EPA530-R-96-002g
SUB-9224-96-007
MONTHLY HOTLINE REPORT
July 1996
RCRA, Superfund & 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) 3
Clean Air Act (CAA) §112(r) 3
Emergency Planning and Community Right-to-Know (EPCRA) 5
New Publications
Resource Conservation and Recovery Act (RCRA) 7
Underground Storage Tanks (UST) 8
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) 8
Emergency Planning and Community Right-to-Know (EPCRA) 9
Federal Registers
Final Rules 11
Proposed Rules 12
Notices 12
Call Analyses
Caller Profiles 19
Hotline Topics 21
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 Oixon, 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
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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
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Emergency Response -> OSW (RCRA) -->
RCRA: General --> RCRA/UST, Superfund &
EPCRA Hotline Reports.
Monthly Hotline Reports are also available through
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National Technical Information Service
(NTIS)
The Monthly Hotline Report can be ordered
through NTIS at (703) 487-4650. The NTIS
order numbers are as follows:
Yearly Subscription SUB-9224
January 1996
February 1996
March 1996
April 1996
May 1996
June 1996
July 1996
SUB-9224-96-001
SUB-9224-96-002
SUB-9224-96-003
SUB-9224-96-004
SUB-9224-96-005
SUB-9224-96-006
SUB-9224-96-007
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. Regulation of Leachate Collection
Sumps
Section 3004(o) of RCRA requires that
owners/operators of new, replacement, and
lateral expansions of hazardous waste
landfills equip the units with two or more
liners, a leak detection system, and a leachate
collection and removal system (LCRS) above
and between the liners. The LCRS between
the liners must be equipped with a sump to
collect the leachate that has percolated
through the unit, and a liquid removal device,
such as a pump, to move the leachate to a
storage unit (40 CFR §264.301(c)(3)(v)). Is
this leachate collection sump considered a
tank subject to the hazardous waste tank
regulations of Part 264/265, Subpart J?
No, a sump used to collect leachate in a
landfill is not a hazardous waste tank subject
to the tank standards in Part 264/265, Subpart
J. Although most sumps meet the definition
of a tank, leachate collection sumps do not.
EPA changed the definition of "sump" in the
January 29, 1992, Federal Register to reflect
this distinction. Leachate collection sumps are
defined differently because, unlike other
sumps, they are an integral part of the unit's
liner system, surrounded by layers of liners;
additional containment is often impracticable
and unnecessary, and would yield little
environmental benefit (57 FR 3471;
January 29, 1992).
Only the actual collection sump is excluded
from the federal definition of tank. Any unit
subsequently used to manage the leachate may
be regulated. For example, when a facility
pumps the hazardous waste leachate from the
collection sump into a storage tank, that tank
is subject to full regulation under Part 2647
265, Subpart J.
UST
2. Frequently Asked Questions on
Upgrading of Existing Underground
Storage Tanks (USTs)
The federal underground storage tank
(UST) regulations under 40 CFR Part 280
require owners and operators to upgrade,
replace, or close existing USTs, those
installed prior to December 22, 1988, by
December 22, 1998. What are the elements of
the federal upgrading requirement?
The upgrading regulations require owners
and operators of existing USTs to retrofit all
existing tanks with spill and overfill
equipment to protect against releases during
transfers of regulated substances (§280.2 l(d)).
Owners and operators of existing steel tanks
and metal piping must also install corrosion
protection equipment to prevent releases into
the environment (§§280.21(b) and (c)). All
existing tank systems must now be provided
with release detection (§280.40).
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Questions and Answers
July 1996
What are the upgrading requirements for
existing USTs constructed of fiber glass?
Existing fiberglass USTs must meet the
upgrading requirements only for spill and
overfill equipment. Existing tanks and piping
made out of fiberglass already meet the
corrosion protection upgrading requirements
(§280.2l(b) and (c)).
Do tanks that hold only small amounts of a
regulated substance have to be retrofitted with
spill and overfill equipment?
USTs that never receive greater than 25
gallons of a regulated substance at any one
time are exempt from the requirement to be
fitted with spill and overfill equipment
(§280.20(c)(2)(ii)).
What records must an owner or operator
keep when an existing UST is upgraded?
An owner or operator of an existing tank
upgraded to meet the corrosion protection
requirements must keep documentation of
operation and maintenance of the corrosion
protection equipment (§280.34(b)). If an
owner or operator chooses to close an existing
UST instead of upgrading, he or she must
notify the implementing agency 30 days prior
to permanent closure and keep documentation
of the results of the site investigation
conducted at permanent closure (§280.34(a)
and (b)).
3. Closure Requirements for Tanks Not
Upgraded by 1998
Existing underground storage tanks (USTs)
(i.e., tanks installed before December 22,
1988) must meet certain spill, overfill, and
corrosion protection requirements by
December 22, 1998. An owner/operator who
does not upgrade or replace an UST by this
date must close the existing UST according to
40 CFR, Part 280, Subpart G (§280.2l(a)). If
an owner/operator chooses to permanently
close the UST, when must the closure be
completed?
Permanent closure of the UST must be
completed by December 22, 1998
(§280.21(a)(3)). To perform permanent
closure under Subpart G, the owner/operator
must notify the regulatory authority at least 30
days before the UST is taken out of service for
closure or replacement. The tanks must be
emptied and cleaned of liquids, dangerous
vapor levels, and accumulated sludge, and can
either be removed from the ground or filled
with a harmless and chemically inactive solid.
The owner/operator must perform a site
assessment to determine if releases from the
UST have contaminated the surrounding
environment; however, vapor or groundwater
monitoring records may be used in lieu of the
site assessment to determine if a release has
occurred (§280.71). If contamination is found
during the site assessment the owner/operator
must begin corrective action in accordance
with 40 CFR, Part 280, Subpart F
(§280.72(b)); but corrective action itself would
not need to be completed prior to
December 22, 1998. If the existing UST has
not been upgraded or has not been properly
closed by the 1998 deadline, the facility may
be cited for violations and fined. States may
have UST closure requirements more stringent
than the federal requirements.
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July 1996
Questions and Answers
CERCLA
4. CERCLA §103(a) Notification for
Contamination Discovered During a
Site Inspection
CERCLA §103(a) requires immediate
notification to the National Response Center
(NRC)for releases of hazardous substances in
quantities equal to or greater than the
reportable quantity (RQ). If hazardous
substances are discovered during site
assessment or audit activities, does the
CERCLA §103(a) notification provision
apply? If so, who is required to notify?
CERCLA §103(a) notification
requirements apply as soon as a "person in
charge" has knowledge of a release of a
hazardous substance equal to or greater than
the RQ. As part of normal real estate
transactions, site assessments (e.g., Phase I
environmental assessments) are often
performed as a requirement for obtaining a
loan from a lending institution. For instance,
lending institutions must ensure that all
appropriate inquiry into a site is performed
prior to purchase as a defense against potential
liability (CERCLA §§107(b)(3), 101(35)(B)).
In the course of conducting all appropriate
inquiry, information regarding a release of a
hazardous substance may become available. If
the amount is greater than or equal to the RQ
for any hazardous substance, the person in
charge of the facility is required to comply
with the notification provisions under
CERCLA §103(a) (54 FR 34238; August 18,
1989).
The person in charge of a particular facility
may vary according to the nature of the
incident. EPA has not defined the term person
in charge and believes that proper assignment
of reporting responsibilities depends on the
site-specific operation involved, management
structure, and other case specific
considerations (50 FR 13460; April 4, 1985).
If the person in charge is unsure whether a RQ
of a hazardous substance has been released due
to the lack of information about contamination
found at a site, EPA encourages the person in
charge to notify the NRC immediately (55 FR
8676; March 8, 1990).
5. Partial Deletion of National Priorities
List Sites
The National Priorities List (NPL) is
EPA's list of uncontrolled hazardous
substance releases that are priorities for long-
term remedial evaluation and response. EPA
may delete releases from the NPL with state
concurrence when it determines that no further
response is appropriate under CERCLA (40
CFR §300.425(e)). Most NPL sites are the
result of multiple releases. Is the cleanup of
each release at an NPL site required for a site
to be deleted from the NPL?
EPA's policy is that portions of NPL sites
may be deleted if those releases qualify for
deletion (60 FR 55466; November 1, 1995).
Prior to November 1, 1995, EPA policy had
been to delete releases only after evaluation of
the entire site, once the entire site met the NPL
deletion requirements specified in §300.425(e).
Total site cleanup can take many years,
while individual releases can often be cleaned
up and made available for productive use in
considerably less time. Waiting to delete sites
from the NPL until after evaluation of the
entire site does not communicate the
successful cleanup of portions of sites.
Furthermore, potential investors or developers
may be reluctant to undertake economic
activity at a cleaned-up portion of property that
is part of a site that remains listed on the NPL.
For this reason, EPA will now delete portions
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Questions and Answers
July 1996
of sites where no further response is
appropriate for that portion of the site. A
portion of a site can be a geographic unit,
including a residential unit or a specific
environmental medium (e.g., groundwater).
These partial deletions will take place
according to the National Contingency Plan
requirements in 40 CFR §300.425(e). Thus,
state concurrence will continue to be a
requirement for any partial deletion.
In addition to initiating the partial deletion
of releases at NPL sites, the Agency will also
consider petitions to delist portions of sites.
Any person may submit such a petition,
including individuals, business entities, states,
local governments, and other federal agencies.
Individuals need not follow any specific format
in submitting petitions. EPA will consider any
petition that is submitted in writing.
Petitioners should note that the primary
purpose of the NPL is to serve as an
informational and management tool. Whether
property is part of an NPL site is unrelated to
CERCLA liability because neither NPL listing
nor deletion assigns liability to any party or to
the owner of any specific property. CERCLA
§107 sets forth broad liability provisions
associated with releases of hazardous >
substances without reference to NPL listing or
deletion. As with entire sites, deleted portions
of sites remain eligible for further Fund-
financed remedial actions should future
conditions warrant such action.
CAA
6. Frequently Asked Questions on the
CAA of §112(r) Requirements
Who is subject to the accidental release
prevention regulations under CAA §112(r)?
An owner or operator of a stationary source
that has more than a threshold quantity of a
regulated substance in a process is required to
comply with the CAA § 112(r) requirements
(40 CFR §68.10). The applicable threshold
quantities are listed in 40 CFR §68.115.
When must risk management plans (RMPs)
be submitted?
For chemicals currently found on the list of
regulated substances (40 CFR §68.130),
compliance with 40 CFR Part 68 requirements,
including submission of RMPs, is required by
June 21, 1999, or the date on which a regulated
substance is first present above a threshold
quantity in a process (whichever is later). For
substances subsequently added to the list, the
due date for RMP submission will be three
years after the date on which a regulated
substance is added to the list (40 CFR §68.10).
Are there any industry-wide exemptions
from the accidental release prevention
provisions and risk management program
regulations?
The only industry-wide exemption is for
ammonia held by farmers for use as an
agricultural nutrient (40 CFR §68.125). This
exemption only applies to farmers as fanners
and does not apply to other participants in the
fertilizer industry. Otherwise, owners or
operators of stationary sources are subject to
the accidental release prevention requirements
if any process at the stationary source contains
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July 1996
Questions and Answers
a regulated substance in excess of the
applicable threshold quantity (40 CFR §68.10).
A stationary source is subject to the
Occupational Safety and Health Act (OSHA)
process safety management (PSM) standard
for chlorine. The stationary source does not,
however, exceed the threshold for chlorine (or
any other regulated substance) in a process
under the risk management program
regulations (40 CFR §68.130). Is the
stationary source subject to the risk
management requirements?
No. An owner or operator of a stationary
source that is subject to the OSHA PSM
standard is subject to the risk management
program requirements only if he or she has
more than a threshold quantity of a regulated
substance in a process (40 CFR §68.10(a)).
7.
EPCRA
EPCRA §313 and Certification
Signatures
Both the Toxic Chemical Release Inventory
Reporting Form R and the Toxic Chemical
Release Inventory Certification Statement
require a certification signature in Part I,
Section 3 of the respective form. May a
representative from a consulting firm that
prepares a Form R or Certification Statement
for a covered facility sign the certification in
lieu of the covered facility's owner or
operator?
No. A representative from a consulting
firm preparing a Form R or a Certification
Statement for a covered facility cannot sign the
certification in Part I, Section 3 of either the
Form R or the Certification Statement. The
certification must be signed by the owner or
operator, or a senior management official
employed by the facility subject to EPCRA
§313 toxic chemical release inventory
reporting. Senior management official means
an official with management responsibility for
the person or persons completing the report, or
the manager of environmental programs for the
facility or establishments, or for the
corporation owning or operating the facility or
establishments responsible for certifying
similar reports under the other environmental
regulatory requirements (40 CFR §372.3).
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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 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 documents) 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: Cost and Economic Impact Analysis
of the Conditionally Exempt Small Quantity
Generator (CESQG) Rulemaking
AVAILABILITY: NTIS
NTIS ORDER NO.: PB96-190 707
This document presents the costs and
economic impact analysis developed for EPA's
rule on nonmunicipal solid waste disposal
facilities that receive CESQG hazardous
wastes. It discusses parties affected by this
rulemaking and potential effects on small
businesses.
TITLE: Environmental Fact Sheet: 1995
Update Published on Solid Waste Management
in the U.S.
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-96-035
This fact sheet announces the release of
Characterization of Municipal Solid Waste in
the United States: 1995 Update. It summarizes
the amount of waste generated, the impact of
waste prevention and recycling, and how waste
generation affects the global climate.
TITLE: Environmental Fact Sheet: Recycling
Municipal Solid Waste: 1995 Facts and
Figures
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-96-034
This fact sheet describes ten of the primary
components of the municipal solid waste
(MSW) stream, along with their generation
rate, the percentage of the MSW stream they .
compose, and their recovery rate.
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New Publications
July 1996
TITLE: The Hazardous Waste Facility
Permitting Process
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA530-F-96-007
This document briefly defines hazardous
wastes and hazardous waste management
facilities in non-technical terms. It lists laws
and regulations governing treatment, storage,
and disposal facilities (TSDFs). The
document also describes requirements and
procedures for permitting and public
participation.
TITLE: Hazardous Waste Requirements for
Large Quantity Generators
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA530-F-96-032
This document explains the procedures for
identifying hazardous wastes, determining
generator categories, obtaining EPA
identification numbers, preparing waste for
shipment off site, obtaining manifests,
managing hazardous waste on site, reporting,
recordkeeping, complying with land disposal
restrictions, and following import/export
requirements. This information is intended to
facilitate generator compliance with the RCRA
regulations.
TITLE: List of Municipal Landfills
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA530-R-96-006
This document includes state profiles listing
the name and county locations of each active
municipal landfill. The document provides
information on 3,581 landfills as well as state
contacts for additional information on the
facilities.
TITLE: Understanding the Hazardous Waste
Rules: A Handbook for Small Businesses
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA530-K-95-001
This handbook provides an overview to help
small business owners and operators
understand how best to comply with federal
hazardous waste management regulations. It
defines the three categories of hazardous waste
generators — small, large, and conditionally
exempt, and assists small quantity generators
in determining if federal regulations apply.
The document describes the requirements for
obtaining an EPA identification number,
managing waste on site, and shipping waste off
site. The handbook contains lists of state
hazardous waste management agencies, EPA
and other federal resource centers, and EPA
regional contacts.
TITLE: Pay-For-Performance Cleanups:
Effectively Managing Underground Storage
Tank Cleanups
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA510-B-96-002
Pay-for-performance cleanup agreements pay
contractors a fixed price as measurable
environmental goals are reached. Pay-for-
performance agreements produce speedier
cleanups that protect public health and the
environment sooner. This publication provides
an introduction to how to design and
implement a pay-for-performance cleanup
program.
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July 1996
New Publications
CERCLA
TITLE: Health Effects Assessment Summary
Tables
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-921 101
This November 1995 document supplements
the May 1995 Annual Health Effects Summary
Tables (HEAST) for use at both Superfund and
RCRA sites. It is intended to update the
information in the May 1995 HEAST only.
The changes in this version reflect changes in
the integrated risk information system through
September 6, 1995. It is current with RfD/RfC
and CRAVE Work Group activities through
September 1, 1995.
TITLE: Initiatives to Promote Innovative '
Technology in Waste Management Programs
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-963 507
EPA continues to emphasize the use of
innovative technologies at CERCLA sites.
This directive describes several initiatives to
facilitate the testing, demonstration, and use of
innovative cleanup and field measurement
technologies. The document outlines the
Agency's objectives and progress in
implementing the new technologies and
methods.
TITLE: Information Needs of Capital
Providers in Brownfields Redevelopment
AVAILABILITY: Environmental Financial
Advisory Board, (202) 260-1020
This document identifies and makes
recommendations on the informational needs
of capital providers in redevelopment
transactions of contaminated industrial and
commercial sites, known as "brownfields".
The document primarily addresses the needs of
lenders who provide capital for the
redevelopment projects.
TITLE: Financing Brownfields
Redevelopment: Linkages to the
Empowerment Zone/Enterprise Community
Program
AVAILABILITY: Environmental Financial
Advisory Board, (202) 260-1020
This document looks at opportunities for urban
brownfields redevelopment in the context of
the federal Empowerment Zone/Enterprise
Community (EZ/EC) Program. This report
seeks to determine whether, and to what
extent, urban communities participating in this
program could serve as pilots for developing •
and implementing financing strategies for
brownfields redevelopment. EZ/ECs profiled
in this report include Baltimore, Philadelphia,
New York City, Los Angeles, Kansas City, and
Houston.
TITLE: Financing Strategies for Brownfields
Redevelopment
AVAILABILITY: Environmental Financial
Advisory Board, (202) 260-1020
This document examines financing strategies
that can help revitalize brownfields. The
report lays out a seven stage process for
brownfields redevelopment, depicts the
economic redevelopment potential of
brownfields, presents a wide variety of
financing strategies currently being used in
brownfields redevelopment, and provides case
studies where these financing strategies have
been applied to real-life situations.
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New Publications
July 1996
TITLE: EFAB Indianapolis Meeting on
Financing Brownfields Redevelopment
AVAILABILITY: Environmental Financial
Advisory Board, (202) 260-1020
This document summarizes the meeting held in
Indianapolis to discuss ideas and experiences
on the legal, real estate, regulatory, economic
development, community, and environmental
issues faced in brownfields cleanup and
redevelopment. Meeting speakers and
attendees provided information for evaluating
financing barriers and various strategies related
to brownfields cleanup and redevelopment.
EPCRA
TITLE: 1996 International Hazardous
Material Spills Conference: Conference
Program
AVAILABILITY: Hotline
EPA ORDER NO.: EPA550-R-96-001
This agenda to the 1996 International
Hazardous Material Spills Conference lists the
speakers, the specific dates and times of
activities planned, and provides brief
summaries of the topics to be presented. The
document also includes a map of the hotel and
convention center, a list of exhibitors,
conference resources, and an evaluation form.
TITLE: 1996 International Hazardous
Material Spills Conference: Case Studies
AVAILABILITY: Hotline
EPA ORDER NO.: N/A
This document contains a compilation of case
studies used during the conference as a
teaching guide for emergency responders.
Each case study presents an introduction,
background, problem, response and epilogue.
A set of discussion questions are also included
to enhance understanding of the case, and to
stimulate discussion about decisions faced by
the responders.
TITLE: Chemical Safety for Your
Community: Grant Products You Can Use
AVAILABILITY: Hotline
EPA ORDER NO.: EPA550-K-96-001
To reinforce SERCs and TERCs in their
leadership, EPA/CEPPO awards annual grants
for specific projects in chemical emergency
planning and accident prevention. Since
1990, CEPPO has given grants to 47 states,
the District of Columbia, Puerto Rico, the
Virgin Islands, and 21 tribes. Projects carried
out in one state/tribe are often useful for
another state/tribe. This booklet includes
descriptions of grant products, complete with
contact names. The document contains
information on building an LEPC, compliance
with laws and regulations, management of
electronic data, and communication with local
facilities about chemical risk and ways to
reduce it.
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 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
"Criteria for Classification of Solid
Waste Disposal Facilities and
Practices; Identification and Listing
of Hazardous Waste; Requirements
for Authorization of State Hazardous
Waste Programs; Final Rule"
July 1,1996(61 FR 34251)
EPA revised existing criteria for solid waste
disposal by establishing standards for non-
municipal non-hazardous-waste disposal units
that accept conditionally exempt small
quantity generator (CESQG) waste. These
facilities will be subject to location
restrictions as well as groundwater monitoring
and corrective action requirements. This rule
also clarified the hazardous waste disposal
options for CESQGs under Subtitle D of
RCRA by expressing that municipal solid
waste landfills subject to Part 258 and non-
municipal non-hazardous waste landfills
subject to this part were the only possibilities.
"Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Final Exclusion"
July 18,1996 (61 EB 37397)
EPA granted United Technologies
Automotive, Inc. a petition to delist a solid
waste generated by their chemical stabilization
treatment of lagoon sludge at the Highway 61
Industrial Site in Memphis, Tennessee.
"South Dakota: Final/Interim
Authorization of State Hazardous
Waste Management Program
Revisions"
July 24,1996 (61 EB 38392)
Notice of State Authorization
11
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Federal Registers
July 1996
"Final Authorization of State
Hazardous Waste Management
Program: Kansas"
July 29,1996 (61 FR 39353)
Notice of State Authorization
EPCRA
"Toxic Chemical Release Reporting;
Hydrochloric Acid"
July 25, 1996 (61 FR 38600)
EPA modified hydrochloric acid on the list
of toxic chemicals subject to EPCRA §313
reporting. Facilities are no longer obligated to
report releases of and other waste
management information on non-aerosol
forms of hydrochloric acid that occurred
during the 1995 reporting year, and for
activities in the future. Facilities that have
already filed a Form R report for hydrochloric
acid may revise or withdraw their submissions
based on this modification. Revisions and .
withdrawal requests must be submitted no
later than October 15,1996.
"Toxic Chemical Release Reporting;
Diethyl Phthalate"
July 29,1996 (61 FR 39356)
EPA deleted diethyl phthalate (DEP) (CAS
No. 84-66-2) from the list of toxic chemicals
subject to EPCRA §313 reporting. EPA
concluded that DEP meets the deletion criteria
ofEPCRA§313(d)(3). Facilities are no
longer obligated to report releases of and other
waste management information on DEP that
occurred during the 1995 reporting year, and
for activities in the future.
"Toxic Chemical Release Reporting;
Di-(2-ethylhexyl) Adipate"
July 31,1996 (61 FR 39891)
EPA deleted di-(2-ethylhexyl) adipate
(DEHA) (CAS No. 103-23-1), also known as
bis(2-ethylhexyl) adipate, from the list of toxic
chemicals subject to EPCRA §313 reporting.
EPA concluded that DEHA meets the deletion
criteria of EPCRA §313(d)(3). Facilities are
no longer obligated to report releases of and
other waste management information on
DEHA that occurred during the 1995
reporting year, and for activities in the future.
PROPOSED RULES
RCRA
"Requirements for Management of
Hazardous Contaminated Media
(HWIR-media); Proposed Rule - Notice
of Extension of Comment Period"
July 1,1996 (61 FR 33881)
EPA extended the comment period of the
Proposed Rule from July 29, 1996, until
August 28, 1996.
NOTICES
RCRA
"Agency Information Collection
Activities: Submission for OMB
Review; Comment Request; the 1997
Hazardous Waste Report (Biennial
Report) Under the Resource
Conservation and Recovery Act
(RCRA)"
July 3,1996 (61 FR 34809)
EPA announced that an Information
Collection Request (ICR) for the 1997
12
-------
July 1996
Federal Registers
NOTICES
Hazardous Waste Report was forwarded to the
Office of Management and Budget for review
and approval.
"Land Disposal Restrictions Phase III -
Decharacterized Wastewaters,
Carbamate Wastes, and Spent
Potliners"
July 10,1996(61 FR 36419)
The Office of the Federal Register issued
editorial corrections to the Final Rule
published on April 8, 1996.
"Underground Injection Control
Program; Hazardous Waste Injection
Restrictions; Petition for Exemption -
Class I Hazardous Waste Injection;
Disposal Systems Inc., (DSI)"
July 15,1996 (61 FR 36879)
EPA granted DSI a modification of the
exemption to the land disposal restrictions for
the Class I injection wells located in Deer
Park, Texas.
"Underground Injection Control
Program; Hazardous Waste Land
Disposal Restrictions; Petition for
Exemption - Class I Hazardous Waste
Injection Well; Rollins Environmental
Services of Louisiana, Inc., (Rollins)"
July 15,1996 (61 FR 36879)
EPA granted Rollins a modification of the
exemption to the land disposal restrictions for
the Class I injection well located at the
Plaquemine, Louisiana, facility.
"Underground Injection Control
Program; Hazardous Waste Injection
Restrictions; Petition for Exemption -
Class I Hazardous Waste Injection;
Disposal Systems of Corpus Christ!,
Inc., (DSICC)"
July 15,1996 (61 FR 36880)
EPA granted DSICC a modification of the
exemption to the land disposal restrictions for
the Class I injection well located in Corpus
Christi, Texas.
"Notice of Final Decision to Grant
Chemical Waste Management, Inc., a
Modification of an Exemption from the
Land Disposal Restrictions of the
Solid Waste Disposal Amendments of
1984 Regarding Injection of Hazardous
Wastes"
July 15,1996 (61 FR 36880)
EPA granted Chemical Waste Management a
modification of the exemption to the land
disposal restrictions for the Class I injection
well located at the facility in Vickery, Ohio.
"Underground Injection Control
Program Hazardous Waste Injection
Restrictions; Petition for Exemption -
Class I Hazardous Waste Injection;
EMPAK, Inc., (EMPAK)"
July 15,1996(61 FR 36881)
EPA granted EMPAK a modification of the
exemption to the land disposal restrictions for
the Class I injection well located at the facility
in Deer Park, Texas.
13
-------
Federal Registers
July 1996
NOTICES
"Underground Injection Control
Program Hazardous Waste Injection
Restrictions; Petition for Exemption -
Class I Hazardous Waste Injection
Well-Chemical Waste Management,
Inc., (CWMI)"
July 16,1996 (61 FR 37051)
EPA granted CWMI a modification of the
exemption to the land disposal restrictions for
the Class I injection well located at the facility
in Port Arthur, Texas.
"Notice of Availability of Permits
Improvement Team; Concept Paper on
Environmental Permitting and Task
Force Recommendations; Final Draft
Recommendation"
July 19,1996(61 EB 37744)
EPA announced the availability of the
document "Concept Paper on Environmental
Permitting and Task Force
Recommendations".
"Land Disposal Program Flexibility Act
of 1996 - Surface Impoundment Study"
July 25,1996 (61 FR 38684)
EPA explained a request for data and
comments in order to complete a study of
potential risks to human health and the
environment resulting from the management of
decharacterized wastes in surface
impoundments with a discharge under the
Clean Water Act or Class I injection wells
regulated under the Safe Drinking Water Act.
This study will be prepared pursuant to the
Land Disposal Flexibility Act of 1996.
"Agency Information Collection
Activities for Boilers and Industrial
Furnaces"
July 29,1996 (61 FR 39448)
EPA announced a plan to submit a continuing
Information Collection Request (ICR) for data
dealing with boilers and industrial furnaces to
the Office of Management and Budget (OMB)
for review and approval.
"Information Collection Request Solid
Waste Disposal Criteria (Renewal)"
July 30,1996 (61 FR 39641)
EPA announced that an Information
Collection Request (ICR) dealing with Solid
Waste Disposal Criteria will be forwarded to
the Office of Management and Budget (OMB)
for review and approval.
CERCLA
"National Priorities List; Martin Marietta
Aluminum Company Superfund Site"
July 5,1996 (61 F_R 35137)
Notice of Intent to Delete
"National Priorities List; Arsenic
Trioxide Superfund Site"
JulyS, 1996(61 FR 35137)
Notice of Intent to Delete
"National Priorities List; Carter Lee
Lumber Company Superfund Site"
July 9,1996 (61 F_R 35962)
Notice of Intent to Delete
14
-------
July 1996
Federal Registers
NOTICES
"National Priorities List; Pomona Oaks
Well Contamination and Vineland
State School (Vineland Development
Center) Superfund Sites"
July 15,1996(61 FR 36858)
Notice of Intent to Delete
"National Priorities List; Bonneville
Power Administration (BPA)/Ross
Complex Superfund Site"
July 18,1996 (61 FR 37435)
Notice of Intent to Delete
"National Priorities List; St. Augusta
Landfill/Engen Dump Superfund Site"
July 22,1996 (61 FR 37875)
Notice of Intent to Delete
"National Priorities List; McChord Air
Force Base Washrack Treatment Area
Superfund Site"
July 22,1996 (61 FR 37877)
Notice of Intent to Delete
"National Priorities List; Alaskan
Battery Enterprises Superfund Site"
July 26,1996 (61 FR 39080)
Notice of Intent to Delete
"National Priorities List; Howe Valley
Landfill Superfund Site"
July 26,1996 (61 FR 39081)
Notice of Intent to Delete
"National Priorities List; AMP
Superfund Site"
July 26,1996 (61 FR 39104)
Notice of Intent to Delete
"National Priorities List; Oak Grove
Sanitary Landfill Superfund Site"
July 29,1996 (61 FR 39383)
Notice of Intent to Delete
"Administrative Records of CERCLA
Response Actions"
July 30,1996 (61 FR 39646)
Notice of Availability
ATSDR
"Draft Priority List of Hazardous
Substances; Department of Energy
National Priorities List Sites"
July 24,1996 (61 FR 38451)
The Agency for Toxic Substances and
Disease Registry (ATSDR) prepared a priority
list of hazardous substances found on certain
Department of Energy NPL sites. The list is
based on the substances' frequency of
occurrence, toxicity, and human exposure
potential. The list will serve as a tool for
prioritizing the selection of candidate
substances for the potential development of
lexicological profiles by ATSDR.
"National Priorities List; Quarterly
Public Health Assessments and
Addendum"
July 25,1996 (61 FR 38754)
ATSDR compiled a list of all Superfund sites
where a public health assessment or an
15
-------
Federal Registers
July 1996
NOTICES
addendum to a public health assessment was
completed during the period of January 1996
through March 1996.
DOI
"Natural Resource Damages
Assessments; Type B Procedures"
July 16, 1996 (61 F_B 37031)
The Department of the Interior (DOI) solicits
comments on potential revisions to the
administrative process and type B procedures
for natural resource damages assessment. The
regulations provide procedures that federal,
state, and Tribal natural resource trustees may
use to develop plans for restoring injured
natural resources and to determine appropriate
compensation due from potentially responsible
parties (PRPs) as defined by CERCLA.
Settlements and Consent Decrees
"Consent Decree; Brewster Well Field
Superfund Site"
July 1, 1996 (61 F_B 33944)
"Proposed Prospective Purchaser
Agreement; Upper Animas Mining District
Superfund Site"
July 9, 1996(61 FB 36057)
"Proposed Settlement; Tulalip Landfill
Superfund Site"
July 9, 1996(61 FB 36058)
"Consent Decree; Asarco Smelter
Operable Unit of the Commencement
Bay Nearshore/Tideflats Superfund Site"
July 9, 1996(61 F_B 36081)
"Proposed Prospective Purchaser
Agreement; National Mine Tailings
Superfund Site"
July 10, 1996(61 FR 36378)
"Consent Decrees; Lemberger Superfund
Sites"
July 10, 1996 (61 F_B 36394)
"Consent Decree; Osage Metals
Superfund Site"
July 10, 1996(61 FR 36394)
"Proposed De Minimis Settlements;
Chemical Handling Corporation
Superfund Site"
July 16, 1996 (61 FR 37052)
"Settlement Agreement; Casmalia
Resources Hazardous Waste Disposal
Facility Superfund Site"
July 17, 1996(61 £R 37285)
"Proposed Agreement and Covenant Not
to Sue; Osage Metals Superfund Site"
July 18, 1996 (61 FR 37471)
"Proposed De Minimis Settlement; Hansen
Container Superfund Site"
July 19,1996 (61 F_B 37745)
"Proposed Administrative Cost Recovery
Settlement; Midwest United Industries,
Inc. Superfund Site"
July 19, 1996 (61 FB 37745)
"Proposed Settlement; Union Steel
Products, Inc. Superfund Site"
July 22,1996(61 FB 37893)
16
-------
July 1996 Federal Registers
NOTICES
"Consent Decree; Traub Battery and Body
Shop Superfund Site"
July 23, 1996(61 FR38215)
"Proposed Settlement; L.H. Inc. Superfund
Site"
July 25, 1996(61 FR 38733)
"Proposed Administrative Settlement;
Black Hawk Iron and Metals Superfund
Site"
July 30, 1996(61 FR 39645)
"Consent Decree; Limestone Road
Superfund Site"
July 30, 1996 (61 FR 39665)
"Consent Decree; Central Landfill
Sgperfund Site"
July 31, 1996(61 FR 39985)
17
-------
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
4,596
207
254
147
143
104
7
17
3
2
110
213
273
124
645
6,845
* No caller profile data available.
19
-------
Call Analyses
July 1996
Emergency Planning and Community Right-to-Know Act/
Superfund Hotline
Manufacturers
Food/Tobacco 215
Textiles 51
Apparel 29
Lumber & Wood 66
Furniture 69
Paper 63
Printing & Publishing 45
Chemicals 325
Petroleum & Coal 79
Rubber and Plastics 86
Leather . 18
Stone, Clay & Glass 46
Primary Metals 86
Fabricated Metals 267
Machinery (Excluding Electrical) 70
Electrical&Electronic Equipment 86
Transportation Equipment 68
Instruments 31
Misc. Manufacturing 661
Subtotal 2,361
Consultants/Engineers 4,285
Attorneys 436
Citizens 295
Public Interest Groups 30
Educational Institutions 45
EPA 93
Federal Agencies 203
GOCOs 43
Congress 7
State Officials/SERC 97
Local Officials/LEPCs 47
Fire Departments 7
Hospitals/Laboratories 25
Trade Associations 28
Union/Labor 2
Farmers 3
Distributors 12
Insurance Companies 3
Media/Press 11
Native Americans 1
International 7
Other 338
Referrals* 269
Transfers to RCRA/UST Hotline* 230
Document Retrieval Line* 0
Message Retrieval Line* 350
* No caller profile data available.
TOTAL NUMBER OF CALLERS 9,228
20
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July 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
885
1,323'
56V
3101
95
54
2581
56
232
34
38
2881
3211
202
130
54
36
168
104
7481
179
60
78
11
49
7821
109
2271
132
86
48
70
3931
53
43
91
14
133
12
8
10
106
11
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 2,406 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 644 UST document requests.
93
98
19
9
83
14
6
3081
36
13
10
35
. 23
18
17
10
46
54
19
9,513"
2661
203
53
1181
1151
78
1421
47
73
42
1281
31
30
11
1,297"
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
-------
Call Analyses
July 1996
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
General:
General Title III Questions 4461
Trade Secrets 36
Enforcement 136
Liability/Citizen Suits 34
Training 13
Chemical-Specific Information 113
Emergency Planning (§§301-303):
General 163
Notification Requirements 24
SERC/LEPC Issues 50
EHSs/TPQs 1411
Risk Communication/
Hazards Analysis 9
Exemptions 7
Emergency Release Notification (§304):
General 53
Notification Requirements 74
Reportable Quantities 841
. CERCLA § 103 vs. SARA §304 71
ARIP/AHEDB/ERNS 6
Exemptions 37
Hazardous Chemical Reporting
(§§311-312):
General 105
MSDS Reporting Requirements 70
Tier I/n Requirements 138
Thresholds 116
Hazard Categories 11
Mixtures Reporting 16
Exemptions 26
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
1,306'
1,52s1
8931
3,370'
29
62
2661
21
3151
176
124
198
5361
Special Topics:
CAA§112
General
RMPs
List of Regulated Substances
Federal Facilities Executive Order
273'
5301
219'
49
TOTAL QUESTIONS 11,871
* Includes 2,448 Emergency Planning and Community
Right-to-Know document requests
SUPERFUND
General/Misc.
Access & Information Gathering
Administrative Improvements
General
Environmental Justice/Brownfields
S ACM/Presumptive Remedies
Soil Screening Levels
Administrative Record
ARARs
CERCLIS
Citizen Suits
Claims Against Fund
Clean-Up Costs
Clean-Up Standards
Community Involvement
Contract Lab Program (CLP)
Contractor Indemnification
Contracts
Definitions
Enforcement
Federal Facilities
Hazardous Substances
HRS
Liability
Local Gov't Reimbursement
Natural Resource Damages
NCP
Notification
NPL
Off Site Rule
OSHA
PA/SI
PRPs
RD/RA
Reauthorization
151
23
1471
2111
89.
1941
10
67
130
2
4
17
77
9
9
3
8
1531
77
41
2711
14
144
1
5
60
101
1891
11
2
21
77
23
13
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.
-------
July 1996 Call Analyses
Remedial 124
Removal 19
RI/FS 50
Risk Assess./Health Effects 63
ROD 32
RQ 2051
Settlements 43
SITE Program 7
State Participation 12
State Program 5
TAGs 2
Taxes 2
Special Topics
Oil Pollution Act 12
SPCC Regulations 15
Radiation Site Cleanup 23
TOTAL QUESTIONS 2,968*
•"Includes 1,049 Superfund document requests.
TOTAL HOTLINE QUESTIONS
AND DOCUMENT REQUESTS: 25,649
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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