EPA530-R-95-002J
SUB-9224-95-009
MONTHLY HOTLINE REPORT
September 1995
RCRA/UST, Superfund, and EPCRA
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Hotline Questions and Answers
Resource Conservation and Recovery Act (RCRA) I
Underground Storage Tanks (UST) I
Emergency Planning and Community Right-to-Know (EPCRA) 2
New Publications
Resource Conservation and Recovery Act (RCRA) 5
Underground Storage Tanks (UST) 7
Comprehensive Environmental Remediation Compensation and
Liability Act (CERCLA) 7
Emergency Planning and Community Right-to-Know (EPCRA) 8
Federal Registers
Final Rules 9
Proposed Rules 11
Notices 12
Call Analyses
Calls Answered 17
Caller Profiles «*» 20
Hotline Topics .,.^..-.A JUA-U.-ll 22
RCRA/UST, Superfund, and EPCRA
National Toll-Free No.: 800-424-9346
Local: 703-412-9810
TDD National Toll-Free No.: 800-553-7672
This report is prepared and submitted in support of Contract No. 68-WO-0039.
EPA Project Officer:
Carie VanHook Jasperse
U.S. Environmental Protection Agency
Washington, DC 20460
Printed on
Recycled Paper
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MONTHLt 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:
12-month Subscription
January 1995
February 1995
March 1995
April 1995
May 1995
June 1995
July 1995
August 1995
September 1995
SUB-9224
PB95-922 401
PB95-922 402
PB95-922 403
SUB-9224-95-004
SUB-9224-95-005
SUB-9224-95-006
SUB-9224-95-007
SUB-9224-95-008
SUB-9224-95-009
EPA and state personnel can order the Monthly
Hotline Report from the RCRA Docket at
(202) 260-9327. The order number for the
1995 yearly subscription is EPA530-R-95-002.
Electronic Availability
The Monthly Hotline Report Questions and
Answers are also available for downloading at
no charge from the CLU-DV bulletin board at
(301) 589-8366.
The complete text of the 1993, 1994, and 1995
Monthly Hotline Reports may be accessed via
the Internet using a gopher. From the EPA
Core Server at gopher.epa.gov, follow this
pathway: EPA Offices & Regions -> Office of
Solid Waste & Emergency Response > OSW
(RCRA) --> RCRA: General --> RCRA/UST,
Superfund & EPCRA Hotline Reports.
The Hotline maintains an electronic mailing
list named HOTLINE_OSWER. Subscribers
will have Hotline announcements and Monthly
Hotline Reports e-mailed to them as they are
released, at no charge.
To subscribe to the Hotline electronic mail-
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HOTLINE QUESTIONS AND ANSWERS
RCRA
1. Isomers of P- and U-Listed Wastes
The PandU lists at 40 CFR §§261.33(e)
and (f) identify chemicals which, when
discarded as unused commercial chemical
products, are listed hazardous wastes. If a
particular P- or V-listed chemical has many
isomers, are those isomers listed hazardous
wastes as well?
Many chemicals on the P and U lists have
multiple isomers. Isomers are compounds
made up of the same atoms in the same
proportions, but which have different
chemical structures and potentially different
chemical properties. These different forms of
a chemical can be identified precisely and
given unique Chemical Abstract Service
(CAS) numbers. For example, toluenediamine
(C7Hi3N2) may have many isomers, including
toluene-2-4-diamine (CAS# 95-80-7) and
toluene-2-6-diamine (CAS# 823-40-5), that
differ structurally. Chemicals also may be
identified as "mixed isomers." Mixed isomers
include all mixtures of individual isomers of a
compound. For instance, the generic mixed
isomer designation of toluenediamine (CAS#
25376-45-8) includes mixtures of the isomers
toluene-2-4-diamine and toluene-2-6-diamine.
EPA may choose to include all isomers of
a chemical on the P or U list by listing the
mixed isomer or generic name of the
compound. If the generic mixed isomer name
and CAS number of a compound appear on
the P or U list, then any individual isomers of
that compound and all mixtures of isomers of
that compound meet the listing description.
Thus, when discarded in its commercial
chemical product form, the isomer toluene-2-
4-diamine (CAS# 95-80-7) is a listed
hazardous waste, because the generic mixed
isomer toluenediamine (CAS# 25376-45-8) is
listed as U221.
EPA may also choose to designate only
specific isomers of a chemical as P- or U-
listed hazardous wastes. When a particular
isomer is designated, then only that isomer is
covered by that particular listing. For
example, U140 covers isobutyl alcohol (CAS#
78-83-1), an isomer of butanol. Since the
U140 listing includes only isobutyl alcohol,
other isomers of butanol are not U140
(although they may be listed elsewhere).
2. Closure and Conversion to a Non-
Regulated Tank
A regulated underground storage tank
(UST) is being converted to store heating oil
for consumptive use on site and therefore mil
be exempt from 40 CFR Pan 280 regulation
(§280.12). What closure requirements will the
tank need to meet when changing from a
regulated to exempt UST system?
Under the Part 280, Subpart G, closure
requirements, an owner or operator can choose
from three UST closure options: temporary
closure, permanent closure, or change-in-
service. The UST in this case will have to
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Hotline Questions and Answers
September 1995
comply with the change-in-service procedures
prior to being used to store heating oil in order
to satisfy the closure requirements. The
change-in-service provisions apply when an
UST will continue to be used to store a "non-
regulated substance" (§280.7 l(c)). When the
regulated UST is convened to storing heating
oil, since the tank will now be exempt from
regulation, the tank is treated as if it were
storing a non-regulated substance. The owner
or operator of the UST will have to notify the
implementing agency, empty and clean the
tank, and assess the site prior to converting the
UST into an exempt tank system (§§280.71
and 280.72). States may have more stringent
closure and corrective action requirements for
UST systems exempt from the federal
regulations.
EPCRA
3. Reporting Mineral Acids Contained
in Filter Cake Under EPCRA §313
EPCRA §313 requires manufacturing
facilities (SIC codes 20 - 39) with 10 or more
full-time employees that manufacture, process,
or otherwise use toxic chemicals above annual
thresholds to report releases, transfers, and
source reduction and recycling activities
associated with these chemicals. A
manufacturing facility generates a waste
stream in the form of a filter press cake that
contains nitric acid, a listed mineral acid
under EPCRA §313. Before the filter cake is
sent to an off-site landfill for disposal, the
nitric acid in the filter cake is neutralized to
pH 7. How should the facility report the
disposal of this nitric acid on its Form R
(revised December 4,1993)?
Discharges of listed mineral acids (e.g.,
hydrogen fluoride, hydrogen chloride, nitric
acid, and phosphoric acid) to receiving
streams, water bodies, or publicly-owned
treatment works (POTWs) may be reported as
zero on the Form R if the mineral acid is
neutralized to pH 6 or above during on-site
treatment (Toxic Chemical Release Inventory
Reporting Form R and Instructions. Revised
1993 Version, pp. 26, 31). This policy also
applies to off-site transfers of neutralized
mineral acids. A facility that neutralizes nitric
acid in an on-site waste stream before
transferring it to an off-site location for
disposal should report this transfer as zero in
column A of Section 6.2 - Transfers to Other
Off-Site Locations. Since the disposal facility
does not treat the nitric acid, the reporting
facility should enter NA in Section 6.2, column
C. All applicable on-site treatment of the acid
must be reported in Section 7A - On-Site
Waste Treatment Methods and Efficiency.
The total amount of the nitric acid that was
neutralized should be reported in column B of
Section 8.6 - Quantity Treated On-Site. In
addition, the manufacturing facility
neutralizing the nitric acid in the filter cake
needs to determine if they are manufacturing a
listed water dissociable nitrate compound as a
result of the nitric acid neutralization.
4. Article Exemption and Paint Under
EPCRA §313
A manufacturing facility processes steel
rods containing toxic chemicals listed under
EPCRA §313 (40 CFR §372.65). The toxic
chemicals contained in the steel rods meet the
article exemption and therefore are not
included in EPCRA §313 threshold or release
determinations (40 CFR §372.38(b)). To
qualify for the article exemption, an item must
meet each of the criteria of the article
definition (40 CFR §372.3). The item must be
formed to a specific shape or design during
manufacture, must have end use functions
dependent in whole or in part upon its shape
or design during end use, and must not release
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September 1995
a toxic chemical under normal conditions of
processing or use. EPA has interpreted the
first part of the article definition "formed to a
specific shape or design" to apply to items that
retain their initial thickness or diameter, in
whole or in part, throughout the item's
production cycle at a facility.
In this case, the steel rods meet each part
of the article definition throughout the entire
process. During the final stage of production,
however, two coats of paint are applied to the
steel rods. Does the application of the paint
negate the article status of the steel rods even
though the thickness of the steel does not
change?
No. The Agency has determined that the
painting or coating of an item that otherwise
meets the EPCRA §313 definition of an article
does not affect the article status of that item
because the initial thickness or diameter of that
item is retained. Therefore, the facility does
not need to count the toxic chemicals present
in the rods toward activity thresholds. The
facility, however, must count any listed toxic
chemicals found in the paint or coating
materials toward EPCRA §313 activity
thresholds.
Hotline Questions and Answers
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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 Toil-Free No.: 800-424-9346
Local: 703-412-9810
TDD National Toil-Free No.: 800-553-7672
RCRA
TITLE: Decision Maker's Guide to Solid
Waste Management, Volume II
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-R-95-023
This document, which is a companion to
Decision Maker's Guide to Solid Waste
Management. EPA530-SW-89-072, provides
information to local officials and facility
owners and operators in developing cost-
effective solid waste management programs.
This document expands on the information
provided in the 1989 version by presenting a
detailed approach for implementing solid
waste management programs. Solution-based
information and case studies on public
education and involvement are also presented
in the document, as well as guidance for
facility siting, source reduction, recycling,
composting, combustion, and land disposal.
The document also addresses technical, legal,
economic, political, and social issues that
effect solid waste management programs.
TITLE: Reusable News (Summer/Fall 1995)
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-N-95-005
Reusable News is a quarterly newsletter that
reports on municipal solid waste management
issues. This edition includes an article on the
Chicago Board of Trade (CBOT) Recycling
Exchange program as well as a summary of
EPA's Comprehensive Procurement
Guidelines issued in May 1995. Information
on EPA's Paper-Less Office Campaign, a
Cooperative Recycling program in Brazil, and
a joint EPA/United States Postal Service Bulk
Mail Recycling initiative are also included in
the newsletter. Finally, an article on
Hollywood's Waste Reduction program details
the successful efforts of Sony Pictures' "Green
Team" to reduce and reuse materials generated
during film making.
TITLE: Environmental Fact Sheet:
Redesigning Hazardous Waste Regulations on
Recycling
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-95-015
This fact sheet provides an overview of the
efforts states and EPA are taking to revise the
definition of solid waste under RCRA. EPA
expects these revisions to improve the
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New Publications
September 1995
regulation of hazardous waste recycling and
support the principles for reinventing
environmental protection. Specifically, the
document presents key points of the strategy
EPA and states have developed for addressing
jurisdiction, and for streamlining
implementation of requirements for regulated
recycling activities. This document is also
available on the Internet.
TITLE: Recycling Guide for Native
American Nations
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-K-95-006
This booklet contains information on how
Native American communities can establish
successful recycling programs. Specifically, it
includes tips on how to encourage community
involvement, conduct a supply analysis, and
survey local businesses for potential end uses
of recycled materials to determine the
feasibility of the recycling program. Guidance
for establishing criteria for selecting products
to be recycled and production processes for
turning the recycled materials into new
products are also included in the document.
Steps for preparing a business plan, and
obtaining financing and support as well as
definitions of key recycling terms, names of
companies which manufacture recycled
products, and a list of resources for additional
information are also contained in the guide.
TITLE: State and Tribal Partnerships to
Promote Jobs Through Recycling
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-K-95-009
This pamphlet provides an overview of the
Jobs Through Recycling program. It lists the
goals of the initiative, and how these goals can
be achieved through grants which EPA awards
to states and tribes. The pamphlet also
contains two matrices summarizing the
activities of ten Recycling Economic
Development Advocates as well as the
activities planned for four Recycling and Reuse
Business Centers.
TITLE: WasteWi$e Update: Measuring
Waste Reduction
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-N-95-006
This publication provides updates on how the
WasteWi$e program is being implemented by
companies across the United States. It includes
information on how these companies are
successfully lowering the amount of waste they
generate.
TITLE: MSW Factbook, Version 2.0
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-C-95-001
This document is an electronic reference
manual which presents key data related to
municipal solid waste (MSW) management. It
contains national and international data on
waste prevention, recycling, land disposal, as
well as extensive data on state solid waste
management programs. The reference manual
is available on a 3.5" IBM compatible diskette,
and through the Internet.
TITLE: Environmental Fact Sheet:
Purchasing and Maintaining Retread Passenger
Tires
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-95-019
This fact sheet provides information on the
benefits of purchasing and maintaining retread
passenger tires. The document also outlines
programs such as the EPA procurement
guideline and GSA's Federal Tire Program
which encourage purchasing retread tires and
proper maintenance of these tires to reduce
scrap tire generation in the United States.
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September 1995
New Publications
TITLE: Environmental Fact Sheet: Paper-less
Office Campaign Reduces EPA Paper Use By
15 Percent
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-95-018
This fact sheet provides an overview of EPA's
Paper-Less Office Campaign, and it includes
examples of how this initiative has reduced
paper consumption throughout offices at EPA
headquarters. The document also includes 10
tips to assist offices which are interested in
implementing a paper prevention program.
TITLE: RCRA Permit Policy Compendium
Package: Revision 4
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-243 036
This update is designed to be added to the
existing volumes of the RCRA Permit Policy
Compendium, and it includes an entire new
volume I, which is the User's Guide and
Keyword Index. New reference memoranda,
OSWER Directives, and RCRA/UST Monthly
Hotline Report Questions dated October 1,
1994 through June 30, 1995 are also included
in the update package. The documents are
grouped to facilitate insertion into the existing
volumes of the Compendium, and individual
documents are assigned document numbers.
Additionally, the update package includes new
spines and covers for the binders, and the
updated index on disk.
UST
TITLE: Environmental Fact Sheet: EPA's
Lender Liability Rule for Underground Storage
Tanks
AVAILABILITY: Hotline
EPA ORDER NO.: EPA510-F-95-004
This fact sheet summarizes the UST-specific
lender liability rule published in the Federal
Register September 7, 1995. This rule
specifies conditions under which certain
secured lenders may be exempt from RCRA
Subtitle I.
TITLE: List of Known Insurance Providers
for Underground Storage Tanks
AVAILABILITY: Hotline
EPA ORDER NO.: EPA510-F-95-006
This compilation includes the name, address,
and phone number of seven insurance
providers for underground storage tanks. This
list is for informational purposes only; it is not
an endorsement by EPA of any of the listed
companies or their products and services.
CERCLA
TITLE: "The Brownfields Economic
Redevelopment Initiative: Application
Guidelines for Demonstration Pilots"
AVAILABILITY: NTIS
NTIS ORDER NO.: PR990
EPA is funding two-year demonstration pilots
for developing brownfields. Brownfields arc
abandonded, idled, or under-used industrial
and commercial facilities where expansion or
redevelopment is complicated by real or
perceived environmental contamination. This
document provides communities with
guidelines for preparing applications to receive
funding from EPA for a brownfields pilot. The
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New Publications September 1995
guidelines include an overview of the
evaluation criteria EPA will use to select
pilots. States, cities, towns, counties, U.S.
Territories, and Indian Tribes are eligible to
apply.
EPCRA
TITLE: "The Emergency Planning and
Community Right-to-Know Act: Section 313
Release Reporting Requirements"
AVAILABILITY: Hotline
EPA ORDER NO.: EPA745-K-95-052
Manufacturing facilities that meet employee
and activity thresholds must file the Toxics
Release Inventory Reporting Form R with EPA
and the respective State Emergency Response
Commission annually on July 1. This
brochure informs businesses of their reporting
obligations. It describes in detail which
facilities and chemicals are covered by the
EPCRA §313 reporting requirements. The
pamphlet contains the list of covered Standard
Industrial Classification codes, the list of EPA
Regional contacts, and the alphabetical list of
toxic chemicals.
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FEDERAL REGISTERS
FINAL RULES
RCRA
"Underground Storage Tank; Lender
Liability"
September 7,1995 (60 F_B 46692)
EPA limited the regulatory obligations of
lending institutions and other persons who
hold a security interest in a petroleum
underground storage tank, or acquire title or
deed to a petroleum UST or the facility and/or
property on which an UST is located. The
rule specifies conditions under which these
"security interest holders" may be exempted
from the RCRA Subtitle I corrective action
technical and financial responsibility
regulatory requirements that apply to an UST
owner or operator. This rule is effective
December 6,1995.
"Vermont; Incorporation by Reference
of Vermont's State Underground
Storage Tank Program"
September 12,1995 (60 Ffi 47300)
EPA codified in 40 CFR Part 282 the prior
approval of Vermont's UST program and
incorporated by reference appropriate
provisions of state statutes and regulations.
This regulation is effective November 13,
1995, unless EPA publishes a prior Federal
Register document withdrawing this
immediate final rule.
"North Carolina; Authorization of State
Hazardous Waste Management
Program Revisions"
September 27,1995 (60 FR 49800)
EPA determined, subject to public review
and comment, that North Carolina's hazardous
waste program revisions satisfy all of the
requirements necessary to qualify for final
authorization. Final authorization will be
effective November 27, 1995, unless EPA
publishes a prior action withdrawing this
immediate final rule. Comments must be
received on or before October 27, 1995.
"Organic Air Emission Standards for
Tanks, Surface Impoundments, and
Containers"
September 29,1995 (60 FB 50426)
EPA stayed the applicability of the Subpart
CC technical requirements for tanks and
containers managing certain organic peroxide
compounds. These organic peroxides are
inherently unstable and therefore cannot be
safely confined in closed units or systems.
This rule is effective on December 6, 1995.
CERCLA
"National Priorities List; Jackson
Township Landfill Superfund Site"
September 13,1995 (60 FR 47849)
EPA announced the deletion of the Jackson
Township Landfill Superfund Site, located in
Ocean County, New Jersey, from the National
Priorities List. The Agency published a notice
of its intent to delete the site on April 26,
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Federal Registers
September 1995
FINAL RULES
1995. EPA and the State of New Jersey 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
September 13, 1995.
"National Priorities List; MAS Whidbey
Seaplane Base Superfund Site"
September 21,1995 (60 FR 48902)
EPA announced the deletion of the NAS
Whidbey Seaplane Base Site, located on
Whidbey Island, Washington, from the
National Priorities List. EPA and the State of
Washington determined that no further cleanup
under CERCLA is appropriate and that
remedial actions at the site have been
protective of public health, welfare, and the
environment. This deletion is effective on
September 21, 1995.
"National Priorities List; Brown Wood
Preserving Superfund Site"
September 22, f 995 (60 FR 49230)
EPA announced the deletion of the Brown
Wood Preserving Site, located in Live Oak,
Florida, from the National Priorities List. The
Agency published a notice of its intent to
delete the site on July 6, 1995. 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. The effective date of this action
is September 22,1995.
"National Priorities List; E.I. du Pont de
Nemours and Company Superfund
Site"
September 25,1995 (60 FR 49347)
EPA announced the deletion of the E.I. du
Pont de Nemours and Company County Road
X23 Superfund Site, located in Fort Madison,
Iowa, from the National Priorities List. EPA
and the State of Iowa 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. This deletion is effective on
September 25, 1995.
"National Priorities List; Pesses
Chemical Company Superfund Site"
September 28,1995 (60 £550114)
EPA announced the deletion of the Pesses
Chemical Company Site in Fort Worth, Texas,
from the National Priorities List. The Agency
published a notice of its intent to delete the site
on April 17,1995. 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.
The effective date of this action is
September 28, 1995.
"National Priorities List; Witco
Chemical Corporation Superfund Site"
September 29,1995 (60 FR 50430)
EPA announced the deletion of the Witco
Chemical Corporation Superfund Site, in
Oakland, New Jersey, from the National
Priorities List. EPA and the State of New
Jersey determined that no further cleanup
under CERCLA is appropriate and that
10
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September 1995
Federal Registers
remedial actions at the site have been
protective of public health, welfare, and the
environment. This deletion is effective on
September 29, 1995.
"National Priorities List; Action
Anodizing, Plating, and Polishing Site
September 29,1995 (60 EB 50431)
EPA announced the deletion of the Action
Anodizing, Plating, and Polishing Site, in
Oakland, New Jersey, from the National
Priorities List. EPA and the State of New
York determined that no further cleanup under
CERCLA is appropriate and that remedial
actions at the site have been protective of
public health, welfare, and the environment.
This deletion is effective on October 30, 1995.
"National Priorities List"
September 29,1995 (60 F_R 50435)
EPA added eight new sites to the NPL; six to
the General Superfund Section and two to the
Federal Facilities Section. The NPL is
intended primarily to guide EPA in
determining which sites warrant further
investigation to assess the nature and extent of
public health and environmental risk
associated with the sites and to determine what
CERCLA financed remedial actions (if any)
may be appropriate. This effective date for
this amendment to the NCP is October 30,
1995.
PROPOSED RULES
RCRA
"SW-846 Proposed Update ill;
Extension of Comment Period"
September 22,1995 (60 Ffi 49239)
EPA extended the comment period for the
proposed Update III of SW-846, which adds,
revises, and deletes testing methods from SW-
846 and certain RCRA regulations. Comments
must now be submitted on or before
December 21, 1995.
"Montana; Final Approval of State
Underground Storage Tank (UST)
Program"
September 22,1995 (60 EB 49239)
EPA has reviewed Montana's application for
state UST program approval under Subtitle I of
RCRA and made the tentative decision that
Montana's application satisfies all of the
requirements necessary to qualify for final
approval. Montana's application for final
approval is available for public review and
comment. All comments must be received by
October 23, 1995. The public hearing is
tentatively scheduled for November 13, 1995.
"Corrective Action for Solid Waste
Management Units (SWMUs)"
September 26,1995 (60 FR 49538)
EPA responded to comments concerning a
June 2, 1994, Notice of Data Availability (59
FR 28504). The notice had announced the
availability of a revised draft Regulatory
Impact Analysis (RIA) prepared by the Agency
for the proposed RCRA requirements for
corrective action for SWMUs at hazardous
waste management facilities.
11
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Federal Registers
September 1995
CERCLA
"National Priorities List Update;
Clothier Disposal Superfund Site"
September 15,1995 (60 FR 47918)
EPA announced its intent to delete the
Clothier Disposal Site, located in Oswego
County, New York, from the National
Priorities List. EPA and the State of New
York determined that no further cleanup under
CERCLA is appropriate and that remedial
actions at the site have been protective of
public health, welfare, and the environment.
Comments concerning the site may be
submitted on or before October 15, 1995.
"National Priorities List; Arkansas City
Dump Superfund Site"
September 20,1995 (60 FR 48683)
EPA announced its intent to delete the
Arkansas City Dump Site, located in Arkansas
City, Kansas, from the National Priorities List.
Deletion of this site was proposed because
EPA has completed the Superfund remedial
action at this site. Comments concerning the
proposed deletion will be accepted on or
before October 20, 1995.
EPCRA
"Toxic Chemical Release Reporting;
Diethyl Phthalate"
September 5,1995 (60 EH 46076)
EPA has proposed to delete diethyl phthalate
(DEP) from the list of toxic chemicals subject
to reporting requirements under §313 of
EPCRA, because the Agency has preliminarily
concluded that DEP meets the deletion criteria
of EPCRA §313(d)(3). Written comments on
this proposed rule must be received on or
before November 6, 1995.
NOTICES
RCRA
"Hazardous Waste Land Disposal
Injection Restrictions; Petition for
Exemption"
September 5,1995 (60 FR 46118)
EPA granted an exemption from LDR for
Monsanto Chemical Company's Class I
Injection wells located in Alvin, Texas. EPA
is satisfied that, to a reasonable degree of
certainty, there will be no migration of
hazardous constituents from the injection
zones for as long as the waste remains
hazardous. This action is effective August 17,
1995.
"Hazardous Waste Land Disposal
Injection Restrictions; Petition for
Exemption"
September 5,1995 (60 EB 46118)
EPA granted an exemption from LDR for
BASF Corporation's Class I Injection wells
located in Freeport, Texas. EPA is satisfied
that, to a reasonable degree of certainty, there
will be no migration of hazardous constituents
from the injection zones for as long as the
waste remains hazardous. This action is
effective August 17, 1995.
"Hazardous Waste Land Disposal
Injection Restrictions; Petition for
Exemption"
September 15,1995 (60 FR 47946)
EPA granted an exemption from LDR for Air
Products Manufacturing Corporation's Class I
nonhazardous waste injection well located in
Wichita, Kansas. EPA is satisfied that, to a
reasonable degree of certainty, there will be no
migration of hazardous constituents from the
injection zones for as long as the waste
12
-------
September"! 995
Federal Registers
NOTICES
remains hazardous. This decision, effective on
September 7, 1995, constitutes final Agency
action.
"North Dakota; Final Adequacy
Determination of State/Tribal
Municipal Solid Waste Permit
Program"
September 20,1995 (60 FR 48711)
EPA has concluded that the State of North
Dakota's municipal solid waste landfill
(MSWLF) permitting program is adequate to
ensure compliance with the revised MSWLF
criteria. EPA therefore issued a final
determination that the state/tribe's program is
adequate. The determination of adequacy for
North Dakota is effective September 18, 1995.
"Procedures for Submission of
Recycled Content Products
Information to EPA"
September 20,1995 (60 FR 48714)
EPA detailed procedures for persons
interested in: (1) suggesting items made with
recovered materials for designation in future
revisions to the Comprehensive Guideline for
Procurement of Products Containing
Recovered Materials (CPG) and (2) providing
information for EPA to use in developing or
revising its recommendations for the recovered
materials content levels contained in the
Recovered Materials Advisory Notices
(RMAN). EPA will accept the information
submitted from December 1, 1995 through
February 29, 1996.
CERCLA
"Proposed Administrative Settlement;
Muratti Environmental Superfund Site"
September 5,1995 (60 F_B 46119)
EPA announced a proposed Administrative
Settlement, pursuant to CERCLA §122(h),
relating to the Muratti Environmental
Superfund Site, located in Penuelas, Puerto
Rico. The proposed settlement involves an
Administrative Order on Consent between
EPA and 12 settling parties. Comments must
be submitted on or before October 5, 1995.
"Proposed Administrative Settlement;
Jack's Creek/Sit kin Smelting
Superfund Site"
September 8,1995 (60 FR 46834)
EPA has proposed to enter into a De Minimis
Settlement, pursuant to §122(g)(4) of
CERCLA, which would resolve the liability
under CERCLA of Diversified Industries, Inc.,
Scullin Steel Company, and Theodore Sail,
Inc., for response costs incurred at the Jacks's
Creek/Sitkin Smelting Superfund Site in
Maitland County, Pennsylvania. Comments
will be accepted on or before October 10,
1995.
"Proposed Administrative Settlement;
Jack's Creek/Sitkin Smelting
Superfund Site"
September 13,1995 (60 FQ 47579)
EPA has proposed to enter into a De
Micromis Settlement, pursuant to §122(g)(4)
of CERCLA, which would resolve the liability
under CERCLA of Gould Electronics, Inc.,
and Texas Instruments Incorporated, for
response costs incurred at the Jacks's Creek/
Sitkin Smelting Superfund Site in Maitland
13
-------
Federal Registers
September 1995
NOTICES
County, Pennsylvania. Comments will be
accepted on or before October 13, 1995.
"Proposed Administrative Settlement;
Jack's Creek/Sitkin Smelting
Superfund Site"
September 18,1995 (60 FR 48109)
EPA has proposed to enter into a De Minimis
Settlement, pursuant to §122(g)(4) of
CERCLA, which would resolve the liability
under CERCLA of Joseph Smith and Sons,
Inc., for response costs incurred at the Jacks's
Creek/Sitkin Smelting Superfund Site in
Maitland County, Pennsylvania. Comments
will be accepted on or before October 18,
1995.
"Proposed Consent Decree; J.K. Drum
Superfund Site"
September 21,1995 (60 Efi 49007)
A Consent Decree in United States v. River
Properties, et al. was lodged with the U.S.
District Court for the Eastern District of
Wisconsin on August 30, 1995. The site was
contaminated with numerous hazardous
substances, including heavy metals, flammable
materials, acids and cyanide liquids, during the
operation of a drum disposal, cleaning, and
recycling business. The 24 settling defendants
have agreed in the proposed Consent Decree to
reimburse the Unites States in the amount of
$780,000, which comprises approximately
95% of the costs incurred at the site. DOJ will
receive comments for a period of 30 days from
the date of publication.
"Brownfields Economic
Redevelopment Initiative Pilots;
Application Deadlines and Revised
Guidelines"
September 22,1995 (60 EH 49276)
EPA announced that it will select a total of 20
Brownfields Economic Redevelopment Pilots
during the next two rounds of the competition.
The deadlines for these rounds are
November 17, 1995 and March 4, 1996. To
improve the competition process, the Agency
has issued a revised edition (September 1995)
of the Application Guidelines for
Demonstration Pilots.
"Proposed Settlement Agreement;
Yaworski Lagoon Superfund Site"
September 26,1995 (60 EB 49633)
A proposed Settlement Agreement was
lodged with the United States District Court
for the District of Connecticut in United
States v. Yaworski. Inc.. on September 12,
1995. The proposed settlement agreement
resolves claims against five de minimis
generators alleged to have disposed of
hazardous substances at the Yaworski Lagoon
Site in Windham County, Connecticut, for
their failure to comply with a Consent Decree
entered in 1990. DOJ will receive comments
on the proposed settlement agreement for 30
days from the date of publication.
"Proposed Consent Decree; Eagle Mine
Superfund Site"
September 28,1995 (60 FR 50218)
A proposed Consent Decree in United
States v. Viacom International. Inc.. was
lodged with the U.S. District Court for the
District of Colorado on September 14, 1995.
Under the proposed Consent Decree Viacom
14
-------
September 1995
Federal Registers
NOTICES
International would be required to perform
future remedial action at the Eagle Mine Site in
Minturn, Colorado, and reimburse the United
States $3,428,581 for past response costs at the
site. DOJ will receive comments on the
proposed Consent Decree for a period of 30
days from the date of publication.
"Proposed Administrative Settlement;
FMC-Fresno Site"
September 29,1995 (60 Efi 50583)
EPA provided notice of the proposed
administrative cost recovery settlement entered
into by EPA Regions IX and the FMC
Corporation. The proposed settlement
provides that FMC Corporation will reimburse
the government approximately $178,888 for
costs incurred at, or in connection with,
response actions conducted at the FMC-Fresno
Site, located in Fresno, California. EPA will
receive written comments relating to the
settlement for 30 days following the date of
publication of this notice.
EPCRA
"Toxics Data Reporting Subcommittee
Meeting"
September 1,1995 (60 £5 45718)
The Toxics Data Reporting subcommittee of
the National Advisory Council for
Environmental Policy and Technology will
hold its seventh meeting on September 28,
1995. The mission of the subcommittee is to
provide advice to EPA regarding the Agency's
Toxics Release Inventory program.
"Toxic Chemical Release Inventory
Phase 3 Expansion; Chemical Use"
September 11,1995 (60 Ffi 47174)
EPA announced a change in the dates for the
previously announced public meeting on the
potential expansion of reporting requirements
under the Toxics Release Inventory to include
chemical use data. The meeting will be held
on October 18 and 19, 1995, at 9:00 am. The
location of the meeting (Waterside Towers,
Conference Room, 907 6th Street, SW,
Washington, DC) has not been changed.
"Toxic Chemical Release Reporting;
Zinc Oxide"
September 12,1995 (60 F_H 47334)
EPA denied a petition to delist zinc oxide
from the zinc compounds category subject to
the reporting requirements of EPCRA §313.
The denial was based on evidence that zinc ion
can become available from zinc oxide through
several mechanisms and that zinc ion can
reasonably be anticipated to be toxic to aquatic
organisms.
"Toxic Chemical Release Reporting;
Community Right-to Know; Technical
Correction"
September 27,1995 (60 Ffi 49803)
EPA corrected one typographical error from a
March 10, 1995 technical amendment (60 F_R
13048) to EPCRA §313. The typographical
error appeared in the Chemical Abstracts
Registry (CAS) number for one of the
chemicals listed in the regulatory text.
15
-------
Federal Registers September 1995
NOTICES
"Guidance on Implementing Executive
Order 12969"
September 29,1995 (60 FR 50738)
EPA published guidance to assist federal
agencies in compliance with Executive Order
12969, which mandates that federal agencies
include in contract solicitations the
requirement that federal contractors ensure that
Toxic Chemical Release Inventory Forms are
filed by their covered facilities for the life of
the federal contract.
TSCA
"Guidance on Identification of Lead-
Based Paint Hazards"
September 11,1995 (60 FR 47248)
EPA published the full text of the document
entitled Guidance on Residential Lead-Based
Paint. Lead-Contaminated Dust, and Lead-
Contaminated Soil, which was originally
issued in a July 14, 1994, memorandum by the
Office of Prevention, Pesticides and Toxic
Substances.
16
-------
CALL ANALYSES
300 -r
CALLS ANSWERED BY HOTLINE
September Daily Volume*
RCRAAJST
50 -
H h
+
EPCRA and
Superfund
H 1 1 1 1 1 1 1 1 1 1 (.
-\ h
H
5 6 7 8 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29
Day
Year to Date*
RCRA/UST
January
February
March
April
May
June
July
August
September
Month
6,017
5,984
6,953
5,954
6.746
6,834
5,252
6,265
5,368
Cumulative
~
12,001
18,954
24,908
31,654
38,488
43,740
50,005
55,373
EPCRA and Superfund
January
February
March
April
May
June
July
August
September
Month
3,432
4,284
3,892
3,158
3,910
7,707
4,095
3,663
2,828
Cumulative
--
7,716
1 1 ,608
14,766
18,676
26,383
30,478
34,141
36,969
Documents
(All Proa ram Areas)
January
February
March
April
May
June
July
August
September
Month
4,389
4,191
5,402
4,631
4,959
5,283
3,678
3,952
3,440
Cumulative
--
8,580
13,982
18,613
23,572
28,855
32,533
36,485
39,925
All calls answered by the Call Management System, the Message Retrieval Line, and the Document Retrieval Line.
17
-------
Call Analyses
September 1995
QUESTIONS ANSWERED BY TYPE
September Daily Volume*
600 T
500
100 -
Regulatory
| 13.313|
Document
Referral/Transfer
-I h
H 1 1 1-
H h
H 1 1 1 1 1 1 1-
1
8 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29
Day
Year to Date*
Regulatory
January
February
March
April
May
June
July
August
September
Month
12,045
11,182
12,817
10,851
13.051
19,381
12,290
13,749
13,313
Cumulative
--
23,227
36,044
46,895
59,946
79,327
91,617
105,366
118,679
Document
January
February
March
April
May
June
July
August
September
Month
5,285
5,301
6,643
5,636
6,707
7,924
5,855
6,027
5,034
Cumulative
...
10,586
17,229
22,865
29,572
37,496
43,351
49,378
54,412
Referral/Transfer
January
February
March
April
May
June
July
August
September
Month
1,518
1,689
1,747
1,328
1,652
2,276
1,349
1,282
1,144
Cumulative
--
3,207
4,954
6,282
7,934
10,210
1 1 ,559
12,841
13,985
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.
18
-------
September 1995
Call Analyses
QUESTIONS ANSWERED BY PROGRAM AREA
September 1995*
'Based on 18,347 questions and excludes 1,144 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
September
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)
55%
(10,708)
Cumulative
54%
(19,199)
55%
(30,937)
55%
(40,751)
54%
(51,690)
52%
(64,765)
51%
(74,220)
52%
(86,099)
52%
(96,807)
UST
Month
6%
(1,012)
5%
(951)
6%
(1,290)
5%
(897)
5%
(1,052)
3%
(980)
4%
(828)
9%
(1528)
10%
(2,045)
Cumulative
-
5%
(1,963)
6%
(3,253)
6%
(4,150)
5%
(5,202)
5%
(6,182)
5%
(7,010)
5%
(8,938)
6%
(10,983)
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)
20%
(3348)
Cumulative
--
27%
(9,476)
25%
(14,380)
25%
(18,916)
27%
(25,600)
30%
(37,727)
30%
(43,811)
29%
(47,968)
28%
(51,816)
Supertund
Month
14%
(2378)
14%
(2,486)
16%
(3,275)
15%
(2,568)
13%
(2,735)
11%
(3399)
16%
(3,127)
15%
(3,094)
15%
(2390)
Cumulative
--
14%
(4,864)
14%
(8,139)
14%
(10,707)
14%
(13,442)
13%
(16,841)
14%
(19368)
14%
(23,062)
14%
(25,952)
19
-------
Call Analyses
September 1995
CALLER PROFILE
RCRA/UST Hotline
Regulated Community 4,854
Citizens 193
State & Local Govt./Native American 253
Federal Agencies 92
Educational Institutions 186
EPA 134
Media 10
Interest Groups 14
Congress 2
International 10
Other 142
Referrals* 384
Transfers to EPCRA/Superfund Hotline* 207
Document Retrieval Line* 144
Message Retrieval Line* 830
TOTAL
7,455
State & Local Govt./
Native American
4%
All Others
8%
Citizens
3%
Federal Agencies
2%
Regulated
Community
83%
' No caller profile data available.
20
-------
September 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
Attorneys
32 Citizens
16 Public Interest Groups
15 Educational Institutions
16 EPA
14 Federal Agencies
36 GOCOs
24 Congress
76 State Officials/SERC
35 Local Officials/LEPCs
16 Fire Departments
8 Hospitals/Laboratories
18 Trade Associations
27 Union/Labor
36 Farmers
22 Distributors
16 Insurance Companies
29 Media/Press
13 Native Americans
173 International
Other
Referrals*
Transfers to RCRA/UST Hotline*
622 Document Retrieval Line*
Message Retrieval Line*
1,749
231
171
18
57
54
81
3
2
62
48
3
17
15
1
0
6
6
13
0
0
129
250
303
0
501
4^42
Attorneys
7%
All Others
16%
Consultants/
Engineers
53%
Manufacturers
19%
* No caller profile data available.
21
-------
Call Analyses
September 1995
HOTLINE TOPICS
RCRA
RCRA GENERAL 1,466
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
2,342!
222
51
43
4
991
28
20
2631
5521
255
77
17
6011
107
45
16
7
799i
202
210
124
97
46
54
23
23
27
12
65
99
47
9
182
6351
27
21
47
4851
31
37
28
36
61
27
128
Composting 91
Markets - General 51
Aluminum 9
Batteries 18
Compost 12
Glass 3
Paper 4
Plastics 8
Tires 10
Used Oil 48
Procurement General 931
Building Insulation 12
Cement/Cement Products with Fly Ash 8
Paper and Paper Products 31
Re-Refined Lubricating Oil 6
Retread Tires 7
Source Reduction/Pollution Prevention 73
Grant and Financing 23
OTHER WASTES
Ash 27
Bevill Amendment (Mining Waste) 52
Medical Waste 184
Oil and Gas 53
TOTAL
* Includes 2,628 RCRA document requests.
UST
General/Misc.
Applicability/Definitions
Regulated Substances
Standards for New Tank Systems
Tank Standards and Upgrading
Operating Requirements
Release Detection
Release Reporting & Investigation
Corrective Action for USTs
Out-of-Service/Closure
Financial Responsibility
State Programs
Liability/Enforcement
LUST Trust Fund
TOTAL
* Includes 901 UST document requests.
10,708*
3091
129
36
1951
24S1
49
77
42
239
177
2981
76
120
53
2,045*
22
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.
-------
September 1995
Call Analyses
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
General:
General Title in Questions 5211
Trade Secrets 4
Enforcement 24
Liability/Citizen Suits 10
Training 3
Chemical-Specific Information 42
Emergency Planning (§§301-303):
General 96
Notification Requirements 28
SERC/LEPC Issues 57
EHSs/TPQs 39
Risk Communication/
Hazards Analysis 28
Exemptions 4
Emergency Release Notification (§304):
General 101
Notification Requirements 61
Reportable Quantities 96
CERCLA §103 vs. SARA §304 41
ARIP/AHEDB/ERNS 8
Exemptions 16
Hazardous Chemical Reporting
(§§311-312):
General 94
MSDS Reporting Requirements 46
Tier I/n Requirements 103
Thresholds 51
Hazard Categories 13
Mixtures Reporting 23
Exemptions 34
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
3411
3401
1121
2991
26
40
4791
13
105
67
72
166
1031
Special Topics:
CAA§112
General
RMPs
List of Regulated Substances
Federal Facilities Executive Order
421
311
41
28
TOTAL 3,848
"Includes 740 Emergency Planning and Community
Right-to-Know document requests
SUPERFUND
General/Misc. 171
Access & Information Gathering 42
Administrative Improvements
General 110
Environmental Just ice/Brown fields 3321
S ACM/Presumptive Remedies 138
Soil Screening Levels 45
Administrative Record 19
ARARs 149
CERCLIS 95
Citizen Suits 2
Claims Against Fund 9
Clean-Up Costs 30
Clean-Up Standards 54
Community Involvement 35
Contract Lab Program (CLP) 25
Contractor Indemnification 3
Contracts 10
Definitions 41
Enforcement 33
Federal Facilities 72
Hazardous Substances 132
HRS 18
Liability 106
Local Gov't Reimbursement 3
Natural Resource Damages 8
NCP 28
Notification 71
NPL 1381
Off Site Rule 14
OSHA 5
PA/SI 22
PRPs 76
RD/RA 32
Reauthorization 23
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.
23
-------
Call Analyses September 1995
Remedial 80
Removal 32
RI/FS 55
Risk Assess./Health Effects 69
ROD 43
RQ 3181
Settlements 30
SITE Program 36
S tate Participation 14
State Program 19
TAGs 3
Taxes 7
Special Topics
Oil Pollution Act 4
SPCC Regulations 24
Radiation Site Cleanup 65
TOTAL 2,890"
"Includes 765 Superfund document requests.
TOTAL HOTLINE QUESTIONS,
DOCUMENT REQUESTS AND
REFERRALS: 19,491
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.
24
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