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
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MONTHLY HOTLINE REPORT
AVAILABILITY
Electronic Availability
The Monthly Hotline Report Questions and
Answers are also available for downloading at no
charge from the CLU-IN bulletin board at (301)
589-8366.
The complete text of the 1993, 1994, and 1995
Monthly Hotline Reports may be accessed via
EPA's Internet servers. Using Gopher, go to
gopher.epa.gov and follow this pathway: EPA
Offices & Regions --> Office of Solid Waste &
Emergency Response -> OSW (RCRA) -->
RCRA: General --> RCRA/UST, Superfund &
EPCRA Hotline Reports.
Monthly Hotline Reports are also available through
the World Wide Web (WWW). Go to the
Hotline Home Page at
http://www.epa.gov/epaoswer/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
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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.
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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
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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.
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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.
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NEW PUBLICATIONS
HOW TO ORDER
NTIS Publications are available by calling (703) 487-4650, or writing NTIS, 5285 Port Royal Road,
Springfield, VA 22161. Use the NTIS Order Number listed under the document.
EPA Publications are available through the Hotline. Use the EPA Order Number listed under the document.
RCRA, Superfund, and EPCRA National Toll-Free No.: (800) 424-9346
Local: (703)412-9810 TDD National 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
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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.
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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$e
program, the National Park Service's
procurement of re-refined oil for its fleet of
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New Publications
August 1996
vehicles, EPA sessions at the National
Recycling Coalition Congress, clothing made
from waste, EPA workshops on the pay-as-
you-throw concept, and the extension of the
effective date for complying with RCRA
Subtitle D regulations to small landfills in dry
and remote areas. This edition also announces
new information resources.
TITLE: WasteWi$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.
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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
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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.
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FEDERAL REGISTERS
You may order copies of all major RCRA, Superfund, and EPCRA Federal Registers by calling the Hotline.
RCRA, Superfund, and EPCRA National Toil-Free No.: (800) 424-9346
Local: (703) 412-9810 TDD National Toll-Free No.: (800) 553-7672
Electronic Availability
Federal Registers from October 1994 to the present related to the Hotline's program areas are accessible via
modem or Internet on EPA's Public Access Servers. The servers are accessible at:
World Wide Web: http://www.epa.gov
Gopher: gopher.epa.gov
FTP: ftp.epa.gov
Modem: (919) 558-0335
The Federal Registers are organized by date. After accessing the Gopher or World Wide Web server, make the
following selections to reach the Federal Register information:
• To access RCRA/UST and CERCLA Federal Registers on the server, choose
Rules, Regulations and Legislation -> FEDERAL REGISTER - Environmental Subset -> Waste Information
• The access EPCRA Federal Registers on the server, choose
Rules, Regulations and Legislation -> FEDERAL REGISTER - Environmental Subset -> Toxic Release Inventory
FINAL RULES
RCRA
"Hazardous Waste 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.
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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
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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
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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
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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
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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
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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
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CALL ANALYSES
CALLER PROFILE
RCRA/UST Hotline
Regulated Community
Citizens
State & Local Govt./Native American
Federal Agencies
Educational Institutions
EPA
Media
Interest Groups
Congress
International
Other
Referrals*
Transfers to EPCRA/Superfund Hotline*
Document Retrieval Line*
Message Retrieval Line*
TOTAL NUMBER OF CALLERS
4,195
176
239
131
252
81
1
8
0
7
94
286
233
226
486
6,415
; No caller profile data available.
19
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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
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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
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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
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