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

-------
                   MONTHLY HOTLINE REPORT
                                    AVAILABILITY
Electronic Availability

The Monthly Hotline Report Questions and
Answers are also available for downloading at no
charge from the CLU-IN bulletin board at (301)
589-8366.

The complete text of the 1993, 1994, and 1995
Monthly Hotline Reports may be accessed via
EPA's Internet servers. Using Gopher, go to
gopher.epa.gov and follow this pathway: EPA
Offices & Regions -> Office of Solid Waste &
Emergency Response -> OSW (RCRA) -->
RCRA: General --> RCRA/UST, Superfund &
EPCRA Hotline Reports.

Monthly Hotline Reports are also available through
the World Wide Web (WWW). Go to the
Hotline Home Page at
http://www.epa.gov/epaoswer/hotline/
and select "Monthly Hotline Reports."

The Hotline maintains an electronic mailing list
named HOTLINEJDSWER. Subscribers will have
Hotline announcements and Monthly Hotline
Reports e-mailed to them as they are released, at no
charge.
• To subscribe to the Hotline electronic mailing list
  send an e-mail to:
  Listserver@unixmail.rtpnc.epa.gov
  Subject: SUBSCRIBE TO LISTSERVERS
  Message: SUBSCRIBE HOTLINE_OSWER
  your first name
  your last name
  For example, SUBSCRIBE HOTLINE.OSWER
  JOHN SMITH
• To receive the Help file with useful commands
  for users send an e-mail to:
  Listserver@umxmail.rtpnc.epa.gov
  Subject: HELP
  Message:  HELP
National Technical Information Service
(NTIS)

The Monthly Hotline Report can be ordered
through NTIS at (703) 487-4650. The NTIS
order numbers are as follows:

Yearly Subscription   SUB-9224
January 1996
February 1996
March 1996
April 1996
May 1996
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.

-------
                      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).

-------
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.

-------
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

-------
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

-------
 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).

-------
                        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.

-------
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.

-------
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.

-------
  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

-------
                              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

-------
  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

-------
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

-------