notices 17
Call Analyses
Calls Answered 25
Caller Profiles 28
Hotline Topics 30
RCRA/UST, Superfund, and EPCRA
National Toll-Free No.: 800-424-9346
Local: 703-412-9810
TDD National Toil-Free No.: 800-553-7672
This report is prepared and submitted in support of Contract No. 68-WO-0039.
EPA Project Officer: Carie VanHook Jasperse
U.S. Environmental Protection Agency
Washington, DC 20460
Printed on
Recycled Paper
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HOTLINE QUESTIONS AND ANSWERS
1. Use of Manual Tank Gauging as
Sole Means of Release Detection for
1,000 Gallon Tanks
The following Monthly Report Question
replaces the Monthly Report Question
published in the February 1995 Monthly
Hotline Report
The regulations of 40 CFR Part 280,
Subpart D require owners and operators of
new and existing underground storage tanks
(USTs) to demonstrate release detection by
using one of the methods found in §280.43(d)
through (h). Can manual tank gauging alone
be used to meet the requirements for "other
types of release detection methods"
acceptable under 40 CFR §280.43(h)?
Almost all owners and operators of USTs
must eventually meet the release detection
requirements of Part 280, Subpart D, by using
one of the methods listed in 40 CFR
§280.43(d) through (h). Section 280.43(h)(l)
allows the use of an alternative method, or a
combination of methods, to satisfy the UST
release detection requirements. These
methods must be able to detect a 0.2 gallon
per hour leak rate or a release of 150 gallons
within a month with a probability of detection
of 0.95 and a probability of false alarm of
0.05.
to meet the performance standards in 40 CFR
§280.43(h)(l) for tanks constructed to hold
more than 1000 gallons. For smaller tanks
designed to contain 1000 gallons or less,
however, manual tank gauging has been
demonstrated to meet the performance
standard when conducted in accordance with
the following procedure:
1. Tank liquid measurement levels are taken
at the beginning and end of a time period
during which no liquid is added to or
removed from the tank. The appropriate
time period is listed in the chart below.
2. Level measurements are based on an
average of two consecutive stick readings
at both the beginning and end of the
period.
3. The equipment used is capable of
measuring the level of product over the
full range of the tank's height to the
nearest one-eighth of an inch.
4. Testing is conducted at least once a
week and four weekly results are
averaged to obtain a monthly result. If
the variation between beginning and
ending measurements exceeds the
weekly or monthly standards in the
following table, a leak is suspected and
will be subject to the release reporting
requirements of 40 CFR Subpart E.
To the Agency's knowledge, manual tank
gauging alone has not been shown to be able
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Hotline Questions and Answers
July 1995
Tank Size
up to 550 gallons
55 1-1, 000 gallons
(when tank diameter is 64")
551-1,000 gallons
(when tank diameter is 48")
Minimum
Duration of Test
36 hours
44 hours
58 hours
Weekly Standard
(1 test)
10 gallons
9 gallons
12 gallons
Monthly Standard
(4-test average)
5 gallons
4 gallons
6 gallons
CERCLA
2. NPL Deletion/Deferral Policy and
RCRA Subtitle C Corrective Action
EPA has the authority under both CERCLA
and RCRA to address the cleanup of
contaminated sites. Under what circumstances
will EPA address a contaminated site through
one of the RCRA Subtitle C corrective action
authorities rather than list the site on the
CERCLA National Priorities List (NPL)? If a
site is already on the NPL, what are the criteria
for deleting the site and deferring it to RCRA?
To conserve Superfund resources and avoid
duplication of effort, EPA has maintained a
policy of not to undertake CERCLA responses
at certain sites that can or will be adequately
addressed by RCRA. Consequently, instead of
listing sites on the NPL, the Agency often
defers sites that otherwise meet the NPL
criteria to RCRA Subtitle C corrective action.
Under current policy, EPA may defer sites to
RCRA at any point in the NPL process,
including after placement on the NPL. EPA
has had a policy of deferring certain sites from
listing since the first NPL final rule on
September 8, 1983 (48 ER 40658).
Prior to the enactment of the Hazardous and
Solid Waste Amendments of 1984 (HSWA),
the RCRA Subtitle C corrective action
authorities only applied to certain releases from
surface impoundments, waste piles, land
treatment areas, and landfills that received
hazardous wastes after July 27, 1982. HSWA
expanded the RCRA Subtitle C corrective
action authorities, giving EPA the authority to
address the on- and off-site cleanup of releases
from active and inactive permitted and interim
status hazardous waste treatment, storage, and
disposal facilities (TSDFs). In order to
implement this broader authority, in 1986, the
Agency developed a policy for the listing or
deferral from listing of potential NPL sites (51
ER 21057; June 10, 1986). According to the
1986 deferral policy, EPA will generally defer
the listing of potential NPL sites when other
authorities exist that are capable of
accomplishing the needed corrective action.
The Agency will not automatically defer all
sites eligible for cleanup under RCRA. For
example, EPA will not defer federal facilities
from the NPL, because federal facilities are not
eligible for Fund-financed remedial action, and
deferring them would not conserve Fund
monies (54 ER 1052.0; March 13,1989). In
addition, the Agency will continue to include
RCRA sites not subject to Subtitle C corrective
action authorities, such as generator and
transporter sites, on the NPL. EPA is also
reluctant to defer sites owned by persons who
are unwilling or unable to pay for corrective
action and related activities because these
owners are unlikely to take corrective action as
required by RCRA. For this reason, the 1986
deferral policy clarifies that the Agency will
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July 1995
Hotline Questions and Answers
not defer sites meeting the criteria for listing
on the NPL that fall into one of the following
categories:
• RCRA facilities owned by bankrupt
persons;
• RCRA facilities that have lost
authorization to operate under the
RCRA Loss of Interim Status (LOIS)
provision and are owned by persons
who have indicated an unwillingness to
undertake corrective action; and
• Facilities that have not lost
authorization to operate, but that are
owned by people who have, as
determined on a case-by-case basis, a
clear history of unwillingness to
undertake corrective action.
On June 24,1988 (53 £R 23979), EPA
clarified the deferral policy and added the
following four categories of RCRA facilities to
those types of sites which it will not defer from
inclusion on the NPL:
• Non- or late-filers — treatment,
storage, or disposal facilities that
managed hazardous waste after
November 19,1980, but did not file
Part A RCRA permit applications by
that date and have little or no history of
compliance with RCRA;
• Converters — facilities that previously
treated or stored hazardous waste, but
have since converted to activities that
do not require interim status and have
therefore formally withdrawn their Part
A applications;
• Protective filers — facilities that filed
RCRA Part A permit applications as a
precautionary measure for treatment,
storage, or disposal operations that do
not require interim status and are not
subject to RCRA Subtitle C corrective
action authorities; and
• Pre-HSWA permittees — sites holding
permits issued before the enactment of
the Hazardous and Solid Waste
Amendments (HSWA).
These types of sites are either not subject to
RCRA Subtitle C corrective action authorities
or are not high priorities under RCRA and
would not be promptly addressed by the
RCRA corrective action program. The
Agency has therefore decided to place these
sites on the NPL if they meet the listing criteria
so that, if necessary, the Superfund authorities
are fully available.
On March 20, 1995 (60 ES 14641), EPA
issued a new deferral policy for sites after their
placement on the NPL. Previously, once EPA
made the decision to place a site on the NPL
(rather than defer the site to another cleanup
authority), the Agency would only delete the
site from the NPL when no further response at
that site was appropriate (55 FR 8845;
March 8, 1990). This policy meant EPA
would not delete sites from the NPL to defer
them to RCRA during the response process,
even if the Agency determined that a RCRA
response was appropriate. Under the 1995
deletion/deferral policy, the Agency may,
during the response process, delete sites from
the NPL based on deferral to the RCRA
Subtitle C corrective action program. To be
eligible for deletion from the NPL based on
deferral to RCRA, NPL sites must meet the
following criteria:
• The site must be eligible for deferral
from inclusion on the NPL under
EPA's current deferral policy (as
discussed above);
• EPA must be currently addressing the
site through a RCRA corrective action
authority under an existing enforceable
order or permit containing corrective
action provisions;
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Hotline Questions and Answers
July 1995
• Response under RCRA must be
progressing adequately; and
• Deletion must not disrupt any ongoing
CERCLA response actions.
Before a site may be deleted from the NPL
under the deferral/deletion policy, it must also
meet other applicable deletion requirements
under CERCLA regulations. In particular, a
site may only be deleted from the NPL after
the state in which the release was located has
concurred with the proposed deletion (40 CFR
§300.425(e)(2)). Thus, sites must also be
evaluated by the appropriate state authority
before EPA can delete the sites from the NPL
for deferral to RCRA.
3. Placement Within an Area of
Contamination
During the Superfund response process, EPA
uses the area of contamination concept (AOC)
to assist officials in determining when
placement does and does not occur for
CERCLA actions involving on-site disposal of
RCRA hazardous wastes. EPA equates an
AOC to a single RCRA land disposal unit
consisting of continuous contamination of
varying amounts and types. Often, an AOC
contains separate, discrete wastes. Those
CERCLA hazardous substances which are
defined as hazardous waste under RCRA must
meet substantive Land Disposal Restrictions
(LDR) standards in certain circumstances.
An AOC at a CERCLA site contains two piles
of RCRA-regulated hazardous waste,
generated from the same source. The first pile
is removed from the AOC and is treated to
meet RCRA LDR. The second waste pile is left
untouched. When the first waste pile is
subsequently returned to the AOC, it is co-
mingled with the waste which never left the
AOC. Despite the fact that it was never
removed from the AOC, is the untreated waste
subject to LDR treatment standards?
The untreated waste is not subject to LDR.
CERCLA §121(d)(2) specifically requires that
remedial activities must comply with
Applicable or Relevant and Appropriate
Requirements (ARARs) of federal, state, and
local environmental laws. LDR is an
applicable requirement only where waste such
as contaminated soil is placed on the land.
Placement does not occur, however, where
waste at a site is left undisturbed within an
AOC, when it is treated in situ, or when it is
managed within the AOC without any
intervening treatment outside of the AOC (55
ES 8758; March 8,1990). Since the untreated
waste is not "placed" during the CERCLA
response action, the LDRs are not ARARs.
Conversely, if the waste is removed from an
AOC, or treated in a separate unit within the
AOC and subsequently returned, the action
constitutes placement, and that waste must be
treated to meet LDR standards (55 FR 8758,
8760; March 8, 1990).
EPCRA
4. EPCRA Requirements for a Facility
Located Within the Planning
Districts of Two LEPCs
The reporting requirements of EPCRA
§§303(d), 311, and 312 require covered
facilities to provide information on the
presence of extremely hazardous substances
(EHSs) and hazardous chemicals to the Local
Emergency Planning Committee (LEPC)for
the purpose of preparing an emergency plan.
In general, facilities are located within the
boundaries of a single LEPC's emergency
planning district, allowing all notification to
be made to the same planning entity. A certain
facility subject to EPCRA emergency planning
requirements is located such that its perimeter
extends across the planning jurisdiction
boundaries of two LEPCs. In this case, which
LEPC is responsible for including the facility
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July 1995
Hotline Questions and Answers
in its emergency response plan? To which
LEPC should the facility fulfill its reporting
obligations under EPCRA §§303(d), 304, 311,
and 312?
LEPCs who share jurisdiction over a facility
should decide on how they will share
responsibility for including the facility in their
emergency planning activities and how they
will accept information required under EPCRA
§§303(d), 304, 311, and 312. With respect to
§303(d), if the facility is located within two
districts, it must provide the required
notification to both LEPCs. Since EPCRA
§304 requires facilities to notify the LEPC
responsible for any area likely to be affected
by a release of a reportable chemical (40 CFR
§355.40(b)(l)), both LEPCs should receive
release notification to ensure sufficient
emergency response. EPCRA §§311 and 312
require information to be submitted to the
appropriate LEPC (EPCRA §§311(a)(l)(A),
and312(a)(l)(A)). LEPCs may reach an
agreement as to which is the appropriate
LEPC, and thus determine which would
receive information submitted under §§311
and 312. In the absence of such an agreement,
the facility would need to report to both
LEPCs.
5. Ammonia and Ammonium
Hydroxide Reporting Under EPCRA
§§302 and 304
Ammonia (CAS #7664-41-7) is listed on the
Extremely Hazardous Substance (EHS) list
found at 40 CFR Part 355 Appendix A and B,
with a threshold planning quantity (TPQ) of
500 pounds. A facility stores ammonium
hydroxide (CAS #1336-21-6), which does not
appear on the EHS list, on site in excess of 500
pounds. Since ammonium hydroxide is
essentially a mixture of ammonia and water,
should the facility include the quantity of
ammonia in ammonium hydroxide toward TPQ
and reportable quantity (RQ) calculations for
purposes of EPCRA §§302 and 304 reporting?
The quantities of ammonia in ammonium
hydroxide should be considered separately
when determining reporting requirements
under EPCRA §§302 and 304. This is
consistent with the listing under CERCLA (40
CFR Table §302.4), where ammonia and
ammonium hydroxide are specifically and
separately listed as hazardous substances.
Thus, ammonia (CAS #7664-41-7) and
ammonium hydroxide (CAS #1336-21-6) are
considered different chemicals for EHS
purposes.
The notification requirement in EPCRA §302
applies to facilities with quantities of EHSs
present on-site equal to or in excess of a TPQ.
Ammonia is considered an EHS, therefore, a
facility with a TPQ or more of ammonia is
required to provide EPCRA §302 notification.
Since ammonium hydroxide is considered
distinct from ammonia, and is not specifically
listed as an EHS, it is not subject to emergency
planning requirements. A facility storing a
large quantity of ammonium hydroxide,
however, may have free ammonia in the
headspace of a storage tank. A facility must
report the ammonia in the headspace of a
storage tank under EPCRA §302 if this amount
of free ammonia equals or exceeds the TPQ at
any time.
EPCRA §304 applies to chemicals listed as
either CERCLA hazardous substances (40
CFR §302.4) or EHSs. Both ammonia and
ammonium hydroxide are specifically listed as
CERCLA hazardous substances and both
chemicals, therefore, are subject to EPCRA
§304 reporting requirements. Ammonia has a
RQ of 100 pounds and ammonium hydroxide
has an RQ of 1000 pounds. If either chemical
is released to the environment above its
designated RQ within a 24-hour period, the
facility is subject to EPCRA §304 notification
requirements (40 CFR §355.40).
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NEW PUBLICATIONS
HOW TO ORDER
NTIS Publications are available by calling (703) 487-4650, or writing NTIS, 5285 Port Royal Road,
Springfield, VA 22161. Use the NTIS Order Number listed under the document.
EPA Publications are available through the Hotline. Use the EPA Order Number listed under the document.
RCRA/UST, Superfund, and EPCRA
National Toll-Free No.: 800-424-9346
Local: 703-412-9810
TDD National Toll-Free No.: 800-553-7672
RCRA
TITLE: "Final Best Demonstrated Available
Technology (BDAT) Background Document
for Universal Standards Volume A: Universal
Standards for Nonwastewater Forms of Listed
Hazardous Wastes"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-230 926
This background document, which is Part A of
a two volume set, provides EPA's rationale and
technical support for selecting the constituents
regulated and the treatment requirements for
the wastewater forms in the universal treatment
standards table under the Land Disposal
Restrictions program. These universal
standards replace BDAT treatment standards in
most of the previously promulgated waste
codes and are used to promulgate treatment
standards for newly listed wastes.
TITLE: "Final Best Demonstrated Available
Technology Background Document for F001-
F005 Spent Solvents"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-230 876
This background document provides EPA's
rationale and technical support for revising the
F001-F005 treatment standards promulgated
on November 7, 1986, and August 17, 1988. It
also includes EPA's approach to and technical
support for the treatment standards for
wastewater and nonwastewater forms of F001-
F005. Finally, the document contains the
revised F001-F005 treatment standards.
TITLE: "Test Methods for Evaluating Solid
Waste: Physical/Chemical Methods (SW-846)
Third Edition; Final Update 1 IB"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-234 480
This packet contains revised material for
inclusion in Test Methods for Evaluating Solid
Waste. Specifically, it includes a methods
status table which is a sequentially numbered
listing of all SW-846 methods and their current
status. The update packet also includes two
revised methods: Method 9040B for pH
electrometric measurement and method 9045C
for soil and waste pH.
TITLE: "Final Best Demonstrated Available
Technologies (BDAT) Background Document
for Chlorinated Toluene Wastes K149, K150,
andKlSl"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-230 942
This background document provides the
Agency's rationale and technical support for
selecting the constituents regulated and the
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New Publications
July 1995
applicable treatment standards under the Land
Disposal Restrictions program for the K149,
K150, and K151 listed wastes. The document
also contains waste characterization data that
may serve as a basis for determining whether a
variance from the applicable treatment
standards is warranted for a particular type of
chlorinated toluene waste.
TITLE: "Final Best Demonstrated
Technology (BDAT) Background Document
for Organic Toxicity Characteristic Wastes
D018-D043 and Addendum to Nonwastewater
Forms of Pesticide Toxicity Characteristic
Wastes D012-D-017"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-230 918
This background document provides the
Agency's rationale and technical support for
selecting the constituents regulated and the
applicable treatment standards under the Land
Disposal Restrictions program for the DO 18-
D043 and D012-D017 listed wastes. This
document also provides waste characterization
data that may serve as a basis for determining
whether a variance from the applicable
treatment standards is warranted for a
particular waste.
TITLE: "Crude Oil and Natural Gas
Exploration and Production Wastes:
Exemption from RCRA Subtitle C Regulation"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-K-95-003
This document was published to provide an
understanding of the exemption of certain oil
and gas exploration and production (E&P)
wastes from regulation as hazardous wastes
under Subtitle C of RCRA. Specifically, this
document includes a basic background of the
E&P exemption and basic rules for
determining the exempt or non-exempt wastes,
answers to frequently asked questions, and
additional sources of information.
TITLE: "Final Best Demonstrated Available
Technology (BDAT) Background Document
for Newly Listed Refinery Wastes F034 and
F038"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-230 843
This background document provides EPA's
rationale and technical support for selecting the
constituents regulated, and the applicable
standards under the Land Disposal Restrictions
program for the F037 and F038 listed wastes.
This document also provides all waste
characterization information available to the
Agency.
TITLE: "Final Best Demonstrated Available
Technology (BDAT) Background Document
(Addendum) for All Nonwastewater Forms of
K061 and Alternative BDAT Treatment
Standards for F006 and K062 Nonwastewaters"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-230 884
This background document is an addendum for
the nonwastewater forms of K061, K062, and
F006 listed wastes under the Land Disposal
Restriction program. The purpose of this
document is to present EPA's rationale and
supporting technical information for removing
the existing subcategories for K061
nonwastewaters (i.e., low zinc and high zinc)
and establishing one set of treatment standards
that will apply to all nonwastewater forms of
K061. This background document also
presents the Agency's decision for establishing
alternative treatment standards for F006 and
K062 nonwastewaters.
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July 1995
New Publications
TITLE: "Summary of OSW'sRCRA
Regulatory Reform Analysis: Preliminary
Results"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-R-95-015
This document reports the findings of the
Office of Solid Waste's analysis of the existing
regulations. The report reviews each section
of the RCRA regulations, and places the
section into one of four recommendation
categories: no action, obsolete, revision of
rules, or needed. Background is given for
EPA's rationale for each designation.
TITLE: "Reusable News (Spring 1995"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-N-95-003
Reusable News is a quarterly newsletter that
reports on municipal solid waste management
topics. The Summer 1995 edition includes
articles that announce new milestone's reached
in the McDonald's "Buy Recycled" campaign,
as well as efforts by the Atlanta Committee for
the Olympic Games to provide recycling bins
and other waste reducing measures for the
1996 Summer Olympic Games. The
newsletter also includes information regarding
the increase of household hazardous waste
programs in the United States, and it
introduces two new resources available on life-
cycle assessments.
TITLE: "Final Best Demonstrated Available
Technology (BDAT) Background Document
for Universal Standards for Wastewater Forms
of Listed Hazardous Wastes"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-230 934
This background document, which is Part B of
a two volume set, provides EPA's rationale and
technical support for selecting the constituents
regulated and the treatment requirements in the
universal treatment standards table under the
Land Disposal Restrictions program. These
universal standards replace BDAT treatment
standards in most of the previously
promulgated waste codes and will be used in
the future to promulgate treatment standards for
newly listed wastes.
TITLE: "Final Best Demonstrated Available
Technology (BDAT) Background Document
for Coking Wastes K141-145, KMT, and
K148"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-230 868
This background document provides the
Agency's rationale and technical support for
selecting the constituents regulated, and the
applicable treatment standards under the Land
Disposal Restrictions program for the K141-
K145, K147, and K148 listed wastes. This
document also provides waste characterization
data that may serve as a basis for determining
whether a variance from the applicable
treatment standards is warranted for a particular
type of coking waste that may be more difficult
to treat than the wastes on which the BDAT
treatment standards are based.
TITLE: "Final Best Demonstrated Available
Technology (BDAT) Background Document
for Newly Listed Wastes K107, K108, K109,
Kl 10, Kl 11, Kl 12, U328, U353, Kl 17, Kl 18,
K136, K123, K124, K125, K126, K131, K132,
U359"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-230 850
This background document provides EPA's
rationale and technical support for selecting the
constituents regulated and the treatment
requirements in the universal treatment
standards table under the Land Disposal
Restrictions program. These universal
standards include both methods of treatment
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New Publications
July 1995
and concentration-based treatment standards.
This document also presents the following
waste-specific information: number and
locations of facilities that may be affected by
the land disposal restrictions for these wastes;
the processes generating these wastes; waste
characterization data; the technologies used to
treat these wastes (or similar wastes; if any);
and the treatment performance data on which
the treatment standards are based.
TITLE: "Final Amendments to the Final Best
Demonstrated Available Technology (BDAT)
Background Documents for Wastes for Which
Wastewater Treatment Standards Were
Determined Based on Concentrations in
Incinerator Scrubber Water: KOI5, KOI6,
KOI8, KOI9, K020, K023, K024, K028, K030,
K048, K049, K050, K051, K052, K087, K093,
K094, U028, U069, U088, U102, U107, and
U190"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-963 892
This background document provides EPA's
rationale and technical support for selecting the
regulated constituents and the treatment
requirements in the universal treatment
standards table under the Land Disposal
Restrictions program. These universal
standards include both treatment methods and
concentration-based treatment standards. The
Agency is revising the treatment standards for
wastewater forms of the wastes discussed and
basing the treatment standards on available
wastewater treatment performance data rather
than concentrations in incinerator scrubber
water.
TITLE: "Cost and Economic Impact Analysis
of Land Disposal Restrictions for Newly Listed
Wastes and Contaminated Debris (Phase I
LDRs) Final Rule"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-230 900
This document contains information from the
Regulatory Impact Analysis (RIA) which the
Agency conducted for the Land Disposal
Restrictions Phase I Final Rule published in
the Federal Register on August 18, 1992 (57
FR37194). It includes data on the annual
incremental cost of the regulation, and how
cost increases could affect industries;
consumers; federal; state and local government
agencies; and geographic regions. It also
addresses how the cost of the rulemaking will
affect employment, investment, innovation,
and/or international trade.
TITLE: "Regulatory Impact Analysis of Land
Disposal Restrictions for Newly Identified
Wastes and Hazardous Soil (Phase II LDRs)
Final Rule"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-230 959
This report estimates the costs, economic
impacts, and benefits of the Land Disposal
Restrictions (LDRs) for newly identified
wastes and hazardous soil published in the
Federal Register on September 19,1994 (59
ER 47982). The document outlines the wastes
affected by the rule, and the cost and economic
impacts of implementation.
10
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July 1995
New Publications
TITLE: "Don't Trash It: Super Fun"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-K-95 005
This document was developed by National
Geographic World and EPA. It is an activity
book which contains puzzles and games that
teach children about landfills and the benefits
of waste minimization and recycling.
TITLE: "Landscaping Products Containing
Recovered Materials"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-B-95-003
This document is a list of manufacturers and
suppliers of landscaping products containing
recovered materials. This list was compiled to
facilitate implementation of EPA's
Comprehensive Procurement Guideline and to
assist consumers interested in purchasing and
using products containing recovered materials.
The list provides company names, addresses,
phone numbers, and contacts for additional
assistance.
TITLE: "Vehicular Products Containing
Recovered Materials"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-B-95-005
This document is a list of manufacturers and
suppliers of vehicular products containing
recovered materials. This list was compiled to
facilitate implementation of EPA's
Comprehensive Procurement Guideline and to
assist consumers interested in purchasing and
using products containing recovered materials.
The list provides company names, addresses,
phone numbers, and contacts for additional
assistance.
TITLE: "Parks and Recreation Products
Containing Recovered Materials"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-B-95-007
This document is a list of manufacturers and
suppliers of parks and recreation products
containing recovered materials. This list was
compiled to facilitate implementation of EPA's
Comprehensive Procurement Guideline and to
assist consumers interested in purchasing and
using products containing recovered materials.
The list provides company names, addresses,
phone numbers, and contacts for additional
assistance.
TITLE: "Tissue Mills Which Use
Postconsumer Recovered Paper"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-B-95-008
This document is a list of tissue mills in the
United States and Canada which use
postconsumer recovered paper. This list was
compiled to facilitate implementation of EPA's
Comprehensive Procurement Guideline and to
assist consumers interested in purchasing and
using products containing recovered materials.
The list provides company names, addresses,
phone numbers, and contacts for additional
assistance.
TITLE: "Mills Which Produce Newsprint
Containing at Least Forty Percent
Postconsumer Recovered Paper"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-B-95-009
This document is a list of mills in United
States and Canada which produce newsprint
containing postconsumer recovered paper.
This list was compiled to facilitate
implementation of EPA's Comprehensive
Procurement Guideline and to assist consumers
interested in purchasing and using products
11
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New Publications
July 1995
containing recovered materials. The list
provides company names, addresses, phone
numbers, and contacts for additional
assistance.
TITLE: "Mills Which Manufacture Printing
& Writing Paper, Computer Paper, Office
Paper, Envelopes, Bristols, and Coated
Printing and Writing Papers Using Recovered
Paper"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-B-95-010
This document is a list of mills in the United
States and Canada which manufacture various
types of paper that contain postconsumer
recovered paper. This list was compiled to
facilitate implementation of EPA's
Comprehensive Procurement Guideline and to
assist consumers interested in purchasing and
using products containing recovered materials.
The list provides company names, addresses,
phone numbers, and contacts for additional
assistance.
UST
TITLE: "Don't Wait Until 1998: Brief Facts"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA510-F-95-002
This brochure summarizes the upgrading
requirements for existing underground storage
tanks which are further detailed in the
publication, Don't Wait Until 1998: Spill.
Overfill, and Corrosion Protection for
Underground Storage Tanks. EPA510-B-94-
002, also available through the Hotline.
TITLE: "How to Evaluate Alternative
Cleanup Technologies for Underground
Storage Tank Sites: A Guide for Corrective
Action Plan Reviewers"
AVAILABILITY: GPO
GPO ORDER NO.: GPO 055-000-00499-4
EPA developed this manual as guidance for
state regulators who evaluate corrective action
plans (CAPS) that incorporate alternative
technologies at underground storage tank
(UST) sites. This revised edition updates the
version of the manual published in October
1994 by adding two new chapters addressing
in-situ groundwater bioremediation and dual-
phase extraction.
OTHER
TITLE: "OSWER Environmental Justice
Action Agenda: Factsheet"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-963 297
This f actsheet provides an overview of the
OSWER Environmental Justice Action
Agenda, released in May 1995. It includes
examples of the partnership OSWER has
formed with the public and program action
items. The factsheet gives details on health
and environmental research; data collection,
analysis, and stakeholder access to
information; partnerships, outreach and
communication with stakeholders; Native
American, indigenous, and tribal programs;
and the integrating of environmental justice
into all Agency activities.
TITLE: "Waste Programs Environmental
Justice Accomplishments Report: Factsheet"
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-963 298
This factsheet provides an overview of the
document Waste Programs Environmental
12
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July 1995
New Publications
Justice Accomplishments Report. A brief
summary of accomplishments in five major
areas are listed in the factsheet. They include:
health initiative; public involvement; economic
redevelopment, jobs, and worker training;
contracts and grants; and partnerships.
TITLE: "Monthly Hotline Report"
AVAILABILITY: NTIS
NTIS ORDER NO.: See below
Yearly Subscription
January 1995
February 1995
March 1995
April 1995
May 1995
June 1995
July 1995
PB95-922 400
530-R-95-002
PB95-922 401
530-R-95-002a
PB95-922 402
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
PB95-922 406
530-R-95-002f
PB95-922 407
530-R-95-002g
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.
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.
13
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FEDERAL REGISTERS
FINAL RULES
RCRA
"Connecticut; Final Approval of State
Underground Storage Tank Program"
July 5,1995 (60 F_R 34879)
EPA concluded 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. As a consequence, EPA intends to
grant final approval to the state to operate its
program in lieu of the federal program. Final
authorization for the program shall be
effective on August 4, 1995.
"Liquids in Landfills: Addition of Test
Method to Demonstrate Sorbent Non-
biodegradability"
July 11,1995 (60 EH 35703)
In 1984, Congress required EPA to
promulgate a rule that prohibited the disposal
in hazardous waste landfills of containerized
liquids that had been absorbed in
biodegradable materials. EPA has granted a
petition to add a third test method to
demonstrated that a sorbent is non-
biodegradable. If significant adverse
comments are received, this direct final rule
will be withdrawn and all public comments
received will be addressed in a subsequent
final rule. This final action will become
effective on September 11,1995, unless EPA
receives significant adverse comment on the
proposal by August 10, 1995.
"Arizona; Authorization of State
Hazardous Waste Management
Program Revisions"
July 18,1995 (60 FR 36731)
EPA responded to the comment received on
the immediate final rule published April 11,
1995 (60 FR 18356), and affirmed the
Agency's decision to authorize Arizona's
revised RCRA program. This rule is effective
as of June 12, 1995.
"Ohio; Authorization of State
Hazardous Waste Management
Program Revisions"
July 27,1995 (60 EH 38502)
EPA intends to approve revisions to Ohio's
hazardous waste program under RCRA. Final
authorization will be effective September 25,
1995, unless EPA publishes a prior action
withdrawing this immediate final rule.
Comments must be received on or before
August 26, 1995.
CERCLA
"National Priorities List; Dakhue
Sanitary Landfill Superfund Site"
July 24,1995 (60 EH 37827)
EPA announced the deletion of the Dakhue
Sanitary Landfill Site, located in Cannon
Falls, Minnesota, from the National Priorities
List. The Agency published a notice of its
intent to delete the site on March 15,1995 (60
F_R 13944). EPA and the State of Minnesota
have determined that no further cleanup under
CERCLA is appropriate and that remedial
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Federal Registers •
July 1995
actions at the site have been protective of
public health, welfare, and the environment.
The effective date of this action is July 24,
1995.
PROPOSED RULES
RCRA
"Liquids in Landfills: Addition of Test
Method to Demonstrate Sorbent Non-
biodegradability"
July 11,1995 (60 FR 35718)
In 1984, Congress required EPA to
promulgate a rule that prohibited the disposal
in hazardous waste landfills of containerized
liquids that had been absorbed in
biodegradable materials. EPA has issued a
proposed rule to grant a petition to add a third
test method that demonstrates the non-
biodegradability of sorbants. Written
comments must be received by August 10,
1995.
"Identification and Listing of
Hazardous Waste in the Dye and
Pigment Industries: Extension of
Comment Period"
July 17,1995 (60 F_fi 36377)
EPA again extended the comment period for
the proposed listing determination on a
number of wastes generated during the
production of dyes and pigments, which
appeared in the Federal Register on
December 22, 1994 (59 ER 66072).
Comments must now be received by
October 17, 1995.
"Hazardous Waste Management
System; Testing and Monitoring
Activities"
July 25,1995 (60 F_R 37974)
EPA is proposing to revise certain testing
methods and to add several new testing
methods that may be used to comply with the
requirements of Subtitle C of RCRA. The
new and revised methods, designated as
Update III, are proposed to be added to the
Third Edition of Test Methods for Evaluating
Solid Waste. Physical/Chemical Methods
(SW-846V In addition, EPA is proposing to
delete several obsolete methods from SW-846
and the RCRA regulations. Comments must
be submitted on or before September 25,
1995.
"Wyoming; Final Authorization of State
Hazardous Waste Management
Program"
July 27,1995 (60 Efi 38537)
EPA has reviewed Wyoming's application
for final authorization of its hazardous waste
regulatory program under RCRA and has
made the tentative decision that Wyoming's
hazardous waste program satisfies all of the
requirements necessary to qualify for final
authorization. EPA intends to grant final
authorization to the state to operate its
hazardous waste program. A public hearing is
scheduled for August 29, 1995. All comments
must be received by August 28, 1995.
CERCLA
"National Priorities List; Brown Wood
Preserving Superfund Site"
July 6,1995 (60 Efi 35160)
EPA announced its intent to delete the
Brown Wood Preserving Site, located in Live
Oak, Florida, from the National Priorities List
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July 1995
Federal Registers
EPA and the State of Florida have 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 proposed deletion will be accepted through
August 7, 1995.
"National Priorities List; Stewco,
Incorporated Superfund Site"
July 26,1995 (60 Ffi 38297)
EPA Region 6 announced its intent to delete
the Stewco, Incorporated Site, located in
Waskom, Texas, from the National Priorities
List. EPA and the State of Texas have
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 proposed deletion
will be accepted through August 25, 1995.
NOTICES
RCRA
"Massachusetts; Adequacy
Determination of State/Tribal
Municipal Solid Waste Permit
Program"
July 5,1995 (60 EB 34982)
Pursuant to RCRA §4005(c)(l)(C), EPA has
concluded that the Commonwealth of
Massachusetts' municipal solid waste landfill
permitting program meets all of the statutory
and regulatory requirements established by
RCRA. EPA has therefore granted a final
determination of adequacy for all portions of
Massachusetts' municipal solid waste permit
program. The determination of adequacy for
Massachusetts will be effective on July 5,
1995. EPA also noted that the Agency intends
to propose a State/Tribal Implementation Rule
(STIR). STIR will provide procedures by
which EPA will approve, or partially approve,
State/Tribal landfill permit programs.
"Organic Air Emission Standards for
Tanks, Surface Impoundments, and
Containers"
July 7,1995 (60 EB 35452)
EPA has issued a notice correcting an error
in the December 6, 1994, Subpart CC Federal
Register (59 FR 62896). On page 62912, in
the second column, in the second line, "CESA"
should read "CE2A."
"Hazardous Waste Disposal Injection
Restrictions; Final Approval for Case-
By-Case Extension"
July 10,1995 (60 EB 35558)
EPA granted final approval to Great Lakes
Chemical Corporation (Great Lakes) in El
Dorado, Arkansas for an additional case-by-
case extension for specific injected wastes.
The applicant successfully demonstrated that
there was insufficient capacity to manage its
waste and has entered into a binding
contractual commitment to construct or
otherwise provide such capacity. This
approved extension of the LDR effective date
becomes effective June 30,1995.
"Proposed Consent Decree; Saranac,
Michigan Facility"
July 13,1995 (60 EB 36163)
A Consent Decree in United States v. Lacks
Industries. Inc. was lodged with the U.S.
District Court for the District of Michigan on
June 29,1995. The proposed decree requires
Lacks to comply with several RCRA
provisions, perform corrective action
measures, and pay a $250,000 civil penalty.
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Federal Registers
July 1995
NOTICES
DOJ will receive comments for a period of 30
days from the date of publication.
"Proposed Settlement Agreement and
Order; Aero Plating Works Facility"
July 19,1995 (60 F_fi 37077)
A proposed Settlement Agreement and Order
in United States v. Maiorano was lodged with
the U.S. District Court for the Northern
District of Illinois on July 7, 1995. The
proposed decree requires the defendants to pay
$8,000 into an account that will be used to pay
for the costs of necessary closure activities.
DOJ will receive comments for a period of 30
days from the date of publication.
"Hazardous Waste Disposal Injection
Restrictions; Intent to Grant a
Modification"
July 24,1995 (60 F_fi 37892)
EPA has proposed to allow the modification
of BP Chemicals, Inc.'s (BPCI) exemption
from the LDR ban on disposal of certain
hazardous waste through injection wells for
BPCI's site in Lima, Ohio. EPA determined
with a reasonable degree of certainty that
BPCI's injected wastes will not migrate out of
the injection zone within the next 10,000 years.
Comments will be accepted on or before
September 11,1995.
"Ash from Municipal Solid Waste
Combustion"
July 24,1995 (60 F_B 37896)
EPA announced the availability of the
guidance document, Guidance for the
Sampling and Analysis of Municipal Waste
Combustion Ash for the Toxicity
Characteristic. The Agency developed the
guidance to assist generators of ash from
municipal solid waste combustors in
determining whether their ash exhibits the
toxicity characteristic.
"Vermont; Adequacy Determination of
State/Tribal Municipal Solid Waste
Permit Program"
July 26,1995 (60 Ffi 38327)
Pursuant to RCRA §4005(c)(l)(C), EPA
gave notice of a tentative determination, public
hearing, and public comment period
concerning the adequacy of Vermont's
municipal solid waste landfill permit program.
Comments must be submitted on or before
August 25,1995. If comments reflect
significant interest, a public hearing will be
held on October 12, 1995.
RCRA/CERCLA
"Proposed Consent Decree; Yellow
Water Road Superfund Site"
July 14,1995 (60 £R 36309)
A proposed consent decree in United
States v. American National Can Company, et
aL was lodged on July 5,1995, with the U.S.
District Court for the Middle District of
Florida. The Consent Decree provides a
covenant not to sue by the United States under
CERCLA §§106 and 107 and under §7003 of
RCRA in connection with the Yellow Water
Road Superfund Site near Baldwin, Florida. In
exchange, the settling parties will perform
remedial actions at the site and will reimburse
the United States for past and future costs
incurred in relation to the site. DOJ will
receive comments for a period of 30 days from
the date of publication.
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July 1995
Federal Registers
NOTICES
"Proposed Consent Decree; Coakley
Landfill Superfund Site"
July 20,1995 (60 EB 37473)
A proposed consent decree in United
States v. Coakley Landfill. Inc.. et al.. was
lodged on July 11, 1995, with the U.S. District
Court for the District of New Hampshire.
Under the proposed Consent Decree, the
defendants will pay $686,927 to the Hazardous
Substances Superfund for past and future
response costs incurred by EPA, $89,261 to
DOI for natural resource damages, and
$66,212 to the State of New Hampshire for
past and future response costs incurred by the
state. In exchange, the Consent Decree
provides for a covenant not to sue, under
§§106 and 107 of CERCLA and §7003 of
RCRA. DOJ will receive comments for a
period of 30 days from the date of publication.
CERCLA
"Final Policy Toward Owners of
Property Containing Contaminated
Aquifers"
July 3,1995; (60 EB 34790)
EPA announced and published a policy
stating the Agency's position that, subject to
certain conditions, where hazardous substances
have come to be located on or in a property
solely as the result of subsurface migration in
an aquifer from a source or sources outside the
property, EPA will not take enforcement
actions against the owner of such property.
"Agreements With Prospective
Purchasers of Contaminated
Property"
July 3,1995; (60 EB 34792)
EPA announced and published new guidance
clarifying when the Agency will provide a
covenant not to sue a prospective purchaser of
contaminated property under CERCLA. The
new guidance, which supersedes previously
published Agency policy toward prospective
purchasers, essentially expands the criteria by
which the Agency will consider entering into
prospective purchaser agreements, while also
expanding the universe of eligible sites. A
model prospective purchaser agreement is
included in the new guidance.
"Correction to Final Rule; Reportable
Quantity Adjustments"
July 10,1995 (60 EB 35492)
This notice corrects errors in the amendatory
language of the June 12, 1995 final rule which
adjusted reportable quantities for certain
hazardous substances under CERCLA (60 FR
30926).
"Proposed Consent Decree; Dixiana
Superfund Site"
July 13,1995 (60 EB 36163)
A proposed consent decree in United
States v. Monsanto Company, et al.. was
lodged on July 3,1995, with the U.S. District
Court for the District of South Carolina.
Under the proposed Consent Decree, the
United States has obtained from the defendants
$4,132,837 for past response costs, as well as a
commitment for payment of all of EPA's
future oversight costs incurred in connection
with the Dixiana Superfund Site in Lexington
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Federal Registers
July 1995
NOTICES
County, South Carolina. DOJ will receive
comments for a period of 30 days from the date
of publication.
"Proposed Consent Decree; Olin
Chemical/Mclntosh Plant"
July 14,1995 (60 EB 36309)
A proposed consent decree in United
States v. Olin Corporation was lodged on
July 5, 1995, with the U.S. District Court for
the Southern District of Alabama, Southern
Division. This Agreement would resolve a
judicial enforcement action brought by the
United States against Olin Corporation,
pursuant to §§106 and 107 of CERCLA, in
connection with the Olin Chemical/Mclntosh
Plant Superfund Site in Mclntosh, Alabama.
Under the proposed Consent Decree, Olin
Corporation has agreed to pay past response
costs and future oversight costs associated with
the site, and has accepted responsibility for
further remedial actions. DOJ will receive
comments for a period of 30 days from the date
of publication.
"National Priorities List; Whidbey Island
Seaplane Base Superfund Site"
July 18,1995 (60 EB 36770)
EPA Region 10 announced its intent to delete
the Whidbey Island Seaplane Base Site from
the National Priorities List. EPA and the State
of Washington have 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
proposed deletion will be accepted through
August 17,1995.
"Proposed Consent Decree; Carolawn
Superfund Site"
July 19,1995 (60 FR 37076)
A proposed consent decree in United
States v. AAF McQuay. Inc.. et al.. was lodged
on June 30, 1995, with the U.S. District Court
for the District of South Carolina. Under the
proposed Consent Decree, 30 PRPs (referred to
as the "SEPCO Group" ) will pay $292,500 in
response costs associated with the remedial
action at the Carolawn Superfund Site, located
near Fort Lawn, South Carolina. DOJ will
receive comments for a period of 30 days from
the date of publication.
"Proposed Consent Decree; Titan
Lighting Superfund Site"
July 19,1995 (60 EB 37076)
A proposed consent decree in United
States v. A.O.W. Capitol Associates, et al.. was
lodged on July 5, 1995, with the U.S. District
Court for the District of New Jersey. Under
the proposed Consent Decree, the defendants
have agreed to pay the United States $180,000
for response costs incurred by EPA at the Titan
Lighting Superfund Site in Trenton, New
Jersey. DOJ will receive comments for a
period of 30 days from the date of publication.
"Proposed Consent Decree; Dickerson
Post Superfund Site"
July 19,1995 (60 EB 37077)
A proposed consent decree in United
States v. Amtreco. Inc.. et al.. was lodged on
June 14,1995, with the U.S. District Court for
the Middle District of Georgia. Under the
proposed Consent Decree, AT&T Corporation,
Western Electric Company, Inc., and Lee
Engineering & Construction Company will pay
a total of $140,500 for past response costs
20
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July 1995
Federal Registers
NOTICES
incurred in connection with the Dickerson Post
Superfund Site in Clinch County, Georgia.
DOJ will receive comments for a period of 30
days from the date of publication.
"Consent Decree; Maxey Flats Disposal
Superfund Site"
July 19,1995 (60 EB 37078)
Two consent decrees in United States v. U.S.
Ecology. Inc.. et al.. were lodged on June 5,
1995, with the U.S. District Court for the
Eastern District of Kentucky. One Consent
Decree, the "De Maximus Consent Decree,"
provides for the design and implementation of
a remedy for the Maxey Flats Disposal
Superfund Site in Reming County, Kentucky,
and for the reimbursement of $5.313 million in
response costs incurred by EPA. The second
Consent Decree, the "De Minimis Consent
Decree," provides for the reimbursement of
costs incurred by the United States and certain
private parties in responding to the release and
threatened release of hazardous substances at
the site. DOJ will receive comments for a
period of 30 days from the date of publication.
"Proposed Consent Decree; Blosenski
Landfill Superfund Site"
July 20,1995 (60 EB 37473)
Three proposed consent decrees in United
States v. Joseph M. Blosenski. Jr.. et al.. were
lodged on July 11,1995, with the U.S. District
Court for the Eastern District of Pennsylvania.
Each of the proposed Consent Decrees, in
conjunction with the Blosenski Landfill
Superfund Site in West Cain Township,
Pennsylvania, requires payment (and in some
cases promises of future work at the site) by
the settling parties, in exchange for resolution
of the United States' cost and penalty claims
against those parties. DOJ will receive
comments for a period of 30 days from the
date of publication.
"Proposed Settlement Agreement;
Hylebos Waterway Problem Areas of
the Commencement Bay Nearshore/
Tideflats Superfund Site"
July 20,1995 (60 FR 37474)
A proposed settlement agreement was lodged
on July 11, 1995, with the U.S. Bankruptcy
Court for the Northern District of Ohio in In re
SiMETCQ. Inc. The proposed Settlement
Agreement settles a claim relating to costs
incurred by EPA at the Hylebos Waterway
Problem Areas of the Commencement Bay
Nearshore/Tideflats Superfund Site in Pierce
County, Washington. Under the proposed
Settlement Agreement, SiMETCO, Inc., will
make appropriate payment in exchange for a
covenant not to sue, pursuant to CERCLA
§§106 and 107, by the United States. DOJ will
receive comments for a period of 30 days from
the date of publication.
"Proposed Purchaser Agreement;
Middletown Airfield Superfund Site"
July 24,1995 (60 EB 37896)
EPA executed a proposed Purchaser
Agreement associated with the Middletown
Airfield Superfund Site on June 21,1995. The
Purchaser Agreement would resolve certain
potential EPA claims under §§106 and 107 of
CERCLA against the prospective purchaser,
First Industrial Harrisburg, L.P. The purchaser
would be required to pay $75,000 to the
Hazardous Substances Superfund, provide site
access, cooperate fully with response activities,
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Federal Registers
July 1995
NOTICES
and exercise due care to protect public health
and safety at the site. Written comments will
be accepted for 30 days from the date of
publication.
"Proposed Consent Decree; Lowry
Landfill Superfund Site"
July 24,1995 (60 FJR 37903)
A proposed consent decree in United
States v. Alumet Partnership, et al.. was lodged
on July 10, 1995, with the U.S. District Court
for the District of Colorado. The proposed
Consent Decree is a "cash-out" decree which
requires a payment of $7.28 million and
resolves the United States' cost claims against
the Alumet Partnership in connection with the
Lowry Landfill Superfund Site in Arapahoe
County, Colorado. DOJ will receive
comments for a period of 30 days from the
date of publication.
"Proposed Consent Decree; Carolawn
Superfund Site"
July 19,1995 (60 EB 37076)
This is an exact duplicate of a
notice which appeared on July 19
(60 ER 37076)
A proposed consent decree in United
States v. AAF McOuay. Inc.. et al.. was lodged
on June 30,1995, with the U.S. District Court
for the District of South Carolina. Under the
proposed Consent Decree, 30 PRPs (referred to
as the "SEPCO Group") will pay $292,500 in
response costs associated with the remedial
action at the Carolawn Superfund Site, located
near Fort Lawn, South Carolina. DOJ will
receive comments for a period of 30 days from
the date of publication.
"Proposed Consent Decree; Lowry
Landfill Superfund Site"
July 24,1995 (60 EB 37903)
This is an exact duplicate of a
notice which appeared on July 24
(60 ER 37903)
A proposed consent decree in United
States v. Alumet Partnership, et al.. was lodged
on July 10, 1995, with the U.S. District Court
for the District of Colorado. The proposed
Consent Decree is a "'cash-out" decree which
requires a payment of $7.28 million and
resolves the United States' cost claims against
the Alumet Partnership in connection with the
Lowry Landfill Superfund Site in Arapahoe
County, Colorado. DOJ will receive
comments for a period of 30 days from the
date of publication.
"Federal Facilities Environmental
Restoration Dialogue Committee
Meeting"
July 26,1995 (60 EB 38327)
EPA announced a public meeting of the
Federal Facilities Environmental Restoration
Dialogue Committee to be held August 1-2,
1995. The purpose of the meeting is to
discuss issues related to improving the federal
facilities environmental restoration process.
"Proposed Consent Decree"
July 27,1995 (60 EB 38575)
A proposed Consent Decree in United
States v. Terry Shaner. et al.. was lodged on
July 10, 1995, with the U.S. District Court for
the Eastern District of Pennsylvania. The
proposed Consent Decree requires the current
site owners/operators to do three things: enter
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July 1995
Federal Registers
NOTICES
into a Consent Judgement for payment of
$50,000 (over time), based on EPA's
assessment of their inability to pay their fair
share of response costs; convey a conservation
easement to General Battery Corporation
(another signatory to the Decree); and waive
any claims for Takings under the Fifth
Amendment of the U.S. Constitution as well as
claims for statutory relocation benefits. Under
the same Decree, General Battery Corporation
(GBC) has agreed to pay $3,000,000
reimbursement to the Hazardous Substances
Superfund and a portion of EPA's future
response costs, as well as $24,000 for natural
resource damages plus up to $10,000 of DOI's
future costs. GBC is also required to perform
certain removal activities and to protect natural
resources at the site. DOJ will receive
comments for a period of 30 days from the
date of publication.
"Revised Model CERCLA RD/RA
Consent Decree"
July 28,1995 (60 F_fi 38817)
EPA published a revised version of the
Model CERCLA RD/RA Consent Decree
which supersedes the 1991 interim Model.
The substantive changes contained in the
revised Model Consent Decree are designed to
enhance the fairness and increase the number
of settlements in which PRPs agree to
implement government-selected remedies at
Superfund sites.
"ATSDR's Final Criteria for Determining
the Appropriateness of a Medical
Monitoring Program Under CERCLA"
July 28,1995 (60 Efi 38840)
The Agency For Toxic Substances Disease
Registry announced and published the criteria
to determine when periodic medical testing to
screen people at significant increased risk for
disease is appropriate, as well as requirements
for establishing a medical monitoring
programs at CERCLA sites.
23
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CALL ANALYSES
CALLS ANSWERED BY HOTLINE
July Daily Volume*
RCRA/UST
EPCRA and
Supertund
12 13 14 17 18 19 20 21 24 25 26 27 28 31
Year to Date*
RCRA/UST
January
February
March
April
May
June
July
Month
6,017
5,984
6,953
5.954
6,746
6,834
5,252
Cumulative
~
12,001
18,954
24,908
31,654
38,488
43,740
EPCRA and Superfund
January
February
March
April
May
June
July
Month
3,432
4,284
3,892
3,158
3,910
7,707
4,095
Cumulative
-
7,716
11,608
14,766
18,676
26,383
30,478
Documents
(All Proaram Areas)
January
February
March
April
May
June
July
Month
4,389
4,191
5,402
4,631
4,959
5,283
3,678
Cumulative
--
8,580
13,982
18,613
23,572
28,855
32,533
*A11 calls answered by the Call Management System, the Message Retrieval Line, and the Document Retrieval Line.
25
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Call Analyses
July 1995
QUESTIONS ANSWERED BY TYPE
July Daily Volume*
\_
Regulatory
Referral/Transfer
-\ \-
r-
1-
356
7 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 31
Day
Year to Date*
Regulatory
January
February
March
April
May
June
July
Month
12.045
11,182
12.817
10.851
13,051
19,381
12,290
Cumulative
~
23,227
36,044
46,895
59,946
79,327
91.617
Document
January
February
March
April
May
June
July
Month
5,285
5.301
6,643
5.636
6.707
7,924
5,855
Cumulative
-
10,586
17,229
22,865
29,572
37,496
43,351
Referral/Transfer
January
February
March
April
May
June
July
Month
1,518
1,689
1,747
1,328
1,652
2,276
1.349
Cumulative
-
3.207
4,954
6,282
7,934
10,210
11,559
* 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.
26
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July 1995
Call Analyses
QUESTIONS ANSWERED BY PROGRAM AREA
July 1995*
•Based on 18,145 questions and excludes 1,349 referrals and transfers made from both Hotlines. Includes the
Message Retrieval Line and the Document Retrieval Line.
Year to Date*
January
February
March
April
May
June
July
RCRA
Month
56%
(9,725)
52%
(9,474)
55%
(11,738)
55%
(9,814)
51%
(10,939)
45%
(13,075)
49%
(9,455)
Cumulative
«
54%
(19,199)
55%
(30,937)
55%
(40,751)
54%
(51,690)
52%
(64,765)
51%
(74,220)
UST
Month
6%
(1,012)
5%
(951)
6%
(1,290)
5%
(897)
5%
(1,052)
3%
(980)
4%
(828)
Cumulative
--
5%
(1,963)
6%
(3,253)
6%
(4,150)
5%
(5,202)
5%
(6,182)
5%
(7,010)
EPCRA
Month
24%
(4,215)
29%
(5.261)
23%
(4,904)
25%
(4,536)
31%
(6,684)
41%
(12,127)
31%
(6,084)
Cumulative
'--
27%
(9.476)
25%
(14,380)
25%
(18.916)
27%
(25,600)
30%
(37,727)
30%
(43,811)
Superfund
Month
14%
(2,378)
14%
(2,486)
16%
(3,275)
15%
(2,568)
13%
(2,735)
11%
(3,399)
16%
(3,127)
Cumulative
--
14%
(4,864)
14%
(8,139)
14%
(10,707)
14%
(13,442)
13%
(16.841)
14%
(19,968)
27
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Call Analyses
July 1995
CALLER PROFILE
RCRA/UST Hotline
Regulated Community 5,129
Citizens 178
State & Local Govt./Native American 218
Federal Agencies 132
Educational Institutions 120
EPA 106
Media 13
Interest Groups 7
Congress 2
International 9
Other 102
Referrals* 377
Transfers to EPCRA/Superfund Hotline* 340
Document Retrieval Line* 113
Message Retrieval Line* 758
TOTAL
7,604
State & Local Govt./
Native American
4%
All Others
6%
Citizens
3%
Federal Agencies
2%
Regulated
Community
* No caller profile data available.
28
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July 1995
Call Analyses
Emergency Planning and Community Right-to-Know Act/
Superfund Hotline
Manufacturers
Food/Tobacco 57
Textiles 38
Apparel 26
Lumber & Wood 31
Furniture 25
Paper 39
Printing & Publishing 39
Chemicals 165
Petroleum & Coal 56
Rubber & Plastics 42
Leather 33
Stone, Clay & Glass 62
Primary Metals 55
Fabricated Metals 64
Machinery (Excluding Electrical) 61
Electrical & Electronic Equipment 22
Transportation Equipment 61
Instruments 29
Misc. Manufacturing 279
Subtotal 1,184
Consultants/Engineers 2,538
Attorneys 309
Citizens 233
Public Interest Groups 24
Educational Institutions 73
EPA 60
Federal Agencies 151
GOCOs 11
Congress 3
State Officials/SERCs 78
Local Officials/LEPCs 133
Fire Departments 16
Hospitals/Laboratories 35
Trade Associations 22
Union/Labor 0
Farmers 2
Distributors 11
Insurance Companies 4
Media/Press 14
Native Americans 0
International 1
Other 125
Referrals* 271
Transfers to RCRA/UST Hotline* 361
Document Retrieval Line* 0
Message Retrieval Line* 1,054
TOTAL 6,713
Attorneys
6%
Citizens
5%
All Others
15%
Manufacturers
24%
Consultants/
Engineers
50%
* No caller profile data available.
29
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Call Analyses
July199S
HOTLINE TOPICS
RCRA
RCRA GENERAL 1,023
SUBTITLE C
Hazardous Waste Id. • General
Toxicity Characteristic (TC)
Wood Preserving Wastes
Listing of Used Oil
Ruff
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
Combustion
Industrial Waste
Solid Waste Recycling - General
Aluminum
Batteries
Glass
Paper
Plastics
Tires
Used Oil
1,314'
175
39
73
0
3301
21
17
6951
9281
237
73
21
5041
99
65
87
11
17
7661
175
213
143
141
20
176
18
29
57
7
74
103
55
18
202
2321
6
30
35
2991
15
22
11
47
37
21
113
Composting 62
Markets - General 24
Aluminum 4
Batteries 33
Compost 14
Glass 2
Paper 13
Plastics 8
Tires 6
Used Oil 34
Procurement General 1391
Building Insulation 9
Cement/Cement Products with Fly Ash 7
Paper and Paper Products 82
Re-Refined Lubricating Oil 19
Retread Tires 7
Source Reduction/Pollution Prevention 33
Grant and Financing 7
OTHER WASTES
Ash 20
Bevill Amendment (Mining Waste) 23
Medical Waste 104
Oil and Gas 11
TOTAL 9,455*
* Includes 2,655 RCRA document requests.
UST
General/Misc. 1691
Applicability/Definitions 86
Regulated Substances 26
Standards for New Tank Systems 29
Tank Standards and Upgrading 86
Operating Requirements 12
Release Detection 69
Release Reporting & Investigation 25
Corrective Action for USTs 129
Out-of-Service/Closure 98
Financial Responsibility 33
State Programs 27
Liability/Enforcement 26
LUST Trust Fund 13
TOTAL 828*
* Includes 923 UST document requests.
30
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.
-------
July 1995
Call Analyses
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
General:
General Title in Questions 5281
Trade Secrets 10
Enforcement 46
Liability/Citizen Suits 12
Training 4
Chemical-Specific Information 29
Emergency Planning (§§301-303):
General 64
Notification Requirements 31
SERC/LEPC Issues 79
EHSs/TPQs 60
Risk Communication/
Hazards Analysis 39
Exemptions 9
Emergency Release Notification (§304):
General 58
Notification Requirements 45
Reportable Quantities 76
CERCLA § 103 vs. SARA §304 58
ARIP/AHEDB/ERNS 3
Exemptions 10
Hazardous Chemical Reporting
(§§311-312):
General 60
MSDS Reporting Requirements 38
Tier I/II Requirements 121
Thresholds 33
Hazard Categories 10
Mixtures Reporting 17
Exemptions 32
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
7241
7151
2391
1,207'
93
61
487
15
103
63
277
235
2051
Special Topics:
CAA§112
General
RMPs
List of Regulated Substances
Federal Facilities Executive Order
341
491
17
TOTAL 6,084
"Includes 1,835 Emergency Planning and Community
Right-to-Know document requests
SUPERFUND
General/Misc. 205
Access & Information Gathering 46
Administrative Improvements
General 157
Environmental Justice/Brownfields 1941
S ACM/Presumptive Remedies 121
Soil Screening Levels 63
Administrative Record 15
ARARs 133
CERCLIS 103
Citizen Suits 9
Claims Against Fund 8
Clean-Up Costs 40
Clean-Up Standards 77
Community Involvement 53
Contract Lab Program (CLP) 15
Contractor Indemnification 9
Contracts 15
Definitions 28
Enforcement 57
Federal Facilities 26
Hazardous Substances 123
HRS 15
Liability 106
Local Gov't Reimbursement 29
Natural Resource Damages 25
NCP 70
Notification 76
NPL 1751
Off Site Rule 16
OSHA 5
PA/SI 20
PRPs 96
RD/RA 25
Reauthorization 23
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.
31
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- - '• M
Call Analyses . July 1995 'A
Remedial 121
Removal 55
RI/FS 46
Risk Assess./Health Effects 55
ROD 42
RQ 5361
Settlements 29
SITE Program 27
State Participation 6
State Program 13
TAGs 2
Taxes 10
Special Topics
Oil Pollution Act 2
SPCC Regulations 10
Radiation Site Cleanup 45
TOTAL 3,127*
"Includes 942 Superfund document requests.
TOTAL HOTLINE QUESTIONS,
DOCUMENT REQUESTS AND
REFERRALS: 19,494
1 Hot topics for this month
1 Topics arc calculated as the summation of all questions received by the Hotline. A single call may result In
multiple questions.
32
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