EPA530-R-96-002C SUB-9224-96-003 HOTLINE REPORT March 1996 RCRA, Superfund, and EPCRA Hotline Questions and Answers Resource Conservation and Recovery Act (RCRA) , Underground Storage Tanks (UST) Emergency Planning and Community Right-to-Know (EPCRA), 1 3 5'' New Publications Resource Conservation and Recovery Act (RCRA) 7 Underground Storage Tanks (UST) 9 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 9 Emergency Planning and Community Right-to-Know (EPCRA) 9 Federal Registers Final Rules 11 Proposed Rules 12 Notices 13 Call Analyses Caller Profiles 17 Hotline Topics 19 RCRA, Superfund, and EPCRA National Toll-Free No.: 800-424-9346 Local: 703-412-9810 TDD National Toil-Free No.: 800-553-7672 This report is prepared and submitted in support of Contract No. 68-W6-0016. EPA Project Officer: Carie Van Hook Jasperse U.S. Environmental Protection Agency Washington, DC 20460 Printed on Recycled Paper ------- MONTHLY HOTLINE REPORT AVAILABILITY ELECTRONIC AVAILABILITY The Monthly Hotline Report Questions and Answers are also available for downloading at no charge from the CLU-IN 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 mailing list send an e-mail to: Listserver@unixmail.rtpnc.epa.gov Subject: SUBSCRIBE TO LISTSERVERS Message: SUBSCRIBE HOTLINE_OSWER your first name your last name For example, SUBSCRIBE HOTLINEJDSWER JOHN SMITH • To receive the Help file with useful commands for users send an e-mail to: Listserver@unixmail.rtpnc.epa.gov Subject: HELP Message: HELP 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 SUB-9224 January 1996 February 1996 March 1996 SUB-9224-96-001 EPA530-R-96-002a SUB-9224-96-002 EPA530-R-96-002b SUB-9224-96-003 EPA530-R-96-002c EPA and state personnel can order the Monthly Hotline Report from the RCRA Docket at (703) 603-9230. The order number for the 1996 yearly subscription is EPA530-R-96-001. ------- HOTLINE QUESTIONS AND ANSWERS RCRA 1. Frequently Asked Questions on Compliance with Part 268 Land Disposal Restrictions Treatment Standards If a waste is subject to the land disposal restrictions, where can its treatment standard be found? The table of "Treatment Standards for Hazardous Wastes" (40 CFR §268.40) lists by waste code each waste that is subject to the land disposal restrictions (LDR); each waste code entry identifies either the hazardous constituents subject to treatment and their applicable treatment levels, or the specific treatment technology that must be applied to the waste. If the §268.40 "Treatment Standards for Hazardous Wastes" identifies the treatment standard applicable to each particular waste, what are the "Universal Treatment Standards" in §268.48? The "Universal Treatment Standards" (UTS) table is an alphabetical list of all the hazardous constituents referenced in the "Treatment Standards for Hazardous Wastes." While the UTS lists the numeric treatment level for every hazardous constituent, only the §268.40 table of "Treatment Standards for Hazardous Wastes" identifies the standard to which a waste must be treated prior to land disposal. Why would a handler of a restricted or prohibited waste consult the §268.48 UTS? The table "Treatment Standards for Hazardous Wastes" notes that certain characteristic wastes, in addition to complying with the treatment standard for the specific constituent or characteristic, must also "meet §268.48 standards." Characteristic wastes subject to this additional treatment requirement must meet both the concentration limit (or technology) for that particular waste code and the UTS levels for each underlying hazardous constituent (defined in §268.2) likely to be present at the point of generation. Under what circumstances are listed wastes subject to the §268.48 UTS? While characteristic wastes often vary significantly in composition, each listed waste is, by definition, fairly uniform in the hazardous constituents it contains. As a result, the treatment standard listed in the §268.40 "Treatment Standards for Hazardous Wastes" is able to address all of the hazardous constituents that are commonly of concern for each particular listed waste. Therefore, listed wastes treated to their waste code-specific treatment standards identified in §268.40 will not require additional treatment for underlying hazardous constituents. Only listed wastes that also exhibit a characteristic not addressed in the treatment standard for the listed waste (§268.9(b)) could be required to meet UTS for underlying hazardous constituents. ------- Questions and Answers March 1996 Until Phase IV ofLDR is finalized, characteristic metal wastes are subject to less stringent treatment standards for metal constituents than are wastes whose treatment standards require compliance with the UTS of §268.48. Where a characteristic metal waste also exhibits another characteristic that renders it subject to compliance with UTS levels, would the waste need to meet the more stringent standard for the metal constituent? Section 268.9(b) requires wastes to "meet the treatment standards for all applicable listed and characteristic waste codes." In the rare case where a waste is subject to multiple treatment standards for a particular constituent, the more stringent treatment standard will continue to apply. 2. Removal of Hazardous Waste Management Unit for Subpart CC Compliance The effective date of the 40 CFR Parts 2641 265, Subpart CC air emission standards is June 6,1996. Owners and/or operators who are unable to install the appropriate air emission controls on affected tanks, surface impoundments, and containers by the effective date of the rule are given the opportunity to establish an implementation schedule for the installation of required equipment. In all cases, owners and/or operators must have all controls installed by December 8,1997 (§265.1082). Is the removal of an affected unit from service an acceptable means of compliance with the Subpart CC standards? If so, can the owner and/or operator continue to manage hazardous waste in the unit without the appropriate air emission controls if he or she is unable to remove the unit from service prior to the June 6,1996, provided that documentation of the intentions to remove the unit from service by December 8,1997, is placed in an implementation schedule? Removal of a tank, surface impoundment, or container from service is an acceptable means of compliance with the Subpart CC standards. If, however, removal of the unit does not occur before the June 6, 1996, effective date, all required air emission controls must be installed on the unit if it continues to manage hazardous waste. When it is not possible to install the appropriate controls by the effective date of the rule, owners and/or operators must prepare an implementation schedule in accordance with the guidelines established in §265.1082. Preparation of an implementation schedule is not an automatic extension to the effective date of the Subpart CC standards until December 8, 1997. In all cases, owners and/or operators must document in the schedule the reasons why required controls cannot be in place by the effective date and must make all efforts to install the equipment as soon as possible, but no later than December 8,1997. Thus, in order to continue managing hazardous waste after the effective date of the air emission requirements in a unit scheduled for removal without the required controls, an owner and/or operator must be able to demonstrate why the unit cannot be removed before June 6, 1996, and why the necessary controls cannot be installed. An implementation schedule describing the removal of an affected unit must be prepared and placed in the facility's operating record. The owner and/or operator can continue to operate the unit without air emission controls while he or she is implementing the schedule. 3. Generators and Designated Transporters In the normal course of transportation, a designated transporter is unable to deliver a manifested shipment of hazardous waste to the designated facility. To complete delivery of the waste shipment, the transporter would like to ------- March 1996 Questions and Answers hire a second carrier. Must the transporter seek the approval of the generator who initiated the shipment in order to make these changes to the chain of transportation? Yes. Choosing the sequence of transporters that will deliver a waste to the designated facility is the sole responsibility of the hazardous waste generator, and changes to the chain of transportation require the approval of the generator. A properly completed manifest identifies the full sequence of transporters that will conduct hazardous waste to a designated facility. The directions for the Uniform Hazardous Waste Manifest, found in the Appendix to 40 CFR Part 262, specifically instruct generators to provide the name and EPA identification number of the first transporter (Items 5 and 6), and if necessary, of the second transporter (Items 7 and 8). The instructions further direct generators to use a continuation sheet to identify additional transporters as necessary (Item 8, Note). The regulations for hazardous waste transporters do not authorize haulers to make unapproved changes to the chain of transportation delineated on the manifest. In accordance with the manifest, transporters must deliver waste solely to the designated or alternate facility, the next designated transporter, or the designated export destination (§263.21 (a)). Transporters who cannot deliver waste according to the generator's designation must contact the generator for instructions and must revise the manifest to reflect the approved changes to the prescribed chain of transport (§263.2 l(b)). Generators alone are responsible for identification of the complete chain of transportation and must, therefore, be apprised of and approve of all deviations from that plan. UST 4. UST Financial Responsibility and Insolvent State Trust Funds Owners and operators of underground storage tanks (USTs) regulated under 40 CFR Part 280 must maintain financial responsibility for releases from their tanks (§280.93). UST owners and operators may demonstrate financial responsibility by obtaining coverage from a state fund that has been EPA-approved or submitted for EPA approval under §280.101. EPA Regional Offices have the authority to revoke the approval of a state's fund if the Region determines that the fund is no longer solvent. In such a circumstance, the state must then send a notice to those UST owners and operators, informing them that the state fund is no longer an acceptable mechanism for complying with the financial responsibility requirements. If, after receiving such notice, owners and operators commence UST temporary or final closure activities, will they still be subject to the federal UST financial responsibility requirements? All owners and operators of regulated USTs, including those in states with insolvent funds, are subject to the Part 280 financial responsibility requirements, regardless of whether or not they commence UST temporary or final closure activities. UST owners and operators must maintain financial responsibility for all regulated tanks until the tanks have been properly closed or, if corrective action is required, until after corrective action has been completed and the tank has been closed in accordance with the requirements of Part 280, Subpart G. The act of commencing temporary or final closure procedures does not release UST owners or operators from their responsibility to maintain financial assurance through an approved mechanism. ------- Questions and Answers March 1996 Owners and operators of regulated USTs must obtain alternate financial assurance within 30 days from the date that they received notification from the state that their coverage under the state fund will no longer be acceptable as a financial responsibility mechanism (§280.110). Affected UST owners and operators may obtain alternate financial responsibility by using any one of the mechanisms listed in §§280.95 through 280.107. 5. Differences in Underground Storage Tank Leak Detection Requirements Although petroleum underground storage tanks (USTs) and hazardous substance USTs are subject to many similar technical standards under 40 CFR Part 280, the requirements differ significantly with regard to leak detection. What are these distinctions? The leak detection requirements for hazardous substance tanks are more stringent* than those for petroleum tanks. Owners and operators of petroleum tanks can choose from the variety of leak detection systems found in §280.43. New hazardous substance tanks (those installed after December 22, 1988), on the other hand, must be equipped with secondary containment systems and interstitial monitoring devices (§280.42(b)). Existing hazardous substance tanks (those installed before December 22, 1988) may meet the requirements for petroleum tanks. However, by December 22,1998, these existing tanks must be upgraded to meet the same leak detection standards as new hazardous substance tanks (§280.42(a)). This stricter regulation of hazardous substance tanks is based on the premise that hazardous substances that have leaked into the soil are more difficult to detect and to clean up than petroleum leaks (September 23, 1988; 53 FR 37082, 37155). In order to meet the stricter requirements, owners and operators of hazardous substance tanks must install secondary containment systems for their tanks. This system may consist of double walled tanks, external liners, or vaults, and must be equipped with interstitial monitoring to detect leaks (§280.42(b)). All underground piping for hazardous substance tanks also must be equipped with secondary containment devices (§280.42(b)(4)). A facility may use alternate release detection methods if it receives a site specific variance from the implementing agency (§280.42(b)(5)). On the other hand, owners and operators of petroleum tanks can choose a leak detection system from those found in §280.43. These options include inventory control and tank tightness testing, manual tank gauging and tank tightness testing, automatic tank gauging, vapor monitoring, groundwater monitoring, and statistical inventory reconciliation (§280.43(d)-(h)). Suctioned or pressurized piping in these systems must meet leak detection requirements similar to those for the tank (§280.4l(b)). In addition, states may have more stringent UST leak detection standards than the federal requirements. 6. Replacement Equipment for Existing Underground Storage Tanks The RCRA underground storage tank (UST) regulations in 40 CFR Part 280 provide tank design and operating standards to prevent leaks of petroleum into the environment. To that end, the regulations provide corrosion, spill, and overfill protection standards with which USTs must comply. New tanks, those installed after December 22,1988 (as defined in §280.12), must meet these standards at installation. Existing tanks, or those installed prior to December 22,1988, either must upgrade their tanks to meet these requirements ------- March 1996 Questions and Answers or close by December 22,1998 (§§280.20 and .21). If a pipe on an existing UST is being replaced, will such replacement subject the existing tank system to the corrosion protection and spill and overfill protection requirements at that time because the new components were installed after December 22,1988, and are therefore viewed as a new tank system? The replacement of a part does not require the entire existing tank system to meet the upgrade requirements (i.e. corrosion protection and spill and overfill protection). Existing UST systems do not have to meet these requirements until December 22, 1998 (§280.21). New components of existing tank systems, however, are required to meet the standards for new UST systems, because the new components were installed after December 22, 1988, and are therefore viewed as a new tank system. The replacement pipe, therefore, would need to be protected from corrosion if it routinely contained product and was in contact with the soil. In order to meet the corrosion protection requirements, the replacement pipe must be constructed of either fiberglass-reinforced plastic, cathodically-protected steel with corrosion-resistant coating, metal without corrosion protection if a corrosion expert has determined that the site will not cause the pipe to leak due to corrosion during the active life of the unit, or an alternative design approved by the implementing agency (§280.20(b)). In addition, the owner and/or operator of the UST must maintain records demonstrating such compliance (§280.34(b)). For more information on corrosion protection, owners and operators may contact the National Association of Corrosion Engineers (NACE), the American Petroleum Institute (API), or similar trade associations. Further, UST owners and operators should consult their implementing agencies, as some states may have more stringent requirements. EPCRA 7. Deletion of EPCRA §313 Toxic Chemicals from the TRI Database EPCRA §313(d) provides for the addition and deletion of chemicals from the list of toxic chemicals found at 40 CFR §372.65. When a toxic chemical is deleted, the final action is effective upon publication in the Federal Register, thereby relieving covered facilities of EPCRA §313 reporting requirements for the . newly deleted chemical from the date of publication forward. If a facility submits a Form Rfor a newly deleted chemical, must the facility submit a formal written withdrawal request to the Agency? Facilities need not submit a formal written withdrawal because the Agency does not enter a Form R received for a newly delisted toxic chemical into the TRI database. Facilities that submit Form Rs for that chemical will receive a Notice of Data Change informing the facility that the data on the Form R was not entered into the database due to the chemical's deletion from the toxic chemical list. The Agency does not, however, remove from the database information from Form Rs submitted for years during which the toxic chemical was listed as an EPCRA §313 toxic chemical. In the case where only certain forms of a toxic chemical are delisted, the Agency will not automatically exclude the Form Rs because the Agency cannot determine for which form of the chemical the threshold determinations and reported data were based. For example, non-aerosol forms of sulfuric acid were delisted on June 30, 1995 (60 FR 34182), making aerosol forms the only EPCRA §313 reportable forms of sulfuric acid. In this case, ------- Questions and Answers March 1996 without written clarification from the facility and review of the data submitted, the Agency cannot assume Form Rs submitted for sulfuric acid for reporting year 1994 represent reporting for only non-aerosol forms of sulfuric acid. Therefore, the Agency will enter the data as received, unless the facility submits a written revision or withdrawal request, as appropriate. ------- 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, Superfund, and EPCRA National Toll-Free No.: (800) 424-9346 Local: (703) 412-9810 TDD National Toll-Free No: (800) 553-7672 EPA Documents Available on the Internet You may access certain documents electronically by using one of these servers: • ftp: ftp.epa.gov Documents on the ftp server are located under: ftp.epa.gov/pub/gopher/ Gopher: gopher.epa.gov Documents on the Gopher server may be located by using the on-line search functions. World Wide Web (WWW): http://www.epa.gov Documents on the WWW server may be located by using the on-line search functions. RCRA TITLE: Universal Waste Rule (Flyer) AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-95-025 This flyer provides an overview of EPA's Universal Waste Rule (60 FR 25492; May 11, 1995), which is designed to reduce the amount of hazardous waste in the municipal solid waste (MS W) stream, encourage recycling and proper disposal of certain common hazardous wastes, and reduce the regulatory burden on businesses that generate these wastes. The document includes an overview of what universal wastes are, who is affected by the rule, and the states' role in implementation. TITLE: Planning for Disaster Debris Cleanup AVAILABILITY: Hotline EPA ORDER NO.: EPA530-K-95-010 This document highlights the need for communities to plan for the cleanup of debris after a major natural disaster. It includes information about the major categories of debris such as materials from damaged buildings, sediments, green waste, personal property, and ash and charred wood. The guide also outlines federal, state, and local resources available to assist in cleanup efforts. Case studies of various communities which have been affected by natural disasters are presented to illustrate various methods of debris management. The document includes a list of references for additional information. ------- New Publications March 1996 TITLE: Reusable News Bulletin AVAILABILITY: Hotline EPA ORDER NO.: EPA530-N-96-003 Reusable News is a quarterly newsletter that reports on municipal solid waste management topics. This edition includes an update on EPA's Jobs Through Recycling program, and an introduction to the "Buy Recycled Institute." The Institute, which was launched by EPA and the US Conference of Mayors, provides one-day workshops around the country to teach participants how to identify recycling markets. The newsletter also contains an overview of the services provided by the Environmental Recycling Hotline, and a summary of the goals of the National Backyard Composting Council. Brief summaries of four new solid waste management documents are also included in the newsletter. This document is available on the Internet. TITLE: Characterization of Municipal Solid Waste in the United States: 1995 Update; Executive Summary AVAILABILITY: Hotline EPA ORDER NO.: EPA530-S-96-001 This document summarizes the report entitled Characterization of Municipal Solid Waste in the United States: 1995 Update. The report analyzes municipal solid waste generation and management trends in the United States from 1960 to 1994 and the benefits of source reduction and recycling. This document is available on the Internet. TITLE: Strategy Update: A Newsletter on EPA's Hazardous Waste Minimization and Combustion Activities AVAILABILITY: Hotline EPA ORDER NO.: EPA530-N-96-004 This newsletter provides information on EPA's efforts in implementing the Hazardous Waste Minimization and Combustion National Plan by outlining activities which are being undertaken to support the plan. This edition of the newsletter summarizes the background and purpose of EPA's proposal to revise the technical standards for hazardous waste combustion facilities. It also includes information about how the RCRA Expanded Public Participation Rule (60 FR 63417; December 11, 1995) amends RCRA's permitting procedures. This document is available on the Internet. TITLE: Environmental Fact Sheet: Revised Technical Standards Proposed for Hazardous Waste Combustion Facilities AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-96-003 This fact sheet presents an overview of the proposal to revise the emission standards for hazardous waste-burning incinerators, cement kilns, and lightweight aggregate kilns. This rule is being proposed under the joint authority of the Clean Air Act (CAA) and the Resource Conservation and Recovery Act (RCRA). The proposal fulfills EPA's commitment, as stated in the 1993 Hazardous Waste Minimization and Combustion Strategy, to upgrade the emission standards for hazardous waste- burning facilities. ------- March 1996 New Publications TITLE: Environmental Fact Sheet: EPA Publishes Land Disposal Restrictions Treatment Standards AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-96-008 This fact sheet outlines the compliance options provided by EPA in order to bridge the requirements of the Clean Water Act (CWA) and the Resource Conservation Recovery Act (RCRA) for treating hazardous waste. This rule simplifies permit requirements and eases compliance by eliminating potential confusion about applicable regulatory requirements of the Land Disposal Restrictions (LDR) program. The rule establishes concentration-based treatment standards for underlying hazardous constituents found in certain wastes managed in CWA and CWA-equivalent wastewater treatment systems or injected into UIC Class I injection wells regulated under the Safe Drinking Water Act (SDWA). UST TITLE: Introducing TANK RACER: Software that Estimates Corrective Action Costs at Underground Storage Tank Sites AVAILABILITY: Hotline EPA ORDER NO.: EPA510-F-96-001 This brochure describes the software, TANK RACER, that provides comprehensive cost estimates for cleanups at leaking underground storage tank sites. The brochure provides order information for persons interested in the software and the accompanying training workshop. CERCLA TITLE: Close Out Procedures for National Priorities List Sites AVAILABILITY: NTIS NTIS ORDER NO.: PB95-963 241 This guidance document is designed primarily for use by the EPA's Remedial Project Managers (RPMs). It provides procedural information on accomplishing operable unit completion, construction completion, site completion, and site deletion. This guidance applies only to those sites that are or were final on the NPL. It supersedes the OSWER Directive 9200.2-3A, Procedures for Completion and Deletion of National Priorities List Sites. April 1989, and its amendments, including OSWER Directives 9320.2-3B, December 29, 1989, and 9320.2-3C, February 19, 1992. EPCRA TITLE: NRT-RRT Information Exchange: Lessons Learned from Incidents and Exercises AVAILABILITY: Hotline EPA ORDER NO.: N/A This document, produced by the National Response Team Preparedness Committee, is a compilation of surveys conducted among various agencies. It serves as a tool for sharing lessons learned from recent exercises and actual incidents. The information in this document can be used to help planners and responders further develop their emergency response plans and improve preparedness and response skills. ------- New Publications March 1996 TITLE: Chemicals in the Environment: Public Access Information AVAILABILITY: Hotline EPA ORDER NO: EPA749-R-96-001a This document is published to increase public awareness of, and access to information on toxic chemicals and pollution prevention available through the Office of Pollution Prevention and Toxics (OPPT). This issue focuses on risk from three different aspects: risk assessment, risk management, and risk communication. In this document, EPA makes a distinction between risk assessment activities and risk management activities. This document is also available on the Internet. TITLE: TRI Reporting at Government-Owned Contractor-Operated Federal Facilities (GOCOs) 1990-1993 AVAILABILITY: Hotline EPA ORDER NO: EPA300-R-96-003 Each year under EPCRA, facilities are required to report the presence and release of toxic or hazardous chemicals at their location. EPA then makes this data available to the public in a printed report, a computerized database, and through a variety of guidance documents. This document presents the TRI reporting activity, applicable to federal and GOCO facilities, for calendar year 1993. It specifically discusses TRI reporting, releases, off-site transfers, and chemical management at GOCOs. 10 ------- You may order copies of all major RCRA, Superf und, and EPCRA Federal Registers by calling the Hotline. RCRA, Superfund, and EPCRA National Toll-Free No.: (800) 424-9346 Local: (703)412-9810 TDD National Toll-Free No.: (800) 553-7672 Electronic Availability Federal Registers from October 1994 to the present related to the Hotline's program areas are accessible via modem or Internet on EPA's Public Access Servers. The servers are accessible at: World Wide Web: http://www.epa.gov Gopher: gopher.epa.gov FTP: ftp.epa.gov Modem: (919) 558-0335 The Federal Registers are organized by date. After accessing the Gopher or World Wide Web server, make the following selections to reach the Federal Register information: • To access RCRA/UST and CERCLA Federal Registers on the server, choose Rules, Regulations and Legislation -> FEDERAL REGISTER - Environmental Subset -> Waste Information • The access EPCRA Federal Registers on the server, choose Rules, Regulations and Legislation -> FEDERAL REGISTER - Environmental Subset -> Toxic Release Inventory FINAL RULES RCRA "Georgia; Final Authorization of State Hazardous Waste Management Program Revisions" March 7,1996 (61 FR 9108) Final State Authorization "Illinois; Final Authorization of State Hazardous Waste Management Program Revisions" March 15,1996 (61 F_B 10684) Final State Authorization "Technical Revision of the Federal Facility Compliance Act (FFCA) of 1992 Amendments for Hazardous Waste" March 18,1996 (61 FR 11089) The FFCA provides EPA explicit authority to commence administrative enforcement actions against any department, agency, or instrumentality of the federal government that is in violation of RCRA requirements. As required by the FFCA, EPA revised it's administrative rules to provide a federal department, agency, or instrumentality subject to an administrative enforcement order with the opportunity to confer with the Administrator before the administrative enforcement order becomes final. This rule is effective on March 18, 1996. 11 ------- Federal Registers March 1996 "Correction to RCRA Exclusion for Recovered Oil Inserted Into the Petroleum Refining Process" March 26,1996 (61 FR 13103) EPA corrected the text of a regulatory exclusion from the definition of solid waste for recovered oil which is inserted into the petroleum refining process (§261.4(a)(12)). The corrected language revises the location in the refining process at which recovered oil can be inserted to qualify for the exclusion. The Agency intended to exclude recovered oil that is inserted into a petroleum refining process at a point at which the process removes or will remove at least some contaminants. EPA issued this correction as a direct final rule and a proposed rule in different sections of the Federal Register. The direct final rule will become effective on May 28, 1996, unless adverse comments are received by April 9, 1996. If such notification is received, EPA will withdraw the direct final rule and address the comments in a subsequent final rule. "Louisiana: Final Authorization of State Hazardous Waste Management Program Revisions" March 28,1996 (61 FR 13777) Final State Authorization CERCLA "National Priorities List; Arkansas City Dump Superfund Site" March 1,1996 (61 FR 7996) EPA announced the deletion of the Arkansas City Dump Site, located in Arkansas City, Kansas, from the National Priorities List. The Agency published a notice of its intent to delete the site on September 20,1995. EPA and the State of Kansas 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. PROPOSED RULES RCRA "Correction to RCRA Exclusion for Recovered Oil Inserted Into the Petroleum Refining Process" March 26,1996 (61 FR 13129) EPA corrected the text of a regulatory exclusion from the definition of solid waste for recovered oil which is inserted into the petroleum refining process (§261.4(a)(12)). The corrected language revises the location in the refining process at which recovered oil can be inserted. The Agency intended to exclude recovered oil that is inserted into a petroleum refining process at a point at which the process removes or will remove at least some contaminants. EPA issued this correction as a direct final rule and a proposed rule in different sections of the Federal Register. The direct final rule will become effective on May 28, 1996, unless adverse comments are received by April 9, 1996. If such notification is received, EPA will withdraw the direct final rule and address the comments in a subsequent final rule. CERCLA "National Priorities List; Kummer Sanitary Landfill Superfund Site" March 1,1996 (61 FR8012) Notice of Intent to Delete 12 ------- March 1996 Federal Registers "National Priorities List; Newport Dump Superfund Site" March 8,1996(61 FJB9401) Notice of Intent to Delete "National Priorities List; A.L. Taylor Superfund Site" March 8,1996 (61 FR 9403) Notice of Intent to Delete "National Priorities List; East Bethel Landfill Superfund Site" March 13,1996 (61 FR 10298) Notice of Intent to Delete "National Priorities List; New Castle Spill Superfund Site" March 21,1996 (61 FR 11597) Notice of Intent to Delete "National Priorities List; Waste Disposal Engineering Inc. Superfund Site" March 26,1996 (61 FR 13131) Notice of Intent to Delete "National Priorities List; Howe Valley Landfill Superfund Site" March 28,1996 (61 FR 13794) Notice of Intent to Delete NOTICES RCRA "Formation and Open Meeting of the Industrial Non-Hazardous Waste Stakeholders Focus Group" March 1,1996 (61 FR 8058) EPA announced the establishment of the Industrial Non-Hazardous Waste Stakeholders Focus Group and provided notice of the first meeting. The purpose of this committee is to advise EPA and ASTSWMO (the Association of State and Territorial Solid Waste Management Officials) in developing voluntary guidance for the management of industrial non-hazardous waste in land-based disposal units. The guidance will address such topics as appropriate groundwater monitoring and corrective action requirements, liner designs, daily operating requirements, and closure and post-closure practices. The committee's first meeting will be held on April 11-12, 1996, beginning at 9:00 a.m. on each day. "Bilateral Agreements With Parties to the Basel Convention on the Transboundary Movement of Hazardous Wastes and Their Disposal" March 4,1996 (61 FR 8323) The Basel Convention prohibits a party to the Convention from trading in Basel-covered wastes (i.e., hazardous and other wastes) with a non-party, absent a bilateral agreement or arrangement consistent with Article 11 of the Convention. Since the United States is not a party to the Convention, the U.S. Department of State is seeking public comment to evaluate the need for waste agreements or arrangements to allow the import of hazardous wastes from Convention parties to the United States. 13 ------- Federal Registers March 1996 NOTICES "West Virginia; Partial Program Adequacy Determination of State Municipal Solid Waste Landfill Permit Program" March 8,1996 (61 FR 9451) The West Virginia Division of Environmental Protection (WVDEP) applied for a partial determination of adequacy under §4005 of RCRA. EPA reviewed WVDEP's application and made a tentative determination of adequacy for those portions of the WVDEP's MSWLF permit program that are adequate to assure compliance with the revised MSWLF Criteria. All comments on WVDEP's application for a partial determination of adequacy must be received by EPA Region III by April 30, 1996. "Continuous Emissions Monitoring Systems (OEMS) Demonstration Announcement" March 8,1996(61 FR 9532) EPA corrected an error in the February 27, 1996 (61 FR7232), CEMS Demonstration Announcement. In the second column, under DATES, the second line should read "April 9, 1996." "Agency Information Collection Activities; Proposed Collection; Comment Request; the 1997 Hazardous Waste Report (Biennial Report)" March 15,1996 (61 Ffi 10749) This notice announces that EPA is planning to submit a continuing Information Collection Request to the Office of Management and Budget to allow the Agency to collect data for the 1997 Hazardous Waste Report (Biennial Report). Comments must be submitted on or before May 14, 1996. "Hazardous Waste Land Disposal Restrictions; Underground Injection Control Well Petition for Exemption" March 22,1996 (61 FR 11838] EPA granted American Ecology Environmental Services Corporation's (AEESC) petition to exempt from LDR the Class I injection wells located at their Winona, Texas, facility. The company has adequately demonstrated that, to a reasonable degree of certainty, there will be no migration of hazardous constituents from the injection zone for as long as the waste remains hazardous. This decision constitutes final Agency action and there is no Administrative appeal. "Extension of Comment Period; LDR Supplemental Proposal to Phase IV Rule: Clarification of Bevill Exclusion for Mining Wastes, Changes to the Definition of Solid Waste for Mineral Processing Wastes, and Associated Issues" March 25,1996 (61 FR 12054) EPA extended the public comment period on the mineral processing sections of the supplemental Phase IV proposal (61 FR 2338, January 25, 1996) for 30 days beyond the original 60-day comment period. Public comments must be submitted to EPA by April 24, 1996. 14 ------- March 1996 Federal Registers NOTICES CAA "Risk Management Programs Under CAA §112(r)(7); Draft Guidances; Extension of Comment Deadline" March 1,1996 (61 FR 8058) EPA extended the deadline for submission of comments on the draft guidance documents related to the accidental release prevention provisions under §112(r) of the Clean Air Act to March 29,1996. The documents include: Offsite Consequence Analysis. Generic Guidance Risk Management Program (RMP) for Ammonia Refrigeration Facilities. Risk Management Plan Data Elements, and Data Elements Instructions. "Proposed Settlements; List of Regulated Substances and Thresholds for Accidental Release Prevention" March 28,1996 (61 FR 13858) EPA announced proposed settlements in two cases involving challenges to the final rule entitled "List of Regulated Substances and Thresholds for Accidental Release Prevention; Requirements for Petitions Under Section 112(r) of the Clean Air Act as Amended" (59 FR 4478; January 31, 1994). Under the terms of the proposed settlements, EPA would conduct a rulemaking concerning delisting of certain chemicals and modification of certain other provisions of the rule. EPA will accept written comments regarding these proposed settlements for a period of 30 days from the date of publication of this notice. Settlements and Consent Decrees "Proposed Consent Decree; Myers Property Super-fund Site" March 5, 1996(61 FR8642) "Consent Decree; Delaware Sand & Gravel Superfund Site" March 5, 1996 (61 FR 8643) "Proposed Consent Decree; Reliance Battery Mfg. Co. Superfund Site" March 5, 1996 (61 FR 8643) "Proposed Administrative Agreement; SMS Instruments, Inc. Superfund Site" March?, 1996(61 FR9164) "Proposed Administrative De Minimis Settlements; Palmerton Zinc Superfund Site" March 8,1996 (61 FR 9457) "Proposed Consent Decree; San Fernando Valley Area 1 Superfund Site" March 12, 1996 (61 FR 10010) "Proposed Modification to Consent Decree; Tacoma Landfill Superfund Site" March 12, 1996(61 FR 10010) "Proposed Consent Decree; Cortese Landfill Superfund Site" March 14, 1996 (61 FE 10596) "Proposed Modification to Consent Decree; Burrows Sanitation Superfund Site" March 14, 1996 (61 FR 10596) 15 ------- Federal Registers March 1996 NOTICES "Proposed Consent Decree; Mobil Pasadena Superfund Site" March 14, 1996 (61 FR 10598) "Proposed Administrative De Minimis Settlements; Novak Sanitary Landfill Superfund Site" March 15, 1996 (61 FR 10760) "Proposed Consent Decree; Marzone/ Chevron Chemical Superfund Site" March 20, 1996(61 FR11431) "Proposed Consent Decree; Eddystone Avenue Superfund Site" March 20, 1996 (61 £B 11432) "Proposed Consent Decree; San Fernando Valley Basin Superfund Site" March 22, 1996 (61 FR 11866) "Proposed Prospective Purchaser Agreement; Foote Mineral Superfund Site" March 26, 1996(61 FR13191) 16 ------- CALL ANALYSES CALLER PROFILE RCRA/UST Hotline Regulated Community Citizens State & Local Govt./Native American Federal Agencies Educational Institutions EPA Media Interest Groups Congress International Other Referrals* Transfers to EPCRA/Superfund Hotline* Document Retrieval Line* Message Retrieval Line* TOTAL NUMBER OF CALLERS 4,539 184 240 116 137 96 3 8 3 7 76 302 223 139 1,093 7,166 ' No caller profile data available. 17 ------- Call Analyses March 1996 Emergency Planning and Community Right-to-Know Act/ Superfund Hotline Manufacturers Food/Tobacco 78 Textiles 15 Apparel 5 Lumber & Wood 17 Furniture 15 Paper 16 Printing & Publishing 19 Chemicals 155 Petroleum & Coal 33 Rubber and Plastics 16 Leather 6 Stone, Clay & Glass 20 Primary Metals 15 Fabricated Metals 42 Machinery (Excluding Electrical) 19 Electrical&Electronic Equipment 13 Transportation Equipment 16 Instruments 8 Misc. Manufacturing 240 Subtotal 748 Consultants/Engineers 2,561 Attorneys 290 Citizens 203 Public Interest Groups 40 Educational Institutions 75 EPA 52 Federal Agencies 67 GOCOs 12 Congress 7 State Officials/SERC 74 Local Officials/LEPCs 101 Fire Departments 27 Hospitals/Laboratories 81 Trade Associations 14 Union/Labor 1 Farmers 14 Distributors 64 Insurance Companies 11 Media/Press 7 Native Americans 3 International 3 Other 173 Referrals* 399 Transfers to RCRA/UST Hotline* 374 Document Retrieval Line* 0 Message Retrieval Line* 135 * No caller profile data available. TOTAL NUMBER OF CALLERS 5,536 18 ------- March 1996 Call Analyses HOTLINE TOPICS RCRA RCRA GENERAL SUBTITLE C Hazardous Waste Id. - General Characteristics Listings Mixture Rule Derived-From Contained-In Policy Sampling Solid and Hazardous Waste Exclusions Radioactive Mixed Waste Delisting Petions Definition of Solid Waste/Hazardous Waste Recycling Large Quantity Generators Small Quantity Generators CESQGs Transporters Exports/Imports TSDFs General Facility Standards Unit Standards Air Emissions Combustion - General BIFs Incinerators Draft Strategy Waste Minimization LDR Applicability Notifications/Certification Treatment Standards Permits and Permitting State Programs Financial Assurance Closure/Post-Closure Corrective Action Enforcement Hazardous Waste Data Test Methods Indian Lands Used Oil Standards Military Munitions OTHER WASTES Ash Bevill Amendment (Mining Waste) Medical Wastes Oil and Gas 1,222 6141 4241 127 87 173 60 213 24 19 3611 3941 204 112 93 50 225 135 5011 329 59 91 30 5 5311 113 2681 145 129 64 80 230 74 68 81 16 175 35 8 51 125 27 SUBTITLE D Household Hazardous Wastes 90 Subtitle D - General 119 Technical Standards 32 Industrial Wastes 11 Municipal Wastes 64 Indian Lands 12 Financial Assurance 15 Solid Waste Recycling/Markets - General 3061 Aluminum 31 Batteries 29 Glass 29 Paper 37 Plastics 36 Tires 39 Used Oil 46 Composting 21 Procurement 26 Source Reduction/Pollution Prevention 53 Grants and Financing 16 TOTAL QUESTIONS * Includes 2,398 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 QUESTIONS * Includes 1,292 UST document requests. 10,579* 2511 125 47 1111 1451 76 1571 52 106 64 1361 47 41 17 1,375* 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. 19 ------- Call Analyses March 1996 EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW General: General Title in Questions Trade Secrets Enforcement Liability/Citizen Suits Training Chemical-Specific Information Emergency Planning (§§301-303): General Notification Requirements SERC/LEPC Issues EHSs/TPQs Risk Communication/ Hazards Analysis Exemptions Emergency Release Notification (§304): General Notification Requirements Reportable Quantities CERCLA §103 vs. SARA §304 ARIP/AHEDB/ERNS Exemptions Hazardous Chemical Reporting (§§311-312): General MSDS Reporting Requirements Tier I/II Requirements Thresholds Hazard Categories Mixtures Reporting Exemptions 3951 15 34 15 18 55 112 32 67 118 25 8 47 57 47 51 12 12 3321 ISO1 4111 3841 56 121 186 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 3691 4751 2161 2961 26 9 13 11 101 95 27 831 90 Special Topics: CAA§112 General RMPs List of Regulated Substances Federal Facilities Executive Order 1351 2821 HO1 16 TOTAL QUESTIONS 5,144 * Includes 1,160 Emergency Planning and Community Right-to-Know document requests SUPERFUND General/Misc. 217 Access & Information Gathering 35 Administrative Improvements General 99 Environmental Justice/Brownfields 2701 S ACM/Presumptive Remedies 84 Soil Screening Levels - 107 Administrative Record 15 ARARs 82 CERCLIS 139 Citizen Suits 5 Claims Against Fund 12 Clean-Up Costs 40 Clean-Up Standards 87 Community Involvement 20 Contract Lab Program (CLP) 13 Contractor Indemnification 2 Contracts 3 Definitions 107 Enforcement 95 Federal Facilities 39 Hazardous Substances 3131 HRS 11 Liability 112 Local Gov't Reimbursement 6 Natural Resource Damages 5 NCP 69 Notification 130 NPL 2791 Off Site Rule 9 OSHA 9 PA/SI 33 PRPs 42 RD/RA 36 Reauthorization 56 20 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. ------- March 1996 Call Analyses Remedial 136 Removal 42 RI/FS 48 Risk Assess./Health Effects 78 ROD 77 RQ 2771 Settlements 43 SITE Program 22 State Participation 11 State Program 15 TAGs 1 Taxes 16 Special Topics Oil Pollution Act 9 SPCC Regulations 14 Radiation Site Cleanup 59l TOTAL QUESTIONS 3,429* "Includes 386 Superfund document requests. TOTAL HOTLINE QUESTIONS AND DOCUMENT REQUESTS: 20,527 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. 21 ------- |