3 EPA530-R-96-002h SUB-9224-96-008 MONTHLY HOTLINE REPORT August 1996 RCRA, Superfund & EPCRA Hotline Questions and Answers Resource Conservation and Recovery Act (RCRA) 1 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 2 Emergency Planning and Community Right-to-Know (EPCRA) 3 New Publications Resource Conservation and Recovery Act (RCRA) 5 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 14 Executive Orders 17 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 Dixon, Alternate Project Officer U.S. Environmental Protection Agency Washington, DC 20460 Printed on Recycled Paper ------- MONTHLY HOTLINE REPORT AVAILABILITY Electronic Availability The Monthly Hotline Report Questions and Answers are also available for downloading at no charge from the CLU-IN bulletin board at (301) 589-8366. The complete text of the 1993, 1994, and 1995 Monthly Hotline Reports may be accessed via EPA's Internet servers. Using Gopher, go to gopher.epa.gov and follow this pathway: EPA Offices & Regions --> Office of Solid Waste & Emergency Response -> OSW (RCRA) --> RCRA: General --> RCRA/UST, Superfund & EPCRA Hotline Reports. Monthly Hotline Reports are also available through the World Wide Web (WWW). Go to the Hotline Home Page at http://www.epa.gov/epaoswer/hotlihe/ and select "Monthly Hotline Reports." The Hotline maintains an electronic mailing list named HOTLINE_OSWER. Subscribers will have Hotline announcements and Monthly Hotline Reports e-mailed to them as they are released, at no charge. • To subscribe to the Hotline electronic mailing list send an e-mail to: Listserver @ unixmail.rtpnc .epa.gov Subject: SUBSCRIBE TO LISTSERVERS Message: SUBSCRIBE HOTLINE.OSWER your first name your last name For example, SUBSCRIBE HOTLINE_OSWER JOHN SMITH • To receive the Help file with useful commands for users send an e-mail to: Listserver@unixmail.rtpnc.epa.gov Subject: HELP Message: HELP National Technical Information Service (NTIS) The Monthly Hotline Report can be ordered through NTIS at (703) 487-4650. The NTIS order numbers are as follows: Yearly Subscription SUB-9224 January 1996 SUB-9224-96-001 February 1996 SUB-9224-96-002 March 1996 SUB-9224-96-003 April 1996 May 1996 June 1996 July 1996 August 1996 RCRA Docket SUB-9224-96-004 SUB-9224-96-005 SUB-9224-96-006 SUB-9224-96-007 SUB-9224-96-008 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. Definition of Commercial Chemical Product for Solid Waste Determination vs. Hazardous Waste Identification An instrument manufacturer has off- specification mercury thermometers which it wishes to either discard or reclaim. Under 40 CFR §261.2, the definition of solid waste, "commercial chemical products" such as thermometers being reclaimed are not solid waste and therefore cannot be hazardous waste (§261.2(c)(3) and (§261.3)). Under §261.33, the P and U lists of hazardous wastes, "commercial chemical products" containing mercury as a sole active ingredient are characterized as U151, a listed waste (§§261.33(d), 261.33(f)). What is the difference between the definition of commercial chemical product for the purposes of the definition of solid waste and the P and U list of hazardous waste, and given the relative difference, would the thermometers be subject to hazardous waste regulation if reclaimed or discarded? The phrase "commercial chemical product" has different meanings in the definition of solid waste and the definition of hazardous waste. As applied to §261.2, the definition of solid waste, EPA interprets the category of commercial chemical products to include all types of unused commercial products, whether or not they would commonly be considered chemicals (e.g., circuit boards, batteries, and other types of equipment). Although §261.2(c)(3), Table 1, applies this provision to "commercial chemical products listed in 40 CFR 261.33," EPA interprets the definition to also include commercial chemical products that are not listed in §261.33, but exhibit one or more characteristic of hazardous waste (50 FR 14219; April 11, 1985). For the purposes of the P and U lists of hazardous wastes, however, EPA intended to include in the P and U lists only those commercial chemical products and manufacturing chemical intermediates known by the generic chemical name listed in §261.33. EPA considers the P and U list definition of commercial chemical product to exclude manufactured articles such as thermometers or fluorescent lamps (45 FR 78541; November 25, 1980). Therefore, manufactured articles that contain a P or U listed chemical would not be considered a listed waste when discarded in an unused form. If the thermometers in question are to be reclaimed, they would be considered commercial chemical products being reclaimed for the purposes of the definition of solid waste, and, thus, would not be a solid waste. Since' a material must be a solid waste in order to be considered a hazardous waste, the thermometers destined for reclamation could not be regulated as a hazardous waste (§261.3). If the thermometers are to be discarded, then they would be a solid waste and the manufacturer must then consider whether the off-specification thermometers are listed or characteristic hazardous waste ------- Hotline Questions and Answers August 1996 (§262.11). Mercury thermometers are not among the process- and industry-specific wastes found in the F and K lists in §§261.31 and 261.32. The thermometers would not meet the P or U listing criteria because they are considered manufactured articles, not commercial chemical products for the purposes of hazardous waste, as explained above. As a result, the thermometers would not be regulated as U151, and would only be subject to regulation as a hazardous waste if they exhibited a characteristic of a hazardous waste found in Part 261, Subpart C. CERCLA 2. Determination of Acceptable Facilities to Receive CERCLA Wastes According to the off-site rule promulgated on September 22, 1993 (59 FR 49200), all CERCLA wastes transferred off site must be sent to a facility deemed acceptable to receive CERCLA wastes. These facilities must meet the acceptability criteria outlined in 40 CFR §300.440(b). CERCLA §120 requires that all federal agencies comply with the provisions of CERCLA. Can any federal agency performing remedial actions under CERCLA §120 designate treatment, storage, and disposal facilities as acceptable to receive CERCLA waste ? The off-site rule implementing §121(d)(3) of CERCLA applies to CERCLA actions conducted by federal agencies, including those pursuant to § 120 of CERCLA. EPA is the only federal agency with the authority to designate facilities as acceptable to receive CERCLA wastes. Other federal agencies may suggest appropriate facilities to the EPA Regional Office, but EPA must make the final determination. EPCRA 3. EPCRA §313: Distribution in Commerce and the Definition of Process A facility covered under EPCRA §313 uses formaldehyde as an ingredient in feedstock. The feedstock is sent for use to another facility under common ownership. The preparing facility does not receive direct compensation for the product, nor is the product distributed to the general public. Does such a transfer of a toxic chemical, after its preparation, to another facility under common ownership constitute distribution in commerce and thus need to be considered in threshold determination for reporting under EPCRA §313? Yes. Under EPCRA, process means the preparation of a toxic chemical, after its manufacture, for distribution in commerce (40 CFR §372.3). Distribution in commerce includes any distributive activity in which benefit is gained by the transfer, even if there is not direct monetary gain. Toxic chemicals that are shipped from one facility to another facility under common ownership are considered to be distributed in commerce. Although the chemical in the product is not distributed to the general public, the preparing facility does derive economic benefit by transferring the toxic chemical, as both facilities are under common ownership. The amount of toxic chemical prepared at the facility must be counted towards the 25,000 pounds per year processing threshold. ------- August 1996 Hotline Questions and Answers 4. EPCRA §313 Listing of Hydrochloric Acid Hydrochloric acid, also known as hydrogen chloride (CAS number 7647-01-0) is a listed toxic chemical under EPCRA §313. Hydrochloric acid can exist in both aqueous solution and in a gaseous, anhydrous form. On July 25, 1996, EPA modified the listing of hydrochloric acid to include acid aerosols including mists, vapors, gas, fog and other airborne forms of any particle size (61 FR 38600). Does the modified listing of hydrochloric acid refer to both the aqueous and the anhydrous forms of this chemical? Yes-. The CAS number 7647-01-0 identifies both aqueous and anhydrous forms of hydrochloric acid. The listing modification also applies to both aqueous and anhydrous forms of hydrochloric acid. Beginning with the 1995 reporting year, an EPCRA §313- covered facility that manufactures, processes, or otherwise uses more than a threshold quantity of hydrochloric acid aerosols, either in aqueous or anhydrous forms, must submit a Form R or a Certification Statement for hydrochloric acid aerosols. 5. The Development and Use of Electronic Versions of EPCRA §312 Hazardous Chemical Inventory Reporting Forms An owner or operator of a facility that meets the applicability requirements of 40 CFR §370.20 must submit a hazardous chemical inventory form containing Tier I information to the State Emergency Response Commission (SERC), the Local Emergency Planning Committee (LEPC), and the fire department with jurisdiction over the facility (EPCRA §312 (a)(!)). Reports are due by March 1 of each year and contain information from the preceding calendar year. An owner or operator of a facility must provide Tier II information upon the request of the SERC, LEPC, or the fire department (EPCRA §312(e); 40 CFR §370.25(c)). Do electronic versions of the Tier I or Tier II forms exist? May states or private companies develop electronic versions of the forms? The Iowa SERC, in cooperation with EPA, has developed an electronic equivalent of the Federal Tier II form for both DOS and Windows operating systems. Both are available from the EPCRA Hotline on 3.5" diskette. States may adopt Iowa's electronic version of the Tier II form, or develop their own. Interested parties should check with individual SERCs to determine state policy on the use and submission of electronic inventory forms. Other states may develop and implement Tier I and Tier II electronic copies of inventory forms without formal approval by EPA, so long as the electronic version collects, at a minimum, the identical information required by 40 CFR §§370.40 and 370.41. In states which accept submission of inventory forms on magnetic media, the owner or operator or the officially designated representative of the owner or operator must certify a magnetic media submission by including a signed certification cover letter with the submission (40 CFR §§370.40 and 370.41). Private companies can also create electronic versions of inventory forms, subject to state approval. States may establish procedures for submission and receipt of electronic forms. The Agency encourages the use of electronic forms because it conserves resources, and may facilitate data management and exchange for SERCs, LEPCs, and covered facilities. ------- 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 Toll-Free No.: (800) 553-7672 EPA's fax-on-demand service distributes selected publications noted by a "fax-on-demand" 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 "fax-on-demand" 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: Environmental Fact Sheet: No Hazardous Waste Listing Proposed for 14 Solvents AVAILABILITY: Hotline/Fax-on-Demand EPA ORDER NO.: EPA530-F-96-015 FAX-ON-DEMAND NO.: 30035 This fact sheet announces EPA's proposal not to amend the regulations for hazardous waste management under RCRA for wastes generated during the use of certain organic solvents: acetonitrile, benzyl chloride, cumene, cyclohexanol, 1,4-dichlorobenzene, epichlorohydrin, ethylene dibromide, 2-ethoxyethanol acetate, furfural, isophorone, 2-methoxyethanol, 2-methoxyethanol acetate, methyl chloride, and phenol. TITLE: RCRA Environmental Indicators Progress Report: 1995 Update AVAILABILITY: Hotline EPA ORDER NO.: EPA530-R-96-010 This document updates 11 environmental indicators used to measure progress in the RCRA program, and adds one new indicator. It details indicator results in the areas of waste minimization, safe management, and corrective action. TITLE: 1996 Buy-Recycled Fact Sheet Series: Paper Products AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-96-014 This fact sheet discusses the comprehensive procurement guideline which requires federal agencies to give preference to items made from recovered materials. It describes the recovered materials advisory notice which recommends recycled-content levels. A table lists recovered ------- New Publications August 1996 material content to look for when purchasing paper products. This publication also includes sources for additional information. TITLE: 1996 Buy-Recycled Series: Vehicular Products AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-96-019 This fact sheet discusses the comprehensive procurement guideline which requires federal agencies to give preference to items made from recovered materials. It describes the recovered materials advisory notice which recommends recycled-content levels. A table lists recovered material content to look for when purchasing vehicular products. This publication also includes sources for additional information. TITLE: List of Manufacturers and Suppliers: Construction Products Containing Recovered Materials AVAILABILITY: Hotline EPA ORDER NO.: EPA530-B-96-002 This document lists manufacturers and suppliers of construction products (building insulation, structural fiberboard and laminated paperboard, carpet, floor tiles, and patio blocks) containing recovered materials. It includes company name, address, contact name, phone number, and fax number. Listings are based on information provided by the manufacturer and do not represent an endorsement by EPA. TITLE: List of Manufacturers and Suppliers: Landscaping Products Containing Recovered Materials AVAILABILITY: Hotline EPA ORDER NO.: EPA530-B-96-005 This document lists manufacturers and suppliers of landscaping products (hydraulic mulch and yard trimmings compost) containing recovered materials. It includes company name, address, contact name, phone number, and fax number. Listings are based on information provided by the manufacturer and do not represent an endorsement by EPA. TITLE: List of Manufacturers and Suppliers: Non-Paper Office Products Containing Recovered Materials AVAILABILITY: Hotline EPA ORDER NO.: EPA530-B-96-006 This document lists manufacturers and suppliers of non-paper office products (office recycling containers and office waste receptacles, plastic desktop accessories, toner cartridges, binders, and plastic trash bags) containing recovered materials. It includes company name, address, contact name, phone number, and fax number. Listings are based on information provided by the manufacturer and do not represent an endorsement by EPA. TITLE: List of Manufacturers and Suppliers: Park and Recreation Products Containing Recovered Materials AVAILABILITY: Hotline EPA ORDER NO.: EPA530-B-96-004 This document lists manufacturers and suppliers of parks and recreation products (playground surfaces and running tracks) containing recovered materials. It includes company name, address, contact name, phone number, and fax number. Listings are based on information provided by the manufacturer and do not represent an endorsement by EPA. ------- August 1996 New Publications TITLE: List of Manufacturers and Suppliers: Transportation Products Containing Recovered Materials AVAILABILITY: Hotline EPA ORDER NO.: EPA530-B-96-003 This document lists manufacturers and suppliers of transportation products (traffic barricades and traffic cones) containing recovered materials. It includes company name, address, contact name, phone number, and fax number. Listings are based on information provided by the manufacturer and do not represent an endorsement by EPA. TITLE: List of Manufacturers and Suppliers: Vehicular Products Containing Recovered Materials AVAILABILITY: Hotline EPA ORDER NO.: EPA530-B-96-001 This document lists manufacturers and suppliers of vehicular products (re-refined lubricating oils, retread tires, and engine coolants) containing recovered materials. It includes company name, address, contact name, phone number, and fax nun^er. Listings are based on information provided by the manufacturer and do not represent an endorsement by EPA. TITLE: Full Cost Accounting Resource Guide AVAILABILITY: Hotline EPA ORDER NO.: EPA530-R-95-077 This resource guide identifies resources on full cost accounting for local elected and appointed officials and solid waste managers. It contains listings of federal, state, and local government documents, as well as materials produced by trade and professional groups. Each section presents information on how to order documents and their cost, when available. The guide also includes names of individuals in communities that are in various stages of implementing full-cost accounting. TITLE: Making Solid (Waste) Decisions With Full Cost Accounting AVAILABILITY: Hotline EPA ORDER NO.: EPA530-K-96-001 This publication provides decision-makers with a complete method of compiling detailed cost information on municipal solid waste (MSW) services in their communities. It briefly defines full-cost accounting, which includes direct and indirect operating expenses as well as past and future expenses. The document explains how full-cost accounting works, along with its benefits and potential barriers. It provides snapshot examples of how communities are using full-cost accounting to improve their MSW operations. TITLE: Reuseable News Bulletin (June/July 1996) AVAILABILITY: Hotline/Fax-on-Demand . EPA ORDER NO.: EPA530-N-96-008 FAX-ON-DEMAND NO.: 40013 This issue includes articles on the nation's attainment of the 25 percent recycling goal, EPA's update to the paper procurement guideline, exchanging recyclables on the Internet, Northeast Recycling Council forum spurring recycling markets, and Keep America Beautiful's 1996 Build America Beautiful Awards. The bulletin also announces new information resources. TITLE: Reuseable News (Winter 1996) AVAILABILITY: Hotline EPA ORDER NO.: EPA530-N-95-007 This issue focuses on how source reduction can contribute to the reduction of greenhouse gases, and thus benefit the global climate. It includes articles on EPA's first satellite forum on solid waste issues, full-cost accounting, the successful first year of EPA's WasteWi$e program, the National Park Service's procurement of re-refined oil for its fleet of ------- New Publications August 1996 vehicles, EPA sessions at the National Recycling Coalition Congress, clothing made from waste, EPA workshops on the pay-as- you-throw concept, and the extension of the effective date for complying with RCRA Subtitle D regulations to small landfills in dry and remote areas. This edition also announces new information resources. TITLE: WasteWi$e Update: Employee Education AVAILABILITY. Hotline EPA ORDER NO.: EPA530-N-96-001 This issue focuses on employee education. It includes articles on the ABC's of employee education, examples of how some companies are educating employees, awards and recognition, and educating suppliers and customers. It also contains a tip sheet for WasteWi$e employee education with a waste prevention checklist. TITLE: WasteWi$e Update: Going Paperless With Technology AVAILABILITY: Hotline/Fax-on-Demand EPA ORDER NO.: EPA530-N-96-007 FAX-ON-DEMAND NO.: 40012 This issue focuses on reducing paper through the use of electronic technology such as computerized documents and filing systems, electronic data interchange (EDI), and CD/ ROM and other interactive tools. It provides an overview of common elements of EDI programs, including start-up costs, implementation costs, payback periods, and benefits. The document also contains case studies and information on electronic availability of WasteWi$e program resources. CERCLA TITLE: Reducing Federal Oversight at Superfund Sites with Cooperative and Capable Parties AVAILABILITY: NTIS NTIS ORDER NO.: PB96-963 231 This memorandum was developed to foster improved relationships, or recognize existing relationships, with cooperative parties. Regions may use this memorandum to identify sites where reduced oversight may be implemented without sacrificing the quality of site characterization and cleanup. The document describes oversight monitoring activities that should be considered for reduction depending upon the specific circumstances at the site. TITLE: Administrative Reforms for Lead Risk Assessment AVAILABILITY: Hotline EPA ORDER NO.: N/A One of the initiatives of the October 2, 1995, CERCLA Administrative Reforms is to improve the understanding of Superfund Risk Assessments. This memo provides a plan for consistent assessment of lead at Superfund sites, identifies primary responsibilities for different activities, and establishes a communication network between Headquarters and EPA Regional Offices on lead issues. ------- August 1996 New Publications TITLE: Documentation of Reason(s) for Not Issuing CERCLA § 106 UAOs to All Identified PRPs AVAILABILITY: Rosa Queen, (202)260-5164 This memorandum was issued following the October 2, 1995, CERCLA reforms; it sets forth methods to promote fairness and minimize transaction costs in CERCLA response actions. This memorandum establishes procedures for the documentation of decisions by regional staff, who propose to exclude certain PRPs from CERCLA § 106 unilateral administrative orders (UAOs). The document also outlines the protocol for regional staff to follow when proposing not to issue UAOs to late-identified PRPs. EPCRA The following three titles are support documents for EPA's proposal to expand §313 of EPCRA to include additional industries. TITLE: Toxics Release Inventory: Interpretive Guidance for Revised Interpretation of Otherwise Use AVAILABILITY: Hotline/Internet EPA ORDER NO.: N/A Under §313 of EPCRA certain facilities that manufacture, process, or otherwise use listed toxic chemicals, must report their environmental releases annually. As of 1991, these same facilities are also required to report source reduction and recycling data for chemicals pursuant to §6607 of the Pollution Prevention Act. On June 27, 1996, EPA proposed to expand the types of facilities that report under §313. This proposal also included a revised interpretation of the term "otherwise use." The purpose of this document is to offer guidance for the revised interpretation of the term "otherwise use" contained in the proposal. This document contains examples of the revised interpretation. TITLE: Estimated Impacts on Small Entities: Refined Estimation of Company Revenues and Impacts AVAILABILITY: Hotline/Internet EPA ORDER NO.: N/A On June 27, 1996, EPA proposed to expand the applicability of §313 of EPCRA to cover additional industry groups. The Regulatory Flexibility Act of 1980 requires federal agencies to assess the effects that proposed regulations would have on small entities, and to examine alternatives when regulations are estimated to have significant impacts on the regulated entities. Section 1 of this document explains the methodology used in the analysis, while Section 2 presents the results of the analysis. This document contains the most recent financial data for potentially affected companies, the Small Business Administration definitions for small businesses, and an estimate of reports to be filed by facilities in the relevant size category. TITLE: Effects of Modified TRI Otherwise Use Interpretation on Manufacturing Facilities and Other Waste Treatment and Disposal Facilities AVAILABILITY: Hotline/Internet EPA ORDER NO.: N/A Under §313 of EPCRA certain facilities, within specific SIC codes, are required to report listed toxic chemicals if they exceed certain thresholds. EPA is proposing to modify its interpretation of "otherwise use" to include certain on-site activities where ------- reporting is currently not required. This document estimates the effect of the modification for manufacturing facilities while providing additional distribution data for RCRA Subtitle C facilities. ------- FEDERAL REGISTERS You may order copies of all major RCRA, Superfund, and EPCRA Federal Registers by calling the Hotline. RCRA, Superfund, and EPCRA National Toil-Free No.: (800) 424-9346 Local: (703) 412-9810 TDD National Toll-Free No.: (800) 553-7672 Electronic Availability Federal Registers from October 1994 to the present related to the Hotline's program areas are accessible via modem or Internet on EPA's Public Access Servers. The servers are accessible at: World Wide Web: http://www.epa.gov Gopher: gopher.epa.gov FTP: ftp.epa.gov Modem: (919) 558-0335 The Federal Registers are organized by date. After accessing the Gopher or World Wide Web server, make the following selections to reach the Federal Register information: • To access RCRA/UST and CERCLA Federal Registers on the server, choose Rules, Regulations and Legislation -> FEDERAL REGISTER - Environmental Subset -> Waste Information • The access EPCRA Federal Registers on the server, choose Rules, Regulations and Legislation -> FEDERAL REGISTER - Environmental Subset -> Toxic Release Inventory FINAL RULES RCRA "Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Exclusion; Correction" August 5,1996 (61 FR 40519) EPA corrected the July 18, 1996, final rule which granted United Technologies Automotive,-Inc. a delisting for a certain solid waste generated at the Highway 61 Industrial Site in Memphis, Tennessee. "Illinois: Final Authorization of Revisions to the State Hazardous Waste Management Program" August 5,1996 (61 FR 40520) EPA granted Illinois final authorization for revisions to its hazardous waste program. "Delaware; Final Authorization of State Hazardous Waste Management Program Revisions" August 8,1996 (61 FR 41345) EPA granted Delaware final authorization for revisions to its hazardous waste program. "Underground Storage Tank Program: Approved State Program for Connecticut" August 9,1996 (61 FR 41507) EPA granted final approval to Connecticut for its Underground Storage Tank Program. "Indiana: Final Authorization of Revisions to State Hazardous Waste Management Program" August 20,1996 (61 FR 43009) EPA granted final approval of revisions to Indiana's hazardous waste program. ------- Federal Registers August 1996 "Indiana: Final Authorization of Revisions to State Hazardous Waste Management Program" August 20,1996 (61 FR 43018) EPA granted final approval of revisions to Indiana's hazardous waste program. "Emergency Revision of the Land Disposal Restrictions (LDR) Phase III Treatment Standards for Listed Hazardous Wastes From Carbamate Production; Final Rule" August 26,1996 (61 FR 43924) On April 8, 1996 EPA published treatment standards for a number of hazardous wastes associated with the production of carbamate pesticides (Phase III) (61 FR 15566). The Agency has since become aware of the fact that commercial laboratories are unable to analyze all of the carbamate constituents because some of them lack laboratory standards. With this rulemaking EPA revised the carbamate waste treatment standards by allowing those wastes to be treated by a technology that will either achieve the Phase III concentration levels or meet alternative standards. However, these alternative standards may only be applied for one year after the publication of this rule. PROPOSED RULES RCRA "Requirements for Management of Hazardous Contaminated Media (HWIR-media); Proposed Rule - Correction Notice and Notice of Data Availability" August?, 1996 (61 FR 41111) EPA clarified several portions of the proposed Requirements for Management Hazardous Contaminated Media (HWIR- media) (61 FR 18780, April 29, 1996). RCRA/CERCLA "Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Solvents; CERCLA Hazardous Substance Designation and Reportable Quantities; Proposed Rule" August 14,1996 (61 FR 42318) Sections 3001(e)(2) and 3001(b)(l) of the Hazardous and Solid Waste Amendments of 1984 direct EPA to make a hazardous waste listing determination for solvent wastes. After extensive study of 14 chemicals potentially used as solvents, the Agency proposed not to specifically list them as hazardous waste under 40 CFR Part 261. The Agency, consequently, will not amend CERCLA's list of hazardous substances and their respective reportable quantities found in 40 CFR Table 302.4. 12 ------- August 1996 CERCLA "National Priorities List; Northwest 58th Landfill Superfund Site" August 2,1996 (61 FR 40371) Notice of Intent to Delete "National Priorities List; Bio-Ecology Systems Superfund Site" August 5,1996 (61 FR 40523) Notice of Intent to Delete "National Priorities List; Whitewood Creek Superfund Site" August 13,1996 (61 FR 41959) Notice of Intent to Delete "National Priorities List; USDOE Hanford 1,100 Area Superfund Site" August 15,1996 (61 FR 42402) Notice of Intent to Delete "National Priorities List; Alcoa (Vancouver Smelter) Superfund Site" August 15, 1996 (61 FR 42404) Notice of Intent to Delete "National Priorities List; Gold Coast Oil Superfund Site" August 21,1996 (61 FR 43203) Notice of Intent to Delete "National Priorities List; Chemet Company Superfund Site" August 21,1996 (61 FR 43205) Notice of Intent to Delete Federal Registers "National Priorities List; Louisiana- Pacific Superfund Site" August 27, 1996 (61 FR 44025) Notice of Intent to Delete "National Priorities List; Commencement Bay Nearshore/ Tideflats Superfund Site" August 28,1996 (61 FR 44269) Notice of Intent to Delete "National Priorities List; Sand Creek Industrial Superfund Site" August 28,1996 (61 FR 44275) Notice of Intent to Delete "National Priorities List; Leetown Pesticide Superfund Site" August 29, 1996 (61 FR 45336) Notice of Intent to Delete EPCRA "Toxic Chemical Release Inventory; Addition of Facilities in Certain Industry Sectors; Extension of Comment Period" August 21,1996 (61 FR 43207) EPA added additional information to the public docket regarding the proposed rule to add seven industry groups to the list of industries required to report under EPCRA §313. To provide the public sufficient time to comment on these documents, the comment period has been extended to September 4, 1996. Comments received after August 26, 1996, must be confined to the contents of the new documents. 13 ------- Federal Registers August 1996 "Toxic Chemical Release Inventory; Addition of Facilities in Certain Industry Sectors; Extension of Comment Period" August 28,1996 (61 FR 44278) EPA proposed to extend the comment period regarding the addition of seven industry groups to the list of industries required to report under EPCRA §313 until September 25, 1996. NOTICES RCRA "Delaware; Approval of State Underground Storage Tank Program" Augusts, 1996 (61 FR 40592) EPA issued a tentative decision of approval for the Underground Storage Tank Program in Delaware. "Agency Information Collection Activities: Submission for OMB Review; Comment Request; Notification of Regulated Waste Activity Under the Resource Conservation and Recovery Act (RCRA), Part A Hazardous Waste Permit Application and Modification" August 8,1996 (61 FR 41406) EPA forwarded Information Collection Requests to the Office of Management and Budget regarding the Notification of Regulated Waste Activities and the RCRA Hazardous Waste Permit Application and Modification Part A. "Resource Conservation and Recovery Act OUST Docket: Relocation" August 8,1996 (61 FR 41464) The Office of Underground Storage Tanks Docket has moved to Crystal Gateway, 13th Floor, 1235 Jefferson Davis Highway, Arlington, Virginia. The hours of operation will be from 9:00 a.m. to 4:00 p.m. eastern standard time by appointment only. The phone number of the docket will remain (703)603-9231. "Open Meeting of the Industrial Non- Hazardous Waste Stakeholders Focus Group" August 9,1996 (61 FR 41608) The second meeting of the Industrial Non- Hazardous Waste Stakeholders Focus group is scheduled for September 11-12, 1996. "Agency Information Collection Activities: Submission for OMB Review; Comment Request; Requirements for Generators, Transporters, and Waste Management Facilities Under the RCRA Hazardous Waste Manifest System" August 12,1996 (61 FR 41785) EPA forwarded the following Information Collection Request to the Office of Management and Budget: Requirements for Generators, Transporters, and Waste Management Facilities Under the RCRA Hazardous Waste Manifest System. 14 ------- August 1996 Federal Registers NOTICES "Availability of Department of Energy Petition to EPA for a No-Migration Determination for the Waste Isolation Pilot Plant (WIPP) Under the Resource Conservation and Recovery Act" August 19,1996 (61 FR 42899) EPA announced the availability of a petition for a no-migration determination submitted by the Department of Energy (DOE) for its Waste Isolation Pilot Project (WIPP). The WIPP is a geological repository intended for the disposal of mixed hazardous and transuranic wastes generated through DOE production and decommissioning of nuclear weapons. "Hazardous Waste Combustors; Revised Standards; Proposed Rule - Notice of Data Availability and Request for Comments" August 23,1996 (61 FR 43501) EPA announced the availability of data and invited comments on information pertaining to the proposed revised standards for hazardous waste combustors (61 FR 17358, April 19, 1996). CERCLA "National Advisory Committee; Hazardous Substances" August 28,1996 (61 FR 44307) The National Advisory Committee for Acute Exposure Guidelines Levels for Hazardous Substances (NAG/AEGL) is holding a meeting on September 17-19, 1996, in Washington, DC. EPCRA "Toxic Chemical Release Inventory; Additional of Facilities in Certain Industry Sectors" August 5,1996 (61 FR 40637) EPA held a public meeting on August 19, 1996 in Chicago, Illinois to discuss the Agency's proposal and options to add industry groups to the list of groups subject to reporting requirements under EPCRA §313. "Toxic Chemical Release Inventory; Agency Information Collection" August 30,1996 (61 FR 45964) EPA proposed the renewal of the Information- Collection Request (ICR) entitled Toxic Chemical Release Reporting; Recordkeeping; Supplier Notification; and Petitions under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPA ICR #1363.05, OMB Approval #2070-0093). ATSDR "ATSDR Toxicological Profiles" August 8,1996 (61 FR 41416) ATSDR provides the public profiles for priority hazardous substances most frequently found at National Priorities List sites by October 17th of each year. This notice is announcing that ATSDR will not be able to meet the deadline for 1996. 15 ------- Federal Registers August 1996 "Citizens Advisory Committee on Public Health Service Activities and Research; Department of Energy Sites" August 19,1996 (61 FR 42909) ATSDR announced a meeting on September 4-5, 1996, in Springdale, Ohio. Settlements and Consent Decrees "Proposed Settlement; Lorentz Barrel and Drum Superfund Site" August 2, 1996 (61 EB40416) "Consent Decree; Imperial Oil/Champion Chemical Superfund Site" August 5, 1996 (61 FB 40658) "Joint Stipulation of Settlement Pursuant to the Resource Conservation and Recovery Act" Augusts, 1996 (61 FR40658) "Administrative Order on Consent for De Minimis Waste Contributors; Summitville Mine Superfund Site" August 7, 1996(61 EB41156) "Proposed Prospective Purchaser Agreement; Southern Crop Superfund Site" August 7, 1996 (61 FR 41156) "Consent Decree; East Texas Motor Freight Company Superfund Site" August 7, 1996 (61 FR. 41182) "Consent Decree; Anaconda Smelter Superfund Site" August 13, 1996 (61 FR 42055) "Consent Decree; Millcreek Dump Superfund Site" August 14, 1996 (61 FR 42267) "Notice of Filing of Settlement Stipulation and Clarifying Amendment, Regarding Matters Relating to Alleged Violations Standards Regulating Underground Storage Tanks" August 14, 1996 (61 FR 42267) "Proposed Prospective Purchaser Agreement; Croydon Superfund Site" August 19, 1996 (61 FR 42902) "Proposed Settlement; Automatic Industrial Plating Superfund Site" August 20, 1996 (61 EB 43056) "Proposed Prospective Purchaser Agreement; Raymark Industries, Inc. Superfund Site" August 20, 1996 (61 FR 43056) "Proposed De Minimis Settlement Correction; Tonolli Corporation Superfund Site" August 20, 1996 (61 EE 43057) "Consent Decree; Turtle Bayou Superfund Site (also known as the Petro-Chemical Systems, Inc. Superfund Site)" August 20, 1996 (61 FR 43077) "Proposed De Minimis Settlement; Bonifield Brothers Superfund Site" August 21, 1996 (61 FR 43246) "Consent Decree; Peerless Plating Superfund Site" August 28, 1996 (61 EE 44346) "Proposed Settlement; Odessa Drum Superfund Site" August 30, 1996 (61 EE 45968) 16 ------- August 1996 Federal Registers EXECUTIVE ORDERS CERCLA "Executive Order 13016" August 28,1996 (61 FR 45871) The President ordered an amendment to Section 4 of Executive Order 12580 of January 23, 1987. Executive Order 12580 transfers authority from the President to EPA to implement and regulate CERCLA. Section 4 of Executive Order 12580 delegates certain enforcement provisions to EPA and the Coast Guard. Executive Order 13016 amends this section by expanding the delegation of authority to also include the Secretary of the Interior, the Secretary of Commerce, the Secretary of Agriculture, the Secretary of Defense and the Secretary of Energy in implementing CERCLA §§106(a) and 122 (except subsection (b)(l)). EPCRA "Toxic Chemical Release Inventory; Federal Acquisition and Community Right to Know" August 8,1996 (61 FR 41473) The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council agreed on a final rule to amend the Federal Acquisition Regulation Parts 23 and 52 to implement Executive Order 12969. The Executive Order requires federal agency contractors to report in a public manner on toxic chemicals released, to ensure that their covered facilities file Form Rs for covered activities for the life of the contract. 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 4,195 176 239 131 252 81 1 8 0 7 94 286 233 226 486 6,415 ; No caller profile data available. 19 ------- Call Analyses August 1996 Emergency Planning and Community Right-to-Know Act/ Superfund Hotline Manufacturers Food/Tobacco 78 Textiles 23 Apparel 5 Lumber & Wood 37 Furniture 34 Paper 27 Printing & Publishing 20 Chemicals 192 Petroleum & Coal 58 Rubber and Plastics 39 Leather 7 Stone, Clay & Glass 17 Primary Metals 38 Fabricated Metals 111 Machinery (Excluding Electrical) 22 Electrical&Electronic Equipment 26 Transportation Equipment 24 Instruments 14 Misc. Manufacturing 204 Subtotal 976 Consultants/Engineers 2,020 Attorneys 278 Citizens 142 Public Interest Groups 49 Educational Institutions 32 EPA 52 Federal Agencies 72 GOCOs 17 Congress 1 State Officials/SERC 55 Local Officials/LEPCs 37 Fire Departments 10 Hospitals/Laboratories 9 Trade Associations 27 Union/Labor 5 Farmers 2 Distributors 18 Insurance Companies 15 Media/Press 4 Native Americans 3 International 3 Other 191 Referrals* 218 Transfers to RCRA/UST Hotline* 231 Document Retrieval Line* 0 Message Retrieval Line* 161 : No called profile data available. TOTAL NUMBER OF CALLERS 4,628 20 ------- August 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 842 1,291' 5181 2901 87 45 2121 46 211 26 29 2651 3171 185 119 58 28 145 102 7121 156 54 65 9 38 7591 87 2091 119 73 41 67 3411 48 36 83 17 117 14 4 10 144 5 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 2,206 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 452 UST document requests. 95 92 23 15 71 12 6 3551 29 7 ' 3 30 21 12 22 7 46 50 16 8,936* 2501 206 55 1291 1141 80 1361 43 66 54 1221 33 29 11 1,328s1 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 August 1996 EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW General: General Title III Questions Trade Secrets Enforcement Liability/Citizen Suits Training Chemical-Specific Information Emergency Planning (§§301-303): General Notification Requirements SERC/LEPC Issues EHSs/TPQs Risk Communication/ Hazards Analysis Exemptions Emergency Release Notification (§304): General Notification Requirements Reportable Quantities CERCLA §103 vs. SARA §304 ARIP/AHEDB/ERNS Exemptions Hazardous Chemical Reporting (§§311-312): General MSDS Reporting Requirements Tier I/II Requirements Thresholds Hazard Categories Mixtures Reporting Exemptions 3681 12 88 24 1 42 1781 19 49 1341 9 8 54 77 871 69 2 39 99 65 130 109 13 22 28 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 3101 4451 1741 3171 7 34 2131 14 1231 101 63 189 1041 Special Topics: CAA§112 General RMPs List of Regulated Substances Federal Facilities Executive Order 1991 3221 1081 6 TOTAL QUESTIONS 4,445 *Includes 1,576 Emergency Planning and Community Right-to-Know document requests SUPERFUND General/Misc. Access & Information Gathering Administrative Improvements General Environmental Justice/Brownfields SACM/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 152 36 1741 1611 99 1881 14 85 112 5 7 15 82 19 12 5 5 1601 US1 32 2611 19 156 3 8 57 108 1961 12 4 26 1271 20 6 22 1 Hot topics for this month * Topics are calculated as the summation of all questions received by the Hotline. A single call may result in multiple questions. ------- August 1996 Call Analyses Remedial 67 Removal 27 RI/FS 41 Risk Assess./Health Effects 52 ROD 37 RQ 1441 Settlements 33 SITE Program 4 State Participation 8 State Program 3 TAGs 4 Taxes 5 Special Topics Oil Pollution Act 13 SPCC Regulations 15 Radiation Site Cleanup 30 TOTAL QUESTIONS 2,964* *Includes 1,051 Superfund document requests. TOTAL HOTLINE QUESTIONS AND DOCUMENT REQUESTS: 17,673 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 ------- |