EPA530-R-96-002f
SUB-9224-96-006
MONTHLY HOTLINE REPORT
June 1996
RCRA, Super-fund & EPCRA
Hotline Questions and Answers
Resource Conservation and Recovery Act (RCRA) 1
Underground Storage Tanks (UST) 2
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) 8
Federal Registers
Final Rules 11
Proposed Rules 13
Notices 14
Call Analyses
Caller Profiles 19
Hotline Topics 21
RCRA, Superfund & EPCRA
National Toll-Free No.: 800-424-9346
Local: 703-412-9810
TDD National Toll-Free No.: 800-553-7672
This report is prepared and submitted in support of Contract No. 68-W6-0016.
Judi Kane, 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
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
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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 SUB-9224-96-001
February 1996
March 1996
April 1996
May 1996
June 1996
SUB-9224-96-002
SUB-9224-96-003
SUB-9224-96-004
SUB-9224-96-005
SUB-9224-96-006
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.
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HOTLINE QUESTIONS AND ANSWERS
RCRA
1. Tank Storage at Transfer Facilities
A transfer facility is a place where
transporters temporarily hold shipments of
hazardous waste during the normal course of
transportation (40 CFR §260. JO). A
transporter storing manifested shipments of
hazardous waste in containers meeting DOT
packaging requirements at a transfer facility
for less than 10 days is not required to obtain
a permit and is not subject to the requirements
of Parts 264, 265, or 268 (§263.12). May a
transporter store hazardous waste in
stationary tanks at a transfer facility and still
remain subject to the reduced transfer facility
requirements of §263.12?
A transporter may not store hazardous
waste in stationary tanks and still remain
subject to the reduced transfer facility
requirements because such tanks are not
portable. To store hazardous waste at a
transfer facility without a permit or interim
status, the transporter must meet three criteria.
First, the transporter may store only
manifested shipments of hazardous waste.
Second, waste must be held in containers
(including tank cars and cargo tanks) which
meet DOT packaging requirements.
Container is defined to mean any portable
device in which a material is stored,
transported, treated, disposed of, or otherwise
handled (40 CFR 260.10). Finally, the waste
may only be held for 10 days or less
(§263.12). The transfer facility provisions,
therefore, apply to storage in portable
containers (to accommodate the normal and
routine activities of the transportation
industry). Storage of waste in stationary tanks
at a transfer facility would not be a normal or
routine activity of the transportation industry
and thus is prohibited unless the facility has a
permit or interim status (45 FR 86967;
December 21, 1980).
2. Delay of Closure for Non-retrofitted
Hazardous Waste Surface
Impoundments Continuing to
Receive Non-hazardous Waste
RCRA requires owners and/or operators
of surface impoundments that become subject
to regulation due to the promulgation of a new
hazardous waste listing or characteristic to
retrofit the impoundment to meet minimum
technological requirements — a double liner,
a leachate collection and removal system, and
a leak detection system — or close within four
years of the promulgation date of the listing or
characteristic (3005(j)(6)). If the owner and/
or operator of a newly-subject surface
impoundment ceases receipt of hazardous
waste before the four years have elapsed and
wants to receive only non-hazardous waste,
must she first perform closure under 40 CFR
Part 265, Subpart G?
No, the owner and/or operator may
continue to receive non-hazardous waste
indefinitely in the impoundment provided she
complies with §265.113(d) and removes all
hazardous waste from the unit (§265.113 (e)).
She would not have to perform formal closure
activities until 90 days after final receipt of
non-hazardous waste (§265.113(a)).
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Questions and Answers
June 1996
However, if the owner and/or operator does not
remove all hazardous waste from the
impoundment, she must begin closure within
90 days of expiration of the four-year
retrofitting period. The Regional
Administrator may extend this deadline if
removal of the hazardous waste will of
necessity take longer than 90 days and such an
extension will not pose a threat to human
health and the environment (§265.113(e)).
For example, a surface impoundment stores
a waste which becomes subject to regulation as
a result of the promulgation of the toxicity
characteristic waste codes on March 29, 1990
(55 FR 11798). The owner and/or operator
must retrofit or close the unit by March 29,
1994. If in 1992, the owner and/or operator
decides to cease receipt of the hazardous
waste, but wants to continue receiving non-
hazardous waste, she must remove all of the
hazardous waste. Once she has removed all of
the hazardous waste, she may receive non-
hazardous waste indefinitely. When the owner
and/or operator later ceases receipt of non-
hazardous waste, for example on January 1,
1996, she must then begin closure operations
within 90 days, or by March 31,1996. If the
owner and/or operator chooses not to remove
the hazardous waste, and does not receive an
extension from the Regional Administrator,
she must then begin closure within 90 days of
the expiration of the four-year retrofitting
period, in this example 90 days from
March 24, 1994, or June 24, 1994.
3. Hazardous Waste Liquid-containing
Pumps and the Liquids in Landfills
Prohibition
RCRA prohibits the disposal of hazardous
waste containing free liquids in hazardous
waste landfills, where free liquids are defined
as those that readily separate from the solid
portion of a waste under ambient temperature
and pressure (40 CFR 260.10). To meet this
requirement, must owners and/or operators
disposing of pumps containing free liquids
dismantle the pump to remove the liquid?
Owners and/or operators would not be
required to dismantle the pump. When
disposing of containerized liquids, owners and/
or operators have three options: remove the
liquid by a method such as decanting; add
nonbiodegradable sorbent material or solidify
the waste so that free liquids are no longer
observable; or eliminate the free liquids by
some other means (§§264.314(d)(l) and
265.314(c)(l)). The regulations provide
exclusions from this requirement for small
containers, such as ampules, and containers
designed to hold free liquids for use other than
storage, such as batteries or capacitors
(§§264.314(d)(2)-(3) and 265.314(c)(2)-(3)).
Since the pump holds liquid for use other than
storage, the owner and/or operator of the pump
will be exempt from the requirement to remove
or sorb free liquids.
4. Frequently Asked Questions on the
Applicability of the 40 CFR Part 280
Underground Storage Tank
Regulations
The Pan 280 regulations apply to owners
and/or operators of UST systems. How are
UST systems defined?
An UST system, or tank system, means an
underground storage tank, connected
underground piping, underground ancillary
equipment, and containment system, if any
(§280.12).
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June 1996
Questions and Answers
Would the pump attached to an UST be
considered part of that tank system, and
therefore subject to Part 280?
If underground, the pump meets the
definition of ancillary equipment, which
includes, but is not limited to, piping, fittings,
flanges, valves, and pumps used to distribute
meter, or control the flow of regulated
substances to and from an UST and is subject
to the regulations (§280.12).
Is there an exclusion from the Part 280
regulations for an UST of a certain size?
Yes, any UST system with capacity of 110
gallons or less is excluded from the
requirements of Part 280 (§280.10).
To be subject to Part 280, USTs must
contain "regulatedsubstances." What is a
regulated substance under the UST
regulations?
A regulated substance is any substance
defined in §101(14) of CERCLA (but does not
include any substance regulated as a hazardous
waste under Subtitle C), and petroleum,
including crude oil or any fraction thereof that
is liquid at standard conditions of temperature
and pressure (§280.12).
How is an UST storing fuel for use in
emergency power generators regulated?
An UST storing fuel solely for use by
emergency power generators is deferred from
the release detection requirements in Subpart D
of Part 280 (§280.10). Owners and operators
of these systems, however, must comply with
the requirements in all other subparts of Part
280 (September 23, 1986; 53 ER 37113).
Would an UST at a residence be subject to
Part 280 regulations?
A farm or residential tank of 1,100 gallons
or less capacity used for storing motor fuel for
noncommercial purposes is not included in the
definition of an UST, and would therefore not
be subject to the Part 280 regulations
(§280.12).
If an UST is storing heating oil, is it
subject to the Part 280 regulations?
The UST is not subject to the Part 280
regulations if the heating oil is stored for
consumptive use on the premises where stored
(§280.12). Consumptive use includes heating
as a typical use of the fuels, but does not limit
the exclusion to fuels so used. Tanks holding
heating oil for any on-site use, such as heating
or to power a generator, are exempted from
federal regulation (September 23, 1986; 53 FR
37117). State and local regulations may be
more stringent.
5. Automatic Tank Gauging
Requirements
Owners and/or operators of underground
storage tanks (USTs) must comply with release
detection requirements in 40 CFR Part 280,
Subpart D. Effective leak detection for USTs
allows owners and/or operators to respond
quickly to signs of leaks. Owners and/or
operators of petroleum USTs may use an
automatic tank gauging system (ATGS) as an
acceptable method for compliance with
monthly leak detection requirements
(§280.4I(a)). An ATGS can test for leaks and
can also be used to measure product inventory.
If an owner and/or operator conducts monthly
leak detection using an ATGS, will a daily
product inventory measurement need to be
taken as well?
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Questions and Answers
June 1996
All ATGS permanently installed on or after
December 22, 1990, must be capable of
detecting a 0.2 gallon per hour leak rate within
a month with a probability of detection (Pd) of
0.95 and a probability of false alarm (Pfa) of
0.05 (§280.40(a)(3)). An ATGS, or any other
alternative leak detection method
(§280.43(h)(l)), capable of meeting these
performance standards would obviate the
regulatory requirements for inventory control
under §280.43(d), including the need for the
owner and/or operator to conduct a daily
product inventory measurement.
However, an owner and/or operator using
an ATGS not meeting the Pd/Pfa requirements
will need to conduct and record a product
inventory measurement or use another test of
equivalent performance every day that fuel is
added or removed from the UST- This daily
measurement is required in addition to testing
for the loss of product each month
(§280.43(d)(2)). Records documenting
monitoring activities, whether recorded
automatically by the ATGS or manually by the
owner and/or operator, must be maintained for
at least one year (§280.45). Owners and/or
operators of USTs should contact their state or
implementing agency to determine if more
stringent regulations apply.
6. Use of Insurance and State Funds to
Fulfill UST Financial Responsibility
Owners and/or operators of petroleum
underground storage tank (UST) systems are
required to demonstrate financial
responsibility for corrective action by using the
mechanisms outlined in 40 CFR Subpart H.
Insurance policies (§280.97) and state funds
(§280.101) are two of the methods that may be
used to fulfill this requirement. However,
these mechanisms often include deductible
amounts that must be paid by the tank owner.
Could a one million dollar insurance plan or
state fund that includes a deductible serve as
the sole means of demonstrating UST financial
responsibility, or does an owner or operator
need to obtain additional coverage for the
deductible amount?
A single insurance policy that covers the
entire $1 million or $2 million sum may be
used to demonstrate financial responsibility.
EPA alleviated the problem of an uncovered
deductible by requiring that insurance for
underground storage tanks provide "first
dollar" coverage (§280.97(b)(2)). In other
words, insurers are liable for the entire sum of
the policy including the amount of the
deductible. This does not preclude them from
allotting such a charge, it simply makes it the
insurer's responsibility to recover the
deductible amount from the policy holder.
This type of coverage ensures that corrective
actions will not be stalled or halted because an
owner or operator cannot meet the deductible
(53 EB 43349; October 26, 1988).
State funds may also be used as the sole
method of demonstrating financial
responsibility if they provide for the full sum
required, though this is often not the case. For
example, many state funds apply deductibles
without providing first dollar coverage. In
these cases, the state funds can be approved as
partial financial responsibility mechanisms, but
owners and/or operators must use an additional
device (like a surety bond) to cover the
difference (53 FR 43354; October 26, 1988).
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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 Toil-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 (for OSW's faxback numbers) and follow the instructions
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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: Agency
Proposes to Authorize Hazardous Waste
Management to Indian Tribes
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA530-F-96-033
This fact sheet summarizes EPA's proposal to
authorize tribal governments to implement
RCRA, Subtitle C hazardous waste programs.
The proposed rule also provides for tribal
eligibility to obtain federal grants to support
the development and implementation of such
programs under RCRA §3011.
TITLE: Environmental Fact Sheet: EPA
Implements the OECD Decision on
Transfrontier Movements of Recyclable
Wastes
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA530-F-95-027
This fact sheet outlines the decision by the
Organization for Economic Cooperation and
Development (OECD) which established a
graduated control system for the transfrontier
movement of waste destined for recovery
operations. The decision identifies an
extensive array of wastes which are subject to
different procedural controls depending on
their placement on one of three lists — green,
amber, or red.
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New Publications
June 1996
TITLE: Environmental Fact Sheet: Standards
Issued for Nonmunicipal Solid Waste Units
that Receive CESQG Hazardous Waste
AVAILABILITY: Hotline/Faxback
EPA ORDER NO.: EPA530-F-96-036
OSW FAXBACK NO.: 30033
This fact sheet provides an overview of the
new regulations promulgated under 40 CFR
Part 257 for nonhazardous waste disposal
facilities that may receive CESQG or
household hazardous waste. Units subject to
40 CFR Part 257 will be subject to location
restrictions, groundwater monitoring
requirements, and corrective action standards.
CERCLA
TITLE: Procedures for Partial Deletions at
NPL Sites
AVAILABILITY: NTIS
NTIS ORDER NO.: PB96-963 222
The document Procedures for Partial Deletions
at NPL Sites defines the requirements for
partial deletions at NPL sites. On
November 1, 1995 (60 FR 55466), EPA
published a notice of policy change allowing
EPA to delete releases at portions of NPL
sites. Prior to this policy change, EPA's
policy had been to delete releases only after
evaluation of the entire site. This guidance
document provides direction for
implementation of the partial deletion policy,
as well as a sample partial deletion policy
Federal Register notice; a partial NPL site
deletion Data Collection Form, a sample
partial deletion map; and an example partial
deletion notice of intent to delete.
TITLE: Revised Guidance on CERCLA
Settlements with De Micromis Waste
Contributors
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: N/A
This revised guidance supersedes EPA's
Guidance on CERCLA Settlements with De
Micromis Waste Contributors, issued on
July 30, 1993. It consists of a memorandum
and seven attachments which are designed to
provide guidance on using CERCLA's
settlement authorities to resolve the liability of
potentially responsible parties (PRPs) who
have contributed even less hazardous
substances to a site than the traditional de
minimis party.
TITLE: Interim Guidance on Orphan Share
Compensation for Settlers of Remedial Design/
Remedial Action and Non-Time-Critical
Removals
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: N/A
This guidance provides Regions with further
direction to address orphan share
compensation in Superfund settlement. It is
the latest installment in the Clinton
Administration's commitment to reform
Superfund. This guidance strikes a balance
between the budgetary constraints of a lapse in
Superfund taxing authority and the desire to
provide meaningful reform
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June 1996
New Publications
TITLE: Fact Sheet: Progress on Superfund
Reforms
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: N/A
This fact sheet reports on significant progress
EPA has made in implementing several
Superfund reforms. It announces guidance on
orphan share, de micromis settlements,
Regional Ombudsman, and site-specific
special accounts.
TITLE: Fact Sheet: Revised De Micromis
Guidance EPA Reducing Transaction Costs for
Small Volume Contributors
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: N/A
This fact sheet gives a brief overview of the
recently issued guidance, which supersedes
EPA's 1993 guidance on de micromis
settlements.
TITLE: Fact Sheet: Special Accounts
Accruing Interest on Settlement Funds
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: N/A
This fact sheet gives a brief overview of EPA's
recently announced special accounts set up to
hold settlement funds at Superfund sites for
use in the future. These accounts are now
interest-bearing.
TITLE: Fact Sheet: Orphan Share Reform
EPA Increasing Fairness in the Enforcement
Process
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: N/A
This fact sheet gives a brief overview of EPA's
intentions to offer over $50 million of past
costs and projected oversight costs to
compensate for a portion of the orphan share
based on settling parties' willingness to
perform work.
TITLE: Fact Sheet: Regional Ombudsman
Providing a Meaningful Forum for Stakeholder
Concerns
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: N/A
This fact sheet discusses EPA's establishment
of a Superfund Ombudsman in each of the ten
Regions. Each Ombudsman will serve as a
direct point of contact for the public on
Superfund concerns. The Ombudsmen report
to a top regional management official and have
access to resolve stakeholder concerns.
TITLE: Technical Support Services for
Superfund Site Remediation and RCRA
Corrective Action, Third Edition
AVAILABILITY: NTIS
NTIS ORDER NO.: PB92-205 657
This document highlights the significant EPA
technical assistance programs that are available
to EPA field staff. Technical programs with
procedures in place for processing assistance
requests are listed. This document will enable
staff to quickly identify resources useful for
solving specific hazardous waste clean-up
problems. Categories of services listed in the
document include technical support sources
and brokers, automated information systems,
and other sources of information.
TITLE: Handbook Recycling and Reuse of
Material Found on Superfund Sites
AVAILABILITY: Office of Research and
Development
EPA ORDER NO.: EPA625-R-94-004
This document provides assistance in
identifying potential recycling technologies for
a wide variety of contaminants and matrices.
The intent of this handbook is to assist
pollution prevention efforts by encouraging
recycling and reuse of wastes found on
Superfund or Resource Conservation and
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New Publications
June 1996
Recovery Act (RCRA) Corrective Action sites.
This document highlights specific
technologies, and their real-world applications
through case studies.
EPCRA
TITLE: Risk Management Planning:
Accidental Release Prevention — Final Rule:
Clean Air Act Section 1 12(r)
AVAILABILITY: Hotline
EPA ORDER NO.: EPA550-F-96-002
EPA published a set of four fact sheets
discussing the history and statutory authority
for the accidental release prevention provisions
under CAA§112(r). This fact sheet outlines
major elements of the Risk Management Plan,
details which facilities must comply with these
elements, and explains the links between CAA
RMP requirements and OSHA Process Safety
Management Standards.
TITLE: List of Substances for Accidental
Release Prevention — Clean Air Act Section
AVAILABILITY: Hotline
EPA ORDER NO.: EPA550-F-96-003
EPA published a set of four fact sheets which
discuss the history and statutory authority for
the accidental release prevention provisions
under CAA § 1 12(r). This fact sheet provides
an overview regarding which chemicals were
incorporated into the list of substances for
accidental release prevention that was
published in the January 31, 1994 Federal
Register (59 FR 4478).
TITLE: Chemical Accident Prevention and
the Clean Air Act Amendments of 1990
AVAILABILITY: Hotline
EPA ORDER NO.: EPA550-F-96-004
EPA published a set of four fact sheets
discusses the history and statutory authority for
the accidental release prevention provisions
under CAA § 112(r). This fact sheet
summarizes the basic requirements that
facilities must comply with according to CAA
§ 112(r). It lists the elements of the prevention
program, details which facilities are affected
by the program, and provides information on
compliance dates.
TITLE: Clean Air Act Section 112(r) —
Excerpts from Statute
AVAILABILITY: Hotline
EPA ORDER NO.: EPA550-F-96-005
EPA published a set of four fact sheets which
discuss the history and statutory authority for
the accidental release prevention provisions
under CAA § 112(r). This fact sheet includes
relevant statutory excerpts, definitions of key
terms, and an overview of the list of substances
and their corresponding threshold quantities.
TITLE: Risk Management Plan Data
Elements: May 1996 Version
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA550-B-96-012
The CAA §112(r) Risk Management Program
regulations will require certain facilities with
regulated substances to submit risk
management plans. This document serves as
final guidance listing the data elements that
should be included in a risk management plan.
TITLE: Risk Management Plan Data
Elements Instructions: May 1996 Version
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA550-B-96-012a
The CAA § 112(r) Risk Management Program
regulations will require certain facilities with
regulated substances to submit risk
management plans. This document serves as
final guidance describing each data element in
a risk management plan.
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June 1996
New Publications
TITLE: Generic Guidance Risk Management
Program (RMP) for Ammonia Refrigeration
Facilities: May 1996 Version
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA550-B-96-013
This generic guidance was developed to help
owners and operators of ammonia refrigeration
facilities comply with the EPA's CAA § 112(r)
Risk Management Program regulations. It is
intended to assist facility owners or operators
in developing adequate risk management
programs for their facilities. This document
also serves as guidance for facilities that
already have safety and prevention programs in
place in order to ensure that their plans meet
the CAA § 112(r) requirements.
TITLE: Offsite Consequence Analysis
Guidance: May 1996 Version
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA550-B-96-014
Under the accidental release provisions of the
Clean Air Act, all regulated sources are
required to conduct worst-case release
analyses. This document serves as final
guidance to assist sources in conducting offsite
consequence analyses and alternative release
analyses. The document provides methods and
reference tables to aid in determining
consequence distances.
TITLE: Integrated Contingency Plan ("One
Plan") Guidance
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: N/A
The National Response Team (NRT) has
developed Integrated Contingency Plan (ICP)
Guidance to facilitate the consolidation of
multiple contingency plans, coordinate .facility
activities with those of public and commercial
responders, and simplify the maintenance of
contingency plans. It presents a sample
contingency plan outline which includes a plan
introduction, a core plan, and a series of
annexes.
TITLE: 1994 Toxics Release Inventory Public
Data Release: Executive Summary
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA745-S-96-001
This document summarizes the information
contained in the 1994 Toxics Release
Inventory Public Data Release, which is
generated from information contained in the
TRI database. It summarizes the data collected
for 1994, and provides comparisons to basic
data for 1992 and 1993. The report contains
information about releases and transfers of
toxic chemicals, as well as prevention and
management of toxic chemicals in waste.
TITLE: 1994 Toxics Release Inventory Public
Data Release: State Fact Sheets
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA745-F-96-001
This document is designed as a companion
volume to EPA's 1994 Toxics Release
Inventory Public Data Release. The fact sheets
in the document summarize the 1994 Toxics
Release Inventory (TRI) data for each state.
Each fact sheet includes a map of the state
indicating the location of each covered facility,
the amount of on-site releases, and the five
chemicals with the largest quantity of releases.
Contacts for additional information are also
presented.
TITLE: 1994 Toxics Release Inventory Public
Data Release
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA745-R-96-002
This document, which is generated from
information contained in the TRI database,
summarizes data collected for 1994 and
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New Publications June 1996
compares basic data from 1992 and 1993. It
includes information about releases and
transfers of toxic chemicals, prevention and
management of toxic chemicals in waste, and
year-to-year comparisons of the data. It also
contains questions and answers relating to TRI,
and a list of state contacts for additional
information.
10
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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 Toil-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
"Hazardous Waste Treatment, Storage,
and Disposal Facilities and
Hazardous Waste Generators;
Organic Air Emission Standards for
Tanks, Surface Impoundments, and
Containers"
June 5,1996 (61 FR 28508)
EPA postponed the effective date of the
organic air emission requirements for
hazardous waste generators and hazardous
waste treatment, storage, and disposal
facilities established in the December 6, 1994
final rule (59 FR 62896). The new effective
date is October 6, 1996.
"Nevada: Final Authorization of State
Hazardous Waste Management
Program Revisions"
June 24,1996 (61 FR 32345)
EPA determined that the revisions made to
the Nevada hazardous waste program satisfy
all of the requirements to qualify for final
authorization under the Resource
Conservation and Recovery Act as amended.
"Final Authorization of State
Hazardous Waste Management
Program: Nebraska"
June 25,1996 (61 FR 32699)
EPA determined that the revisions made to
the Nevada hazardous waste program satisfy
all of the requirements to qualify for final
authorization under the Resource
Conservation and Recovery Act as amended.
The changes consist of provisions within rules
promulgated between July 1, 1985, and
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Federal Registers
June 1996
Final Rules
June 30, 1990 (Non-HSWA Clusters II and.
HI; and HSWA Clusters I and II).
"Land Disposal Restrictions Phase ill -
Decharacterized Wastewaters,
Carbamate Wastes, and Spent
Potliners"
June 28,1996 (61 FR 33680)
EPA corrected technical errors in the Land
Disposal Restrictions Phase HI final rule and
the partial withdrawal notice published on
Aprils, 1996(61FR15565).
"Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Recycled Used Oil
Management Standards"
June 28,1996 (61 FR 33691)
On January 19, 1996, the United States Court
of Appeals for the District of Columbia
Circuit vacated the Environmental Protection
Agency's (EPA) October 30, 1995,
administrative stay of part of the regulatory
provision, known as the "used oil mixture
rule," set forth in 40 CFR 279.10(b)(2). In
this action EPA clarified the regulatory status
of mixtures of used oil and hazardous wastes
destined for recycling in light of the Court's
vacatur of the administrative stay. This action
also eliminated the explanatory note to 40
CFR 279.10(b)(2) that was included in the
notice of the administrative stay. In addition,
EPA discussed a recent proposal that may
' affect such mixtures.
CERCLA
"National Priorities List; Newport
Dump Super-fund Site"
June 3,1996(61 FR 27788)
EPA announced the deletion of the Newport
Dump Site, located in Wilder, Kentucky, from
the National Priorities List. The Agency
published a notice of its intent to delete the
site on May 16, 1988, and published a revised
notice 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.
"National Priorities List; Waste
Disposal Engineering Superfund Site"
JuneS, 1996(61 FR 28511)
EPA announced the deletion of the Waste
Disposal Engineering Site, located in
Andover, Minnesota, from the National
Priorities List. The Agency published a notice
of its intent to delete the site on March 26,
1996 (61 FR 13131). 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.
"Acquisition Regulation; Bonds and
Insurance"
June 11,1996 (61 FR 29493)
EPA is removing from the EPA Acquisition
Regulation clauses regarding insurance for
liability to third parties for Superfund
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June 1996
Federal Registers
response action contractors. This rule
eliminates coverage and clauses on Insurance,
Liability to Third Persons for commercial
organizations and state and local governments
performing as response action contractors in
Superfund. These clauses were rendered
obsolete by EPA's Final Guidelines for
Superfund Response Action Contractor
Indemnification published on January 25,
1993.
"National Priorities List; New Castle
Spill Superfund Site"
June 12, 1996 (61 FR 29678)
EPA announced the deletion of the Waste
Disposal Engineering Site, located in New
Castle, Delaware, from the National Priorities
List. The Agency published a notice of its
intent to delete the site on March 21, 1996 (59
FR 11597). EPA and the State of Delaware
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"
June 17,1996 (61 FR 30510)
EPA published the National Priorities List
identifying the national priorities among the
known releases or threatened releases of
hazardous substances, pollutants, or
contaminants throughout the United States.
This rule adds thirteen new sites to the
National Priorities List.
CAA
"Risk Management Program for
Accidental Release Prevention"
June 20,1996 (61 FR 31668)
EPA announced regulations applicable to all
stationary sources with processes that contain
more than a threshold quantity of a regulated
substance to prevent accidental releases and
reduce the severity of those releases that do
occur. Processes are divided into three
categories based on the potential for offsite
consequence associated with a worst-case
accidental release; accident history; or
compliance with the prevention requirements
under OSHA's Process Safety Management
Standard. All sources must prepare a risk
management plan based on the risk
management programs established at the
source.
"Stay of Effectiveness; List of
Regulated Substances and Thresholds
for Accidental Release Prevention"
June 20,1996 (61 FR 31730)
EPA announced a stay of effectiveness of
provisions that are potentially affected by the
proposed List Rule Amendments (61 FR
16606; April 15, 1996). Under the stay,
owners and, operators of processes and sources
that the proposed amendments would exempt
from the § 112(r) Risk Management Program
requirements are not subject to those
provisions until EPA has determined whether
to proceed with proposed amendments.
PROPOSED RULES
RCRA
"Authorization of Indian Tribe's
Hazardous Waste Programs Under
RCRA Subtitle C"
June 14,1996 (61 FR 30472)
EPA clarified the eligibility of Tribal
Governments to obtain authorization to
implement a Subtitle C hazardous waste
program under RCRA §3006, and to obtain
federal grants to support the development and
implementation of such a program under
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Federal Registers
June 1996
RCRA §3011. This proposal identified the
standards and procedures that would govern
the submission and review of Indian Tribes'
authorization applications. It also discussed
the circumstances under which Tribes could be
approved to operate a partial Subtitle C
hazardous waste program.
"Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Proposed
Exclusion"
June 25,1996 (61 FR 32746)
EPA proposed to grant a petition to Bekaert
Steel Corporation of Rogers, Arkansas, to
exclude (or "delist") certain solid wastes
generated at its facility from the lists of
hazardous wastes contained in 40 CFR 261.31
and 261.32.
"Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Proposed
Exclusion"
June 25,1996 (61 £R 32753)
EPA proposed to grant a petition to Texas
Eastman Division of Eastman Chemical
Company to exclude (or "delist") certain solid
wastes generated at its facility from the lists of
hazardous wastes contained in 40 CFR 261.24,
261.31, 261.32 and 261.33.
CERCLA
"National Priorities List; Leetown
Pesticides Superfund Site"
June 14,1996 (61 FR 30207)
Notice of Intent to Delete
"National Priorities List"
June 17,1996 (61 FR 30575)
EPA proposed to add 15 new sites to the
National Priorities List.
"National Priorities List; Omega Hills
Landfill Site"
June 25,1996 (61 FR 32765)
Notice of Intent to Delete
EPCRA
"Toxic Chemical Release Reporting;
Addition of Facilities in Certain
Industry Sectors"
June 27,1996 (61 FR 33588)
EPA proposed to expand the list of industry
groups potentially subject to the toxic chemical
release inventory (TRI) reporting requirements
under §313 of the Emergency Planning and
Community Right-to-Know Act and §6607 of
the Pollution Prevention Act. Seven industry
groups are proposed for inclusion in the TRI:
metal mining, coal mining, electric utilities,
commercial hazardous waste treatment,
chemicals and allied products-wholesale,
petroleum bulk stations-wholesale, and solvent
recovery services. Written comments on the
proposed rule must be received on or before
August 26, 1996.
NOTICES
RCRA
"Interim Policy on Compliance
Incentives for Small Businesses"
June 3,1996 (61 FR 27984)
EPA Office of Enforcement and Compliance
Assurance issued its Final Policy on
Compliance Incentives for Small Businesses.
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June 1996
Federal Registers
NOTICES
The policy sets guidelines for the Agency to
reduce or waive penalties for small businesses
that make good faith efforts to correct
violations, and provides guidance for states
and local governments to offer incentives for
compliance.
"Utah; Final Determination of
Adequacy of State/Tribal Municipal
Solid Waste Permit Program"
June 13,1996 (61 FR 30065)
EPA determined that Utah's Municipal Solid
Waste Landfill (MSWLF) program is adequate
to ensure compliance with the revised federal
MSWLF Criteria (40 CFR Part 258).
"Kansas; Final Full Program
Determination of Adequacy of State/
Tribal Municipal Solid Waste Landfill
Permit Program"
June 24,1996 (61 FR 32434)
EPA determined that Kansas' Municipal
Solid Waste Landfill (MSWLF) program is
adequate to ensure compliance with the
revised federal MSWLF Criteria (40 CFR Part
258).
"Nebraska; Final Full Program
Determination of Adequacy of State/
Tribal Municipal Solid Waste Landfill
Permit Program"
June 24,1996 (61 FR 32436)
EPA determined that Nebraska's Municipal
Solid Waste Landfill (MSWLF) program is
adequate to ensure compliance with the
revised federal MSWLF Criteria (40 CFR Part
258).
"Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Notice of Extension
of Delisting Delegation to Regions"
June 25,1996 (61 FR 32798)
On October 10, 1995, the EPA Administrator
extended the delegation of the hazardous waste
delisting authority to EPA's 10 Regional
Offices. This notice provides a list of Regional
delisting contacts.
EPCRA
"Toxic Chemical Release Reporting;
Addition of Industry Groups; Public
Meeting"
June 27,1996 (61 FR 33619)
EPA announced two public meetings to be
held in August to discuss the Agency's
proposal to subject facilities in certain industry
groups to TRI reporting under EPCRA §313.
CAA
"Risk Management Program for
Accidental Release Prevention"
June 20,1996 (61 FR 31733)
EPA issued three guidance documents to
assist in the development of risk management
programs. Guidance available includes "RMP
Offsite Consequence Analysis Guidance,"
"Model Risk Management Program and Plan
for Ammonia Refrigeration," and "Risk
Management Plan Data Elements."
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Federal Registers
June 1996
NOTICES
National Response Team
"Integrated Contingency Plan
Guidance"
JuneS, 1996(61 FB 28642)
EPA announced the availability of the
National Response Team's Integrated
Contingency Plan ("One Plan") Guidance.
The guidance is intended to provide a
mechanism for consolidating multiple
emergency response plans prepared by
facilities in compliance with various
regulations into a single functional emergency
response plan, or integrated contingency plan.
"Integrated Contingency Plan
Guidance; Notice of Correction"
June 19,1996 (61 EB31103)
The National Response Team (NRT)
published corrections to the notice published
on June 5, 1996 (61 FR 28642), which
announced the availability of the NRT's
Integrated Contingency Plan ("One Plan")
Guidance.
Settlements and Consent Decrees
"Proposed Consent Decree; Cabot
Carbon/Koppers Superfund Site"
June 5, 1996 (61 FR 28596)
"Proposed Consent Decree; Union Scrap
III Superfund Site"
June 10, 1996 (61 F_B 29427)
"Proposed Consent Decree; Fisher-Calo
Superfund Site"
June 10,1996 (61 EB 29426)
"Consent Decrees; ABC Barrel and Drum
Company Sites"
June 10, 1996 (61 FR 29426)
"Prospective Purchaser Agreement
Settlement; Calhoun Park Area
Superfund Site"
June 11, 1996(61 FR 29562)
"Proposed De Minimis Settlement;
Conservation Chemical Company of
Illinois Superfund Site"
June 12, 1996 (61 FR 29754)
"Proposed Partial Consent Decree; Bohaty
Drum Superfund Site"
June 12, 1996 (61 F_B 29763)
"Proposed Settlement for Cost Recovery;
Waukegan Paint and Lacquer Company,
Inc. Superfund Site"
June 13, 1996 (61 FR 30067) .
"Proposed Consent Decrees; United
Heckathorn Superfund Site"
June 13, 1996 (61 FR 30097)
"Consent Decrees; Windsor Manor
Superfund Site"
June 14, 1996 (61 FR 30257)
"Prospective Purchaser Agreement
Settlementflndiana Woodtreating
Corporation Superfund Site"
June 19, 1996(61 F_B 31110)
"Proposed Consent Decree; Byron Barrel
and Drum Superfund Site"
June 25,1996 (61 EB 32857)
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June 1996
Federal Registers
NOTICES
"Proposed Consent Decree; Bayou
Bonfouca Superfund Site"
June 26, 1996 (61 FR. 33138)
"Proposed Consent Decree; Ciba-Geigy
Corporation Manufacturing Plant Site"
June 26, 1996 (61 FR 33138)
"Proposed Consent Decree; Sanitary
Landfill Superfund Site"
June 26, 1996 (61 FR 33139)
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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
4,347
208
193
136
129
101
7
15
3
2
107
249
360
156
1,019
7,032
1 No caller profile data available.
19
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Call Analyses
June 1996
Emergency Planning and Community Right-to-Know Act/
Superfund Hotline
Manufacturers
Food/Tobacco 90
Textiles 31
Apparel 23
Lumber & Wood 43
Furniture 44
Paper 48
Printing & Publishing 38
Chemicals 240
Petroleum & Coal 56
Rubber and Plastics 74
Leather 15
Stone, Clay & Glass 27
Primary Metals 58
Fabricated Metals 121
Machinery (Excluding Electrical) 42
Electrical&Electronic Equipment 59
Transportation Equipment 53
Instruments 25
Misc. Manufacturing 422
Subtotal 1,509
Consultants/Engineers 3,092
Attorneys 342
Citizens 288
Public Interest Groups 25
Educational Institutions 54
EPA 78
Federal Agencies 145
GOCOs 33
Congress 2
State Officials/SERC 66
Local Officials/LEPCs 41
Fire Departments 13
Hospitals/Laboratories 31
Trade Associations 17
Union/Labor 1
Farmers 8
Distributors 25
Insurance Companies 6
Media/Press 12
Native Americans 7
International 2
Other 242
Referrals* . 266
Transfers to RCRA/UST Hotline* 237
Document Retrieval Line* 0
Message Retrieval Line* 403
* No caller profile data available.
TOTAL NUMBER OF CALLERS 6,945
20
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June 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
1,028
1,463'
6221
3051
85
69
2751
45
247
31
40
3051
3381
214
128
58
35
174
112
8321
215
71
87
15
42
864'
106
2521
139
79
50
76
4021
55
36
81
6
123
9
7
14
97
11
SUBTITLED
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 2,098 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 699 UST document requests.
86
100
20
16
88
15
4
3241
34
14
11
19
18
15
30
11
75
43
8
10,174*
2591
218
60
1231
1211
74
1461
50
84
38
1381
34
28
14
1,387*
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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Call Analyses
June 1996
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
General:
General Title III Questions 4941
Trade Secrets 27
Enforcement 86
Liability/Citizen Suits 22
Training 33
Chemical-Specific Information 62
Emergency Planning (§§301-303):
General 147
Notification Requirements 33
SERC/LEPC Issues 48
EHSs/TPQs 1631
Risk Communication/
Hazards Analysis 19
Exemptions 9
Emergency Release Notification (§304):
General 59
Notification Requirements 66
Reportable Quantities 961
CERCLA § 103 vs. SARA §304 86
ARIP/AHEDB/ERNS 8
Exemptions 12
Hazardous Chemical Reporting
(§§311-312):
General 114
MSDS Reporting Requirements 75
Tier I/E Requirements 151
Thresholds 109
Hazard Categories 10
Mixtures Reporting 27
Exemptions 34
Toxic Chemical Release Inventory (§313):
General
Reporting Requirements
Thresholds
Form R Completion
Supplier Notification
NOTEs/NOSEs/NONs
Voluntary Revisions
Pollution Prevention 33/50
Public Access to Data
TRI Database
Petitions
TRI Expansion
Exemptions
9731
1,262»
5811
1,49s1
40
1281
119
20
3461
217
89
143
3511
Special Topics:
CAA§112
General
RMPs
List of Regulated Substances
Federal Facilities Executive Order
3171
4571
1281
43
TOTAL QUESTIONS 8,697
"Includes 2,394 Emergency Planning and Community
Right-to-Know document requests
SUPERFUND
General/Misc. 168
Access & Information Gathering 29
Administrative Improvements
General 151
Environmental Justice/Brownfields 2031
S ACM/Presumptive Remedies 59
Soil Screening Levels 161
Administrative Record 9
ARARs 54
CERCLIS 119
Citizen Suits 2
Claims Against Fund 3
Clean-Up Costs 23
Clean-Up Standards 71
Community Involvement 9
Contract Lab Program (CLP) 13
Contractor Indemnification .2
Contracts 7
Definitions 129
Enforcement 68
Federal Facilities 52
Hazardous Substances 2831
HRS 8
Liability 129
Local Gov't Reimbursement 3
Natural Resource Damages 6
NCP 52
Notification 108
NPL 2021
Off Site Rule 14
OSHA 2
PA/SI 11
PRPs 61
RD/RA 19
Reauthorization 23
22
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.
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June 1996 Call Analyses
Remedial 113
• Removal 20
RI/FS 49
Risk Assess./Health Effects 70
ROD 37
RQ 2241
Settlements 45
SITE Program 11
State Participation 6
State Program 8
TAGs 2
Taxes 7
Special Topics
Oil Pollution Act 22
SPCC Regulations 8
Radiation Site Cleanup 24
TOTAL QUESTIONS 2,899*
""Includes 1,026 Superfund document requests.
TOTAL HOTLINE QUESTIONS
AND DOCUMENT REQUESTS: 23,157
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.
23
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