EPA530-R-96-002) V
SUB-9224-96-010
MONTHLY HOTLINE REPORT
October 1996
RCRA, Superfund & EPCRA
T
Hotline Questions and Answers
Resource Conservation and Recovery Act (RCRA) 1
Underground Storage Tanks (UST) 2
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) 3
Clean Air Act § 112(r) (CAA) 3
New Publications
Resource Conservation and Recovery Act (RCRA) 5
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) 7
Emergency Planning and Community Right-to-Know (EPCRA) 8
i&
Federal Registers- 1
Final Rules 9
Proposed Rules 11
Notices M,. 12
Call Analyses
Caller Profiles.:. 17
Hotline Topics 19
RCRA, Superfund & EPCRA
National Toll-Free No.: 800-424-9346
Local: 703-412-9810
TDD National Toli-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
gopner.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 nailing 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
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National Technical Information Service
(NT1S)
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 19% SUB-9224-96-002
March 19% SUB-9224-96-003
April 19%
May 19%
June 1996
July 19%
August 19%
September 19%
October 19%
RCRA Docket
SUB-9224-96-004
SUB-9224-96-005
SUB-9224-96-006
SUB-9224-96-007
SUB-9224-96-008
SUB-9224-96-009
SUB-9224-96-010
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. Resampling and Groundwater
Monitoring Notification
Requirements
As pan of the ground-water monitoring
requirements of 40 CFR Pan 264, Subpan F,
ownersi operators of permitted hazardous
waste landfills, surface impoundments, waste
piles, or land treatment units must implement
a detection monitoring program. Under this
program, an owner I operator samples the
ground-water at least semi-annually for
permit-specific indicator parameters and
waste constituents, monitoring for statistically
significant evidence of a release from the unit
(§264.98(ajt and (b)). If the owner/operator
determines that such evidence exists, she is
required to notify the Regional Administrator
in writing within seven days and immediately
sample the groundwater for hazardous
constituents listed in Pan 264, Appendix IX,
noting the concentration of any listed
constituents detected (§264.98(gMl) and (2)).
The owner/operator has the option to
resample the groundwater within one month
and repeat the analysis for the hazardous
constituents (§264.98(gX3)). The owner/
operator is required to submit to the Regional
Administrator an application for a permit
modification to establish a compliance
monitoring program within 90 days
(§264.98(g)(4)). If the owner/operator
chooses to resample, must she submit her
permit modification within 90 days of the
initial notification, or the resampling?
Because the determination of the existence
of statistically significant evidence of a release
may be affected by the resampling, the owner/
operator must submit any required permit
modification within 90 days of the resampling.
However, if the resampling shows that no
statistically significant evidence of a release
exists, the owner/operator would not submit a
permit modification and would continue
detection monitoring. If the resampling
confirms the presence of statistically
significant evidence of a release, the owner/
operator must then submit an application for
permit modification within 90 days of the
resampling.
Many statistical procedures written into
permits to comply with the Part 264, Subpart
F, groundwater monitoring requirements
involve verification resampling and retesting
procedures as a means to simultaneously
control Type I, or "false negative," error rates
and improve statistical power. With such
procedures, statistically significant evidence
of a release from a unit is not necessarily
indicated by a single "statistically significant"
exceedance. Instead, the results of the
statistical test are not interpreted until all
resampling and retesting activities have been
completed. Thus, an initial exceedance of a
prediction limit, for example, could be
followed by a single or double independent
resampling and retesting procedure. Should
either the first or second independent retests
lie below the prediction limit, then no
statistically significant increase should be
inferred, and the owner/operator may resume
detection monitoring without performing the
complete Part 264, Appendix IX, analysis or
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Hotline Questions and Answers
October 1996
conducting a permit modification. Details of
these and other statistical procedures can be
found in Statistical Analysis of Groundwater
Monitoring Data at RCRA Facilities —
Addendum to Interim Final Guidance
(EPA530-R-93-003).
2. Release Reporting Requirements for
Underground Storage Tanks
An operator of an underground storage
tank (UST) accidentally overfills his tank,
resulting in a 5-gallon spill of petroleum.
According to the federal UST regulations of 40
CFR Part 280, owners and operators of UST
systems who contain and immediately clean up
petroleum spills or overfills of less than 25
gallons do not have to report the spills to their
implementing agency (§28033(b)). However,
§280.61(a) states that all releases from UST
systems must be reported to the implementing
agency. What is the difference between these
two provisions, and which provisions would
apply to the operator in this case?
V
The operator of the UST would not have to
report the 5-gallon aboveground spill of
petroleum to his implementing agency
provided he contains and immediately cleans
up the spill. The provisions of §280.53 pertain
specifically to aboveground spills and overfills
from an UST, whereas the release reporting
requirements of §280.61 (a) pertain specifically
to underground releases from USTs (53 ER
37172, 37176; September 23,1988).
According to §280.53(a), all spills and overfills
of petroleum from an UST which result in a
release to the environment that exceeds 25
gallons, and all spills and overfills of a
hazardous substance which result in a release
to the environment that equals or exceeds its
reportable quantity under CERCLA, must be
reported to the implementing agency. Any
spill or overfill of petroleum from an UST that
is less than 25 gallons, or any spill or overfill
of a hazardous substance that is less than its
reportable quantity, need not be reported to the
implementing agency provided that the owner
or operator of the UST contains and
immediately cleans up the spill or overfill
(§280.53(b)). Any underground release of
petroleum or a hazardous substance, however,
must be reported to the implementing agency
regardless of the volume of the release
(§280.61(a)). In addition, states may have
more stringent UST reporting requirements
than the federal requirements.
3. Underground Storage Tank Spill
Catchment Basin Size Requirement
Owners/operators of underground storage
tank (UST) systems must comply with the spill
and overfill requirements in 40 CFR Part 280,
Subpart B. New and existing UST systems
must prevent spilling and overfilling
associated with product transfer by complying
with equipment standards under §280.20. An
owner/operator of an UST is using a spill
catchment basin to comply with the spill
prevention requirements (§280.20(c)(l)(i)).
Do the UST regulations specify a size for this
spill catchment basin?
The UST regulations do not specify a size
for spill catchment basins, but rather, establish
a performance-based standard. The design and
size of the spill catchment basin should be of
sufficient size to contain spills and prevent
releases to the environment (§280.20(c)(l)(i)
and 53 ER 37134; September 23, 1988). EPA
originally proposed that catchment basins
should be large enough to contain the volume
of the transfer hose (52 ER 12779; April 17,
1987). This language was modified in the
September 23, 1988, final rule to allow the
appropriate volume of the catchment basin to
be determined case by case. EPA also allows
the use of alternative devices to prevent spills
if they are approved by the implementing
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October 1996
Hotline Questions and Answers
agency (§280.20(c)(2)(i)). In addition, EPA
does not require spill or overfill prevention
equipment when the UST system is filled by
transfers of no more than 25 gallons of
regulated substances at one time
(§280.20(c)(2)(ii)). The state or implementing
agency should be contacted to determine if
more stringent regulations are in place in a
particular jurisdiction.
CERCLA
4. CERCLA §103(a) Release
Notification Requirements for
Friable and Non-friable Forms of
Asbestos
CERCLA §103(a) requires the person in
charge of a facility or vessel to report a
release of a hazardous substance, that equals
or exceeds a reportable quantity (RQ), to the
National Response Center. The hazardous
substances and their reportable quantities are
listed in 40 CFR §302.4. Asbestos is listed as
a hazardous substance. The asbestos listing
includes a footnote indicating that the RQ is
limited to friable forms only. Is non-friable
asbestos a CERCLA hazardous substance?
Does CERCLA liability attach to releases of
non-friable forms of asbestos?
Both friable and non-friable forms of
asbestos are CERCLA hazardous substances.
The carcinogenic potential of asbestos is
related, however, to specific airborne fiber
shapes, sizes, and concentrations (Technical
Background Document to Support Rulemaking
Pursuant to CERCLA Section 102, Volume 3,
July 1989). EPA does not require reporting of
non-friable forms of asbestos. Although
releases of non-friable asbestos are exempt
from release notification requirements, such
releases are still subject to CERCLA response
and liability provisions.
CAA§112(r)
5. Relationship Between the Risk
Management Program Rule and the
Process Safety Management
Standard
The Clean Air Act Amendments of 1990
(CAAA) mandated the Occupational Safety and
Health Administration (OSHA) to develop a
regulatory program to protect workers from the
risk of accidents that involve hazardous
chemicals. OSHA promulgated its Process
Safety Management Standard (PSM) on
February 24,1992 (57 EK 6356), codified at 40
CFR §1910.119. The CAAA also mandated
EPA to develop a regulatory program to reduce
the risk of serious chemical accidents that could
affect public health and the environment. In
response, EPA promulgated its List Rule on
January 31,1994 (59 E&4478), and its Risk
Management Program Rule on June 20,1996
(61 EK 31668), codified at 40 CFR Part 68.
Would a stationary source that is in compliance
with OSHA's PSM already be in compliance
with EPA's Risk Management Program Rule?
A process that is subject to OSHA's PSM,
unless it meets the criteria for Program 1
eligibility, will be subject to Program 3
requirements under EPA's Risk Management
Program Rule. The prevention program
requirements for Program 3 processes under 40
CFR §§68.65 through 68.87 are almost identical
to the requirements of OSHA's PSM. Thus, a
source owner or operator responsible for a
process that is in compliance with OSHA's
PSM should already be in compliance with the
Program 3 prevention program requirements
(61 EK 31687; June 20,1996). The owner or
operator of the stationary source would still
need to. develop a management system, conduct
a hazard assessment, develop and implement an
emergency response program, and submit a risk
management plan.
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NEW PUBLICATIONS
HOW TO ORDER
NTIS Publication* 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 Publication* 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 Toil-Free No.: (800) 553-7672
EPA's fuc-on-damand 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), (202) 651 -2061 (for CEPPO
documents), and (202) 651-2062 (for OERR 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: 19% Buy-Recycled Series:
Construction Products
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-96-020
This fact sheet outlines the availability and
benefits of using construction products
containing recovered material. The document
also contains examples and case studies on the
use of recycled material in construction and
summarizes the federal procurement program
promoting the purchasing of products made
with recovered materials.
TITLE: Environmental Fact Sheet: Electronic
Access to OSW
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-96-006
This fact sheet discusses the electronic
availability of information including, consumer
information, policy and guidance documents,
and hazardous waste databases. It details how
to access Office of Solid Waste Bulletin Board
Systems, the EPA Public Access Server
available via the Internet and modem, and
electronic mailing lists.
TITLE: Environmental Fact Sheet: Land
Disposal Restrictions (LDR) Treatability
Variance Approved for CITGO Petroleum
Refinery
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-96-017
This fact sheet announces EPA's approval of a
site specific treatability variance from the LDR
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New Publications
Octoberi996
treatment standards for F037 and F038
nonwastewaters removed from the CITGO
Corporation surface impoundment in Lake
Charles, Louisiana. This variance is specific
to the F037 and F038 sludge removed during
remediation of the CITGO surface
impoundment and does not apply to any other
wastes.
TITLE: International Waste Minimization
Approaches and Policies to Metal Plating
AVAILABILITY: NTIS
NTIS ORDER NO.: PB96-196 753
This report on metal plating provides a
comprehensive industry overview, detailed
descriptions of wastes generated by metal
plating operations, waste minimization/
pollution prevention techniques with specific
examples, and tools for evaluating pollution
prevention opportunities. This document is
also a review and evaluation of the relevant
policies used by the U.S. and other
Organization for Economic Cooperation and
Development member countries to promote or
mandate waste minimization. Appendices
include international policy approaches,
implication and evaluation of policies, U.S.
federal and state pollution prevention plans/
policies, and a list of pollution prevention
contacts.
TITLE: RCRA Public Participation Manual
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-R-96-007
This manual provides an overview of the
public involvement process and how to
coordinate public involvement activities in the
RCRA permitting process and corrective
action cleanup process. It provides guidance
for all RCRA stakeholders including,
permitting agencies, public interest
organizations, community members, and
regulated facilities interested in public
participation procedures. The document also
includes several appendices listing EPA, state
environmental, League of Women Voters, and
Pollution Prevention and Small Business
Assistance contacts; an environmental justice
public participation checklist; guidance for
community advisory groups at Superfund sites;
examples of public notices and RCRA public
participation tools; and a glossary of acronyms.
TITLE: WasteWiSe Second-Year Progress
Report
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-R-96-016
ThL publication highlights the achievements
of the WasteWi$e program's second year and
describes the results achieved by WasteWi$e
partners in 1995. The document also includes
information on waste prevention, innovations
in office waste prevention, recyclables
collection, and the purchase or manufacture of
recycled products. A WasteWi$e program
registration form is also included.
TITLE: WasteWiSe Tip Sheet: Donating
Surplus Food to the Needy
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-96-038
This document provides businesses with
information on how to contribute excess food
not used in food service operations to the
needy. It discusses donor responsibilities, lists
successful examples of companies that have
participated in such a program, and provides
resources for getting a food donation program
'started. Successful programs by Hallmark and
Coca*Cola are highlighted.
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October 1996
New Publications
TITLE: WasteWi$e Tip Sheet: Managing
Food Scrap as Animal Feed
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-96-037
This fact sheet discusses the collection of food
scraps for use as livestock feed as part of a
waste reduction program. The document
addresses safe storage and handling
procedures, permitting and other requirements,
locating a fanner, tips for evaluating the
feasibility of establishing a program. The
tipsheet also discusses two examples of
businesses that have implemented food scrap
recycling.
CERCLA
TITLE: Superfund Reforms: Updating
Remedy Decisions
AVAILABILITY: NTIS
NTIS ORDER NO.: PB96-963 252
This memorandum was developed as part of
the October 2,1995, Administrative Reforms.
The memo provides detailed expectations
regarding the Remedy Updates Initiative. This
initiative was designed to encourage
appropriate changes to existing remedy
decisions, and to enhance overall remedy and
cost effectiveness without compromising the
protectiveness of other objectives of the
Superfund program.
TITLE: Recently Enacted Lender and
Fiduciary Liability Amendments
AVAILABILITY: Lesley Griffin
(202) 564-6086
This memorandum presents the highlights of
the amendments that were developed in
conjunction with the Asset Conservation,
Lender Liability, and Deposit Insurance
Protection Act of 1996. The amendments to
this Act include lender and fiduciary liability
amendments to CERCLA, amendments to the
secured creditor exemption set forth in Subtitle
I of RCRA, and validation of the portion of the
CERCLA Lender Liability Rule that addresses
involuntary acquisitions by government
entities.
TITLE: National Consistency in Superfund
Remedy Selection
AVAILABILITY: Hotline
OSWER DIRECTIVE NO.: 9200.0-21
This memorandum highlights the
Administrative Reforms announced in October
1995, that were designed to improve the
national consistency of remedy selection
decisions. The critical importance of
maintaining appropriate national consistency in
the Superfund remedy selection process is
emphasized throughout the memorandum. The
guidance encourages program managers to
take full advantage of the existing tools and
consultation opportunities to promote such
consistency.
TITLE: The Effect of Superfund on Lenders
the Hold Security Interests in Contaminated
Property
AVAILABILITY: Lesley Griffin
(202) 564-6086
The security interest exemption under
CERCLA was developed to protect certain
lenders from owner/operator liability under the
statute. This fact sheet summarizes the
security interest exemption, and the policy on
CERCLA Enforcement Against Lenders and
Government Entities That Acquire Property
Involuntarily. Frequently asked questions
regarding CERCLA's effect on lenders are also
addressed.
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New Publications
October 1996
TITLE: Transmittal of Special Account Short
Sheet
AVAILABILITY: Rosa Queen
(202)564-5164
The increased use of Special Accounts was
endorsed in the Superfund Reforms,
announced on October 2, 1995. This short
sheet was developed to familiarize Regional
management and staff with Special Accounts
and how to create and use them. The
information presented covers answers to
frequently asked questions, and the step-by-
step process of how to create and use a Special
Account.
TITLE: Pre-CERCLIS Screening Guidance
AVAILABILITY: Hotline
OSWER DIRECTIVE NO.: 9200.4-05
This directive was designed to ensure that the
CERCLIS database becomes a more accurate
inventory of hazardous substance sites. Sites
that are likely to be addressed by states, or
under federal authority other than CERCLA, or
for which there is insufficient information to
substantiate the presence of hazardous
substances, should not be entered into
CERCLIS. This document outlines the need to
maintain CERCLIS as a list of sites which
Regions and States/Tribes believe, based on
available data, will require a response using
Superfund authorities and resources.
EPCRA
TITLE: Expert Review of EPA Chemical
Accident Investigation Report: Terra
Industries, Inc. — Nitrogen Fertilizer Facility,
Port Neal, Iowa
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA550-R-96-002
http://www.epa.gov/swercepp/pubs.html
In January 19%, a team of investigators in the
Region VII office, published the original report
on the investigation of chemical accidents at
the Terra Industries' Nitrogen Fertilizer
facility. EPA contracted five independent
experts to review this report, this document
presents the comments and recommendations
of those independent expert reviewers.
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FEDERAL REGISTERS
You may order copies of all major RCRA, Superfund, and EPCRA Fadaral Registers by calling the Hotline.
RCRA, Superfund. and EPCRA National Toil-Free No.: (800) 424-9346
Local: (703) 412-9810 TDD National Toil-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://wvirw.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 RCRAAJST 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
"Oklahoma: Final Authorization of
State Hazardous Waste Management
Program Revisions"
October 9,1996 (61EB 52884)
EPA announced plans to approve a revision
to Oklahoma's hazardous waste program.
This final authorization will become effective
December 23,1996, unless EPA publishes a
withdrawal notice prior to that date.
"Ohio: Authorization of State
Hazardous Waste Management
Program"
October 23,1996 (61 EB 54950)
EPA announced plans to approve a revision
to Ohio's hazardous waste program. This
final authorization will become effective
December 23,1996, unless EPA publishes a
withdrawal notice prior to that date.
"Montana: Final Authorization of State
Hazardous Waste Management
Program Revision"
October 25,1996 (61 EB 55223)
EPA announced plans to approve Montana's
hazardous waste program revisions. Final
authorization for Montana will be effective
December 24, 1996, unless EPA publishes a
withdrawal notice prior to this date.
"Land Disposal Restrictions:
Treatabillty Variance for CITGO
Petroleum Refinery, Lake Charles,
Louisiana; Final Rule"
October 28,1996 (61 EB 55718)
EPA granted a site-specific variance from
the land disposal restrictions treatment
standards for F037 and F038 nonwastewaters
that are removed from the Surge Pond located
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Federal Registers
October 1996
at the CITGO Corporation petroleum refinery
outside Lake Charles, Louisiana. EPA
provided the alternative treatment standards
that apply to CITGO when disposing of the
sludge removed from the Surge Pond.
"Underground Storage Tank Program
Approved State Program for
Massachusetts"
October 31,1996 (61 EH 56135)
EPA codified in 40 CFR Part 282 the prior
approval of Massachusetts's underground
storage tank program and incorporated by
reference appropriate provisions of state
statutes and regulations.
CERCLA
"National Priorities Ust; AMP
Superfund Site"
October 2,1996 (61 EH 51373)
EPA announced the deletion of the AMP
Site, located in Glen Rock, York County,
Pennsylvania, from the National Priorities
List. The Agency published a notice of its
intent to delete the site on July 26,1996 (61
FR 39104). The Agency has determined that
deferral of the site to RCRA authorities is
appropriate, and the Commonwealth of
Pennsylvania concurs.
"National Priorities Ust; Chemet
Company Superfund Site"
October 9,1996 (61EB 52886)
EPA announced the deletion of the Chemet
Company Site, located in Fayette County,
Tennessee, from the National Priorities List
The Agency published a notice of its intent to
delete the site on August 21,1996 (61 £R
43205). The Agency and the State of
Tennessee have determined that no further
cleanup under CERCLA is appropriate and
that remedial actions conducted at the site
have been protective of public health, welfare,
and the environment.
"National Priorities List; Gold Coast Oil
Corporation Superfund Site"
October 9,1996 (61 EB 52887)
EPA announced the deletion of the Gold
Coast Oil Corporation Site, located in Dade
County, Florida, from the National Priorities
List The Agency published a notice of its
intent to delete the site on August 21,1996
(61 ER 43203). EPA and the State of Florida
Department of Environmental Protection have
determined that the site poses no significant
threat to public health or the environment and
therefore, further response measures pursuant
to CERCLA are not appropriate.
"National Priorities List; Northwest
58th Street Landfill Superfund Site"
October 11,1996 (61 EB 53328)
EPA announced the deletion of the
Northwest 58th Street Landfill Site, located in
Dade County, Florida, from the National
Priorities List The Agency published a notice
of its intent to delete the site on August 2,
19% (61 ER 40371). EPA and the State of
Florida Department of Environmental
Protection have determined that the site poses
no significant threat to public health or the
environment and therefore, further response
measures pursuant to CERCLA are not
appropriate.
"National Priorities List; Oak Grove
Sanitary Landfill Superfund Site"
October 17,1996 (61 EB 54098)
EPA announced the deletion of the Oak
Grove Sanitary Landfill Site, located in
Minnesota, from the National Priorities List
The Agency published a notice of its intent to
10
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October 1996
Federal Registers
delete the site on July 29, 1996 (61 EB, 39383).
EPA and the State of Minnesota have
determined that remedial actions conducted at
the site remain protective of public health,
welfare, and the environment.
"National Priorities List; Marathon
Battery Company Superfund Site"
October 18,1996 (61 EH 54343)
EPA announced the deletion of the Marathon
Battery Company Site, located in Cold Spring,
New York, from the National Priorities List.
The Agency and the State of New York have
determined that no further cleanup under
CERCLA is appropriate and that remedial
actions conducted at the site have been
protective of public health, welfare, and the
environment.
"National Institute of Environmental
Health Sciences Hazardous
Substances Basic Research and
Training Grants"
October 24,1996 (61 EH 55113)
The National Institutes of Health issued new
regulations to govern grants for research and
training awarded by the National Institute of
Environmental Health Sciences for the purpose
of understanding, assessing and attenuating the
adverse effects on human health from exposure
to hazardous substances. The grants are
authorized by §31 l(a) of CERCLA.
"National Priorities List; Com Bay, Near
Shore/Tide Flats Superfund Site"
October 29,1996 (61EB 55751)
EPA announced the deletion of portions of
the Com Bay, Near Shore/Tide Flats Site,
located in Tacoma, Pierce County,
Washington, from the National Priorities List.
The Agency, the State of Washington, and the
Puyallup Tribe of Indians have determined that
the deleted portions of the site pose no
significant threat to public health or the
environment and, therefore, further remedial
measures pursuant to CERCLA are not
necessary.
PROPOSED RULES
RCRA
"Extension of Comment Period for the
Proposed Identification and Listing of
Hazardous Waste/Solvents"
October 2,1996 (61 EH 51397)
EPA extended the comment period for the
proposed listing determination for spent
solvents (61 ER 42318; August 14,1996). The
final day for public comment is now
November 14,1996.
CERCLA
"National Priorities List; Spence Farm
Superfund Site"
October 25,1996 (61 EH 55260)
Notice of Intent to Delete
"National Priorities List; Pijack Farm
Superfund Site"
October 25,1996 (61 EB 55261)
Notice of Intent to Delete
"National Priorities List; Geneva
Industries Superfund Site"
October 31,1996 (61 EB 56194)
Notice of Intent for Partial Deletion
11
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Federal Registers
Octoberi996
"National Priorities List; Triangle
Chemical Company Superfund Site"
October 31,1996 (61 EB 56197)
Notice of Intent to Delete
NOTICES
RCRA
"Alabama; Approval of State
Underground Storage Tank Program"
October 2,1996 (61 EB 51875)
EPA has made a tentative decision that
Alabama's underground storage tank program
satisfies all of the requirements necessary to
qualify for approval. Alabama's application
for approval is available for public review and
comment
"Underground Injection Control
Program Nonhazardous Waste
Disposal Injection Restriction Petition
for Exemption - Class I Nonhazardous
Waste Injection Has Been Granted to
Abbott Laboratories, Wichita, Kansas"
October 7,1996 (61 EH 52450)
EPA granted Abbott Laboratories an
exemption from the land disposal restrictions
for their Class I Nonhazardous Waste injection
well located in Wichita, Kansas.
"Lead Model Validation Workshop"
October 8,1996 (61 EB 52790)
EPA announced a workshop to explore
approaches and results for the validation of
models that predict lead exposure and risk.
"Indiana: Final Full Program
Determination of Adequacy of State
Municipal Solid Waste Landfill Permit
Program"
October 8,1996 (61 EB 52791)
EPA issued a tentative determination of
adequacy for all portions of Indiana's
municipal solid waste landfill permit program.
The application for full program adequacy is
available for public review and comment. If
no adverse comments are received within sixty
days, the determination will become final and
effective.
"Underground Injection Control
Program; Hazardous Waste Injection
Restrictions; Petition for Exemption -
Class I Hazardous Waste Injection •
ASARCO, Inc. (ASARCO)"
October 9,1996 (61 EB 52942)
EPA granted ASARCO, Inc. an exemption
from the land disposal restrictions for their
Class I hazardous waste injection wells located
at the Amarillo, Texas, facility.
"Calculation of the Economic Benefit of
Noncompliance in EPA's Civil Penalty
Enforcement Cases"
October 9,1996 (61 EB 53025)
EPA requested comment on the calculation of
the economic benefit obtained by regulated
entities as a result of violating environmental
regulations. Comments must be received by
January 1,1997.
12
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October 1996
Federal Registers
NOTICES
"Definition of Solid Waste and
Hazardous Waste Recycling; Notice of
Public Meeting"
October 25,1996 (61 £B 55252)
EPA announced a public meeting that will be
held on November 19,1996, to discuss issues
concerning Agency efforts to modify the
current definition of solid waste and hazardous
waste recycling regulations.
"Notice of Data Availability and
Extension of Comment Period on
Environmental Release Descriptions
Supporting the Hazardous Waste
Characteristics Scoping Study"
October 29,1996 (61 EB 55800)
EPA announced the availability of the
individual facility site profiles associated with
the draft report entitled Hazardous Waste
Characteristics Scoping Study: Environmental
Release Descriptions. Copies will be available
from the RCRA Information Center after
October 28,19%.
"Transfer of Confidential Business
Information to Contractors'*
October 31,1996 (61 EB 56230)
EPA announced plans to transfer
Confidential Business Information no sooner
than November 12,19%, to its contractor,
Research Triangle Institute and its
subcontractors: Abt Associates, Inc.; Allison
Geoscience Consultants, Inc.;
HydroGeoLogic, Inc.; Research and
Evaluation Associates, Inc.; and Science
Applications International Corporation that
has been or will be submitted to EPA under
§3007 of RCRA.
CERCLA
"Revised Guidance on Procedures for
Submitting CERCLA §106(b)
Reimbursement Petitions and on EPA
Review of Those Petitions"
October 25,1996 (61 EB 55298)
EPA's Environmental Appeals Board revised
guidance on procedures for submitting
reimbursement petitions pursuant to CERCLA
§106(b). Section 106(b)(2) of CERCLA
allows any person who has complied with an
administrative order issued under CERCLA
§106(a) to petition for reimbursement of the
reasonable costs incurred in complying with
the order, plus interest. To establish a claim
for reimbursement, a petitioner must
demonstrate that it was not liable for response
costs under CERCLA §107(a), or that EPA's
selection of the ordered response action was
arbitrary and capricious or was otherwise not
in accordance with the law.
EPCRA
"Addition of Reporting Elements; Toxic
Chemical Release Reporting;
Community Right-to-Know"
October 1,1996 (61 EB 51322)
EPA provided notice of its consideration of
requiring increased information available to
the public on chemical use. EPA solicits
comments on all aspects of chemical use and
the collection of chemical use data.
13
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Federal Registers
October 1996
NOTICES
"Emergency Planning and Community
Right-to-Know; Notice of Public
Meetings"
October 1,1996 (61 EB 51330)
EPA held two public meetings to receive
public comment on issues raised by the
Agency's advance notice of proposed
rulemaking on increasing the information
available to the public on chemical use. The
first meeting was held in Boston,
Massachusetts, on October 16,1996, and the
second meeting was held in Baton Rouge,
Louisiana, on October 30,19%.
"Copper Metal; Toxic Chemical Release
Reporting; Community Right-to-
Know"
October 18,1996 (61 EB 54381)
-: ^
EPA denied a petition to remove copper
metal (CAS No. 7440-50-8) from the list of
chemicals subject to the reporting requirements
under §313 of EPCRA and section 6607 of the
Pollution Prevention Act of 1990. The Agency
determined that copper metal did not meet the
deletion criterion of EPCRA §313(d)(3).
"Emergency Planning and Community
Rlght-to-Know; Notice of Public
Meetings'*
October 28,1996 (61 EB 55612)
.•I *»
?•
EPA amended a Notice of Public Meetings
published on October 1,1996 (61 EB. 51330).
EPA held pubtic meetings to receive public
comment on issues raised by the Agency's
advance notice of proposed rulemaking on •
increasing the information available to the
public on chemical use. The meeting in Baton
Rouge, Louisiana, was extended an extra day
(October 29 and 30,1996) to allow for more
speakers. EPA also announced a third public
meeting in Washington, DC, scheduled for
December 3 and 4, 19%.
ATSDR
"Citizens Advisory Committee on
Public Health Service Activities and
Research at Department of Energy
(DOE) Sites: Savannah River Site
Health Effects Subcommittee Meeting"
October 10,1996 (61 EB 53227)
The Agency for Toxic Substances and
Disease Registry and the Centers for Disease
Control and Prevention held meetings on
October 24 and 25,1996, to discuss health
assessments conducted at the Savannah River
Site.
OTHER
"Facility Identification Initiative"
October 7,1996 (61 EB 52588)
EPA is considering options for establishing a
national standard for the reporting and
maintenance of information regarding the
identification of facilities that are subject to
federal environmental reporting and permitting
requirements. The Agency requests comments
from the public concerning this initiative.
Comments must be received by December 23,
19%.
Settlements and Consent Decrees
"Consent Decree; Solvent Recovery
Service Superfund Site"
Octobers, 1996 (61 EB51719)
14
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October 1996
Federal Registers
NOTICES
"Consent Decree; General Electric/
Shepherd Farm Superfund Site"
Octobers, 1996 (61 £351720)
"Proposed Settlement; Prestolite Battery
Superfund Site"
October 7,1996 (61 EB 52451)
"Proposed Settlement; Gray PCB
Superfund Site"
October 9,1996 (61 EB 52946)
"Consent Decree; Commencement Bay
South Tacoma Channel Superfund Site"
October 15,1996 (61 EB 53760)
"Consent Decree; Red Oak Landfill
Superfund Site" .
October 15,1996 (61 EB 53761)
"Consent Decree; Bridgeport Rental and
Oil Services Superfund Site"
October 17,1996 (61 EB54215)
"Consent Decree; Conrail Superfund Site"
October 17,1996 (61 EB54216)
"Consent Decree; Norwood PCB
Superfund Site"
October 17,1996 (61 £B 54216)
"Consent Decree; Danforth Corporation
Superfund Site'
October 17,1996 (61 EB54217)
"Settlement Agreement; Commencement
Bay/Near Shore Tideflats Superfund Site"
October 17,1996 (61 EB54217)
"Consent Decree; McColl Superfund Site"
October 17,1996 (61 EB 54218)
"Consent Decree; Old Minot Landfill
Superfund Site"
October 18, 1996 (61 EB 54455)
"Consent Decrees; Woodlawn Landfill
Superfund Site"
October 18,1996 (61 EB 54455)
"Consent Decree; Jack's Creek/Sitkin
Smelting Superfund Site"
October 18,1996 (61 EB 54456)
"Consent Decree; Standard Steel
Superfund Site"
October 24,1996 (61 EB 55170)
"Settlement Agreement; In re M&V
Electroplating Corp."
October 24,1996 (61 EB55171)
"Consent Decree; In re M&V Electroplating
Corp."
October 24,1996 (61 EB55172)
"Consent Decree; 5 Greenleaf Street
Superfund Site"
October 24,1996 (61 EB 55172)
"Partial Consent Decree; M.T. Richards,
Inc. Superfund Site"
October 24,1996 (61 EB55172)
"Proposed Administrative Settlement;
Denver Radium Superfund Site"
October 25,1996 (61 EB 55302)
"Proposed De Minimis Settlement; Taylor
Road Landfill Superfund Site"
October 30,1996 (61 EB 55987)
15
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16
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CALL ANALYSES
CALLER PROFILE
RCRA/UST Hotline
Regulated Community
Citizens
State & Local Government
Native Americans
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
4,184
178
276
4
140
192
97
1
7
2
1
84
252
201
140
527
6,286
* No caller profile data available.
17
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Call Analyses
October 1996
Emergency Planning and Community Right-to-Know Act/
Superfund Hotline
Manufacturers
Food/Tobacco 85
Textiles 13
Apparel 4
Lumber & Wood 41
Furniture 28
Paper 27
Printing & Publishing 16
Chemicals 204
Petroleum & Coal 72
Rubber and Plastics 45
Leather 6
Stone, Clay & Glass 11
Primary Metals 38
Fabricated Metals 85
Machinery (Excluding Electrical) 22
Electrical&Electronic Equipment 17
Transportation Equipment 18
Instruments 2
Misc. Manufacturing 209
Subtotal 943
Consultants/Engineers 2,208
Attorneys 256
Citizens 184
Public Interest Groups 36
Educational Institutions 41
EPA 56
Federal Agencies 47
GOCOs 9
Congress 6
State Officials/SERC 45
Local Officials/LEPCs 32
Fire Departments 4
Hospitals/Laboratories 5
Trade Associations 3
Union/Labor 5
Farmers 7
Distributors 17
Insurance Companies 19
Media/Press 9
Native Americans 6
International 4
Other 84
Referrals* 461
Transfers to RCRA/UST Hotline* 593
Document Retrieval Line* 0
Message Retrieval Line* 87
* No caller profile data available.
TOTAL NUMBER OF CALLERS 5,167
18
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October 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
8181
1,246'
4571
3261
87
52
2031
64
220
23
18
2931
3461
203
124
72
37
157
114
7991
148
57
62
11
36
7091
82
1991
105
66
35
86
2471
44
26
87
7
119
17
10
-17
134
22
SUBTITLE D
Household Hazardous Wastes 86
Subtitle D - General 106
Technical Standards 20
Industrial Wastes 23
Municipal Wastes 102
Indian Lands 4
Financial Assurance 30
Solid Waste Recycling/Markets -
General 3021
Aluminum 16
Batteries 23
Glass 18
Paper 47
Plastics 22
Tires 19
Used Oil 28
Composting 13
Procurement 72
Source Reduction/Pollution Prevention 68
Grants and Financing 18
TOTAL QUESTIONS 9,002*
* Includes 2,182 RCRA document requests.
UST
General/Misc. 1921
Applicability/Definitions 177
Regulated Substances 41
Standards for New Tank Systems 1081
Tank Standards and Upgrading 961
Operating Requirements 65
Release Detection 1021
Release Reporting & Investigation 32
Corrective Action for USTs 53
Out-of-Service/Closure 40
Financial Responsibility 951
State Programs 22
Liability/Enforcement 27
LUST Trust Fund 6
TOTAL QUESTIONS 1,056*
* Includes 512 UST document requests.
1 Hot topks for thfe BOB*
•Topics arc calculated as fee i
multiple questions.
of all questions received by the Hotline. A single call may result In
19
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Call Analyses
October 1996
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
General:
General Title IH 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)V~ :
General
MSDS Reporting Requirements
Tier I/II Requirements
Thresholds
Hazard Categories
Mixtures Reporting
Exem
37
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October 1996 Call Analyses
Remedial 73
Removal 33
RI/FS 66
Risk Assess./Health Effects 50
ROD 37
RQ 1481
Settlements 46
SITE Program 6
State Participation 8
State Program 13
TAGs 1
Taxes 2
Special Topics
Oil Pollution Act 4
SPCC Regulations 7
Radiation Site Cleanup 11
TOTAL QUESTIONS 3,141*
•Includes 910 Superfund document requests.
TOTAL HOTLINE QUESTIONS
AND DOCUMENT REQUESTS: 18^25
1 Hot topics for this amth
• Topics an calculated as the summation of all questions received by the Hotline. A single call nay result In
multiple questions.
21
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