EPA530-R-95-002h
PB95-922 408
MONTHLY HOTLINE REPORT
August 1995
RCRA/UST, Superfund, and EPCRA
Hotline Questions and Answers
Resource Conservation and Recovery Act (RCRA)
Underground Storage Tanks (UST)
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA)
Emergency Planning and Community Right-to-Know (EPCRA),
1
2
3
4
New Publications
Resource Conservation and Recovery Act (RCRA).,
Underground Storage Tanks (UST)
Emergency Planning and Community Right-to-Know (EPCRA),
6
9
10
Federal Registers
Final Rules
Proposed Rules
Notices
Executive Order
13
15
17
17
Call Analyses
Calls Answered.
Caller Profiles...
Hotline Topics ..
25
28
30
RCRA/UST, Superfund, and EPCRA
National Toil-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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MONTHLY HOTLINE REPORT
AVAILABILITY
National Technical Information Service
(NTIS)
The Monthly Hotline Report can be ordered
through NTIS at (703) 487-4650. The NTIS
order numbers are as follows:
Yearly Subscription PB95-922 400
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March 1995 PB95-922 403
April 1995
May 1995
June 1995
July 1995
August 1995
PB95-922 404
PB95-922 405
PB95-922 406
PB95-922 407
PB95-922 408
EPA and State personnel can order the
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EPA530-R-95-002.
ELECTRONIC AVAILABILITY
The Monthly Hotline Report Questions and
Answers are also available for downloading at
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The complete text of the 1993, 1994, and 1995
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Core Server at gopher.epa.gov, follow this
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OMB Control No. 2090-0019
Expires on 10/31/97
RCRA/UST, Superfund and EPCRA Hotline
Customer Satisfaction Survey
on the Monthly Hotline Report
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HOTLINE QUESTIONS AND ANSWERS
RCRA
1. Purpose and Applicability of
Speculative Accumulation
Provision
RCRA regulates secondary materials that
are defined as solid wastes when recycled.
Whether or not a given material meets the
definition of solid waste when recycled
depends primarily on how the material is
categorized (e.g., spent material, sludge,
commercial chemical product) and the means
of recycling (e.g., burning for energy
recovery, reclamation, use or reuse). The
RCRA Subtitle C regulations also indicate that
materials which are "accumulated
speculatively" prior to recycling are solid
wastes (§2612(c)(4)). What is the purpose of
this speculative accumulation provision? To
which materials does the provision apply?
EPA created the speculative accumulation
provision to mitigate the risk posed by
facilities that overaccumulate hazardous
secondary materials prior to recycling. The
provision serves as a safety net, preventing
recyclable materials that are not otherwise
regulated under RCRA from being stored
indefinitely and potentially causing
environmental damage. EPA subjects persons
who "accumulate speculatively" (i.e., persons
who fail to recycle a sufficient percentage of a
recyclable material during the calendar year or
fail to demonstrate that a feasible means of
recycling exists) to immediate regulation as
hazardous waste generators or storage
facilities. (50 FR 614, 650; January 4, 1985).
The speculative accumulation provision
generally applies to secondary materials that
are not solid wastes when recycled
(§§261.1(c)(8),261.2(c)(4), and
261.2(e)(2)(iii)). In other words, certain
secondary materials that are otherwise
excluded from the definition of solid waste
become regulated as solid and hazardous
waste if accumulated speculatively. Among
the materials subject to this provision are:
• Materials that are not solid wastes when
recycled according to §261.2(e),
including materials used or reused in an
industrial process to make a product;
used or reused as effective substitutes for
commercial products; or returned to the
original process from which they are
generated, without first being reclaimed
• Materials that are not solid wastes when
reclaimed according to §261.2, Table 1,
such as by-products and sludges which
exhibit a characteristic of hazardous
waste
• Materials identified under §261.4(a) as
exempt from the definition of solid
waste when reclaimed, including pulping
liquors that are reclaimed in a pulping
liquor recovery furnace and then reused
in the pulping process (§261.4(a)(6)) and
spent sulfuric acid used to produce
virgin sulfuric acid (§261.4(a)(7)).
The speculative accumulation provision
generally does not apply to materials that are
defined as solid waste when recycled.
Speculative accumulation is thus not a factor
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July 1995
in determining the regulatory status of spent
materials that are being reclaimed, secondary
materials burned for energy recovery, materials
used in a manner constituting disposal, or scrap
metal (50 FR 614, 635). Since EPA already
exerts the appropriate level of regulatory
control over these solid wastes, as provided
under §261.6 and Part 266, the safety net
provided by the speculative accumulation
provision is not needed.
There are two exceptions to the rule that
speculative accumulation applies to all
materials that are not solid wastes when
recycled and does not apply to materials that
are solid wastes when recycled. Commercial
chemical products are not solid wastes when
reclaimed (§261.2, Table 1), or when they are
burned for energy recovery or used in a
manner constituting disposal if that is their
normal manner of use (§§261.2(c)(l)(ii) and
261.2(c)(2)(ii)). Commercial chemical
products are not, however, subject to the
speculative accumulation provision. EPA has
not placed any time constraint on the
accumulation of commercial chemical products
prior to reclamation (50 FR 614, 636). In
addition, precious metal-containing materials
are defined as solid wastes when recycled but
are also subject to accumulation restrictions. If
accumulated speculatively prior to
reclamation, precious metals become subject to
full RCRA regulation, rather than the reduced
standards of Part 266, Subpart F (§266.70(d)).
UST
2. Statistical Inventory Reconciliation
for Underground Storage Tank Leak
Detection
Statistical inventory reconciliation (SIR) is
a leak detection method which analyzes
product inventory, delivery, and dispensing
data collected over a period of time to
determine whether or not an underground
storage tank (UST) system is leaking.
Pursuant to 40 CFR §280.41, petroleum USTs
monitoring monthly for leaks are required to
use a method listed in 40 CFR §280.43(d)-(h).
SIR is not one of the methods listed in
§280.43(d)-(g). Is SIR an allowable
alternative method for leak detection under
§280.43 (h)?
Yes. Provided that a SIR method is
capable of detecting a 0.2 gallon per hour leak
rate or a release of 150 gallons within a month,
and meets federal requirements for
probabilities of detection (0.95) and false
alarm (0.05), SIR is a valid method for
monthly monitoring (§280.43(h)(l)).
For a SIR method, data are gathered daily
and submitted periodically to a SIR vendor for
analysis. When first applied to an UST
system, SIR may not produce conclusive
results. When initiating use of a SIR method,
or when transitioning from another form of
leak detection to SIR, owners/operators should
employ a backup method for leak detection to
ensure compliance with the leak detection
regulations under §280.41 until the SIR
method provides conclusive results that the
performance criteria in §280.43(h) are being
met.
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New Publications
CERCLA
3. Deferral of NPL Listing While States
Oversee Response Action
The June 23,1993, Superfund
Administrative Improvements. Final Report
(OSWER 9200.0-14-2) identified numerous
initiatives to improve the Superfund process,
including enhancing the role of states in the
cleanup process. The report recommended
developing a program to encourage qualified
states and tribes to address, using their own
laws, sites that are currently in the queue to be
considered for inclusion on the National
Priorities List (NPL). The report suggested
that a state deferral program would accelerate
cleanup, minimize duplication of federal and
state efforts, and encourage potentially
responsible parties (PRPs) to undertake
response actions. To implement the
recommendations of the report, on May 3,
1995, EPA issued Guidance on Deferral of
NPL Listing Determinations While States
Oversee Response Actions (OSWER 9375.6-
11). How are sites deferred to states, and what
criteria or guidelines must be followed?
To be eligible to participate in the deferral
program, a state or tribe should meet certain
criteria to assure that response actions at
deferred sites will be successfully
implemented. An EPA Region and state
should enter into a generic Memorandum of
Agreement (MOA) that certifies that the state
has: 1) adequate statutory, regulatory, or
administrative provisions to select protective
remedies and to pursue necessary enforcement
actions; and 2) adequate program and resource
capabilities to select actions, conduct
enforcement action, oversee cleanup activities,
and provide for community participation at
deferred sites. Having met all these criteria, a
state may implement a "full-scale" or area-
wide deferral program. If the eligibility
criteria cannot be met sufficiently for a state to
implement a full-scale deferral program, the
state may still be able to participate in the
deferral program on a site-specific basis,
provided the eligibility criteria are met for each
site that is deferred. EPA Regional offices and
states should determine eligibility for deferral
based on the following criteria:
• The state must express an interest in having
the site deferred.
• The site proposed for deferral must be
included in EPA's Comprehensive
Environmental Response Compensation
and Liability Act Inventory System
(CERCLIS).
• The deferred site must be "NPL caliber" as
defined in Additional Guidance on 'Worst
Sites' and 'NPL Caliber Sites' to Assist in
SACM Implementation (OSWER Directive
9320.2-07A; October 12, 1993).
• Viable and cooperative PRPs generally
must be available to conduct the response
actions at the deferred sites. The PRPs
should be willing to enter into an
enforceable agreement with the state to
conduct all response actions (including
providing for operation and maintenance)
at the site and repay any state and fund
financed response costs related to the
deferral.
• Generally, the site proposed for deferral
should not yet have been entered into the
Hazard Ranking System (HRS) package
development process. If a task or work
assignment to develop the HRS package
for the site has already been issued, the site
could be deferred if the state provides a
compelling reason why the listing process
should be terminated. A site on the final
NPL is not eligible for deferral.
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• If a Region, after consulting with the state,
determines the affected community or
other parties have significant, valid
objections to the deferral of the site that
cannot be resolved,, the Region should not
defer the site.
The deferral program guidance also
identifies certain requirements with which a
state must comply when taking responsibility
for the response action at a deferred site.
Generally, the remedies selected for deferred
sites should be protective within the 10~4 to
10~6 risk range and must comply with all
applicable federal and state requirements.
Site-specific agreements between states and
EPA should describe the roles and
responsibilities of the different agencies,
including EPA's review and oversight
functions, and schedules for conducting
response actions.
Under the deferral program, the state is
responsible for acquiring the necessary
resources to conduct response actions. EPA
does not anticipate using Fund resources to
conduct response actions at deferred sites.
Under limited circumstances, however, states
may receive funds through cooperative
agreements to conduct site-specific activity or
to develop their capability to participate in the
deferral program.
EPCRA
4. SARA Title III on Indian Lands
In 1986, Congress passed the Emergency
Planning and Community Right-to-Know Act
(EPCRA), also known as Title III of the
Superfund Amendments and Reauthorization
Act (SARA), to help local communities,
including Indian reservations, protect public
health and the environment from chemical
hazards by informing citizens about the
chemicals present in their communities. On
July 26, 1990, EPA published a rulemaking in
the Federal Register designating Indian Tribes
and their chief executive officers as the
implementing authority for SARA Title III on
all Indian lands (55 FR 30632). What is
EPA's policy regarding the implementation of
the different provisions of SARA Title HI on
Indian lands?
EPA's policy is to work with Tribes on a
"government to government" basis in
implementing the requirements of SARA Title
III. SARA Title III contains four major
provisions: planning for chemical
emergencies, emergency notification of
chemical accidents and releases, reporting of
hazardous chemical inventories, and toxic
chemical release reporting. The emergency
planning provisions of SARA Title III §§301-
303 are designed to help Indian Tribes prepare
for, and respond to chemical emergencies
occurring on Indian lands that involve
extremely hazardous substances (EHSs), found
at 40 CFR Part 355, Appendix A and B. The
chief executive officers of federally recognized
Tribes must appoint Tribal Emergency
Response Commissions (TERCs), responsible
for carrying out the provisions of EPCRA in
the same manner as State Emergency Response
Commissions (SERCs). Alternatively, Tribal
leaders can join a Tribal Coalition which
functions as the TERC, or establish a
Memorandum of Understanding with a State to
participate under the SERC. TERCs establish
emergency planning districts and can appoint
Local Emergency Planning Committees
(LEPCs) or act as TERCs/LEPCs, performing
the functions of both. LEPCs use information
collected under SARA Title III to develop
local emergency response plans to respond
quickly to chemical accidents. The chief
executive officer should ensure that TERCs
maintain a broad-based representation,
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July 1995
New Publications
including Tribal public agencies and
departments dealing with environmental,
energy, public health and safety issues, as well
as other tribal community groups with interest
in SARA Title in. The Tribal LEPC should
also be representative of the community, and
should include elected Tribal officials, fire
chiefs, Indian Health Services officials, Bureau
of Indian Affairs officials, Tribal elders and
leaders, representatives of industries on or near
the reservation, and members of the general
community.
The emergency release notification
provisions of SARA Title III §304 require
facilities to immediately notify TERCs and
LEPCs of releases in excess of reportable
quantities of EHSs and CERCLA hazardous
substances, found at 40 CFR §302.4. Facilities
must also provide written follow-up reports on
the actions taken to respond to releases and
possible health effects of the released
substances. The emergency release
notification provisions cover releases from
commercial, municipal, and other facilities on
Tribal lands, including those owned by the
Tribe, and those from accidents on
transportation routes within the reservation.
Substances covered by this section include not
only EHSs, but also hazardous substances
subject to the emergency release notification
requirements of CERCLA §103. CERCLA
requires notification of releases to the National
Response Center. In cases where releases from
facilities located on Indian lands may affect
areas outside Indian jurisdiction, the legislation
under SARA Title III §304(b)(l) requires that
notice be provided to all SERCs and LEPCs
likely to be affected by the releases. Response
to such releases will be handled by cooperation
between the affected jurisdictions. EPA
encourages Indian Tribes, SERCs, and LEPCs
to participate in joint planning efforts to
prepare for such potential emergencies.
The hazardous chemical right-to-know
provisions of SARA Title III §§311 and 312,
require facilities that prepare material safety
data sheets (MSDSs) for hazardous chemicals
under OS HA, and have hazardous chemicals or
EHSs present above applicable threshold
levels, to submit these MSDSs, or lists of such
chemicals to TERCs, LEPCs, and local fire
departments. Facilities are also required to
submit hazardous chemical inventory forms
which detail the amounts, conditions of
storage, and locations of hazardous chemicals
and EHSs to TERCs, LEPCs, and local fire
departments. It is the responsibility of TERCs
and LEPCs to make this information available
to the public.
Toxic chemical release reporting under
SARA Title III §313, requires covered
facilities to submit annual reports on routine
and accidental toxic chemical releases to EPA
and the Tribal environmental, health, or
emergency response agency which coordinates
with the TERC. TERCs and EPA make this
information available to the community
through the national Toxic Release Inventory
(TRI) database. The data is also released to the
public annually in national and state TRI
reports.
The information collected under SARA
Title III enables TERCs and LEPCs to paint a
picture of the hazardous substances, chemicals,
and toxics found on Indian lands. It also
allows the Tribal communities to work with
industries to reduce the use and releases of
toxic chemicals into the environment and
prevent chemical accidents. EPA recognizes
that resources are often limited on Indian
lands, and is committed to helping Indian
tribes comply with SARA Title III. EPA
provides technical assistance, guidance, and
training tailored to the needs and capabilities
of Indian tribes. EPA's Office of Chemical
Emergency Preparedness and Prevention
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July 1995
(CEPPO) can provide TERCs with grants/
cooperative agreements to aid in the
implementation and effectiveness of their
SARA Title III programs. To be eligible for
consideration under this grant program, a tribe
or Tribal Coalition must function as an
independent TERC. To the extent that Tribes
have these functions performed by states, they
are not eligible for these grants. Tribal
agencies can also apply for training grants
provided by FEMA under SARA Title III
§305(a) to gain or improve skills needed for
carrying out emergency planning and
preparedness programs. These grants are
provided through the TERCs or other agencies.
The Hazardous Materials Transportation
Uniform Safety Act of 1990 (HMTA) also
includes funding grants for Indian tribes for
training public sector employees in emergency
response activities. HMTUSA provides
planning grants for developing, improving, and
implementing Title III plans, and for
developing a training curriculum for TERCs
and LEPCs. Tribes should contact their EPA
Regional office for information on how to
apply for these grants.
Enforcing the provisions of SARA Title III
is key to providing Tribal communities with
the information necessary to prepare for and
prevent chemical accidents. EPA provides
assistance to Tribal communities for specific
enforcement actions against violators of §§302,
311, and 312. Since EPA does not receive or
process information under these sections,
actions should be initiated at the tribal and
district levels.
5. SERC Recordkeeping Requirements
Owners or operators of facilities that meet
the requirements of 40 CFR §372.22, but that
do not qualify for the alternate threshold (40
CFR §372.27), must report on the releases and
transfers of toxic chemicals using the Form R.
Sections 8.1 through 8.7 of the Form R require
chemical-specific release and transfer
information from the current reporting year,
the previous reporting year, and estimates for
the subsequent two reporting years. How
should the owner or operator of a facility
complete Sections 8.1 through 8.7 for the
previous reporting year if she or he were not
required to report on a toxic chemical in the
past (i.e., the facility did not previously exceed
a threshold specified in 40 CFR §372.25, or
the chemical is newly listed and release
information was not previously collected)?
The owner or operator of a facility filing a
Form R for a toxic chemical for the first time,
but who managed the toxic chemical in the
previous reporting year, should use the best
information available to make estimates of the
amount of the toxic chemical involved in waste
management activities specified in Section 8.1
through 8.7. In reporting year 1991, and
beginning again with reporting year 1994, if
the owner or operator has no information with
which to make an estimate, she or he may put
NA in Column A of Sections 8.1 through 8.7.
For reporting years 1992 and 1993, facilities
were required to estimate prior year quantities.
If no waste management activities involving
the toxic chemical occurred during the
reporting year, facilities were required to enter
0 in column A.
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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, Super-fund, and EPCRA
National Toll-Free No.: 800-424-9346
Local: 703-412-9810
TDD National Toll-Free No.: 800-553-7672
RCRA
TITLE: The National Biennial RCRA
Hazardous Waste Report (Based on 1993
Data): National Analysis
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-243 127
This document contains the findings of EPA's
1993 Biennial Reporting System (BRS) data
collection efforts. The report is divided into
five parts, each dealing with a different
component of the information that was
reported. The audience for the document
includes government agencies, the regulated
community, and the public. The national
analysis contains information on the types of
waste managed in each state, the total amount
generated, and the management techniques that
are implemented throughout the United States.
TITLE: The National Biennial RCRA
Hazardous Waste Report (Based on 1993
Data): State Detail Analysis
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-243 135
In cooperation with states, EPA collects
information regarding the generation,
management, and final disposition of
hazardous waste regulated under RCRA, and
this document contains the findings of EPA's
1993 Biennial Reporting System (BRS) data
collection efforts. The state detail analysis
presents a thorough look at each state's waste
handling practices, including overall totals for
generation, management, and shipments and
receipts, as well as totals for the fifty largest
facilities.
TITLE: The National Biennial RCRA
Hazardous Waste Report (Based on 1993
Data): List of Large Quantity Generators in the
United States
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-R-95-039a
3.5-inch diskette: EPA530-C-95-002
In cooperation with the states, EPA collects
information regarding the generation,
management, and final disposition of
hazardous waste regulated under RCRA, and
this document contains the findings of EPA's
1993 Biennial Reporting System (BRS) data
collection efforts. The list of large quantity
generators contains the EPA ID number,
company name, location, and tons of waste
generated for every facility in the United States
that reported as a large quantity generator in
1993.
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New Publications
August 1995
TITLE: The National Biennial RCRA
Hazardous Waste Report (Based on 1993
Data): Complete Set
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-243 093
This set contains the findings of EPA's
Biennial Reporting System (BRS) data
collection efforts. The report is divided into
five volumes, each dealing with a different
component of the information that was
reported. Specifically, the complete set
contains the following volumes: the list of
large quantity generators, the state detail
analysis, the state summary analysis, the
national analysis, and the list of treatment,
storage, and disposal facilities.
TITLE: The National Biennial RCRA
Hazardous Waste Report (Based on 1993
Data): List of Treatment, Storage, and
Disposal Facilities in the United States
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-243 119
In cooperation with states, EPA collects
information regarding the generation,
management, and final disposition of
hazardous waste regulated under RCRA, and
this document contains the findings of EPA's
1993 Biennial Reporting System (BRS) data
collection efforts. The list of treatment,
storage, and disposal facilities contains the
EPA ID number, facility name, location, and
tons of waste managed for each facility in the
United States that reported itself to be a
treatment, storage, or disposal facility in 1993.
TITLE: The National Biennial RCRA
Hazardous Waste Report (Based on 1993
Data): State Summary Analysis
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-243 143
In cooperation with states, EPA collects
information regarding the generation,
management, and final disposition of
hazardous waste regulated under RCRA, and
this document contains the findings of EPA's
1993 Biennial Reporting System (BRS) data
collection efforts. This report provides two-
page overview of the generation and
management practices of the individual states.
The information includes total number of large
quantity generators, total quantity of RCRA
hazardous waste generated, and quantity of
waste generated that was only a characteristic
waste.
TITLE: Environmental Fact Sheet: EPA
Proposes Hazardous Waste Regulations
Associated with Clean Water Act Treatment
Equivalency, Treatment Standards for Wood
Preserving Wastes, and TC Metal Wastes
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-95-017
This fact sheet provides an overview of the
Land Disposal Restrictions (LDR) Phase IV
Proposed Rule (August 22, 1995 60 FR
43654). The document provides background
information leading to the proposal and an
overview of the regulations being proposed by
EPA. It also includes directions on how to
access the Federal Register notice
electronically.
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August 1995
New Publications
TITLE: Spotlight on Waste Prevention:
EPA's Program to Reduce Solid Waste at the
Source
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-K-95-002
This document provides information on
various solid waste prevention methods. It
lists the benefits of waste prevention for
business and industry, tips to prevent waste,
and examples of successful waste prevention
efforts. The document also describes how
EPA is assisting businesses in their waste
prevention efforts, and it includes a list of
documents which contain additional
information on waste prevention.
TITLE: Recycling Means Business
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-K-95-004
This booklet introduces EPA's strategy for
supporting the national effort to expand
markets for recycled materials. It includes
information about the benefits of recycling
versus waste disposal and the importance of
market development. The document also
contains a list of EPA resource centers which
provide additional information on recycling.
TITLE: Environmental Fact Sheet: Recycling
Municipal Solid Waste: 1994 Facts and
Figures
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-95-005
This fact sheet provides information on
recycling as a component of integrated waste
management systems. It lists eight primary
components of the municipal solid waste
(MSW) stream, along with their rate of
generation, the percentage of the MSW stream
they represent, and their recovery rate. The
document also provides a short summary for
each component which describes how it can be
integrated into a recycling program.
TITLE: Test Methods for Evaluating Solid
Waste: Physical/Chemical Methods; Third
Edition; Proposed Update III
AVAILABILITY: NTIS
EPA ORDER NO.: PB95-255 113
This packet contains new and revised material
which is being proposed for inclusion in Test
Methods for Evaluating Solid Waste Physical/
Chemical Methods: Third Edition (SW-846).
Specifically, the packet includes a cover sheet,
instructions that describe how this update
relates to the rest of SW-846, a table of
contents for the entire SW-846, and specific
chapters containing the new and revised test
methods.
UST
TITLE: jNoEspereHastaE11998! Medidas
De Proteccion Para Evitar Derrames,
Sobrellenados Y La Corrosion De Los Tanques
De Almacentamiento Soterrados
AVAILABILITY: Hotline
EPA ORDER NO.: EPA510-B-95-008
This booklet is a Spanish version of Don't
Wait Until 1998: Spill. Overfill, and Corrosion
Protection for Underground Storage Tanks.
The booklet was developed to assist owners
and operators in meeting the upgrade
requirements for existing underground storage
tanks. Federal regulations require that existing
underground storage tanks have spill
protection, overfill protection, and corrosion
protection by December 22, 1998.
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New Publications
August 1995
EPCRA
TITLE: "Emergency Planning and
Community Right-To-Know Section 313: List
of Toxic Chemicals within the Chlorophenols
Category"
AVAILABILITY: SARA Title III Hotline
EPA ORDER NO.: 745-B-95-004
EPCRA §313 requires certain facilities to
make threshold determinations for chemical
categories based on the chemicals in the
category that are manufactured, processed, or
otherwise used. This guidance document
provides a list of chemical names and CAS
numbers to assist covered facilities in
determining whether reporting is necessary for
the chlorophenols category.
TITLE: "Emergency Planning and
Community Right-To-Know Section 313:
Guidance for Reporting Aqueous Ammonia"
AVAILABILITY: SARA Title III Hotline
EPA ORDER NO.: EPA745-R-95 012
On June 30, 1995, EPA finalized four actions
in response to a petition received in 1989 to
delete ammonium sulfate (solution) from the
list of toxic chemicals subject to reporting
under EPCRA §313. This document
summarizes the four actions taken and assists
facilities with the reporting of aqueous
ammonia. It contains information on
determining thresholds, releases, and sources
of ammonia along with guidance for reporting
aqueous ammonia generated from anhydrous
ammonia, the dissociation of ammonium salts,
and ammonium nitrate solutions. Included in
the document is a list of CAS numbers and
molecular weights for some chemical sources
of aqueous ammonia.
TITLE: "Chemicals in the Environment:
Public Access Information"
AVAILABILITY: SARA Title III Hotline
EPA ORDER NO.: EPA749-R-95-002
EPA maintains a wide range of environmental
information. This publication is a source to
assist the general public in accessing EPA's
information products related to chemicals that
are manufactured at industrial facilities,
released into the environment, or that the
public is exposed to on a regular basis. This
document provides information on a number of
major Office of Pollution Prevention and
Toxics (OPPT) products and services available
to the public. The document notifies people of
the information products available, what they
can do for the public, and how to access the
information.
TITLE: "Executive Order 12969 Press
Release"
AVAILABILITY: SARA Title III Hotline
EPA ORDER NO.: N/A
This document is a package of information
compiled from President Clinton's speech at
Fort Armistead Park in South Baltimore. It
contains a summarized version of the
discussion on President Clinton's Acts to
Secure Our Nation's Community Right-to-
Know Laws, the 18 riders to the House
Appropriations Proposal, proposed House
budget cuts, a factsheet on Community Right-
to-Know Laws, a biography of Doris
McGuigan, and a discussion pertaining to
safeguarding public health over the last 25
years.
10
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August 1995 New Publications
TITLE: "Proceedings: Toxics Release
Inventory (TRI) Data Use Conference:
Building TRI and Pollution Prevention
Partnerships"
AVAILABILITY: SARA Title III Hotline
EPA ORDER NO.: EPA749-R-95 001
In December 1994, EPA held the annual TRI
Data Use Conference in Boston,
Massachusetts. This document compiles the
proceedings of the 1994 conference and is
organized in the three "tracks" discussed at the
conference. The three tracks included using
TRI in pollution prevention efforts,
partnerships using TRI, and innovative uses of
TRI data. The Pollution Prevention Track
discussion covers methods to use TRI for
pollution prevention planning (from both the
industry and Agency perspective), for
measuring progress in pollution prevention,
and for use of additional data collection by
some states. The Partnerships Track
discussion considers how TRI can be and is
used by LEPCs, community groups, and other
media programs. The Innovative Uses Track
examines the many different ways that TRI is
being used in both the pubic and private
sectors. The proceedings also include all
papers submitted by the plenary and keynote
speakers at the conference.
11
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FEDERAL REGISTERS
FINAL RULES
RCRA
"Financial Assurance Criteria for
Owners and Operators of Municipal
Solid Waste Landfill Facilities"
August 7,1995 (60 FR 40104)
EPA corrected typographical errors in the
Financial Assurance Criteria (40 CFR Part
258, Subpart G) for owners and operators of
municipal solid waste landfills.
"Reinterpretation of Carbamate
Production Waste Listing"
August 14,1995 (60 FR 41817)
EPA reinterpreted the scope of the K156
and K157 carbamate wastes listings to
specifically exclude non-carbamate
intermediates that are produced at a site other
than the ultimate site of carbamate
production. Wastes from the production of
such intermediates will no longer be covered
by the listings. The effective date for this rule
is August 8,1995.
"Alabama; Final Authorization of State
Hazardous Waste Management
Program Revisions"
August 14,1995 (60 FR 41818)
EPA has reviewed Alabama's hazardous
waste program revisions and has made the
decision, subject to public review and
comment, that Alabama's hazardous waste
program revisions satisfy all the requirements
necessary to qualify for final RCRA
authorization. EPA therefore intends to
approve the revisions to Alabama's hazardous
waste program under RCRA. Final
authorization will be effective October 13,
1995, unless EPA publishes a prior action
withdrawing this immediate final rule.
Comments must be received on or before
September 13, 1995.
"South Carolina; Final Authorization of
State Hazardous Waste Management
Program Revisions"
August 15,1995 (60 FR 42046)
EPA intends to approve revisions to South
Carolina's hazardous waste program under
RCRA. Final authorization will be effective
October 16, 1995, unless EPA publishes a
prior action withdrawing this immediate final
rule. Comments must be received on or
before September 14, 1995.
"Tennessee; Final Authorization of
State Hazardous Waste Management
Program Revisions"
August 24,1995 (60 FR 43979)
EPA has reviewed Tennessee's hazardous
waste program revisions and has made the
decision, subject to public review and
comment, that Tennessee's hazardous waste
program revisions satisfy all the requirements
necessary to qualify for final RCRA
authorization. EPA therefore intends to
approve the revisions to Tennessee's
hazardous waste program under RCRA. Final
authorization will be effective
13
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Federal Registers
August 1995
FINAL RULES
October 23, 1995, unless EPA publishes a
prior action withdrawing this immediate final
rule. Comments must be received on or before
September 25, 1995.
"Incorporation by Reference of
Arizona's Approved State Hazardous
Waste Program Revisions"
August 25,1995 (60 FR 44278)
EPA intends to incorporate by reference in
40 CFR Part 272 revisions to Arizona's
authorized state program. EPA uses Part 272
to provide notice of the authorization status of
state programs, and to incorporate by reference
those provisions of the state statutes and
regulations that EPA will enforce under RCRA
§3008.
"Georgia; Final Authorization of State
Hazardous Waste Management
Program Revisions"
August 30,1995 (60 FR 45069)
EPA has reviewed Georgia's hazardous
waste program revisions and has made the
decision, subject to public review and
comment, that Georgia's revisions to the
regulations concerning the burning of
hazardous waste in boilers and industrial
furnaces satisfy all the requirements necessary
to qualify for final RCRA authorization. EPA
therefore intends to approve the revisions to
Georgia's hazardous waste program under
RCRA. Final authorization will be effective
October 30, 1995, unless EPA publishes a
prior action withdrawing this immediate final
rule. Comments must be received on or before
September 29, 1995.
"Mississippi; Final Authorization of
State Hazardous Waste Management
Program Revisions"
August 30, 1995 (60 FR 45071)
EPA has reviewed Mississippi's hazardous
waste program revisions and has made the
decision, subject to public review and
comment, that Mississippi's hazardous waste
program revisions satisfy all the requirements
necessary to qualify for final RCRA
authorization. EPA therefore intends to
approve the revisions to Mississippi's
hazardous waste program under RCRA. Final
authorization will be effective October 30,
1995, unless EPA publishes a prior action
withdrawing this immediate final rule.
Comments must be received on or before
September 29, 1995.
CERCLA
"National Priorities List; Northwestern
States Portland Cement Company
Superfund Site"
August 31,1995 (60 FR 45343)
EPA announced the deletion of the
Northwestern States Portland Cement
Company Superfund Site, located in Mason
City, Iowa, from the National Priorities List.
The Agency published a notice of its intent to
delete the site on October 19, 1995 (59 FR
52747). EPA and the State of Iowa 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.
The effective date of this action is August 31,
1995.
14
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August 1995
Federal Registers
DOT
"Amendment of DOT Hazardous
Materials Regulations"
August 2,1995 (60 FR 39608)
DOT's Research and Special Programs
Administration amended the Hazardous
Materials Regulations by revising the "List of
Hazardous Substances and Reportable
Quantities" which appears in an appendix to
the Hazardous Materials Table. The intended
effect of this action is to enable shippers and
carriers to identify CERCLA hazardous
substances and to comply with all applicable
HMR requirements to make notifications in the
event of a hazardous substances discharge.
This amendment is effective on February 2,
1996, although immediate compliance with the
regulations as amended is authorized.
PROPOSED RULES
RCRA
"Small and Arid or Remote Municipal
Solid Waste Landfills (MSWLFs);
Alternatives To Groundwater
Monitoring And Delay Of General
Effective Date"
August 10,1995 (60 FR 40799)
EPA proposed to allow approved States and
Tribes the flexibility to consider site-specific
alternatives to conventional groundwater
monitoring requirements for small MSWLFs
located in either dry or remote areas. The
Agency is accepting public comment on this
proposal for a 90-day period, beginning on
August 10, 1995. In addition, EPA solicited
comment on delaying the general compliance
date for small MSWLFs located in either dry
or remote areas. The Agency is also accepting
public comment on delaying the general
compliance date for a 30-day period, beginning
on August 10, 1995.
"Organic Air Emission Standards for
Tanks, Surface Impoundments, and
Containers; Data Availability"
August 14,1995 (60 FR 41870)
EPA announced the availability of additional
data that are being considered in revising the
proposed air emission standards for large
quantity generators and hazardous waste
treatment, storage, and disposal facilities (59
FR 62896; December 6, 1994). The additional
data are available for public inspection at the
RCRA Docket Office. Comments on the
additional data will be accepted through
October 13, 1995.
"Land Disposal Restrictions—Phase
IV"
August 22, 1995 (60 FR 43654)
In LDR Phase IV, EPA continues to address
the LDR implications of characteristic
hazardous wastes which are diluted so they no
longer exhibit a characteristic(s), and are then
managed in centralized wastewater
management land disposal units. A D.C.
Circuit court decision concluded such
management is legal if it can be demonstrated
that hazardous constituents are reduced,
destroyed, or immobilized to the same extent
they would be pursuant to equivalent LDR
treatment standards.
In the Phase IV proposal, EPA addressed
whether such treatment in surface
impoundments results in cross-media releases
via leakage, air emissions, or disposal of
untreated sludges, that can be so excessive that
the impoundment effectively functions as a
disposal unit.
EPA proposed treatment standards in the
Phase IV rule for wood preserving wastes and
for toxicity characteristic metal wastes. These
treatment standards, when finalized, must be
15
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Federal Registers
August 1995
PROPOSED RULES
met prior to land disposal of these hazardous
wastes. Comments on this proposed rule must
be submitted by November 20, 1995.
CERCLA
"National Priorities List; Ossineke
Groundwater Contamination
Superfund Site"
August 11,1995 (60 FR 41051)
EPA announced its intent to delete the
Ossineke Groundwater Contamination Site,
located in Ossineke, Michigan, from the
National Priorities List. EPA and the State of
Michigan have determined that using the
Hazardous Substances Superfund to fund
further remedial action under CERCLA at this
site is not appropriate. Either EPA's Office of
Underground Storage Tanks or the State of
Michigan will undertake any necessary
corrective actions at the site under the
authorities of the Michigan Leaking
Underground Storage Tank Statute, the
Michigan Environmental Response Act, or
Subtitle I of RCRA. Comments concerning the
proposed deletion will be accepted on or
before September 11, 1995.
"National Priorities List; Woodbury
Chemical Superfund Site"
August 21,1995 (60 FR 43424)
EPA announced its intent to delete the
Woodbury Chemical Site, located in Princeton,
Florida, from the National Priorities List. EPA
and the State of Florida have determined that
no further cleanup by responsible parties 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 on or
before September 20, 1995.
"National Priorities List; Anderson
Development Company Site"
August 30, 1995 (60 FR 45117)
EPA Region 5 announced its intent to delete
the Anderson Development Company Site
from the National Priorities List. EPA and the
State of Michigan have determined that no
further cleanup by responsible parties 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
September 29, 1995.
CERCLA/EPCRA
"Administrative Reporting Exemptions
for Certain Radionuclide Releases"
August 4, 1995 (60 FR 40042)
EPA announced a notice of proposed
rulemaking requesting comments on broader
administrative exemptions from the release
reporting requirements under CERCLA and
EPCRA. In particular, the Agency is
proposing to grant reporting exemptions for
releases of naturally occurring radionuclides
associated with land disturbance incidental to
extraction activities at certain kinds of mines,
and with coal and coal ash piles at all kinds of
sites. These reporting exemptions are being
proposed in response to comments on a
November 30, 1992 proposed rule on
administrative reporting exemptions (57 FR
56726). The exemptions would be consistent
with the Agency's common sense goals in that
they would eliminate unnecessary reporting
burdens and allow EPA to focus its resources
on the most serious releases. Comments may
be submitted on or before October 3, 1995.
16
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August 1995
Federal Registers
PROPOSED RULES
EPCRA
"Toxic Chemical Release Reporting; Di-
(2-ethylhexyl) Adipate"
August 1,1995 (60 FR 39132)
EPA is proposing to grant a petition to delist
di-(2-ethylhexyl) adipate (DEHA), also known
as bis-(2-ethylhexyl) adipate (CAS number
103-23-1), from the reporting requirements
under §313 of EPCRA. This action is based on
EPA's preliminary conclusion that DEHA
meets the deletion criteria of EPCRA
§313(d)(3) based upon its potential effects on
human health and the environment. Comments
on this proposed deletion must be received by
October 2, 1995.
NOTICES
RCRA
"Maryland; Adequacy Determination of
State/Tribal Municipal Solid Waste
Permit Program"
August 2,1995 (60 FR 39385)
Pursuant to RCRA §4005(c)(l)(C), EPA has
concluded that the State of Maryland's
municipal solid waste landfill permitting
program satisfies a major portion of the
statutory and regulatory MSWLF requirements
established by RCRA. EPA has therefore
granted a final determination of partial
program adequacy for Maryland's municipal
solid waste permit program. The
determination of partial adequacy for
Maryland will be effective on August 2, 1995.
"Proposed Consent Decree;
ThermalKEM's Commercial Hazardous
Waste Incinerator, Rock Hill, South
Carolina"
August 3, 1995 (60 FR 39772)
A Consent Decree in United States v.
ThermalKEM Inc. was lodged with the U.S.
District Court for the District of South
Carolina on July 26, 1995. The complaint
alleged that ThermalKEM violated the metal
feed rate limits and mass feed rate limit
contained in the Rock Hill Incinerator's
permit. The proposed decree would require
ThermalKEM to pay a civil penalty of
$750,000 and follow an approved protocol for
monitoring and limiting the rate of hazardous
wastes that are fed to the incinerator. DOJ will
receive comments for a period of 30 days from
the date of publication.
"Joint Nuclear Regulatory Commission/
EPA Guidance on the Storage of
Mixed Radioactive and Hazardous
Waste"
August 7,1995 (60 FR 40204)
NRC and EPA published joint guidance on
the storage of mixed radioactive and hazardous
waste (mixed waste). Compliance issues in
four situations were clarified: (1) decay-in-
storage; (2) inspection/surveillance
requirements; (3) allowable storage practices;
and (4) waste compatibility, segregation, and
spacing requirements. EPA also restated its
LDR storage prohibition enforcement policy
for mixed waste in storage.
"Proposed Consent Decree; Horsehead
Industries Inc., Palmerton,
Pennsylvania Facility"
August 31,1995 (60 FR 45493)
A Consent Decree in United States and
Commonwealth of Pennsylvania v. Horsehead
17
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Federal Registers
August 1995
NOTICES
Industries Inc. was lodged with the U.S.
District Court for the Middle District of
Pennsylvania on August 23, 1995. The
complaint alleged that Horsehead Industries
Inc., who engage in the recycling of electric
arc furnace dust, violated the Clean Air Act,
Clean Water Act, and RCRA. Horsehead
Industries Inc. have agreed to pay a civil
penalty of $5.6 million, and invest in extensive
capital improvements and operational changes
at the facility. DOJ will receive comments
relating to the proposed consent decree for a
period of 30 days from the date of publication.
RCRA/DOE
"Availability of Draft No-Migration
Variance Petition; Department of
Energy Waste Isolation Pilot Plant
(WIPP)"
August 8,1995 (60 FR 40379)
EPA announced the availability for public
comment of a draft no-migration variance
petition submitted by DOE for its Waste
Isolation Pilot Plant. The WIPP is a geological
repository intended for the disposal of mixed
hazardous and radioactive waste. The
hazardous portion of the waste is subject to
LDR. DOE's no-migration petition is intended
to demonstrate that hazardous constituents will
not migrate out of the WIPP for as long as the
wastes remain hazardous (up to 10,000 years).
"Availability of Draft DOE Compliance
Certification Application for the Waste
Isolation Pilot Program"
August 16,1995 (60 FR 42566)
EPA announced the availability of a draft
compliance certification application by DOE
for the Waste Isolation Pilot Plant (WIPP).
WIPP is a deep geological repository that DOE
is proposing to use for the disposal of
transuranic radioactive waste generated by
nuclear defense activities. EPA wishes to
consider public comments when conducting a
staff-level technical review of the draft
document. Comments must be received by
October 16, 1995.
RCRA/CERCLA
"Proposed Consent Decree; Peterson/
Puritan, Inc. Superfund Site"
August 10, 1995 (60 FR 40857)
A proposed consent decree in United
States v. CCL Custom Manufacturing. Inc..
was lodged on July 27, 1995, with the U.S.
District Court for the District of Rhode Island.
Under the proposed Consent Decree, the
defendants have agreed to implement the
selected remedy for the first operable unit at
the Peterson/Puritan, Inc. Superfund Site in
Providence County, Rhode Island. The
defendants have also agreed to reimburse the
United States for past and future response costs
incurred in connection with the site and to
make a payment to the United States in
settlement of a potential claim for natural
resource damages at the site. The proposed
Consent Decree includes a covenant not to sue
by the United States under §§106 and 107 of
CERCLA and under §7003 of RCRA.
Also embodied in the proposed Consent
Decree is a settlement of certain claims of the
State of Rhode Island against the defendants in
relation to the site. DOJ will receive
comments for a period of 30 days from the
date of publication.
18
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August 1995
Federal Registers
NOTICES
CERCLA
"Proposed Settlement Agreement;
Nelson McCoy Pottery Superfund
Site"
August 2,1995 (60 FR 39392)
EPA is proposing to settle a claim under
§107 of CERCLA for response costs incurred
during removal activities at the Nelson McCoy
Pottery Site in Roseville, Ohio. Under the
proposed Settlement Agreement, the
respondents have agreed to pay EPA $125,000.
Comments on this proposed settlement must be
received by September 1, 1995.
"Proposed Consent Decree"
August 3,1995 (60 FR 39771)
A proposed Consent Decree in United
States v. Chemical Leaman Tank Lines. Inc..
was lodged on July 10, 1995, with the U.S.
District Court for the Eastern District of
Pennsylvania. Under the proposed Consent
Decree, Chemical Leaman Tank Lines, Inc.,
will perform the remaining site remedy and
reimburse EPA for costs incurred and to be
incurred in association with the site. DOJ will
receive comments for a period of 30 days from
the date of publication.
"Proposed Administrative Settlement;
Commercial Decal, Inc., Superfund
Site"
August 7,1995 (60 FR 40175)
EPA proposed to enter into an
Administrative Settlement to resolve potential
claims under CERCLA against Commercial
Decal, Inc., in relation to response costs
incurred by EPA at the Commercial Decal,
Inc., Site in Mount Vernon, New York.
Comments may be submitted on or before
September 6, 1995.
"Proposed Administrative Settlement;
Pike County Drum Superfund Site"
August 7, 1995 (60 FR 40176)
Under §122(h)(4) of CERCLA, EPA has
offered 12 parties at the Pike County Drum
Site in Osyka, Mississippi an opportunity to
enter into a Cost Recovery Agreement to settle
claims for past and future response costs at the
site. EPA will consider public comment on the
proposed settlement for 30 days from the date
of publication.
"Damage Settlement; Sharon Steel and
Midvale Slag Superfund Sites"
August 8,1995 (60 FR 40386)
The U.S. Fish and Wildlife Service
announced the availability of the Final
Conceptual Restoration Plan for restoration of
migratory bird resources injured by the release
of hazardous substances from the Sharon Steel
and Midvale Slag Superfund Sites in Salt Lake
County, Utah. The Conceptual Restoration
Plan outlines a process for preparing,
identifying, and selecting cooperative riparian
habitat restoration projects and includes
application requirements. Cooperative project
proposals will be accepted until November 1,
1995.
"Proposed Settlement; City Industries
Superfund Site"
August 10,1995 (60 FR 40841)
EPA has agreed to settle claims for response
costs at the City Industries Superfund Site in
Winter Park, Florida, with Storage Technology
Corporation. Comments on the proposed
Settlement will be accepted through
September 9, 1995.
19
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Federal Registers
August 1995
NOTICES
"Consent Decree; Peterson/Puritan
Superfund Site"
August 10,1995 (60 FR 40857)
A proposed Consent Decree in United
States v. CCL Custom Manufacturing. Inc..
was lodged on July 27, 1995, with the U.S.
District Court for the District of Rhode Island.
Under the proposed Consent Decree, the
defendants will reimburse the United States for
past and future response costs, as well as
natural resource damages, in connection with
the Peterson/Puritan Superfund Site in
Providence County, Rhode Island. The
proposed Consent Decree includes a covenant
not to sue by the United States under §§106
and 107 of CERCLA and under §7003 of
RCRA. DOJ will receive comments for a
period of 30 days from the date of publication.
"Consent Decree; Delaware Sand &
Gravel Superfund Site"
August 10,1995 (60 FR 40858)
Two Consent Decrees in United States v.
Hercules, et al.. were lodged on July 26, 1995,
with the U.S. District Court for the District of
Delaware. The Consent Decrees settle claims
brought by the United States against Avon
Products, Inc., and MRC Holdings, Inc., who
have agreed to reimburse EPA for costs
incurred in connection with the Delaware Sand
& Gravel Site, located in New Castle County,
Delaware. DOJ will receive comments for a
period of 30 days from the date of publication.
"Proposed Prospective Purchaser
Agreement; San Gabriel Valley Super-
fund Sites"
August 14,1995 (60 FR 41888)
EPA executed a proposed Prospective
Purchaser Agreement associated with the San
Gabriel Valley Superfund Sites in Los Angeles
County, California, on May 26, 1995, which
has since been approved by DOJ. The
Prospective Purchaser Agreement resolves
certain potential claims of the United States
under §§106 and 107 of CERCLA and §7003
of RCRA against the purchaser, Sargent
Fletcher, Inc. The agreement requires the
purchaser to pay EPA a one-time payment of
$500,000, and to implement state lead response
actions and a multi-media environmental
program at the purchased property. Comments
may be submitted on or before September 13,
1995.
"Proposed Prospective Purchaser
Agreement; Denver Radium Super-
fund Site"
August 18,1995 (60 FR 43148)
EPA executed a proposed Prospective
Purchaser Agreement associated with the
Denver Radium Superfund Site in Denver,
Colorado, on July 26, 1995. The Prospective
Purchaser Agreement would resolve certain
potential claims under CERCLA §§106 and
107 against Home Depot U.S.A., Inc., the
prospective purchaser. The settlement requires
the purchaser to conduct a portion of the
remedial action and operation and maintenance
at the site, to maintain institutional controls,
and to provide EPA and the state access to the
site. Comments will be received through
September 18, 1995.
20
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Federal Registers
August 1995
NOTICES
"ATSDR Public Health Assessments"
August 22,1995 (60 FR 43597)
The Agency for Toxic Substances and
Disease Registry published a quarterly
announcement containing a list of proposed
and final NPL sites for which it has completed
public health assessments or issued addenda to
previously completed public health
assessments between January and March,
1995.
"Proposed Administrative Settlement;
I.J. Stephens Farm Superfund Site"
August 23,1995 (60 FR 43796)
Under §122(h) of CERCLA, EPA proposed
to settle claims against Sunbeam Outdoor
Products, Inc., in relation to response costs
incurred at the I.J. Stephens Farm Site in
Newton County, Missouri. The settlement
requires the settling party to pay $30,000 to the
Hazardous Substances Superfund. Comments
relating to the settlement may be submitted for
a period of 30 days from the date of
publication.
"Proposed Consent Decree; California
Gulch Superfund Site"
August 23, 1995 (60 FR 43817)
A proposed Consent Decree in United
States v. Apache Energy and Minerals Co.. et
al.. was lodged on August 10, 1995, with the
U.S. District Court for the District of Colorado.
Under the terms of the settlement, a monetary
judgement will be entered against Atlas
Mortgage Company in favor of the United
States in the amount of $1 million for the
government's past response costs in
connection with the California Gulch Site near
Leadville, Colorado. In addition, Atlas
Mortgage Company will be responsible for all
future response costs incurred at the site. In
exchange, the United States covenants not to
sue Atlas for liability at the site under §§106
and 107 of CERCLA and §7003 of RCRA.
DOJ will accept comments on the proposed
Consent Decree for a period of 30 days from
the date of publication.
"Proposed Administrative Settlement;
Kramer Superfund Site"
August 24, 1995 (60 FR 44029)
Under §122(h) of CERCLA, EPA proposed
to settle a claim against Alumax Foils, Inc., in
relation to response costs incurred at the
Kramer Superfund Site in Elvins, Missouri.
The settlement requires the settling party to
pay $235,000 to the Hazardous Substances
Superfund. Comments relating to the
settlement may be submitted for a period of 30
days from the date of publication.
"Proposed Consent Decree; North
Hollywood Landfill Superfund Site"
August 24, 1995 (60 FR 44047)
Two proposed Consent Decrees in United
States v. Velsicol Chemical Corporation, et al..
were lodged on August 15, 1995, with the U.S.
District Court for the Western District of
Tennessee. The proposed Consent Decrees
settle an action brought under §107 of
CERCLA against Velsicol Chemical
Corporation, the City of Memphis, and The
Proctor & Gamble Cellulose Corporation for
recovery of costs incurred by the United States
in responding to the release of hazardous
substances at the North Hollywood Landfill
Site, located in Memphis, Tennessee. DOJ
will receive comments relating to the two
proposed Consent Decrees for a period of 30
days from the date of publication.
21
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Federal Registers
August 1995
NOTICES
"Proposed Consent Decree; Alaskan
Battery Enterprises Superfund Site"
August 24,1995 (60 FR 44048)
A proposed Consent Decree in United
States v. Alaskan Battery Enterprises. Inc.. et
al.. was lodged on July 19, 1995, with the
U.S. District Court for the District of Alaska.
The Consent Decree resolves the United
States' claims against K & K Recycling, Inc.,
the Defense Reutilization and Marketing
Service, and the Army & Air Force Exchange
Service, each of whom has agreed to
reimburse the United States for response costs
incurred in connection with the Alaskan
Battery Enterprises Site in Fairbanks, Alaska.
DOJ will receive comments relating to the
proposed Consent Decree for a period of 30
days from the date of publication.
"Proposed Consent Decree; City of
Marianna Municipal Airport Industrial
Park"
August 24, 1995 (60 FR 44048)
A proposed Consent Decree in United
States v. City of Marianna. Florida was
lodged on August 9, 1995, with the U.S.
District Court for the Northern District of
Florida, Panama City Division. The Consent
Decree settles a claim for reimbursement of
response costs brought against the City of
Marianna under CERCLA §107(a) in
response to the release or threatened release of
hazardous substances from a facility located
at the City of Marianna Municipal Airport
Industrial Park. The Consent Decree also
settles counterclaims brought by the City of
Marianna against the United States. DOJ will
receive comments relating to the proposed
Consent Decree for a period of 30 days from
the date of publication.
"Proposed Administrative Settlement;
Emory Plating Company Superfund
Site"
August 25, 1995 (60 FR 44346)
Under §122(h) of CERCLA, EPA proposed
to enter into an Administrative Settlement to
resolve claims under CERCLA against Kent E.
Easterday, Richard Hansen, and Emory
Liquidation, Inc., for response costs incurred at
the Emory Plating Company Superfund Site in
Des Moines, Iowa. The proposed settlement
provides that the settling parties will make
their best effort to sell the property located at
the site and turn over the proceeds from the
sale. In exchange, EPA will covenant not to
sue the settling parties under CERCLA §107(a)
for reimbursement of response costs incurred
in connection with the site. Comments will be
accepted on or before September 25, 1995.
"State Deferral Guidance"
August 28, 1995 (60 FR 44488)
EPA announced the availability of two
documents concerning the newly established
Superfund State Deferral program: "Guidance
on Deferral of NPL Listing Determinations
While States Oversee Response Actions" and
"Response to Comments on the 1988 Proposed
NCP Deferral Policy Concept," both issued on
May 3, 1995.
"Proposed Administrative Settlement;
Cedartown Landfill Superfund Site"
August 31,1995 (60 FR 45409)
Under §122(h) of CERCLA, EPA has
proposed to settle claims for response costs
associated with the Cedartown Landfill Site,
located in Cedartown, Georgia, with several
PRPs at the site. Comments will be accepted
on or before October 2, 1995.
22
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Federal Registers
August 1995
"Proposed Administrative Settlement;
Daytona Antifreeze Superfund Site"
August 31,1995 (60 FR 45409)
Under §122(h) of CERCLA, EPA has
proposed to settle claims for response costs
associated with the Daytona Antifreeze Site,
located in Marietta, Georgia, with
approximately 50 PRPs at the site. Comments
will be accepted on or before October 2, 1995.
EPCRA
"Expediting Community Right-To-Know
Initiatives"
August 11,1995 (60 FR 41791)
President Clinton issued a memorandum
addressed to the Administrator of EPA and the
Heads of Executive Departments and Agencies
regarding the Toxics Release Inventory under
EPCRA §313. The memorandum directs the
EPA Administrator to complete the TRI
industry (phase II) expansion rulemaking
process on an accelerated schedule and to
develop and implement an expedited process
for consideration of a chemical use inventory
(phase III) expansion. Executive department
and agency heads are instructed to assist EPA
in implementing this directive as quickly as
possible.
"Toxic Chemical Release Inventory
Phase 3 Expansion; Chemical Use"
August 22,1995 (60 FR 43595)
EPA announced that it will hold a public
meeting to receive comments on whether to
expand the reporting requirements of the Toxic
Chemical Release Inventory to include
chemical use data. The meeting is scheduled
for September 19 and 20, 1995.
"Toxic Chemical Release Reporting;
Manganese and Manganese in Slags"
August 24,1995 (60 FR 44000)
EPA denied a petition to delete manganese
and manganese compounds contained in iron
making and carbon steel making slags from the
list of toxic chemicals subject to §313 of
EPCRA. EPA has concluded that manganese
and manganese compounds in slags do not
meet the EPCRA §313(d)(3) deletion criteria.
EXECUTIVE ORDER
"Federal Acquisition and Community
Right-To-Know"
August 10, 1995 (60 FR 40989)
President Clinton Issued Executive Order
12969 requiring all federal agencies, to the
maximum extent practicable, to contract with
companies that report in a public manner on
toxic chemicals released to the environment.
Under the Executive Order, Federal agencies
are to include in contract solicitations as an
eligibility criterion for the award of
competitive acquisition contracts expected to
equal or exceed $100,000 with Federal
contractors who are currently subject to
EPCRA §313, the requirement that such
contractors must file (and continue to file for
the life of the contract) a Form R for each toxic
chemical manufactured, processed, or
otherwise used in excess of the applicable
annual threshold level by the contractor at a
facility. For the purposes of this Executive
Order, the list of toxic chemicals includes all
substances on the list described in EPCRA
§313(c) as the list exists on the effective date
of this order. The Executive Order indicates
that EPA will publish guidance for compliance
with the Order, including applicability with
respect to subcontractors, no later than
September 30, 1995. This Order is effective
immediately.
23
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300 T
250
CALL ANALYSES
CALLS ANSWERED BY HOTLINE
August Daily Volume*
Documents
EPCRA and
Superfund
H
2 3 4 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 31
Day
Year to Date*
RCRA/UST
January
February
March
April
May
June
July
August
Month
6,017
5,984
6,953
5,954
6.746
6,834
5,252
6,265
Cumulative
--
12,001
18,954
24,908
31,654
38,488
43,740
50,005
EPCRA and Superfund
January
February
March
April
May
June
July
August
Month
3,432
4,284
3,892
3,158
3,910
7,707
4,095
3,663
Cumulative
--
7,716
1 1 ,608
14,766
18,676
26,383
30,478
34,141
Documents
(All Proa ram Areas)
January
February
March
April
May
June
July
August
Month
4,389
4,191
5,402
4,631
4,959
5,283
3,678
3,952
Cumulative
~
8,580
13,982
18,613
23,572
28,855
32,533
36,485
*A11 calls answered by the Call Management System, the Message Retrieval Line, and the Document Retrieval Line.
25
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Call Analyses
August 1995
QUESTIONS ANSWERED BY TYPE
August Daily Volume*
600
500
r\
V)
c
3 400 +
o
O
_ 300 +
o
100 ••
< &
o
Regulatory
Document
•A
13,749
1 1 1 1 1 1 1
Referral/Transfer
./. •-
-\ 1 1 1 1 1 I 1 1 1
1 2 3 4 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 31
Day
Year to Date*
Regulatory
January
February
March
April
May
June
July
August
Month
12,045
11,182
12,817
10,851
13,051
19,381
12,290
13,749
Cumulative
--
23,227
36,044
46,895
59,946
79,327
91,617
105,366
Document
January
February
March
April
May
June
July
August
Month
5,285
5,301
6,643
5,636
6,707
7,924
5,855
6,027
Cumulative
--
10,586
17,229
22,865
29,572
37,496
43,351
49,378
Referral/Transfer
January
February
March
April
May
June
July
August
Month
1,518
1,689
1,747
1,328
1,652
2,276
1,349
1,282
Cumulative
-
3,207
4,954
6,282
7,934
10,210
11,559
12,841
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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Auaust 1995
Call Analyses
QUESTIONS ANSWERED BY PROGRAM AREA
August 1995*
'Based on 19,776 questions and excludes 1,282 referrals and transfers made from both Hotlines. Includes the
Message Retrieval Line and the Document Retrieval Line.
Year to Date*
January
February
March
April
May
June
July
August
RCRA
Month
56%
(9,725)
52%
(9,474)
55%
(11,738)
55%
(9,814)
51%
(10,939)
45%
(13,075)
49%
(9,455)
56%
(11,879)
Cumulative
--
54%
(19,199)
55%
(30,937)
55%
(40,751)
54%
(51,690)
52%
(64,765)
51%
(74,220)
52%
(86,099)
UST
Month
6%
(1,012)
5%
(951)
6%
(1,290)
5%
(897)
5%
(1,052)
3%
(980)
4%
(828)
9%
(1,928)
Cumulative
--
5%
(1,963)
6%
(3,253)
6%
(4,150)
5%
(5,202)
5%
(6,182)
5%
(7,010)
5%
(8,938)
EPCRA
Month
24%
(4,215)
29%
(5,261)
23%
(4,904)
25%
(4,536)
31%
(6,684)
41%
(12,127)
31%
(6,084)
20%
(4.157)
Cumulative
--
27%
(9,476)
25%
(14,380)
25%
(18,916)
27%
(25,600)
30%
(37,727)
30%
(43,811)
29%
(47,968)
Superfund
Month
14%
(2,378)
14%
(2,486)
16%
(3,275)
15%
(2,568)
13%
(2,735)
11%
(3,399)
16%
(3,127)
15%
(3.094)
Cumulative
--
14%
(4,864)
14%
(8,139)
14%
(10,707)
14%
(13,442)
13%
(16,841)
14%
(19,968)
14%
(23,062)
27
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Call Analyses
August 1995
CALLER PROFILE
RCRA/UST Hotline
Regulated Community 5,609
Citizens 242
State & Local Govt./Native American 231
Federal Agencies 111
Educational Institutions 104
EPA 196
Media 16
Interest Groups 16
Congress 2
International 6
Other 134
Referrals* 468
Transfers to EPCRA/Superfund Hotline* 261
Document Retrieval Line* 190
Message Retrieval Line* 972
TOTAL
8,558
State & Local Govt./
Native American
3%.
All Others
7%
Citizens
4%
Federal Agencies
2%
Regulated
Community
* No caller profile data available.
28
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August 1995
Call Analyses
Emergency Planning and Community Right-to-Know Act/
Superfund Hotline
Manufacturers
Food/Tobacco
Textiles
Apparel
Lumber & Wood
Furniture
Paper
Printing & Publishing
Chemicals
Petroleum & Coal
Rubber and Plastics
Leather
Stone, Clay & Glass
Primary Metals
Fabricated Metals
Machinery (Excluding Electrical)
Electrical&Electronic Equipment
Transportation Equipment
Instruments
Misc. Manufacturing
Subtotal
Consultants/Engineers 2,084
Attorneys 276
34 Citizens 250
26 Public Interest Groups 20
13 Educational Institutions 58
25 EPA 59
15 Federal Agencies 107
27 GOCOs 2
28 Congress 0
81 State Officials/SERC 66
41 Local Officials/LEPCs 81
24 Fire Departments 11
13 Hospitals/Laboratories 21
26 Trade Associations 20
33 Union/Labor 0
45 Farmers 1
31 Distributors 7
18 Insurance Companies 2
37 Media/Press 21
16 Native Americans 0
189 International 2
Other 119
Referrals* 211
Transfers to RCRA/UST Hotline* 342
722 Document Retrieval Line* 0
Message Retrieval Line* 841
TOTAL 5,323
Citizens
Attorneys
7%
All Others
15%
Consultants/
Engineers
53%
Manufacturers
19%
* No caller profile data available.
29
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Call Analyses
August 1995
HOTLINE TOPICS
RCRA
RCRA GENERAL 1,623
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
Combustion
Industrial Waste
Solid Waste Recycling - General
Aluminum
Batteries
Glass
Paper
Plastics
Tires
Used Oil
2,14s1
276
86
62
2
5141
29
28
7061
7601
187
81
14
5701
94
77
60
11
2
9521
163
278
112
188
23
147
28
27
49
7
93
94
42
10
224
3211
28
29
19
4201
40
52
37
54
48
25
135
Composting 139
Markets - General 28
Aluminum 15
Batteries 24
Compost 4
Glass 6
Paper 5
Plastics 12
Tires 10
Used Oil 59
Procurement General 1601
Building Insulation 8
Cement/Cement Products with Fly Ash 7
Paper and Paper Products 33
Re-Refined Lubricating Oil 8
Retread Tires 6
Source Reduction/Pollution Prevention 78
Grant and Financing 11
OTHER WASTES
Ash 49
Bevill Amendment (Mining Waste) 27
Medical Waste 161
Oil and Gas 57
TOTAL 11,879*
* Includes 3,103 RCRA document requests.
UST
General/Misc. 2661
Applicability/Definitions 138
Regulated Substances 45
Standards for New Tank Systems 2011
Tank Standards and Upgrading 237
Operating Requirements 68
Release Detection 94
Release Reporting & Investigation 53
Corrective Action for USTs 282
Out-of-Service/Closure 168
Financial Responsibility 2581
State Programs 41
Liability/Enforcement 50
LUST Trust Fund 27
TOTAL 1,928*
* Includes 1,157 UST document requests.
30
1 Hot topics for this month
1 Topics are calculated as the summation of ail questions received by the Hotline. A single call may result in
multiple questions.
-------
August 1995
Call Analyses
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
General:
General Title III Questions 4461
Trade Secrets . 10
Enforcement 34
Liability/Citizen Suits 5
Training 1
Chemical-Specific Information 45
Emergency Planning (§§301-303):
General 75
Notification Requirements 30
SERC/LEPC Issues 76
EHSsyTPQs 53
Risk Communication/
Hazards Analysis 32
Exemptions 10
Emergency Release Notification (§304):
General 96
Notification Requirements 57
Reportable Quantities 75
CERCLA § 103 vs. SARA §304 53
ARIP/AHEDB/ERNS 2
Exemptions 6
Hazardous Chemical Reporting
(§§311-312):
General 106
MSDS Reporting Requirements 73
Tier VII Requirements 111
Thresholds 54
Hazard Categories 26
Mixtures Reporting 25
Exemptions 57
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
3471
3801
1591
3621
39
36
6091
4
96
54
98
149
1211
Special Topics:
CAA§112
General
RMPs
List of Regulated Substances
Federal Facilities Executive Order
401
371
29
42
TOTAL 4,157
* Includes 946 Emergency Planning and Community
Right-to-Know document requests
SUPERFUND
General/Misc. 196
Access & Information Gathering 32
Administrative Improvements
General 136
Environmental Justice/Brownfields 2891
S ACM/Presumptive Remedies 118
Soil Screening Levels 47
Administrative Record 31
ARARs 102
CERCLIS 117
Citizen Suits 6
Claims Against Fund 7
Clean-Up Costs 39
Clean-Up Standards 46
Community Involvement 39
Contract Lab Program (CLP) 22
Contractor Indemnification 5
Contracts 12
Definitions 50
Enforcement 48
Federal Facilities 17
Hazardous Substances 159
HRS 20
Liability . 82
Local Gov't Reimbursement 14
Natural Resource Damages 7
NCP 59
Notification 89
NPL 1581
Off Site Rule 7
OSHA 7
PA/SI 17
PRPs 81
RD/RA 20
Reauthorization 33
1 Hot topics for this month
1 Topks 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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Call Analyses August 1995
Remedial 100
Removal 51
RI/FS 43
Risk Assess./Health Effects 61
ROD 44
RQ 5271
Settlements 30
SITE Program 41
State Participation 6
State Program 9
TAGs 3
Taxes 6
Special Topics
Oil Pollution Act 3
SPCC Regulations 21
Radiation Site Cleanup 37
TOTAL 3,094*
* Includes 821 Superfund document requests.
TOTAL HOTLINE QUESTIONS,
DOCUMENT REQUESTS AND
REFERRALS: 21,058
1 Hot topics for this month
• Topics are calculated as the summation of all questions received by the Hotline. A single call may result in
multiple questions.
32
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