DAYS
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PA530-R-96-002J
UB-9224-96-009
MONTHLY HOTLINE REPORT
September 1996
RCRA, Super-fund & EPCRA
Hotline Questions and Answers
Resource Conservation and Recovery Act (RCRA) 1
Underground Storage Tanks (UST) 2
Emergency Planning and Community Right-to-Know (EPCRA) 3
New Publications
Resource Conservation and Recovery Act (RCRA) 5
Underground Storage Tanks (UST) 7
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) 7
Emergency Planning and Community Right-to-Know (EPCRA) 8
Federal Registers
Final Rules 9
Proposed Rules 10
Notices 11
Call Analyses
Caller Profiles 15
Hotline Topics 17
RCRA, Superfund & EPCRA
National Toll-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/hotline/
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:
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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
March 1996
April 1996
May 1996
June 1996
July 1996
August 1996
September 1996
RCRA Docket
SUB-9224-96-002
SUB-9224-96-003
SUB-9224-96-004
SUB-9224-96-005
SUB-9224-96-006
SUB-9224-96-007
SUB-9224-96-008
SUB-9224-96-009
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. PCB Wastes as Hazardous Wastes
Poly chlorinated biphenyls (PCBs) are
organic chemicals often used as coolants and
lubricants in transformers, capacitors, and
other electrical equipment. Generally, the
management of these substances is regulated
under the Toxic Substances Control Act
(TSCA), according to regulations found at 40
CFR Parts 700-799. Are PCB wastes subject
to RCRA Subtitle C regulation as well?
Subtitle C regulations apply to PCB
wastes only if they are RCRA hazardous
wastes. Wastes are hazardous under RCRA if
they are listed on one of four hazardous waste
lists or if they exhibit a characteristic of
hazardous waste. Discarded, unused PCBs are
not listed as commercial chemical product
hazardous wastes on the P- or U-lists found in
40 CFR §261.33. PCB wastestreams are
likewise not specifically among the process-
and industry-specific hazardous wastes found
in the F- and K-lists in §§261.31 and 261.32.
It is possible that PCBs will be present as
incidental contaminants in wastes that are
themselves listed as hazardous. For example,
solvents are often used to remove PCBs from
transformers. These solvents, when spent,
could be F001 through F005 listed solvents.
In this case, the entire wastestream, including
the PCBs, would be regulated as listed
hazardous wastes.
Wastes are also regulated under RCRA
when they exhibit one or more of four
characteristics of hazardous wastes:
ignitability, corrosivity, reactivity, or toxicity
(§§261.21-261.24). Typically, fluids and
materials regulated as PCBs under TSCA
would not exhibit these characteristics.
However, in a rare case, a PCB waste could
exhibit ignitability, corrosivity, or reactivity,
and thus be subject to Subtitle C regulation.
PCBs are not among the 39 different
elements and compounds which can cause a
waste to exhibit the toxicity characteristic
(TC) under §261.24, but any waste containing
PCBs could potentially exhibit the TC for
another contaminant, e.g., chlorinated
benzenes. To deal with this possibility and
avoid dual TSCA/RCRA regulation, certain
PCB-containing wastes that exhibit the
toxicity characteristic are explicitly exempted
from RCRA requirements. Section 261.8
exempts from RCRA Subtitle C regulation
PCB-containing dielectric fluid and the
electric equipment which holds such fluid if
they satisfy two criteria. First, these PCB
wastes must be regulated under the TSCA
standards of Part 761. Second, only the PCB
wastes which exhibit the TC for an organic
constituent (waste codes DO 18-43) may
qualify for the exemption.
If a PCB-containing waste exhibits a
RCRA characteristic or matches a listing
description, and does not qualify for the
§261.8 exemption, that waste is subject to all
applicable Subtitle C regulations. These
include manifesting, treatment, storage,
disposal, and recordkeeping requirements.
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Questions and Answers
September 1996
Some PCB-containing hazardous wastes may
also be subject to the RCRA land disposal
restrictions. For example, PCB wastes that may
be subject to LDR include liquid hazardous
wastes containing PCBs at concentrations
greater than or equal to SOppm (RCRA
§3004(d)(2)(D), or hazardous wastes containing
halogenated organic compounds in total
concentrations greater than or equal to 1,000
mg/kg (RCRA §3004(d)(2)(E)).
2. Tolling Agreement and Exports
A small quantity generator (SQG) sends
hazardous waste to a reclamation facility in
Canada with whom they have a contractual
agreement. Will this SQG need to comply with
the export requirements in 40 CFR Part 262,
Subpart E?
SQGs shipping hazardous waste under a
reclamation agreement are not subject to the
export requirements. Export requirements
apply only to primary exporters of hazardous
waste (§262.53). EPA defines primary exporter
as "any person who is required to originate the
manifest for a shipment of hazardous
waste..."(§262.51). A SQG whose waste is
reclaimed via contractual agreement is not
subject to the manifest requirements provided
the SQG follows the provisions of §262.20(e).
As no manifest is required, the SQG does not
meet the definition of primary exporter and,
therefore, does not need to comply with the
export requirements.
3. Frequently Asked Questions on
Underground Storage Tank (UST)
Financial Responsibility
When a new UST is installed, does the
owner/operator have any financial
responsibility notification requirements?
Within 30 days of bringing a new UST into
use, UST owners/operators must submit a new
tank notification form to their state or local
implementing agency. As a part of this
notification, they must demonstrate financial
responsibility for the newly installed UST (40
CFR§280.110(b)).
For which financial responsibility
mechanisms must an UST owner/operator also
establish a standby trust fund?
According to 40 CFR §280.103, UST
owners/operators must establish a standby trust
fund when using a guarantee (§280.96), a
surety bond (§280.98), or a letter of credit
(§280.99). Standby trust funds are deposit
mechanisms into which funds are placed in the
event that the owner/operator is unable or
unwilling to pay for corrective action or
liability claims.
What constitutes "bodily injury " and
"property damage "for purposes of UST
financial liability coverage?
As described in 40 CFR §280.92, "bodily
injury" and "property damage" for purposes of
UST financial liability coverage have the
meaning given to them by applicable state law.
These terms do not include liabilities which,
consistent with standard insurance industry
practices, are excluded from coverage in
liability insurance policies for bodily injury
and/or property damage.
The UST liability coverage per occurrence
and annual aggregate amounts are set at levels
between $500,000 and $2 million depending
on the type of UST facility and the number of
tanks owned and/or operated. Do these
amounts limit an owner/operator's overall
liability?
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September 1996
Questions and Answers
The required per occurrence and annual
aggregate amounts do not in any way limit the
liability of an UST owner/operator (40 CFR
§280.93(h)).
When is an UST owner/operator no longer
required to comply with the financial
responsibility provisions of 40 CFR Part 280?
After proper UST closure has been
completed, or after any necessary UST
corrective action and subsequent closure have
been completed (§280.113), UST owners/
operators are not required to maintain UST
financial responsibility.
EPCRA
4. National Response Team's
Integrated Contingency Plan
Guidance
A number of federal statutes and
regulations require emergency response
planning (e.g., risk management planning
under the Clean Air Act §112(r), contingency
planning under RCRA, and facility response
planning under the Oil Pollution Act). On
June 5, 1996, the National Response Team
(NRT), published the Integrated Contingency
Plan ("One Plan") Guidance (61 FR 28642),
providing a mechanism by which a facility may
consolidate multiple emergency response plans
into one functional plan. Is a facility required
to integrate its emergency response plans?
Must a facility use the Integrated Contingency
Plan (ICP) format specified in the guidance?
Adherence to the ICP guidance is not
required, but the NRT believes that a single
functional plan is preferable to multiple plans.
The ICP is intended to streamline the
emergency planning process of those facilities
that may be subject to one or more federal
emergency planning regulation (the ICP does
not address state emergency planning
requirements). While not affecting the
substantive requirements of these federal
regulations, the NRT developed a mechanism
by which the components of the emergency
plans may be incorporated into a single
document.
The guidance provides a sample format for
an ICP, The plan is divided into three parts: an
introductory section, a core plan, and a series
of supporting annexes. The steps necessary to
initiate, conduct, and terminate an emergency
response action are found in the core plan. The
annexes provide detailed support information
based on the procedures detailed in the core
plan. Because the core plan is designed to
provide only the most essential response steps,
the core plan should frequently reference the
annexes. The annexes may further reference
other plans (e.g., area contingency plans under
OPA, local emergency planning committee
plans under EPCRA) to facilitate their
integration with the facility's ICP. If a facility
submits an ICP for review and approval by a
federal agency, the plan should cross-reference
existing emergency response regulatory
requirements and their location in the plan.
Though the NRT's ICP guidance
represents the federally preferred method of
response planning, a facility is not required to
implement the format outlined in the guidance.
The NRT is aware that alternate formats exist
and others will likely be developed; however,
the NRT anticipates that future federal
emergency response planning regulations will
incorporate use of the ICP guidance.
Additionally, developers of state and local
requirements will be encouraged to be
consistent with the ICP guidance.
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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 Toil-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 "faxback" number. To order these
documents, from your fax machine dial (202) 651-2060 (for OSW documents) and follow the instructions provided by
the voice prompt, using the "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: BDAT (Best Demonstrated Available
Technology) Background Document For Spent
Potliners From Primary Aluminum Reduction -
K088
AVAILABILITY: NTIS
NTIS ORDER NO.: PB96-190 715
This report provides Agency rationale and
technical support for developing BDAT
treatment standards for K088 wastes. It
discusses the regulation of both wastewater
and nonwastewater forms of K088 by
establishing BDAT treatment standards
numerically equivalent to universal standards.
This document summarizes the BDAT
treatment standards, the basis for listing spent
potliners as hazardous, and how BDAT
treatment standards reflect the goals of the land
disposal restrictions program. It describes the
industry and processes generating K088 and
presents data characterizing those wastes.
Finally, the report explains the methodology
and rationale for the selection of the regulated
constituents, discusses treatment technologies
for these wastes, and examines potential reuse
and recycling, source reduction, pollution
prevention, and waste minimization
alternatives.
TITLE: Reusable News (August/September
1996)
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA530-N-96-009
http://www.epa.gov/epaoswer/non-hw/recycle/
reuse.htm
This issue of the newsletter focuses on the Full
Cost Accounting Roundtable held by the
International City/County Management
Association, grants awarded by EPA's Jobs
Through Recycling Program, an announcement
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New Publications
September 1996
of the second anniversary of the WasteWi$e
program, and information on reusing plastic
packing peanuts and old mattresses. Also
included in this issue is information on
municipal solid waste landfills (MSWLFs),
closure and post-closure plans for MSWLFs
and local governments, and managing solid
waste on Tribal Lands. Additionally, several
new documents are announced.
TITLE: RCRA Permit Policy Compendium
Update Package; Revision 5
AVAILABILITY: NTIS
NTIS ORDER NO.: PB96-187 729
The compendium provides references for
regional and state permit writers on permitting
policies and procedures. This update package
includes an entire new Volume 1, User's
Guide, and Keyword Index, as well as
reference memoranda, letters, Office of Solid
Waste and Emergency Response Directives,
and RCRA/UST, Superfund Hotline monthly
report questions and answers from July 1,
1995, through December 31, 1995. The
documents are separated by the index volume
numbers and numbered to facilitate insertion at
the end of the appropriate section within each
volume. The update package also includes the
new index on computer disk.
TITLE: Solvent Study
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-R-96-O17
This is a final report on the study of spent
solvents undertaken as a result of a consent
decree between EPA and the Environmental
Defense Fund. The study discusses the wastes
associated with the use of solvents, their
toxicity, and management practices for solvent
waste. The chemicals included in this study
are allyl chloride; aniline; diethylamine;
1,4-dioxane; ethylene oxide; bromoform; and
vinylidine chloride. In addition, this reports
discusses the methodology used for the
solvents industry study.
TITLE: Study of Selected Petroleum Refining
Residuals; Industry Study
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-R-96-018
EPA is directed in §3001(e)(2) of RCRA (42
U.S.C. §6921 (e)(2)) to determine whether to
list, as hazardous, a number of different waste
residuals, including those generated by the
petroleum refining industry. A lawsuit by the
Environmental Defense Fund in 1989 resulted
in a consent decree, approved by the court, that
sets out an extensive series of deadlines for
making the listing determinations required by
§3001(e)(2). With respect to the petroleum
refining industry, the consent decree identifies
14 specific waste residuals for which the
Agency must make listing determinations and
an additional 15 waste residuals for which the
Agency must conduct a study. This report is
the result of the Agency's study of the 15
waste residuals. It describes EPA's approach
in conducting the industry study required by
the EDF/EPA consent decree and characterizes
the waste residuals and how they are managed.
The report includes a discussion of the
concentration of toxic constituents in each
waste, the volume of each waste generated,
and the management practices for each waste
(including plausible mismanagement
practices). This is a technical study of certain
residuals generated during petroleum
operations and represents a first step in an
assessment of whether or not these materials
should be considered hazardous waste.
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September 1996
New Publications
UST
TITLE: Regional and State UST/LUST
Program Contacts
AVAILABILITY: Hotline
EPA ORDER NO.: EPA510-F-96-003
This document lists the names, addresses, and
phone numbers for EPA Regional UST
program offices and the addresses and phone
numbers of state UST and LUST program
contacts.
TITLE: Underground Storage Tank Program
Directory
AVAILABILITY: Hotline
EPA ORDER NO.: EPA510-B-96-005
This directory outlines the structure of EPA's
Office of Underground Storage Tanks (OUST)
including the names, addresses, and phone
numbers, and activities of OUST staff. The
document also lists the names, addresses, and
phone numbers of EPA Regional UST program
offices and the addresses and phone numbers
of state and LUST program contacts.
CERCLA
TITLE: Federal Facilities — Military Base
Closures; Application of CERCLA Section
120(h)(3)
AVAILABILITY: Internet
http://www.epa.gov/swerffrr/brac.htm
This memorandum addresses questions
regarding the closure of certain military bases
on the National Priorities List, with respect to
the interpretation of CERCLA §120(h)(3).
Remarks specifically address EPA's
interpretation of when all remedial action may
be considered to have been taken within the
meaning of this section of CERCLA. The
interpretation provided in this memorandum
clarifies the requirements for achieving
cleanup levels required by CERCLA
§120(h)(3).
TITLE: The Role of Cost in the Superfund
Remedy Selection Process
AVAILABILITY: NTIS
NTIS ORDER NO.: PB96-963 245
This fact sheet describes the role in the
selection of remedial actions under CERCLA.
The fact sheet does not elevate or establish a
new role for cost in the Superfund program,
but rather clarifies the current role of cost as
established by CERCLA and the NCP.
TITLE: Potential Insurance Products for
Brownfields Cleanup and Redevelopment
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-963 244
http://www.epa.gov/swerosps/bf/new.htm
EPA's Brownfields Economic Redevelopments
Initiative is designed to empower states,
communities, and other stakeholders to work
together in a timely manner to prevent, assess,
safely clean up, and substantially reuse
potentially contaminated properties. Liability
risks leave many potential sites idle. EPA
conducted a survey to test the assumption that
insurance products in existence or under
development successfully transfer these risks
from the key players involved in Brownfields
redevelopment to a third party. This report
discusses the findings of this survey in detail,
by addressing the potential risks encountered
by owners of potentially contaminated
property, the control of these risks, a
discussion of the main environmental
insurance products, and concluding remarks
and recommendations.
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New Publications
September 1996
EPCRA
TITLE: Fact Sheet on the Advanced Notice of
Proposed Rulemaking to Expand the
Community Right-to-Know Program to
Increase the Information Available to the
Public on Chemical Use
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: N/A
http://www.epa.gov/opptintr/tri/ttconst.htm
This fact sheet summarizes the Advance
Notice of Proposed Rulemaking (ANPR),
published in the Federal Register on October 1,
1996 (61JFR 51322), regarding EPA's intent to
expand Community Right-to-Know provisions
to increase the public availability of chemical
use information. The fact sheet outlines EPA's
considerations for proposing the expansion,
describes various strategies that could be used
to collect chemical use data, briefly
summarizes the Advanced Notice of Proposed
Rulemaking, and provides document
availability information on this topic.
TITLE: EPA Office of Pollution Prevention
and Toxics Issues Paper #3: TRI Phase 3:
Expansion of the EPA Community Right-to-
Know Program to Increase the Information
Available to the Public on Chemical Use
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: N/A
http://www.epa.gov/opptintr/tri/ttconst.htm
This document is intended to provide
stakeholders with information regarding the
status of TRI Phase 3 expansion which
addresses facility-level chemical use
information. It contains a summary of the
major issues being addressed by EPA and the
comments EPA has received regarding this
expansion. Specifically, the document
addresses issues such as the utility of materials
accounting data, facility vs. process reporting,
business confidentiality, and implementation
costs. The document also outlines EPA's plans
for further consideration of TRI Phase 3 issues.
TITLE: Press Release: EPA Moves Toward
Major Expansion of Community Right-to-
Know Information About Chemical Use by
Industry
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: N/A
http://www.epa.gov/opptintr/tri/ttconst.htm
This press release provides an overview of
EPA's intent to expand community right-to-
know reporting to increase the public
availability of chemical use information. The
document describes the issue of reporting
chemical use information, gives a brief history
of the expansion of EPCRA §313 reporting,
and provides availability information for the
Advanced Notice of Proposed Rulemaking (61
FR 51322; October 1, 1996) and other sources
of information on this subject.
TITLE: Emergency Planning and Community
Right-to-Know Section 313: List of Toxic
Chemicals
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA745-B-96-002
http://www.epa.gov/swercepp/
This document contains a list of EPCRA
Section 313 Toxic Chemicals including the
name, CAS number, and de minimis level for
each toxic chemical. It also references any
qualifiers associated with reporting certain
chemicals. The document organizes the
chemicals alphabetically and by CAS number.
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FEDERAL REGISTERS
You may order copies of all major RCRA, Superfund, and EPCRA Federal Registers by calling the Hotline.
RCRA, Superfund, and EPCRA National Toll-Free No.: (800) 424-9346
Local: (703)412-9810 TDD National Toll-Free No.: (800) 553-7672
Electronic Availability
Federal Registers from October 1994 to the present related to the Hotline's program areas are accessible via
modem or Internet on EPA's Public Access Servers. The servers are accessible at:
World Wide Web: http://www.epa.gov
Gopher: gopher.epa.gov
FTP: ftp.epa.gov
Modem: (919)558-0335
The Federal Registers are organized by date. After accessing the Gopher or World Wide Web server, make the
following selections to reach the Federal Register information:
• To access RCRA/UST and CERCLA Federal Registers on the server, choose
Rules, Regulations and Legislation -> FEDERAL REGISTER - Environmental Subset -> Waste Information
• The access EPCRA Federal Registers on the server, choose
Rules, Regulations and Legislation -> FEDERAL REGISTER - Environmental Subset -> Toxic Release Inventory
FINAL RULES
RCRA
"Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Final Exclusion"
September 3,1996 (61 FR 46380)
EPA granted a petition submitted by Giant
Refining Company to exclude from hazardous
waste control (delist) certain excavated soils
contaminated with K051 that were generated
at Giant's Bloomfield, New Mexico, facility.
"South Dakota; Final Determination of
Adequacy of State's Municipal Solid
Waste Permit Program Over Non-
Indian Lands for the Former Lands of
the Yankton Sioux, Lake Traverse
(Sisseton-Wahpeton) and Parts of the
Rosebud Indian Reservation"
September 16,1996 (61 FR 48683)
EPA made a final determination that South
Dakota's municipal solid waste permit
program is adequate for all lands, other than
Indian Country as defined by U.S.C. Section
1151, that were formerly within the 1867 Lake
Traverse Reservation boundaries and for all
lands in Gregory, Tripp, Lyman, and Mellette
Counties that were formerly within the 1889
Rosebud Sioux Reservation boundaries.
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Federal Registers
September 1996
"Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Final Exclusion"
September 16,1996 (61 FR 48635)
EPA granted a petition submitted by Bekaert
Steel Corporation to exclude from hazardous
waste control (delist) certain wastewater
treatment sludges from electroplating
operations at the Rogers, Arkansas, facility.
"Hazardous Waste Management
Program; Incorporation by Reference
of Approved State Hazardous Waste
Program for New Mexico"
September 19,1996 (61 FR 49265)
EPA revised 40 CFR Part 272 to incorporate
by reference the Agency's approval of recent
revisions to New Mexico's hazardous waste
program.
"Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Final Exclusion"
September 25,1996 (61 FR 50238)
EPA granted a petition submitted by the
Texas Eastman Division of Eastman Chemical
Company to exclude from hazardous waste
control (delist) ash generated from the
incineration of wastewater treatment sludges
at the Longview, Texas, facility.
"Solid Waste Disposal Facility Criteria;
Re-Establishment of Ground-Water
Monitoring Exemption for Small
Municipal Solid Waste Landfills
Located in Either Dry or Remote
Areas"
September 25,1996 (61 FR 50409)
EPA revised the criteria for municipal solid
waste landfills by re-establishing an
exemption from groundwater monitoring for
owners and operators of certain small
landfills.
"Delaware; Final Approval of State
Underground Storage Tank Program"
September 27,1996 (61 FR 50720)
EPA granted final approval to Delaware for
its Underground Storage Tank Program.
PROPOSED RULES
RCRA
"Authorization of Indian Tribe's
Hazardous Waste Programs Under
RCRA Subtitle C; Proposed Rule;
Notice of Reopening of Comment
Period"
September 5,1996 (61 FR 46748)
EPA reopened the comment period of the
proposed rule for Authorization of Indian
Tribe's Hazardous Waste Programs Under
RCRA Subtitle C (61 FR 30471; June 14,
1996) until September 12, 1996. This
represents a 30 day extension.
CERCLA
"National Priorities List; Seldon Clark
Property from the General Electric/
Shepherd Farm Super-fund Site"
September 3,1996 (61 FR 46418)
Notice of Intent to Delete
"National Priorities List; Harbor Island
Superfund Site"
September 5,1996 (61 FR 46749)
Notice of Intent for Partial Deletion
io
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September 1996
Federal Registers
"National Priorities List; Ambler
Asbestos Superfund Site"
September 5,1996 (61 FR 46753)
Notice of Intent to Delete
"National Priorities List; Whiteford
Sales & Service, Inc. Superfund Site"
September 6,1996 (61 FR 47060)
Notice of Intent to Delete
"National Priorities List; Liquid Gold Oil
Superfund Site"
September 11,1996 (61 FR 47825)
Notice of Intent to Delete
"National Priorities List; Twin Cities Air
Force Reserve Base, Small Arms
Range Landfill, Minneapoiis-St. Paul
International Airport Superfund Site"
September 16,1996 (61 FR 48657)
Notice of Intent to Delete
"National Priorities List; Bonneville
Power Administration Ross Complex
(USDOE) Superfund Site"
September 23,1996 (61 FR 49690)
Notice of Intent to Delete
"National Priorities List; McChord AFB
(Wash Rack/Treatment) Superfund
Site"
September 26,1996 (61 FR 50443)
Notice of Intent to Delete
"National Priorities List; Lakewood
Superfund Site"
September 27, 1996 (61 FR 50788)
"National Priorities List; ALCOA
(Vancouver Smelter) Superfund Site"
September 30,1996 (61 FR 51019)
Notice of Intent to Delete
"National Priorities List; Hanford 1100-
Area (USDOE) Superfund Site"
September 30,1996 (61 FR 51019)
Notice of Intent to Delete
NOTICES
RCRA
"Agency Information Collection
Activities: Submission for OMB
Review; Comment Request; Part B
Permit Application, Permit
Modifications, and Special Permits"
September 5,1996 (61 FR 46801)
EPA forwarded an Information Collection
Request on Part B permit applications, permit
modifications, and special permits to Office of
Management and Budget for review.
"Agency Information Collection
Activities: Submission for OMB
Review; Comment Request; General
Hazardous Waste Facility Standards;
and Hazardous Waste Specific Unit
Requirements, and Special Waste
Processes and Types"
September 5,1996 (61 FR 46803)
EPA forwarded an Information Collection
Request on general hazardous waste facility
standards, unit specific standards, and special
waste processes and types to Office of
Management and Budget for review.
Notice of Intent for Partial Deletion
-------
Federal Registers
September 1996
NOTICES
"Draft Guidance for the Implementation
of EPA's Radiation Protection
Standards for Management and
Storage of Radioactive Waste at the
Waste Isolation Pilot Plant ("WIPP
Subpart A Guidance")"
September 5,1996 (61 FR 46804)
Pursuant to the 1992 Waste Isolation Pilot
Plant Land Withdrawal Act (P.L. 102-579),
EPA must determine whether the Waste
Isolation Pilot Plant (WIPP) complies with 40
CFR Part 191, Subpart A, the standards for
management and storage of radioactive waste.
EPA announced that a draft guidance for
completion of this biennial requirement is
available for public comment.
"Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Solvents and
Petroleum Refining"
September 10,1996 (61 FR 47751)
EPA made two studies available to the public.
One of the studies focuses on petroleum
refining wastes while the other deals with
certain chemicals that are used as solvents.
"Agency Information Collection
Activities Scheduled for
Administration; Collection of
Economic and Regulatory Impact
Supporting Data: Corrective Action
Questionnaire Under EPA Information
Collection Request No. 1641.01"
September 16,1996 (61 FR 48682)
EPA notified the public of a corrective action
questionnaire that was generated as part of a
survey the Agency plans to conduct this year.
"Notice of Data Availability and Public
Meeting on Environmental Release
Descriptions Supporting the
Hazardous Wastes Characteristics
Scoping Study"
September 25,1996 (61 FR 50295)
EPA made available for comment a draft
report entitled Hazardous Waste
Characteristics Scoping Study: Environmental
Release Descriptions.
"Financial Assurance Mechanisms for
Corporate Owners and Operators of
Municipal Solid Waste Landfill
Facilities and Hazardous Waste
Treatment, Storage, and Disposal
Facilities"
September 27,1996 (61 FR. 50787)
EPA solicited public comment on a document
that was used in the development of an
October 12, 1994 (59 FR 51532) notice of
proposed rulemaking relating to financial
assurance mechanisms for corporate owners
and operators of municipal landfill facilities
and hazardous waste treatment, storage, and
disposal facilities. The Evaluation of the
Meridian Report on Financial Assurance was
inadvertently omitted from the docket to the
October 12, 1994, rulemaking.
12
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September 1996
Federal Registers
NOTICES
EPCRA
"Agency Information Collection
Activities; Emergency Planning and
Release Notification Requirements;
Community Right-to-Know Reporting
Requirements; Trade Secret Claims
for Emergency Planning and
Community Right-to-Know
Information"
September 30,1996 (61 FR51107)
In compliance with the Paper Reduction Act,
EPA requests comments on an Information
Collection Request to be submitted to the
Office of Management and Budget regarding
EPCRA §§302, 303, 304, 311, 312, and 322.
All Programs
"Proposed Guidelines for Ecological
Risk Assessment"
September 9,1996 (61 EB 47552)
EPA published a document entitled Proposed
Guidelines for Ecological Risk Assessment.
The document expands upon the previously
published EPA report, Framework for
Ecological Risk Assessment. EPA630-R-92-
001, February, 1992. The purpose of the
ecological risk assessment guidelines is to
improve the quality of ecological risk
assessments at EPA while increasing
consistency of assessments among the
Agency's program offices and regions.
ATSDR
"Quarterly Public Health Assessments
and Addendum"
September 27,1996 (61 FR 50827)
ATSDR completed public health assessments
and an addendum for sites that are on, or
proposed for inclusion on, the National
Priorities List. Additionally, an assessment
was prepared for a site based on a request from
the public.
CAA
"Clean Air Act Advisory Committee:
Accidental Prevention Subcommittee
and Electronic Submission
Workgroup"
September 12,1996 (61 FR 48153)
Pursuant to the Clean Air Action § 112(r), the
Accident Prevention Subcommittee of the
Clean Air Act Advisory Committee will hold a
series of teleconference meetings from
September 1996 through May 1997. The
discussions will focus on the development of
electronic submission procedures for risk
management plans and public access and
utilization of the data.
Settlements and Consent Decrees
"Proposed Prospective Purchaser
Agreement; Southern Crop Superfund
Site"
September 3, 1996 (61 EB 46462)
"Proposed Settlement; Marco of lota
Superfund Site"
Septembers, 1996 (61 EB 46463)
13
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Federal Registers
September 1996
NOTICES
"Consent Decree; Onalaska Municipal
Landfill Superfund Site"
September 4, 1996(61 FB 46664)
"Consent Decree; Main Street Well Field
Superfund Site"
Septembers, 1996 (61 EB46825)
"Proposed Settlement; In re The Parson's
Company"
Septembers, 1996 (61 FR46825)
"Consent Decree; Lipari Landfill Superfund
Site"
Septembers, 1996 (61 F_B46826)
"Consent Decree; Metcoa Radiation
Superfund Site"
Septembers, 1996(61 EE 46826)
"Consent Decree; Beaunit Circular Knit
and Dyeing Superfund Site"
September 12, 1996 (61 FR 48162)
"Consent Decree; Conrail Superfund Site"
September 12, 1996 (61 FR 48162)
"Consent Decree; Sullivan's Ledge
Superfund Site"
September 12, 1996 (61 EB48163)
"Consent Decree; Sherwood Medical
Company Superfund Site"
September 12, 1996 (61 FR 48164)
"Revised Amended Work Plan; Raymark
Industries, Inc. Superfund Site"
September 13, 1996 (61 FR 48503)
"Proposed De Minimis Settlement;
Colorado School of Mines Research
Institute Superfund Site"
September 17, 1996 (61 FB 48951)
"Consent Decrees; Warwick Superfund
Site"
September 19, 1996 (61 FR 49342)
"Consent Decree; BFI/Rockingham Landfill
Superfund Site"
September 20, 1996 (61 FR 49481)
"Proposed De Minimis Settlement;
Elizabethtown Landfill Superfund Site"
September 23, 1996 (61 FR 49771)
"Amendment to Proposed Settlement;
Marco of lota Superfund Site"
September 25, 1996 (61 FR 50297)
"Proposed Settlement; MIG DeWane
Landfill Superfund Site"
September 25, 1996 (61 FB 50297)
"Consent Decree; Casmalia Resources
Hazardous Waste Management Facility
Superfund Site"
September 27, 1996 (61 FB 50869)
"Consent Decree; Municipal & Industrial
Disposal Company Superfund Site"
September 27, 1996 (61 FB 50869)
"Consent Decree; Turtle Bayou Superfund
Site (also known as the Petro-Chemical
Systems Inc. Superfund Site)"
September 27, 1996 (61 FB 50869)
"Proposed Settlement; Republic Steel
Quarry Superfund Site"
September 27, 1996 (61 FB 50823)
14
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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
3,910
146
246
117
207
56
3
10
1
2
79
196
154
170
410
5,707
* No caller profile data available.
15
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Call Analyses
September 1996
Emergency Planning and Community Right-to-Know Act/
Super-fund Hotline
Manufacturers
Food/Tobacco 62
Textiles 18
Apparel 1
Lumber & Wood 32
Furniture 27
Paper 22
Printing & Publishing 13
Chemicals 161
Petroleum & Coal 50
Rubber and Plastics 33
Leather 8
Stone, Clay & Glass 12
Primary Metals 31
Fabricated Metals 72
Machinery (Excluding Electrical) 18
Electrical&Electronic Equipment 16
Transportation Equipment 15
Instruments 7
Misc. Manufacturing 164
Subtotal 762
Consultants/Engineers 1,774
Attorneys 206
Citizens 154
Public Interest Groups 40
Educational Institutions 37
EPA 50
Federal Agencies 54
GOCOs 5
Congress 2
State Officials/SERC 44
Local Officials/LEPCs 27
Fire Departments 4
Hospitals/Laboratories 6
Trade Associations 11
Union/Labor 1
Farmers 5
Distributors 11
Insurance Companies 13
Media/Press 4
Native Americans 2
International 1
Other 127
Referrals* 420
Transfers to RCRA/UST Hotline* 535
Document Retrieval Line* 0
Message Retrieval Line* 101
* No caller profile data available.
TOTAL NUMBER OF CALLERS 4,396
16
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September 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
7291
4301
2621
71
50
1891
53
199
19
27
2591
3021
172
111
61
22
123
97
6761
131
46
60
9
32
6201
66
1721
94
56
33
53
2351
36
24
72
8
103
13
4
14
121
15
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 2,277 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 569 UST document requests.
74
88
19
9
111
5
10
2861
10
17
11
44
13
14
23
12
42
48
14
7,898*
208'
191
52
1241
1171
77
1211
39
61
48
1161
30
37
12
1,233"
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.
17
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Call Analyses
September 199"6
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
3431
10
57
13
1
31
1451
21
41
1071
24
2
42
79
841
74
5
37
94
59
118
115
7
27
32
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
2811
3621
1821
2651
6
23
1491
10
791
77
34
2201
921
Special Topics:
CAA§112
General
RMPs
List of Regulated Substances
Federal Facilities Executive Order
2571
4371
2421
7
TOTAL QUESTIONS 4,291
•"Includes 1,036 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
147
41
1491
1631
104
1831
13
73
91
3
2
18
80
12
12
2
8
1471
991
27
2411
12
141
2
8
47
104
1661
11
3
21
1051
15
7
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.
-------
September 1996 Call Analyses
Remedial 48
Removal 27
RI/FS 33
Risk Assess./Health Effects 47
ROD 39
RQ 1361
Settlements 44
SITE Program 11
State Participation 11
State Program 12
TAGs 5
Taxes 7
Special Topics
Oil Pollution Act 37
SPCC Regulations 16
Radiation Site Cleanup 13
TOTAL QUESTIONS 2,743*
*Includes 636 Superfund document requests.
TOTAL HOTLINE QUESTIONS
AND DOCUMENT REQUESTS: 16,165
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.
19
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