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
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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.
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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.
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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.
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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
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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.
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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
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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,
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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.
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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, 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.
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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