EPA530-R-96-002d
SUB-9224-96-004
MONTHLY HOTLINE REPORT
April 1996
RCRA, Super-fund & EPCRA
Hotline Questions and Answers
Resource Conservation and Recovery Act^RCRA) 1
Underground Storage Tanks (UST) 1
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) 2
Emergency Planning and Community Right-to-Know (EPCRA) 3
New Publications
Resource Conservation and Recovery Act (RCRA) 5
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) 6
Emergency Planning and Community Right-to-Know (EPCRA) 7
Federal Registers
Final Rules 9
Proposed Rules 12
Notices 13
Call Analyses
Caller Profiles :...: 17
Hotline Topics 19
RCRA, Superfund & 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.
Carie VanHook Jasperse, Project Officer
Sheretta Dixon, Alternate Project Officer
U.S. Environmental Protection Agency
Washington, DC 20460
Printed on
Recycled Paper
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MONTHLY HOTLINE REPORT
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order numbers are as follows:
Yearly Subscription SUB-9224
January 1996
February 1996
March 1996
April 1996
RCRA Docket
SUB-9224-96-001
EPA530-R-96-002a
SUB-9224-96-002
EPA530-R-96-002b
SUB-9224-96-003
EPA530-R-96-002c
SUB-9224-96-004
EPA530-R-96-002d
EPA and state personnel
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HOTLINE QUESTIONS AND ANSWERS
RCRA
1. Frequently Asked Questions on
Hazardous Waste Generator
Requirements
May large quantity generators (LQGs)
and small quantity generators (SQGs) treat
hazardous waste on site without obtaining a
permit or interim status?
EPA has consistently maintained that a
permit or interim status is not required if a
LQG or SQG treats hazardous waste in
accumulation units such as tanks or containers
that are in full compliance with the
requirements of 40 CFR §262.34 and the
special unit-specific requirements found in
Part 265 (March 24, 1986; 51 FR 10146,
10168). This treatment must be completed
within the specified regulatory time
limitations.
Must SQGs submit a Biennial Report for
their hazardous waste management activities?
No, SQGs (generators of greater than 100
kg but less than 1,000 kg in a calendar month)
are subject only to the reporting requirements
listed in 40 CFR §262.44. The Biennial
Report regulation at 40 CFR §262.41 is not
specifically listed in that section.
The 40 CFR Part 262 regulations,
Standards Applicable to Generators, do not
mention conditionally exempt small quantity
generators (CESQGs). Where are the CESQG
regulations found?
Unlike the LQG and SQG regulations that
are found'throughout Part 262, the CESQG
requirements are found in §261.5. CESQGs
are those generators who produce less than or
equal to 100 kg of hazardous waste, less than
or equal to 1 kg of acute hazardous waste, or
less than or equal to 100 kg of spill residue of
acute hazardous waste per calendar month.
Must generators preparing an off-site
shipment of hazardous waste list the EPA
waste codes on the manifest?
EPA manifest regulations at 40 CFR
§262.20 and Appendix to Part 262 do not
require generators to list EPA waste codes on
the manifest. The shaded space provided on
the manifest for EPA waste codes is for the
convenience of state agencies, as some states
may require EPA waste codes to be listed on a
manifest (40 CFR §271.10(h)). The
Department of Transportation (DOT)
regulations may, however, require listing EPA
waste codes as part of the DOT description
(40 CFR §179.203 (k)(4}).-
2. UST Financial Responsibility:. Use
of the Guarantee When the
Guarantor is Not U.S.-based
b
Owners and operators j0f petroleum
underground storage tanks (USTs) are
required to demonstrate financial
responsibility using one of the mechanisms in
40 CFR Part 280, Subpart H. The use of a
corporate guarantee, which allows an owner
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Questions and Answers
April 1996
or operator to secure a guarantee from
another firm, is an allowable mechanism
(§280.96). To act as a guarantor, the firm
must either posses a controlling interest in the
owner or operator, be controlled through stock
ownership by a common parent firm
possessing a controlling interest in the owner
or operator, or have a substantial business
relationship with the owner or operator
(§280.96(a)). If a foreign company meets one
of these criteria, can the company qualify as a
guarantor for a company based in the U.S. ?
Any company can qualify as a guarantor if
the company passes either of the two options
for the financial test requirements of the
guarantee. The guarantor may fulfill either the
UST financial test of self-insurance
requirements (§280.95(b)), or a modified
version of the requirements of the treatment,
storage, and disposal facility (TSDF) financial
test for liability coverage as described in
§280.95(c).
The first option for passing the financial
test, under §280.95(b), requires the guarantor
to demonstrate a tangible net worth of at least
$10 million and have a tangible net worth of at
least 10 times the amount of aggregate and .
liability coverage required. The guarantor
must also file financial statements annually
with the U.S. Securities and Exchange
Commission, the Energy Information
Administration, or the Rural Electrification
Administration; or report annually the firm's
tangible net worth to Dun and Bradstreet and
have been assigned a financial strength rating
of 4A or 5 A. If the company's year-end
financial statements are independently audited,
they cannot include an adverse auditor's
opinion, a disclaimer of opinion, or a "going
concern" qualification. The company's chief
financial officer must also provide a signed
letter verifying the information required above
(§280.95(d)).
Companies have a second option of passing
the financial test under §280.95(c). This
financial test criteria requires the guarantor to
have a tangible net worth of at least $ 10
million, tangible net worth of at least six times
the amount of liability coverage required, and
assets in the U.S. amounting to at least 90
percent of their total assets or at least six times
the required liability amount. The guarantor
must also have either a net working capital of
at least six times the amount of liability
coverage required or have a bond rating AAA,
AA, A, or BBB from Standard and Poor's, or a
bond rating of Aaa, Aa, A, or Baa as issued by
Moody's. The company's year-end financial
statements must be examined by an
independent certified public accountant. The
company's chief financial officer must also
provide a signed letter verifying the
information required above and the company
must meet a few other requirements of §280.95
to ensure the information is accurate and
complete.
As long as the foreign company passes one
of the financial tests described above, the .
company may qualify as a guarantor.
CERCLA
3. Brownfields Pilots: Funding Goals
and Limitations
As pan of the Brownfields Economic
Redevelopment Initiative, EPA is awarding 50
grants of up to $200,000 each to selected
states, towns, counties, U.S. Territories, and
Indian Tribes for the two-yefir funding of
brownfields demonstration*pilots. EPA is
funding the brownfields pilots with money from
the Hazardous Substances Superfund under the
authority of CERCLA §104(d)(l). Under this
section, EPA may enter into cooperative
agreements with eligible states, political
subdivisions, territories, or Indian Tribes.
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April 1996
Questions and Answers
Through these agreements, EPA may authorize
these political entities to undertake response
and investigation activities at Superfund sites.
Once the cooperative agreements have been
established, what types of activities will the
brownfields grants support? Has the Agency
placed any limits on the potential uses of the
grant moneys?
Brownfields funding is limited to pre-
cleanup environmental activities at sites where
there is an actual or threatened release of a
hazardous substance, pollutant, or
contaminant. Allowable pre-cleanup activities
include site assessments, site identifications,
site characterizations, site remediation
planning and design, and outreach efforts
directed toward generating more effective
stakeholder involvement in these activities.
The CERCLA § 104 restrictions on EPA's
use of funding apply to brownfields pilot grant
recipients as well. Consequently, brownfields
pilot funds may not be used for, for example,
the assessment, identification, characterization,
or remediation of petroleum contamination.
CERCLA funds may only be used to address
hazardous substances, pollutants, and
contaminants, which are defined to exclude
petroleum. CERCLA regulations also prohibit
the use of EPA funds to match any other
federal funds. Brownfields pilot funds may be
used to develop creative financing solutions
(e.g., tax schemes,.revolving loan funds) for
the environmental activities described above;
however, federal grant funds may not be used
for capitalizing or fund-raising purposes.
Finally, included in the restrictions
traditionally placed on CERCLA §104
funding, EPA has specified that brownfields
grant recipients may not use pilot funds for job
training or to support their own lobbying
efforts.
EPCRA
4. EPCRA §313 Article Exemption:
Materials Recognizable as Articles
A manufacturing facility produces neon
signs by bending leaded glass tubing. The
facility uses enough tubing annually to process
in excess of 25,000 pounds of lead, an EPCRA
§313 toxic chemical. EPCRA §313 provides
an exemption for chemicals present in the form
of an article (40 CFR §372.38(b)) To qualify
as an article, a material must be formed to a
specific shape, have its end use dependent in
whole or in part upon that shape, and not
release a toxic chemical under normal
conditions of use (§372.3). When signs are
formed from glass tubing, the diameter of the
tubes remains unchanged and lead is not
released during the heating or bending
process, qualifying the tubes for the article
exemption. If a discrete number of glass tubes
are broken and discarded during the year,
under what circumstances would disposal of
the broken tubes constitute a release that
negates the article exemption, and how would
the facility calculate the amount of lead used in
their operation?
Disposal of the glass does not necessarily
constitute a release which automatically
negates the article exemption. Materials that
remain "recognizable" as articles upon
disposal are still exempt if they continue to
meet the definition of an article in §372.3. For
the tubing to meet the definition of an article
when discarded, the diameter of the tubing
must remain intact and unchanged. As a result,
shards of glass no longer qtfalify as articles,
while cracked sections of tubing continue to be
exempt as articles.
Only the shattered glass that is not
recognizable as the original tubing loses the
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Questions and Answers
April 1996
article exemption. When calculating the
quantity of lead used in its process, the facility
only must count the lead present in shattered
tubing toward the EPCRA §313 processing
threshold and in subsequent release
determinations.
5. Reporting Evaporative Losses of
Ammonia Under EPCRA §313
EPCRA §313 requires certain
manufacturing and federal facilities to report
annually on releases and transfers of toxic
chemicals, and source reduction and recycling
activities associated with those chemicals. A
manufacturing facility subject to EPCRA §313
processes an aqueous ammonia solution from
water-dissociable ammonium salts in tanks
and open vats. Evaporative losses occur at
several points during processing. Are these
evaporative losses considered releases of
aqueous ammonia or anhydrous ammonia for
purposes of EPCRA §313 reporting?
Evaporation and drying losses from
aqueous ammonia solutions result in the
release of anhydrous ammonia, which is 100
percent reportable under the EPCRA §313
ammonia listing. Although EPA modified the
ammonia listing on June 30, 1995 (60 FR
34172), the modification only limits the
quantity of aqueous ammonia that is
reportable. The modification does not apply to
anhydrous ammonia, which remains 100
percent reportable. Facility owners or
operators must still include all anhydrous
ammonia manufactured, processed, or
otherwise used at a covered facility in
threshold determinations and release reporting.
Anhydrous ammonia generated through the
evaporation or drying of aqueous ammonia
solutions derived from water-dissociable
ammonium salts or other sources must be
counted toward the applicable activity
threshold. For example, if a facility processes
aqueous ammonia, it has processed 100
percent of the aqueous ammonia in that
solution. If the ammonia stays in solution,
then 10 percent of the total aqueous ammonia
is counted toward thresholds. If there are any
evaporative losses of anhydrous ammonia, then
100 percent of those losses must be counted
toward the processing threshold. If the
manufacturing, processing, or otherwise use
thresholds for the ammonia listing are
exceeded, the facility must report 100 percent
of these evaporative losses in Sections 5 and 8
of the Form R.
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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's fax-on-demand service distributes selected publications noted by a "faxback" number. To order these
documents, from your fax machine dial (202) 651-2060 and follow the instructions provided by the voice
prompt, using the "faxback" number noted. Please call the Hotline for detailed instructions on
using the fax-on-demand service.
EPA Publications 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: Environmental Fact Sheet: Hazardous
Waste Identification Rule for Contaminated
Media (HWIR-Media) — Proposed Rule
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-96-010
FAXBACK NO.: 30014
This fact sheet provides an overview of EPA's
proposed rule which would set exit criteria for
contaminated media and other cleanup-related
wastes. Media with contamination below the
proposed bright line levels would be eligible to
exit Subtitle C; media above these levels
would remain subject to amended flexible
RCRA requirements.
TITLE: Environmental Fact Sheet: Agency
Requests Comment on Corrective Action for
Solid Waste Management Units at Hazardous
Waste Management Facilities
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-96-009
This fact sheet summarizes the Federal
Register notice requesting comments and
suggestions from facilities with corrective
action experience. Topics about which
comments were requested include the July
1990 proposed corrective rule, and general
implementation of the corrective action
program.
TITLE: Characterization of,Municipal Solid
Waste in the United States-^1995 Update
AVAILABILITY: NTIS
NTIS ORDER NO.: PB96-152 160
This document discusses the quantities and
types of solid waste generated in 1994. It
notes trends in municipal solid waste
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New Publications
April 1996
generation and management in the United
States from 1960 to the present and gives
future projections.
TITLE: Environmental Fact Sheet: Proposed
Procedures and Criteria for Determining
Adequacy of State/Tribal Municipal Solid
Waste Landfill Permitting Programs
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-95-007
This fact sheet discusses the requirements for
public involvement during the municipal solid
waste landfill permitting process. It also
describes the advantage of flexibility that a
state or tribe will obtain with approval of their
permitting program.
TITLE: Environmental Fact Sheet: State/
Tribal Implementation Rule (STIR)
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-95-028
FAXBACK NO.: 30006
This fact sheet provides a summary of the
January 26, 1996 (61 FR 2583), proposed
State/Tribal Implementation Rule and
discusses the different regulatory options for
tribes, ranging from complete EPA control to a
self-regulated program. It describes the
approval criteria for tribal municipal solid
waste landfill permitting programs and
outlines EPA's evaluation process. The fact
sheet also lists the components necessary for a
complete program application.
TITLE: Environmental Fact Sheet: Waste
Minimization National Plan
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-95-026
This fact sheet provides a summary of the
November 1994 Waste Minimization National
Plan. EPA530-R-94-045. It discusses the
goals and targets of the plan, and offers
implementation suggestions to the regulated
community.
TITLE: Environmental Fact Sheet: How to
Access the RCRA Information Center
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-96-001
FAXBACK NO.: 30011
This document describes the RCRA
Information'Center (RCRA Docket) and
outlines different ways the regulated
community may obtain information regarding
hazardous and solid waste. This updates a
1992 document with the same title (EPA530-F-
92-005).
TITLE: Environmental Fact Sheet: RCRA
Expanded Public Participation Rule
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-95-030
FAXBACK NO.: 30010
This fact sheet provides a summary of the
RCRA Expanded Public Participation Rule
published December 11, 1995 (60 FR 63417).
It discusses the rule's applicability to various
aspects of RCRA and outlines opportunities for
increased public involvement in the RCRA
process.
CERCLA
TITLE: Fiscal Year 1995 Superfund Reforms
Semiannual Report; February - December
1995
AVAILABILITY: Hotline
EPA ORDER NO.: N/A
~ *
This document reports on the second of three
sets of Superfund reforms launched by EPA
since 1993. The reforms to Superfund are
intended to address criticisms raised by
affected parties and to improve the pace, cost,
and fairness of the program. As indicated in
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April 1996 New Publications
this report, substantial progress has been made
toward implementing the second round of
innovative reform measures.
TITLE: Final Report of the Federal Facilities
Environmental Restoration Dialogue
Committee; Consensus Principles and
Recommendations for Improving Federal . l
Facilities Cleanup
AVAILABILITY: Hotline
EPA ORDER NO.: N/A
The principles and recommendations in this
final report build on the Committee's 1993
Interim Report recommendations and provide a
basic framework to address the complex issues
arising from environmental contamination at
federal facilities. This framework includes
maintaining community involvement pro-
grams, establishing stakeholder advisory
boards, setting priorities and allocating funding
shortfalls, and building the capacity of all those
involved in federal facility cleanup decisions to
more effectively participate in those decisions.
EPCRA
TITLE: 1996 International Hazardous
Materials Spills Conference Preliminary
Agenda and Registration Form
AVAILABILITY: Hotline
EPA ORDER NO.: N/A
This document is the agenda to the 1996
International Hazardous Materials Spills
Conference. It contains information about
should attend the conference and opportunities
for exhibitors. It lists the specific dates and
times of the preliminary activities planned at
the conference, as well as brief summaries of
the topics to be presented. Also included in the
document 'is registration and hotel information,
and a conference registration form.
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FEDERAL REGISTERS
You may order copies of all major RCRA, Superfund, 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
"Land Disposal Restrictions Phase III
— Decharacterized Wastewaters,
Carbamate Wastes, and Spent
Potliners"
Aprils, 1996(61 FR 15565)
EPA promulgated LDR treatment standards
for hazardous wastes from the production of
carbamate pesticides and primary aluminum
production. The Agency also amended the
treatment standards for hazardous wastes that
exhibit the characteristic of reactivity. In
addition, the rule created treatment standards
for decharacterized wastewaters that are
managed in land-based Clean Water Act
(CWA), CWA-equivalent, or Class I Safe
Drinking Water Act (SDWA) systems. In
accordance with the Land Disposal Program
Flexibility Act of 1996, however, the Agency
promulgated a concurrent rulemaking (61 FR
15660) that withdraws the treatment standards
applicable to decharacterized wastes managed
in these CWA, CWA-equivalent, and SDWA
systems (see below). Finally, EPA codified its
enforcement policy stating that combustion of
inorganic wastes is an impermissible form of
treatment because hazardous constituents are
being diluted rather than effectively treated.
"Land Disposal Restrictions Phase III;
Final Rule and Partial Withdrawal and
Amendment of Final Rule"
Aprils, 1996(61 FR 15660)
EPA incorporated the provisions of the Land
Disposal Program Flexibility Act (LDPFA) of
1996 into the Phase III rule by amending and/
or withdrawing portions of the regulations that
were superseded by the new legislation. The
LDPFA provided that characteristic wastes
treated in CWA, CWA-equivalent, or SDWA
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Federal Registers
April 1996
*INAL RULES
systems are no longer prohibited from land
disposal once they do not exhibit a
characteristic of hazardous waste. The
amendment/withdrawal of these standards
does not affect any other part of the final rule.
Furthermore, EPA amended parts of the LDR
Phase II final rule (59 FR 47982;
September 19, 1994) which were also
overruled by the legislation. These provisions
are effective on April 8, 1996.
"Imports and Exports of Hazardous
Waste: Implementation of OECD
Council Decision"
April 12, 1996(61 FR 16289)
EPA identified RCRA wastes subject to a
graduated system (green, amber, red) of
procedural and substantive controls when
exported and imported for recovery among
OECD countries. These requirements apply
only to U.S. exporters and importers of RCRA
hazardous wastes destined for recovery in
OECD countries (except for Canada and
Mexico; waste shipments to and from these
countries will continue to move under the
current bilateral agreements and regulations).
This rule is effective July 11, 1996.
"Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Final Exclusion"
April 24,1996 (61 FR 18088)
EPA granted a petition submitted by
Bethlehem Steel Corporation (BSC),
Lackawanna, New York, to exclude, on a one-
time basis, certain solid wastes contained in a
landfill from being listed hazardous wastes.
The Agency has concluded that BSC's
petitioned waste will not adversely affect
human health and the environment.
Accordingly, this final rule excludes the
petitioned waste from the requirements of
hazardous waste regulations under Subtitle C
of RCRA. This exclusion is effective as of
April 24, 1996.
"Alabama; Final Authorization of
Revisions to State Hazardous Waste
Management Program"
April 25,~1996 (61 FR 18281)
Final State Authorization
"North Carolina; Final Authorization of
Revisions to State Hazardous Waste
Management Program"
April 25,1996(61 FR 18284)
Final State Authorization
"Solid Waste Programs; Removal of
Legally Obsolete Guidelines"
April 26,1996 (61 FR 18501)
In response to the President's Regulatory
Reform Initiative, the Environmental
Protection Agency (EPA) has conducted a
review of the regulations it administers and
has identified the guidelines pertaining to
solid waste management as obsolete. These
guidelines, which are being removed from the
Code of Federal Regulations (CFR) today, are
no longer necessary because they have been
addressed by more recent regulations. This
final rule takes effect on April 26, 1996.
10
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April 1996
Federal Registers
FINAL RULES
CERCLA
"National Priorities List; Folkertsma
Refuse Superfund Site"
April 10, 1996 (61 FR 15902)
EPA announced the deletion of the
Folkertsma Refuse Site, located in Walker,
Michigan, from the National Priorities List.
The Agency published a notice of its intent to
delete the site on January 29, 1996 (61 FR
2772). EPA and the State of Michigan 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.
"National Priorities List; Lee's Lane
Superfund Site"
April 25,1996(61 FE 18287)
EPA announced the deletion of the Lee's
Lane Site, located in Louisville, Kentucky,
from the National Priorities List. The Agency
published a notice of its intent to delete the site
on May 16, 1988 (53 FR 17228), and
published a revised notice on February 14,
1992 (57 FR 5410). EPA and the
Commonwealth of Kentucky 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.
"National Priorities List; Kummer
Sanitary Landfill Superfund Site"
April 26,1996(61 FR 18507)
EPA announced the deletion of the Kummer
Sanitary Landfill Site, located in Beltrami
County, Minnesota, from the National
Priorities List. The Agency published a notice
of its intent to delete the site on March 1, 1996
(61 FR 8012). EPA and the State of Minnesota
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.
"National Priorities List; Gallaway Pits
Superfund Site"
April 29,1996(61 FR 18683)
EPA announced the deletion of the Gallaway
Pits Site, located in Fayette County,
Tennessee, from the National Priorities List.
The Agency published a notice of its intent to
delete the site on February 22, 1996 (61 FR
6807). EPA and the State of Tennessee 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.
"National Priorities List; 29th and Mead
Ground Water Contamination
Superfund Site"
April 29,1996 (61 FR 18684)
EPA announced the deletion of the 29th and
Mead Ground Water Contamination Site,
located in Wichita, Kansas, from the National
Priorities List. The Agency published a notice
of its intent to delete the site on January 31,
1996 (61 FR 3365). 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.
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Federal Registers
April 1996
"National Priorities List; Amnicola
Dump Super-fund Site"
April 30, 1996 (61 FR 18968)
EPA announced the deletion of the Amnicola
Dump Site, located in Chattanooga, Tennessee,
from the National Priorities List. The Agency
published a notice of its intent to delete the site
on February 22, 1996 (61 FR 6806). EPA and
the State of Tennessee 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
"Identification and Listing of Hazardous
Waste; Proposed Exclusion"
Aprils, 1996(61 FR 14696)
EPA proposed to grant United Technologies
Automotive's (UTA) petition to conditionally
exclude certain solid waste generated by
chemical stabilization of lagoon sludge at the
Highway 61 Industrial Site in Memphis,
Tennessee. The Agency also proposed to use
two methods to evaluate the potential impact
of the petitioned waste on human health and
the environment: (1) the EPA Composite
Model for Landfills (EPACML) fate and
transport model; and (2) the generic delisting
levels for nonwastewater residues generated
from the treatment of F006 by high
temperature metal recovery. Comments will
be accepted until May 20, 1996.
"Revised Standards for Hazardous
Waste Combustors"
April 19,1996(61 FR 17357)
Under joint authority of the CAA and. RCRA.
EPA proposed revised standards for hazardous
waste incinerators, hazardous waste-burning
cement kilns, and hazardous waste-burning
lightweight aggregate kilns. The standards
limit emissions of chlorinated dioxins and
furans, other toxic organic compounds, toxic
metals, hydrochloric acid, chlorine gas, and
particulate matter. These standards reflect the
performance of Maximum Achievable Control
Technologies (MACT) as specified by the
Clean Air Act. The nature of this proposal also
requires that the following actions be
proposed: proposing the addition of hazardous
waste-burning lightweight aggregate kilns to
the list of source categories in accordance with
§ 112(c)(5) of the Act; exempting from RCRA
emission controls secondary lead facilities
subject to MACT; considering an exclusion for
certain "comparable fuels"; and revising the
small quantity burner exemption under the BIF
rule. EPA will accept public comments on this
proposed rule until June 18, 1996.
CERCLA
"National Priorities List; Washington
County Landfill Superfund Site"
April 1,1996 (61 FR 14280)
Notice of Intent to Delete
"National Priorities List; RSR
Corporation Superfund Site"
April 11,1996 (61 FBI6068)
Notice of Intent for Partial Deletion
12
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April 1996
Federal Registers
"National Priorities List; Liquid Gold
Corporation Superfund Site"
ApriM 2, 1996(61 FR 16234)
Notice of Intent to Delete
CAA
"Proposed Amendments; List of
Regulated Substances and
Thresholds for Accidental Release
Prevention"
April 15,1996 (61 FR 16598)
EPA announced several proposed
modifications to the final rule listing regulated
substances and threshold quantities under
§ 112(r) of the Clean Air Act as amended (59
FR 4478; January 31, 1994). EPA proposed to
delete the category of Division 1.1 explosives
(as listed by DOT) from the list of regulated
substances, and to provide an exemption from
threshold quantity determinations for
regulated flammable substances in gasoline
used as fuel and in naturally occurring pre-
processed hydrocarbon mixtures. EPA also
proposed a clarification of the provision for
threshold determination for flammable
substances in mixtures, as well as clarification
of the definition of stationary source and the
transportation exemption.. Additional
language is proposed to clarify that the
provisions of CAA § 112(r) do not apply to
sources located on the Outer Continental
Shelf. EPA will accept written comments
regarding the proposed amendments on or
before May 15, 1996.
"Proposed Stay of Effectiveness; List
of Regulated Substances and
Thresholds for Accidental Release
Prevention"
April 15,1996(61 FR 16606)
EPA proposed to stay the effectiveness of
provisions' that are potentially affected by the
proposed-List Rule Amendments (61 FR
16606; April 15, 1996). Under the proposed
stay, owners and operators of processes and
sources that the proposed amendments would
exempt from the §112(r) Risk Management
Program requirements would not become
subject to those provisions until EPA has
determined whether to proceed with the
proposed amendments. Comments will be
accepted on or before May 15, 1996.
NOTICES
RCRA
"RCRA Public Participation
Bibliography"
April 10,1996 (61 FR 15942)
EPA solicited entries for a bibliography of
publications that are relevant to public
participation in RCRA permitting. EPA will
accept entries on or before May 10, 1996.
"Agency Information Collection
Activities: National Hazardous Waste
Constituent Survey"
April 15, 1996 (61 FR 16484)
EPA announced that it is conducting the
National Hazardous WastejConstituent Survey.
The voluntary survey is designed to collect
information on the presence and concentration
of chemical constituents, particularly metals
and organics, in hazardous waste management
facilities' waste streams. The information
collected through this survey will provide
13
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Federal Registers
April 1996
NOTICES
valuable information for future RCRA
regulatory initiatives, such as the Hazardous
Waste Identification Rule process waste
rulemaking.
"Organic Air Emission Standards for
Hazardous Waste Tanks, Surface
Impoundments, and Containers;
Notice of Data Availability"
April 23,1996(61 FR 17863)
EPA announced the availability of additional
data it considered in amending the air emission
standards for hazardous waste treatment,
storage, and disposal facilities (59 FR 62896;
December 6, 1994). This Notice of Data
Availability addresses the appropriateness of
certain thermal treatment facilities subject to
regulation under Subpart P of Part 265 being
eligible to receive spent activated carbon
which is a hazardous waste. The additional
data are available for public inspection at the
EPA RCRA Docket. Comments on these
additional data will be accepted through
May 7, 1996.
"Mixed Waste Enforcement Policy
Extension"
April 26,1996 (61 FR 18588)
EPA announced a limited extension of its
policy (56 FE 42730; August 29, 1991) on
civil enforcement of the LDR storage
prohibition at facilities which generate "mixed
waste" regulated under both RCRA and the
Atomic Energy Act. This action renews the
August 1991 policy for an additional two year
period for certain mixed wastes, based on
EPA's determination that treatment technology
and disposal capacity for these mixed wastes
are still not available.
"Land Disposal Restrictions Phase III
— Decharacterized Wastewaters,
Carbamate Wastes, and Spent
Potliners"
April 30,1996(61 FR 19117)
In the LDR Phase HI rule (61 FR 15660;
April 8, 1996), on page 15660, in the third
column, under EFFECTIVE DATE: "April 5,
1996" should read "April 8, 1996."
"Land Disposal Restrictions Phase III
— Decharacterized Wastewaters,
Carbamate Wastes, and Spent
Potliners"
April 30,1996 (61 FR 19117)
In the LDR Phase HI rule (61 FR 15566;
April 8, 1996), on page 15566, in the first
column, in the penultimate line: "July 1, 1996"
should read "July 8, 1996." In addition, on
page 15599, in the third column, in §268.39(c),
in the first line: "July 8, 1996" should read
"January 8, 1997."
CERCLA
"Federal Facilities Environmental
Restoration Dialogue Committee Final
Report; Notice of Availability"
April 16,1996 (61 FR 16632)
EPA announced the public availability of the
"Final Report of the Federal Facilities
Environmental Restoration Dialogue
Committee," dated April 199,6. The report
presents consensus principles and
recommendations for improving federal
facilities cleanup.
14
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April 1996
Federal Registers
NOTICES
CERCLA/ATSDR
"Revised Priority List of Hazardous
Substances for Toxicological Profiles;
Notice of Availability"
April 16, 1996(61 FR 16632)
ATSDR and EPA have developed and are
making available a revised CERCLA Priority
List of 275 Hazardous Substances, which
includes newly listed substances that have been
determined to pose the most significant
potential threat to human health at or around
NPL sites. Each substance on the priority list
is a candidate to become the subject of a
toxicological profile prepared by ATSDR.
EPCRA
"EPCRA Section 313 Reporting
Requirements; Notice of Training
Workshops"
April 22,1996(61 FR 17700)
EPA announced a series of three-day training
courses on the Emergency Planning and
Community Right-to-Know Act of 1986. The
training courses focus on the §313 Toxic
Chemical Release Inventory reporting
requirements.
Cross-Program
"Proposed Guidelines for Carcinogen
Risk Assessment"
April 23,1996 (61 FR 17960)
EPA published a document entitled Proposed
Guidelines for Carcinogen Risk Assessment in
the Federal Register. The proposed guidelines
are a revision of EPA's 1986 Guidelines for
Carcinogen Risk Assessment published on
September 24, 1986 (51 FR 33992). The
proposed guidelines are being made available
for a 120-day public review and comment
period. Comments musts be postmarked by
August 21, 1996.
\
Settlements and Consent Decrees
"Proposed Administrative Agreement on
Consent; XXKEM Company Superfund
Site"
April 2, 1996(61 EB 14572)
"Proposed Partial Consent Decree; Byron
Salvage Superfund Site"
April 2, 1996(61 EB 14579)
"Proposed Consent Decree; Doepke
Holliday Superfund Site"
April 2, 1996(61 FR 14580)
"Proposed Consent Decree; Hastings
Ground Water Contamination Superfund
Site"
April3, 1996(61 EB 14810)
"Proposed Partial Consent Decree;
Operating Industries, Inc., Superfund
Site" \ -
Aprils, 1996(61 EB 14810)
"Proposed Consent Decree; Municipal &
Industrial Disposal Company Superfund
Site"
April 4, 1996(61 EB15117)
t;
"Proposed Administrative De Minimis
Settlement; C&D Recycling Superfund
Site"
Aprils, 1996(61 EB 15257)
15
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Federal Registers Aprj| 1996
"Proposed Partial Consent Decree;
Warwick Superfund Site"
Aprils, 1996(61 £R 15518)
"Proposed Prospective Purchaser
Agreement; D.C. Franche Site"
April 9, 1996(61 FR 15802)
"Proposed De Minimis Administrative
Order on Consent; Bohaty Drum
Superfund Site"
April 9, 1996(61 £B15802)
"Proposed Consent Decrees; Elkhart
River Solvent Release Superfund Site"
April 12, 1996(61 EE 16267)
"Consent Decree; Keystone Landfill
Superfund Site"
April 25, 1996(61 FR 18411)
"Proposed Consent Decree; Cambridge
Plating Company, Inc. RCRA Site"
April 25, 1996(61 EB 18411)
"Proposed Consent Decree; Four City
Architectural Metals, Inc. RCRA Site"
April 25, 1996(61 EB 18412)
"Proposed Prospective Purchaser
Agreement; Fields Brook Superfund Site" •. -
April 26, 1996 (61 FB 18595)
"Proposed Administrative Settlement;
Chemical Commodities, Inc., Superfund
Site"
April 29, 1996 (61 FB 18729)
"Proposed Administrative Settlement;
Chemical Commodities, Inc., Superfund
Site"
April 29, 1996 (61 EB 18730)
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
4,483
177
206
121
122
101
6
13
3
1
97
255
142
123
1,227
7,077
* No caller profile data available.
17
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Call Analyses
April 1996
Emergency Planning and Community Right-to-Know Act/
Superfund Hotline
Manufacturers
Food/Tobacco 70
Textiles • 17
Apparel 3
Lumber & Wood 11
Furniture 17
Paper 16
Printing & Publishing 11
Chemicals 163
Petroleum & Coal 39
Rubber and Plastics 15
Leather 2
Stone, Clay & Glass 5
Primary Metals 28
Fabricated Metals 49
Machinery (Excluding Electrical) 13
Electrical&Electronic Equipment 12
Transportation Equipment 11
Instruments 6
Misc. Manufacturing 251
Subtotal 739
Consultants/Engineers 2,632
Attorneys 301
Citizens 212
Public Interest Groups 31
Educational Institutions 61
EPA < 56
Federal Agencies 59
GOCOs 6
Congress - 3
State Officials/SERC 85
Local Officials/LEPCs 71
Fire Departments 10
Hospitals/Laboratories 59
Trade Associations 9
Union/Labor 2
Farmers 7
Distributors 56
Insurance Companies 3
Media/Press 7
Native Americans 2
International 0
Other 193
Referrals* 371
Transfers to RCRA/UST Hotline* 410
Document Retrieval Line* 0
Message Retrieval Line* 501
* No caller profile data available.
TOTAL NUMBER OF CALLERS 5,886
18
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April 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
1,173
1,586'
660'
3501
117
78
3221
57
220
31
51
341 >
3701
231
98
80
94
198
138
5931
338
82
119
23
49
9631
139
2861
147
79
52
71
4201
79
49
121
18
134
14
8
18
134
10
SUBTITLE D
Household Hazardous Wastes
Subtitle D - General
Technical Standards
Industrial Wastes
Municipal Wastes
Indian Lands
Financial Assurance
Solid Waste Recycling/Markets -
General
Aluminum
Batteries
Glass
Paper
Plastics
Tires
Used Oil
Composting
Procurement
Source Reduction/Pollution Prevention
Grants and Financing
TOTAL QUESTIONS
* Includes 2,494 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 1,050 UST document requests.
123
124
45
16
145
3
4
3981
29
33
22
44
35
26
63
33
84
57
13
11,438*
2331
143
55
1211
1331
69
1491
51
97
42
1231
42
32
11
1,301*
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.
19
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Call Analyses
April 1996
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
General:
General Title III 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
3791
21
52
3
21
46
135
29
52
94
19
5
39
37
41
44
5
15
2251
1481
3201
1881
30
87
77
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
7211
7151
3101
5421
38
15
41
16
2571
122
34
1081
112
Special Topics:
CAA§112
General
RMPs
List of Regulated Substances
Federal Facilities Executive Order
299'
259'
1021
18
TOTAL QUESTIONS 5,821
*Includes 1^502 Emergency Planning and Community
Right-to-Know document requests
SUPERFUND
General/Misc. 205
Access & Information Gathering 34
Administrative Improvements
General 74
Environmental Justice/Brownfields 2431
SACM/Presumptive Remedies 99
Soil Screening Levels 112
Administrative Record 21
ARARs 77
CERCLIS 152
Citizen Suits 8
Claims Against Fund 12
Clean-Up Costs 36
Clean-Up Standards 91
Community Involvement 9
Contract Lab Program (CLP) 8
Contractor Indemnification 4
Contracts 2
Definitions . 128
Enforcement 71
Federal Facilities 82
Hazardous Substances 3361
HRS "•;• 17
Liability 137
Local Gov't Reimbursement 16
Natural Resource Damages 7
NCP 63
Notification 120
NPL 2481
Off Site Rule 19
OSHA 13
PA/SI * 21
PRPs " ' 56
RD/RA 30
Reauthorization 49
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.
-------
April 1996
Call Analyses
Remedial
Removal
RI/FS
Risk Assess./Health Effects
ROD
RQ
Settlements
SITE Program
State Participation
State Program
TAGs
Taxes
149
31
61
85
69
2471
41
7
9
9
0
10
Special Topics
Oil Pollution Act
SPCC Regulations
Radiation Site Cleanup
14
20
581
TOTAL QUESTIONS 3,410*
*Includes 351 Superfund document requests.
TOTAL HOTLINE QUESTIONS
AND DOCUMENT REQUESTS: 21,970
1 Hot topics for this month
' Topics are calculated as the summation of all questions received by the Hotline. A single call may result in
multiple questions. . •
21
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