EPA530-R-96-002e SUB-9224-96-005 MONTHLY HOTLINE REPORT May 1996 RCRA, Superfund & EPCRA Hotline Questions and Answers Resource Conservation and Recovery Act (RCRA) 1 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 3 Emergency Planning and Community Right-to-Know (EPCRA) 5 New Publications Resource Conservation and Recovery Act (RCRA) 7 Emergency Planning and Community Right-to-Know (EPCRA) 8 Federal Registers Final Rules 9 Proposed Rules 10 Notices 11 Call Analyses Caller Profiles 15 Hotline Topics 17 RCRA, Superfund & EPCRA National Toil-Free No.: 800-424-9346 Local: 703-412-9810 TDD National Toil-Free No.: 800-553-7672 This report is prepared and submitted in support of Contract No. 68-W6-0016. Judi Kane, Project Officer Sheretta Dixon, Alternate Project Officer U.S. Environmental Protection Agency Washington, DC 20460 Printed on Recycled Paper ------- MONTHLY HOTLINE REPORT AVAILABILITY Electronic Availability The Monthly Hotline Report Questions and Answers are also available for downloading at no charge from the CLU-IN bulletin board at (301) 589-8366. The complete text of the 1993, 1994, and 1995 Monthly Hotline Reports may be accessed via EPA's Internet servers. Using Gopher, go to gopher.epa.gov and follow this pathway. EPA Offices & Regions --> Office of Solid Waste & Emergency Response --> OSW (RCRA) --> RCRA: General --> RCRA/UST, Superfund & EPCRA Hotline Reports. Monthly Hotline Reports are also available through the World Wide Web (WWW). Go to the Hotline Home Page at http://www.epa.gov/epaoswer/hotline/ and select "Monthly Hotline Reports." The Hotline maintains an electronic mailing list named HOTLINE_OSWER. Subscribers will have Hotline announcements and Monthly Hotline Reports e-mailed to them as they are released, at no charge. To subscribe to the Hotline electronic mailing list send an e-mail to: Listserver@unixmail.rtpnc.epa.gov Subject: SUBSCRIBE TO LISTSERVERS Message: SUBSCRIBE HOTLINE_OSWER your first name your last name For example, SUBSCRIBE HOTLINEJDSWER JOHN SMITH To receive the Help file with useful commands for users send an e-mail to: Listserver@unixmail.rtpnc.epa.gov Subject: HELP Message: HELP National Technical Information Service (NTIS) The Monthly Hotline Report can be ordered through NTIS at (703) 487-4650. The NTIS order numbers are as follows: Yearly Subscription SUB-9224 January 1996 February 1996 March 1996 April 1996 May 1996 RCRA Docket 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. 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 SUB-9224-96-005 EPA530-R-96-002e ------- HOTLINE QUESTIONS AND ANSWERS RCRA 1. Frequently Asked Questions on the Universal Waste Regulations Which hazardous wastes are covered under the universal waste regulations in 40 CFR Part 273? Currently, the three specific wastes covered under Part 273 are hazardous waste batteries (e.g., nickel-cadmium and lead-acid batteries), hazardous waste pesticides, and hazardous waste mercury-containing thermostats (§273.1). Part 273, Subpart G, contains provisions to allow for other wastes to be added to the universal waste regulations through a petitioning process. As such, new wastes, such as mercury lamps, may be added in the future. Are universal waste handlers required to manage spent lead-acid batteries under 40 CFR Part 266, Subpart G, or under Part 273? Handlers may actually choose the management standards with which they will comply. That is, they may either manage their batteries under the standards provided in Subpart G of Part 266 for spent lead-acid batteries that are being reclaimed, or they may comply with the universal waste regulations in Part 273 (60 FR 25505; May 11,1995). What are the notification requirements for Large Quantity Handlers of Universal Waste (LQHUW) and Small Quantity Handlers of Universal Waste (SQHUW)? The universal waste regulations specify two distinct forms of notification for handlers of universal waste: a one-time written notification of universal waste management activity, and the acquisition of an EPA identification number. SQHUWs are not required to notify EPA of their universal waste activit*., or are they required to obtain an EPA identification number (§273.12). LQHUWs, however, must submit the one-time written notification and must also obtain an EPA identification number (§273.32). Renotification is not required for a LQHUW who has previously notified EPA of universal waste management activities and who has already received an EPA identification number (60 FR 25521; May 11, 1995). Do the universal waste regulations contain a provision similar to the gene~ator satellite accumulation provisions in §2to2.34(c)? There is no specific provision under Part 273 for satellite accumulation. However, the universal waste regulations do not limit the location, or number of locations, at which a handler may accumulate universal wastes. Thus, a handler may accumulate universal wastes at or near the point of generation and may do so, in general, for up to one year (60 FR 25527; May 11, 1995). ------- Questions and Answers May 1996 2. Exclusion of Laboratory Wastes from the Mixture Rule A facility has a laboratory that generates a variety of listed wastes. The laboratory generates wastes listed because they are toxic wastes (with a Hazard Code of(T)), as well as acutely hazardous wastes (with a Hazard Code of(H)). In addition, the laboratory generates wastes which are listed because they are both toxic wastes and commonly exhibit the hazardous waste characteristics of ignitability, corrosivity, or reactivity (e.g., with a Hazard Code of (I,T), (C,T), or (R,T)). The laboratory discharges all of these listed wastes into the facility's wastewater treatment system. The mixture rule exempts from Subtitle C certain wastes from laboratory operations that are discharged to wastewater treatment systems (40 CFR §26L3(a)(2)(iv)(E)). Specifically, this section notes that mixtures of laboratory wastes listed for being toxic (T) and large volumes of other waste-waters cease to carry the listing after they pass the headworks of the wastewater treatment system. Are the laboratory's wastes that are listed because they are acutely hazardous (H) or toxic and characteristic ((I,T), (C,T), or(R,T))also exempt from the mixture rule? Wastes listed for being acutely hazardous (H) or both toxic and characteristic ((I,T), (C,T) or (R,T)) are also eligible for the wastewater treatment exemption from the mixture rule provided that the wastewater flow meets all the other conditions of §261.3(a)(2)(iv)(E) (i.e., the concentration of laboratory wastes is less than 1 ppm of the total wastewater flow in to the headworks of the wastewater treatment facility or the laboratory contributes less than 1 percent of the flow into the headworks). This exemption does not apply, however, to wastewaters which were listed solely because they exhibit a characteristic (e.g., a Hazard Code of (I) only). If wastes which were listed solely for exhibiting a characteristic were mixed with other solid wastes, such as a wastewater, and ceased to exhibit any characteristic they would, however, no longer be considered hazardous wastes (§261.3(a)(2)(iii)). Pursuant to the derived-from rule, sludges generated from the treatment of listed wastes normally carry the same listings as the original wastes (§261.3(c) and (d)). Since laboratory wastewaters with Hazard Codes of (T), (H), (I,T), (C,T), or (R,T) cease to carry any listing under §261.3(a)(2)(iv)(E), sludges generated from the treatment of these wastewaters would not carry the listings of the laboratory wastes. If the sludges exhibited any characteristics of a hazardous waste (including the characteristics for which the waste may have been listed), or if the sludges were derived from any non- laboratory listed wastes not otherwise excluded, they would have to be handled as hazardous. 3. Surface Impoundment Retrofitting Requirements The 1984 Hazardous and Solid Waste Amendments (HSWA) to RCRA specify minimum technological requirements for the design and construction of new hazardous waste surface impoundments, including installation of a double liner and a leachate collection and removal system (LCRS) and ground-water monitoring (RCRA §3004(o)). Units for which EPA received permit applications after November 8, 1984, the enactment date of HSWA, must comply with these standards. The HSWA amendments also require owners and operators of hazardous waste surface impoundments in existence on November 8, 1984, or which become subject to RCRA as the result of the promulgation of a new hazardous waste listing or characteristic, to retrofit their surface impoundments to meet ------- May 1996 Questions and Answers the minimum technology requirements for new units (§3005(j)). Under what circumstances does HSWA require retrofitting of these existing or newly-subject surface impoundments, and by what date must retrofitting be completed? HSWA required owners and operators of all hazardous waste surface impoundments operating under interim status on November 8, 1984, to retrofit to meet the double liner, LCRS, and groundwater monitoring requirements or close within four years, or November 8, 1988. Similarly, owners and operators of existing surface impoundments which become subject to RCRA as the result of a new hazardous waste listing or characteristic must retrofit or close within four years of the promulgation of the listing or characteristic. For example, owners and operators of surface impoundments which became subject to RCRA as the result of the promulgation of the Toxicity Characteristic waste codes on March 29, 1990, were required to retrofit those units to meet the minimum technology requirements or close by March 29, 1994 (55 FR 11798; March 29, 1990). HSWA also provided variances under which certain existing surface impoundments would not have to retrofit. These variances apply to surface impoundments: (1) with a single liner for which there is no evidence of leakage, located more than a quarter mile from an underground source of drinking water, and in compliance with groundwater monitoring requirements; (2) conducting aggressive biological treatment in compliance with the Clean Water Act and RCRA groundwater monitoring requirements; or (3) demonstrating no potential for migration of hazardous wastes or constituents into groundwater or surface water at any future time (§3005(j)(2)-(4)). Additionally, HSWA granted the Administrator the authority to modify the retrofitting requirements for owners and operators of existing surface impoundments who had begun corrective action before October 1, 1984 (§3005(j)(13)). Owners and operators of surface impoundments previously exempt from the retrofitting requirements under one of the variances, but which no longer meet the conditions of the variance (e.g., as a result of a torn liner), are required to retrofit their impoundments within two years of the discovery of the change. If the surface impoundment was exempt because it was conducting aggressive biological treatment, the owner or operator must retrofit the surface impoundment within three years. CERCLA 4. Alternative Dispute Resolution In 1987, EPA issued the "Final Guidance on Use of Alternative Dispute Resolution Techniques in Enforcement Actions " endorsing the use of Alternative Dispute Resolution (ADR) as a settlement tool during Superfund enforcement cases (OWPE Directive 9834.12, PB91-139 303). As part of the Superfund Administrative Reforms, EPA is emphasizing the use of ADR as a tool for potentially responsible parties (PRPs) to negotiate settlements for cleanup at Superfund sites. What is ADR and for what types of cases is ADR used? ADR encompasses a series of processes that assist parties in resolving disputes. Central to each method is the use of a mediator or other objective third-party. ADR is a standard component of EPA's enforcement program, for it has the potential of lowering the transaction costs for the parties as well as expediting the enforcement process. Where the parties will have long-term working ------- Questions and Answers May 1996 relationships, the use of ADR has been found to improve those relationships. ADR may be particularly suitable for multi-party cases. The use of ADR may avoid years of litigation between the parties and may save EPA time and resources needed to take enforcement actions against a large number of parties. Cases are nominated for ADR by EPA Regional personnel. Before a case is chosen for ADR, EPA must analyze the case to determine whether ADR may be appropriate. There must be sufficient case information developed to substantiate the violations. EPA will also consider whether the case is negotiable, i.e., no precedent-setting issues are involved. Also, EPA will consider court or statutory deadlines in determining whether sufficient time exists to conduct ADR negotiations. ADR techniques used by the Agency include several methods such as mediation, convening, allocation, fact-finding, and arbitration, as described below. Mediation, the primary ADR technique used by EPA, relies on a mediator to facilitate negotiations among the parties. The mediator has no power to decide the issues, but assists the parties in reaching a voluntary negotiated settlement. Convening is often used as a prelude to mediation to assist parties in determining whether to use ADR and in selecting an appropriate ADR process. Allocation is the use of a third party who assists negotiating parties to determine their relative cost responsibilities for a Superfund site. The allocator may consider factors such as volume or toxicity of the waste contributed, ability to pay, the degree of care exercised in handling waste, and permit violations of the responsible parties, to develop a fair allocation of the site costs. Fact-finding, often used in technical disputes, involves the use of a neutral third party with subject matter expertise to investigate and decipher complex data. The decision may or may not be binding depending on the agreement between the parties. If the parties agree, these findings are admissible as established facts in subsequent judicial or administrative hearings. Arbitration involves the use of a third party who hears the issues, and renders a decision. As with fact-finding, the findings may be binding or non-binding depending upon the parties' agreement. EPA has authority to enter into arbitration for small cost recovery claims, if the claims do not exceed $500,000 (CERCLA §122(h)(2)). EPA seeks parties with certain qualifications including demonstrated experience, independence, neutrality, and technical expertise. The type of ADR to be used at a particular site must be decided before negotiations begin in order to determine the exact role the mediator or other third-party will play throughout the ADR process. Discussions with a mediator are protected by federal and state confidentiality provisions. To date, ADR has been used in more than 100 Superfund enforcement cases as well as numerous cases arising under other statutes. By establishing ADR leaders in the Regional offices, providing ADR training, and sponsoring several ADR pilots, EPA is committed to increasing the use of ADR. For ------- May 1996 Questions and Answers further information on ADR please see the fact absence of a 911 number, the notifier may call sheet entitled Use of Alternative Dispute the local operator to satisfy the emergency Resolution in Enforcement Actions, May 1995, release notification requirements (EPCRA and the Guidance on Use of ADR for §304(b)(l)). Litigation in Federal Courts. DOJ 1992, OSWER Directive 9208.0-09, PB94-963 668. EPCRA 5. Notification Requirements for Transportation-Related Releases Under EPCRA §304 In the event of a release of an extremely hazardous substance (EHS) or a CERCLA hazardous substance above its reportable quantity (RQ), a facility owner/operator must immediately notify the State Emergency Response Commission (SERC) and Local Emergency Planning Committee (LEPC) of the incident (EPCRA §304(b); 40 CFR §355.40(b)) and for CERCLA hazardous substances, the National Response Center (NRC). As soon as practicable after the release occurs, the facility owner/operator must submit a written follow-up emergency notice to the SERC and LEPC (EPCRA §304(c); 40 CFR §35^.40(b)(3)). In the case of a transportation-related release, EPCRA §304(b) states that the emergency release notification requirements may be satisfied by providing notice to the 911 operator instead of the SERC and LEPC (40 CFR §355.40(b)(4)(ii)). Must the notifier submit a follow-up emergency notice after the initial 911 report? Notification of a transportation-related release, including the requirement to submit a written follow-up notice, is satisfied by dialing 911 and providing the release information as described in 40 CFR §355.40(b)(2) to the operator (40 CFR §355.40(b)(4)(ii)). In the ------- 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 Toil-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: Inside the Hotline: A Compilation of 1995 Monthly Hotline Reports AVAILABILITY: NTIS NTIS ORDER NO.: PB96-163 423 This document is a compilation of Questions and Answers and Federal Register summaries from individual Monthly Hotline Reports for the period covering January through December 1995. It contains indices of the questions and answers arranged by key words, regulatory citations, and statutory citations. TITLE: RCRA, Superfund & EPCRA Hotline (Brochure) AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-96-025 the type of information the Hotline provides to callers regarding regulations, document availability, electronic resources, and referrals to other sources of information. TITLE: 1996 Buy-Recycled Fact Sheet Series: Park and Recreation Products AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-96-012 This fact sheet outlines the availability and benefits of using park and recreation products made with recycled content. The document also summarizes the federal procurement program promoting the purchasing of these products. This brochure provides an overview of the services provided by the RCRA, Superfund & EPCRA Hotline. It includes an overview of ------- New Publications May 1996 TITLE: 1996 Buy-Recycled Fact Sheet Series: Transportation Products AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-96-011 This fact sheet outlines the availability and benefits of using transportation products made with recycled content. The document also summarizes the federal procurement program promoting the purchasing of these products. TITLE: Understanding Hazardous Waste Rules: A Handbook for Small Business 1996 Update AVAILABILITY: Hotline EPA ORDER NO.: EPA530-K-95-001 This document explains the federal hazardous waste management requirements in order to assist facilities in determining whether federal hazardous waste regulations apply to them. The handbook includes summaries of requirements for small quantity generators, conditionally exempt small quantity generators, and large quantity generators. State, regional, and federal contacts that provide additional information are also listed in the document. This document replaces Understanding the Small Quantity Generator: Hazardous Waste Rules (EPA530-SW-&6- 019). TITLE: 1996 Buy-Recycled Fact Sheet Series: Non-Paper Office Products AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-96-013 This fact sheet outlines the availability and benefits of using non-paper office products made with recycled content. The document also summarizes the federal procurement program promoting the purchasing of these products. EPCRA TITLE: Toxic Chemical Release Inventory Reporting Form R and Instructions: Revised 1995 Version AVAILABILITY: Hotline EPA ORDER NO.: EPA745-K-96-001 This document contains the reporting form and instructions used by facilities to provide EPA with certain information required by §313 of EPCRA. The document also contains the §313 Toxic Chemical List and federal facility reporting information. State designated §313 contacts and instructions for submitting the automated Form R are also included in the document. ------- FEDERAL REGISTERS You may order copies of all major RCRA, Superfund, and EPCRA Federal Registers by calling the Hotline. RCRA, Superfund, and EPCRA National Toil-Free No.: (800) 424-9346 Local: (703)412-9810 TDD National Toil-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 "Kentucky; Final Authorization of Revisions to State Hazardous Waste Management Program" May 23,1996 (61 FR 25799) Final State Authorization "Tennessee; Final Authorization of Revisions to State Hazardous Waste Management Program" May 23,1996 (61 £R 25796 and 25794) Final State Authorization CERCLA "National Priorities List; East Bethel Demolition Landfill Superfund Site" May 7,1996 (61 FR 20473) EPA announced the deletion of the East Bethel Demolition Landfill Site, located in Anoka, Minnesota, from the National Priorities List. The Agency published a notice of its intent to delete the site on March 13, 1996 (61 FR 10298). 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. ------- Federal Registers May 1996 "National Priorities List; Washington County Landfill Superfund Site" May 16,1996 (61 FR 24720) EPA announced the deletion of the Washington County Landfill Site, located in Washington County, Minnesota, from the National Priorities List. The Agency published a notice of its intent to delete the site on April 1, 1996 (61 FR 14280). 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; A.L. Taylor Superfund Site" May 17,1996(61 FR 24894) EPA announced the deletion of the A.L. Taylor Site, located in Brooks, Kentucky, from the National Priorities List. The Agency published a notice of its intent to delete the site in July 1988, and a revised notice of intent to delete on March 8, 1996. 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. EPCRA "Extremely Hazardous Substance List Modifications; Deletions and Reportable Quantity Adjustments" May 7,1996(61 FR 20473) EPA modified the extremely hazardous substance (EHS) list under EPCRA §302 by raising the statutory reportable quantities for 202 EHSs and by removing four chemicals, determined not to meet the listing criteria, from the EHS list. The effective date for this rule is July 8, 1996. RCRA "Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Proposed Exclusion" May 20,1996(61 FR 25175) EPA proposed to grant Giant Refining Company's delisting petition to exclude, on a one-time basis, certain solid wastes generated at its facility from the lists of hazardous wastes contained in 40 CFR 261.31 and 261.32. The proposed decision is based on an evaluation of waste-specific information provided by the petitioner. EPA also proposed the use of a fate and transport model (the EPA Composite Model for Landfills (EPACML)) to evaluate the potential impact of the petitioned waste on human health and the environment, based on the waste-specific information. Comments will be accepted until July 5,1996, at Region IV Headquarters. This represents a change from the original location of the docket for this rulemaking. CERCLA "National Priorities List; Whiteford Sales & Service Superfund Site" May3,1996(61 FR 19889) Notice of Intent to Delete "National Priorities List; Bio-Ecology Systems Superfund Site" May 6,1996(61 FR 20202) Notice of Intent to Delete 10 ------- May 1996 Federal Registers "National Priorities List; Carter Lee Lumber Company Superfund Site" May8,1996(61 FR 20785) Notice of Intent to Delete "National Priorities List; Marathon Battery Company Superfund Site" May 10,1996 (61 FR 21422) Notice of Intent to Delete "National Priorities List; Martin Marietta Superfund Site" May 13,1996 (61 EB 22006) Notice of Intent to Delete "National Priorities List; RSR Corporation Superfund Site" May 14,1996(61 FR 24261) Notice of Intent for Partial Deletion and Notice of 30-Day Extension of Public Comment Period NOTICES RCRA "Waste Isolation Pilot Plant Compliance Application Guidance (CAG) Document" May 1,1996 (61 FB19283) EPA developed a Waste Isolation Pilot Plant (WIPP) compliance application guidance document that is intended to be a companion to and based upon the WIPP compliance criteria EPA published on February 9, 1996. The guidance document summarizes and, in some instances, provides non-binding interpretations of the final WIPP compliance criteria. In developing the guidance document, EPA considered public comments on the draft compliance application guidance document that was announced on October 18, 1995. The WIPP compliance application guidance document is now available to the public at the various EPA dockets. "Corrective Action for Releases from Solid Waste Management Units at Hazardous Waste Management Facilities" May 1,1996 (61 FR 19432) This Advanced Notice of Proposed Rulemaking announces EPA's corrective action regulatory strategy for releases from solid waste management units at hazardous waste management facilities under RCRA. EPA also requested information to assist in identifier--son and development of potential improvements to the protectiveness, responsiveness, speed, or efficiency of corrective actions. In addition, EPA included a general status report on the corrective action program and how it has evolved since the July 27, 1990, proposal, and provided guidance on a number of topics not fully addressed in 1990. Lastly, EPA emphasized areas of flexibility within the current program and described program improvements currently underway or under consideration. Comments must be received on or before July 40, 1996. EPA will hold a public hearing on the Notice on June 3, 1996. "Land Disposal Restrictions Phase IV Proposed Rule; Notice of Data Availability" May 10,1996(61 FR 21418) EPA announced the Agency has received additional information that will be considered in developing the final Phase IV rule (60 FR 43654, August 22, 1995). Only comments about the new information discussed in this notice will be considered during the comment period. Comments are due by June 10, 1996. ------- Federal Registers May 1996 NOTICES "Permits Improvement Team Concept Paper on Environmental Permitting and Task Force Recommendations; Notice of Availability" May 10,1996(61 FR21855) The EPA's Permits Improvement Team (PIT) published a concept paper on its environmental permitting and task force recommendations. The PIT was formed in July 1994 to evaluate EPA's permitting programs, both delegated and administered directly, and to develop recommendations to improve the effectiveness and efficiency of the permitting process. The PIT is composed of representatives from EPA Headquarters, Regional offices, and state, tribal, and local permitting agencies. A copy of the PIT concept paper follows the notice of data availability. "Paper Products Recovered Materials Advisory Notice" May 29,1996 (61 FR 26985) EPA provided a notice of the availability of the final Paper Products Recovered Materials Advisory Notice (RMAN) and supporting documents. This notice represents a revision of the 1988 recommendations to government procuring agencies for purchasing paper and paper products containing recovered materials. It addresses issues that were raised by paper manufacturers, merchants, and purchasers during the implementation of the 1988 recommendations and incorporates minimum content standards for uncoated printing and writing papers established by Executive Order. "Hazardous Waste Combustors; Revised Standards; Proposed Rule Notice of Extension of Comment Period" May 30,1996 (61 FR 27038) EPA extended the comment period on the proposed rule for hazardous waste combustors (61 FR 17358; April 19, 1996) 60 days beyond the original deadline. Public comments must be submitted to EPA by August 19, 1996. CERCLA "Urban Soil Lead Abatement Demonstration Project/Three-City Lead Study; Integrated Report; Notice of Availability" May 22,1996 (61 FR 25669) EPA announced the availability of the Integrated Report of the Urban Soil Lead Abatement Demonstration Project, as well as the pertinent underlying data sets and documentation. "Soil Screening Guidance; Notice of Availability" May 31,1996 (61 FR 27349) EPA announced the availability of the Soil Screening Guidance, which provides a framework for developing soil screening levels, focusing primarily on a simple methodology for developing site-specific screening levels, but including generic levels and the option of more detailed modeling. The guidance is intended to be used to screen out portions of sites, exposure pathways, or chemicals of concern from further consideration under CERCLA, assuming that certain conditions exist. 12 ------- May 1996 Federal Registers NOTICES CERCLA/ATSDR "Human Health Studies; Research and Development Grants; Notice of Availability" May8,1996 (61 EB 20821) ATSDR announced the availability of fiscal year 1996 funds for a grant program designed to answer public health questions arising from situations commonly encountered at hazardous waste sites. It is expected that $500,000 will be available in FY 1996 to fund approximately two awards. "Minimal Risk Leve'sJor Priority Substances; Guidance for Derivation" May 23,1996 (61 FR 25873) ATSDR published internal guidance for derivation of minimal risk levels (MRLs) for priority hazardous substances. The guidance represents ATSDR's current approach to deriving MRLs and reflects the most current scientific assessment. Settlements and Consent Decrees "Proposed Consent Decree; American Cyanamid, et al." May 6, 1996 (61 EB 20274) "Proposed De Minimis Settlement; Albion- Sheridan Landfill Superfund Site" May8, 1996(61 FR 20818) "Proposed Administrative Settlement; National Pin Service Superfund Site" May8, 1996(61 F_B 20819) "Response to Comments on Proposed De Minimis Settlements; Peerless Industrial Paint Coatings Superfund Site" May 9, 1996(61 EB21178) "Consent Decrees; Moyer Landfill Superfund Site" May 10, 1996(61 EB21488) "Proposed Consent Decrees; Maryland Sand, Gravel and Stone Superfund Site" May 13, 1996(61 EB 22072) "Proposed Settlement Agreement; Tonolli Corporation Superfund Site" May 13, 1996(61 EB 22073) "Proposed Consent Decree; Basket Creek Drum Disposal Superfund Site" May 13, 1996 (61 EB 22073) "Proposed Consent Decree; Silsonix Superfund Site" May 14,1996 (61 EB 24330) "Proposed Settlement Agreement; Solvents Recovery Service of New England, Inc., Superfund Site" May 15, 1996 (61 FJR24512) "Proposed Consent Decree; Fisher-Calo Superfund Site" May 15, 1996(61 EB24512) "Proposed Consent Decree; Stringfellow Superfund Site" May 20, 1996 (61 EB 25242) 13 ------- Federal Registers May 1996 NOTICES "Proposed Consent Decree; Swissvale Auto Surplus Parts Company Superfund Site" May 20, 1996 (61 F_B 25241) "Consent Decree; Millcreek Dump Superfund Site" May 20, 1996(61 FR 25241) "Proposed Consent Decree; Pesses Company Superfund Site" May 22, 1996 (61 £B 25689) "Proposed Settlement Agreement; Fisher- Calo Superfund Site" May 23, 1996 (61 FR 25890) "Proposed Addition of Parties to Consent Decree; Keystone Sanitation Landfill Superfund Site" May 23, 1996 (61 FB 25890) "Proposed Prospective Purchaser Agreement; San Gabriel Valley Superfund Site" May 28, 1996 (61 EB26515) "Proposed Consent Decree; Eddystone Avenue Superfund Site" May 29, 1996 (61 F_B 26932) "Proposed Consent Decree; Picillo Farm Superfund Site" May 31, 1996 (61 FR 27367) 14 ------- 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 4,817 240 256 164 151 129 11 23 5 6 135 302 364 171 1,624 8,398 : No caller profile data available. 15 ------- Call Analyses May 1996 Emergency Planning and Community Right-to-Know Act/ Superfund Hotline Manufacturers Food/Tobacco 44 Textiles 6 Apparel 4 Lumber & Wood 18 Furniture 23 Paper 22 Printing & Publishing 13 Chemicals 141 Petroleum & Coal 28 Rubber and Plastics 31 Leather 2 Stone, Clay & Glass 13 Primary Metals 25 Fabricated Metals 61 Machinery (Excluding Electrical) 17 Electrical&Electronic Equipment 28 Transportation Equipment 24 Instruments 5 Misc. Manufacturing 265 Subtotal 776 Consultants/Engineers 2,311 Attorneys 172 Citizens 173 Public Interest Groups 8 Educational Institutions 40 EPA 49 Federal Agencies 81 GOCOs 4 Congress 0 State Officials/SERC 41 Local Officials/LEPCs 34 Fire Departments 11 Hospitals/Laboratories 18 Trade Associations 7 Union/Labor 1 Farmers 4 Distributors 15 Insurar Companies 2 Media/P.. is 8 Native Americans 2 International 1 Other 124 Referrals* 212 Transfers to RCRA/UST Hotline* 228 Document Retrieval Line* 0 Message Retrieval Line* 462 * No caller profile data available. TOTAL NUMBER OF CALLERS 6,121 16 ------- May 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 1,248 1,668» 70S1 3861 113 73 3431 62 291 42 62 3781 4111 258 183 88 50 227 157 9891 268 97 130 24 64 153 3131 170 97 67 90 4651 63 35 114 6 141 18 5 13 104 9 SUBTITLE D Household Hazardous Wastes 101 Subtitle D - General 136 Technical Standards 26 Industrial Wastes 21 Municipal Wastes 115 Indian Lands 22 Financial Assurance 7 Solid Waste Recycling/Markets - General 3931 Aluminum 45 Batteries 21 Glass 14 Paper 21 Plastics 25 Tires 18 Used Oil 41 Composting 18 Procurement 40 Source Reduction/Pollution Prevention 40 Grants and Financing 12 TOTAL QUESTIONS 12,299* * Includes 1,898 RCRA document requests. UST General/Misc. 2811 Applicability/Definitions 245 Regulated Substances 78 Standards for New Tank Systems 141' Tank Standards and Upgrading 1461 Operating Requirements 84 Release Detection 1741 Release Reporting & Investigation 67 Corrective Action for USTs 101 Out-of-Service/Closure 46 Financial Responsibility 159' State Programs 44 Liability/Enforcement 35 LUST Trust Fund 17 TOTAL QUESTIONS 1,618* * Includes 1,022 UST document requests. 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. 17 ------- Call Analyses May 1996 EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW General: General Title III Questions 4011 Trade Secrets 22 Enforcement 69 Liability/Citizen Suits 15 Training 48 Chemical-Specific Information 51 Emergency Planning (§§301-303): General 138 Notification Requirements 31 SERC/LEPC Issues 44 EHSs/TPQs 1661 Risk Communication/ Hazards Analysis 17 Exemptions 7 Emergency Release Notification (§304): General - 56 Notification Requirements 51 Reportable Quantities 811 CERCLA § 103 vs. SARA §304 73 ARIP/AHEDB/ERNS 5 Exemptions 13 Hazardous Chemical Reporting (§§311-312): General 115 MSDS Reporting Requirements 76 Tier I/n Requirements 146 Thresholds 100 Hazard Categories 15 Mixtures Reporting 31 Exemptions 33 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 8391 4521 34 120* 60 15 3051 195 39 99 2811 Special Topics: CAA§112 General RMPs List of Regulated Substances Federal Facilities Executive Order 3041 3931 1441 37 TOTAL QUESTIONS 7,158 *Includes 1,556 Emergency Planning and Community Right-to-Know document requests SUPERFUND General/Misc. 186 Access & Information Gathering 31 Administrative Improvements General 85 Environmental Justice/Brownfields 2521 S ACM/Presumptive Remedies 80 Soil Screening Levels 133 Administrative Record 12 ARARs 65 CERCLIS 137 Citizen Suits 6 Claims Against Fund 7 Clean-Up Costs 27 Clean-Up Standards 75 Community Involvement 8 Contract Lab Program (CLP) 14 Contractor Indemnification 5 Contracts 9 Definitions 116 Enforcement 77 Federal Facilities 64 Hazardous Substances 293' HRS 12 Liability 133 Local Gov't Reimbursement 10 Natural Resource Damages 9 NCP 50 Notification 119 NPL 2121 Off Site Rule 12 OSHA 5 PA/SI 14 PRPs 55 RD/RA 23 Reauthorization 31 18 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. ------- May 1996 Call Analyses Remedial 120 Removal 34 RI/FS 48 Risk Assess./Health Effects 73 ROD 41 RQ 2421 Settlements 47 SITE Program 3 State Participation 12 State Program 6 TAGs 1 Taxes 11 Special Topics Oil Pollution Act 12 SPCC Regulations 13 Radiation Site Cleanup 38 TOTAL QUESTIONS 3,068* "Includes 274 Superfund document requests. TOTAL HOTLINE QUESTIONS AND DOCUMENT REQUESTS: 24,143 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 ------- |