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 ------- |