EPA530-R-96-002k V
SUB-9224-96-011
MON
HLY HOTLINE REPORT
ivember 1996
, Superfund, and EPCRA
Hotline Questions and Answers
Resource Conservation and Recovery Act (RCRA) 1
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) 3
New Publications
Resource Conservation and Recovery Act (RCRA) 5
Underground Storage Tanks (UST) 9
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) 9
Federal Registers
Final Rules .' 11
Proposed Rules 13
Notices 13
Call Analyses
Caller Profiles 19
Hotline Topics 21
RCRA, Superfund, and EPCRA
National Toil-Free No.: 800-424-9346
Local: 703-412-9810
TDD National Toll-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.
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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 SUB-9224-96-002
March 1996 SUB-9224-96-003
April 1996
May 1996
June 1996
July 1996
August 1996
September 1996
October 1996
November 1996
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
SUB-9224-96-011
.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. Coolant Recycling and Used Oil
Processing
A used oil generator uses an on-site
filtration system to filter contaminants from
metal working oils, commonly known as
coolants, in order to extend the life of these
oils. Is such on-site coolant recycling by the
used oil generator considered used oil
processing under 40 CFR Part 279?
On-site coolant recycling by a generator is
not considered used oil processing if done in
accordance with §279.20(b)(2)(ii). Processing
is defined in §279.1 as, "chemical or physical
operations designed to produce from used oil,
or to make used oil more amenable for
production of fuel oils, lubricants, or other
used oil-derived product." Processing
includes, but is not limited to: blending used
oil with virgin petroleum products, blending
used oils to meet the fuel specification,
filtration, simple distillation, chemical or
physical separation, and re-refining. Whether
used oil is being processed depends on the
purpose for which the used oil is being
filtered, separated, or otherwise reconditioned.
These activities constitute processing if they
are intended to produce used oil derived
products or facilitate the burning of used oil
for energy recovery.
Coolant recycling, which includes the on-
site maintenance, filtering, separation,
reconditioning, or draining of coolants used in
machining operations, is intended to extend
the life of the oil and is incidental to the
production process. This type of recycling is
incidental or ancillary to a primary processing
activity and is not intended to produce used oil
derived products or facilitate burning for
energy recovery. Therefore, EPA did not
intend to regulate these practices as used oil
processing (59 FR 10555-6; March 4, 1994).
Such coolant recycling is not considered
processing as long as the coolant is generated
on site and is not being sent directly off site to
a burner of used oil. The generator (or
collection center or aggregation point) must
comply with the requirements set forth in
§279.20(b)(2)(ii).
2. Recycling Presumption Under Part
279
According to 40 CFR §279.10(a), used oil
handlers are subject to the Part 279 used oil
management standards until the used oil is
disposed of or sent for disposal. How is a
used oil generator regulated if he/she sends
used oil to a processor to be recycled, but the
processor disposes of it instead? In this
situation, is the generator required to
determine if the used oil is hazardous, since it
was not recycled?
No, the generator is not required to
conduct a hazardous waste determination for
the used oil originally sent to the processor to
be recycled. The Part 279 used oil
management standards are based on a
presumption that all used oil is recyclable and
should be managed under one set of standards.
Even if the used oil exhibits a hazardous waste
characteristic or will ultimately be disposed of
by a different used oil handler, it is still
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Questions and Answers
November 1996
subject to Part 279 (57 FR 41578;
September 10, 1992). The recycling
presumption allows a used oil handler or any
other person who handles the oil prior to the
person who decides to dispose of the oil, to
presume that his/her used oil will be recycled
regardless of its final disposition.
Once a used oil handler determines the
used oil will be sent for disposal, he/she must
conduct a hazardous waste determination
pursuant to §262.11. Since used oil is not a
listed hazardous waste under RCRA, it would
be subject to all applicable Subtitle C
regulations if it exhibits a hazardous waste
characteristic. Additionally, the recycling
presumption and the Part 279 standards do not
apply if the used oil is mixed with a listed
hazardous waste (except for a conditionally
exempt small quantity generator (40 CFR
§279.10(b)(3)), or mixed with a characteristic
hazardous waste which does not meet the
provisions of §279.10(b)(2). In either of these
situations, the used oil/hazardous waste
mixture would be subject to Subtitle C
regulation.
Finally, not all of the federal Part 279
standards are effective in every state. Used oil
handlers should contact their state agencies for
specific regulatory requirements which could,
potentially, be more stringent than the federal
standards.
3. State Authorization and Used Oil
Recycled Through Some Other
Means Than Burning For Energy
Recovery
In a state where the 40 CFR Part 279 used
oil management standards are not in effect,
how does Federal EPA regulate generators
who recycle their used oil by sending it to be
re-refined?
In states where Part 279 is not in effect,
EPA does not regulate used oil that is recycled
in some manner other than by being burned for
energy recovery, including re-refining. On
November 29, 1985 (50 FR 49 164), EPA
established regulations for recycled used oil
that is burned for energy recovery (Part 266,
Subpart E). At the same time, the Agency
exempted characteristic used oil from
regulation if it was recycled through some
other means than burning for energy recovery
On September 10, 1992 (57 FR 41566), the
Agency established a new program in Part 279
expanding the regulation of used oil recycling
activities to include other methods than
burning for energy recovery. The Agency also
repealed §261.6(a)(3)(iii), and replaced it with
a new provision that exempts recycled used oil
from the requirements of Parts 260 through
268 and subjects it to Part 279 (§261.6(a)(4)).
Since Part 279 has been treated similar to
regulations promulgated under the authority of
a non-HSWA statutory requirement, the Part
279 regulations are only in effect in
unauthorized states and states with EPA-
approved programs.
Unlike the newer Part 279 regulations, the
Part 266, Subpart E and §261.6(a)(3)(iii)
regulatory program was effective in all states,
regardless of the state's authorization status.
Although the Agency repealed Part 266,
Subpart E, when it promulgated Part 279, in
states that have not modified their state
program to adopt Part 279, the pre-1992
exemption for used oil recycled through some
other means than burning for energy recovery
may still apply. In these states, generators
who recycle used oil through methods that do
not involve burning for energy recovery,
including re-refining, are not regulated.
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November 1996
Questions and Answers
Finally, states may have additional used oil
regulations. Regardless of the effective status
of the federal regulations in Part 279 and Part
266, Subpart E, used oil handlers should refer
to their appropriate state agency for any further
used oil regulatory requirements.
4. Financial Statement Requirement for
the RCRA Subtitle C Financial Test
For purposes of complying with the
financial assurance requirements, treatment,
storage, and disposal facilities (TSDFs) may
demonstrate liability coverage by use of the
financial test. As evidence that the TSDF
satisfies the financial test requirements, the
owner or operator is required to submit a
certified public accountant's report on the
latest completed fiscal year's financial
statements (§264.147(f)(3)(ii)). If the owner or
operator does not have financial statements
from the latest completed fiscal year, may
estimated financial statements be used as
substitutes for this requirement?
No. If there are no financial statements for
the latest completed fiscal year, the financial
test mechanism cannot be used to demonstrate
financial assurance. In addition, estimates of
financial statements may not be used as
substitutes for full statements. This is
applicable not only to new companies, but to
companies that have recently separated from
parent companies. Although such a recently
separated company may have the ability to
accurately estimate their financial statements
using the parent company's statements, it must
nevertheless rely on its own financial
statements to qualify to use the fincial test.
This allows the certified public accountant to
fairly predict the financial condition of the
company in conformity with generally
accepted accounting principals.
5.
CERCLA
CERCLA Liability in Relation to
Subsurface Migration of Hazardous
Substances
According to CERCLA §§107(a)(l) and
101(9), the current owner of any property
containing a hazardous substance can be held
liable for response costs incurred at that site.
The possibility that hazardous substances may
come to be located in or on a property via
subsurface migration in an aquifer creates
concern among property owners, prospective
purchasers of property, and lenders about
potential CERCLA. liability. What is EPA's
policy toward owners of property at which
contamination has come to be located as the
result of subsurface migration?
EPA's "Policy Toward Owners of Property
Containing Contaminated Aquifers" (60 FR
34790; July 3, 1995) is an attempt to lower the
barriers to transfer of such property by
reducing uncertainty regarding the possibility
that EPA or third parties may take action
against these landowners. This policy clarifies
the Agency's position that it will not take any
enforcement actions (to require the
performance of response actions or the
payment of response costs) against the owner
of a property at which hazardous substances
have come to be located solely as the result of
subsurface migration in an aquifer from a
source or sources outside the property.
Applicability of this policy is, however,
subject to certain conditions. First, the
landowner must not have caused, contributed
to, or exacerbated the release or threat of
release of any hazardous substances at the site.
This policy may not apply, for example, if the
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Questions and Answers November 1996
property contains a well that may affect the
migration of contamination in the aquifer. In
this case, EPA's policy requires a fact-specific
analysis of the circumstances, including, but
not limited to, the impact of the well and/or the
owner's use of it on the spread or containment
of the contamination in the aquifer.
Second, the person who caused the release
must not be an agent or employee of the
landowner, and must not have been in a direct
or indirect contractual relationship (defined at
CERCLA §101(35)) with the landowner. In
cases where the landowner acquired the
property, directly or indirectly, from a person
that caused the original release, applicability of
this policy will depend upon whether, at the
time the property was acquired, the landowner
knew or had reason to know of the disposal of
hazardous substances that gave rise to the
contamination in the aquifer.
The third condition for applicability of this
policy is that there exists no alternative basis
for the landowner's liability for the
contaminated aquifer. Thus, the policy will
not apply if there exists contamination on the
landowner's property other than that which
migrated in the aquifer from an outside source.
Additionally, in appropriate circumstances,
EPA will consider de minimis settlements
(under CERCLA §122(g)(l)(B)) with
landowners who satisfy the requirements of the
policy and who are threatened by third party
lawsuits. In such settlements, EPA would
provide the landowner with a covenant not to
sue, as well as protection from third party
contribution suits (under CERCLA §§113(f)(2)
and 122(g)(5)).
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NEW PUBLICATIONS
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), (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: Catalog of Hazardous and Solid
Waste Publications, Ninth Edition
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA530-B-96-007
http://www.epa.gov/epaoswer/general/
catalog.htm
This catalog is a directory of EPA documents
relevant to RCRA. The catalog is divided into
sections which organize the documents by
subject, title, and document order number.
Summaries of the documents and their
publication dates are also included for
documents published as of September 1996.
TITLE: Environmental Fact Sheet: Assurance
Mechanisms Finalized for Local Government
Owners of MSWLFs
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-96-018
This fact sheet discusses the local government
financial test. The test was proposed in
response to comments from local governments
requesting flexibility in meeting the financial
assurance requirements of the solid waste
disposal facility criteria. The test allows local
governments to demonstrate their financial
capability to conduct closure, post-closure, and
corrective action activities.
TITLE: It's Easy Being Green! A Guide to
Planning and Conducting Environmentally
Aware Meetings and Events
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-K-96-002
This booklet provides an outline to assist
professionals in planning environmentally
aware events. It includes profiles of successful
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New Publications
November 1996
events that have been held, and step by step
procedures for coordinating events using a
planning checklist.
TITLE: National Capacity Assessment
Report: Capacity Planning Pursuant to
CERCLA§104(c)(9)
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-209 672
This document discusses §104(c)(9) of
CERCLA, which requires states to assure that
adequate capacity exists to treat and dispose of
hazardous wastes. The report also describes
the Agency's requirement that adequate
national capacity exists, and the methodology
and data used to conduct the assessment used
to make this determination.
TITLE: Preparing No-Migration Petitions for
Municipal Solid Waste Disposal Facilities;
Draft Guidance Document
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-R-96-020
This document is designed to assist owners
and operators of MSW landfills in evaluating
and preparing information for a No-Migration
Petition (NMP) under the groundwater
monitoring exemptions in 40 CFR 258.50(b).
The three step process discussed in the
guidance document includes: (1) making an
early determination of eligibility; (2)
estimating the cost of an NMP; and (3)
collecting and analyzing information and
writing the petition.
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules
(Complete Set)
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207014
http://www.epa.gov/epaoswer/hotline
This series of training modules was
developed as a training tool for RCRA,
Superfund & EPCRA Hotline
Information Specialists. The
documents are not complete
representations of EPA's regulations or
policies; they are overviews of
regulations pertaining to various
aspects of the RCRA program. Each
modules contains an introduction and a
regulatory developments section which
provide information on a RCRA topic.
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Air Emission Standards
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 022
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Boilers and Industrial
Furnaces (40 CFR Part 266, Subpart H)
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 030
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Closure/Post-Closure
(40 CFR Parts 264/265, Subpart G)
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207048
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November 1996
New Publications
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Containers (40 CFR
Parts 264/265, Subpart I, Section
261.7)
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 055
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Containment Buildings
(40 CFR Parts 264/265, Subpart DD)
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 063
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Definition of Solid
Waste and Hazardous Waste Recycling
(40 CFR Parts 261.2 and 261.9)
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207071
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Drip Pads (40 CFR
Parts 264/265, Subpart W)
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 089
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Financial Assurance (40
CFR 264/265, Subpart H)
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 097
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Generators (40 CFR
Part 262)
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 105
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Groundwater
Monitoring (40 CFR Parts 264/265,
Subpart F)
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 113
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Hazardous Waste
Identification (40 CFR Part 261)
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 121
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Hazardous Waste
Incinerators (40 CFR Parts 264/265,
Subpart O)
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 139
TITLE:.RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Land Disposal
Restrictions (40 CFR Part 268)
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 147
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Land Disposal Units
(40 CFR Parts 264/265, Subparts K, L,
M,N)
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 154
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Miscellaneous and
Other Units (40 CFR Part 264, Subpart
X and 40 CFR Part 265, Subparts P, Q,
andR)
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 162
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New Publications
November 1996
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Municipal Solid Waste
Disposal Facility Criteria
AVAILABILITY: NTISAnternet
NTIS ORDER NO.: PB96-207 170
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Other Laws that
Interface with RCRA
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 188
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Permits and Interim
Status (40 CFR Part 270)
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 196
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to RCRA Corrective
Action
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 204
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to RCRA Enforcement
and Compliance
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 212
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to RCRA Statutory
Overview
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 220
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Solid and Hazardous
Waste Exclusions (40 CFR Part 261.4)
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 238
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Solid Waste Programs
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 246
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to State Programs
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 253
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Hazardous Waste Tanks
(40 CFR Parts 264/265, Subpart J)
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 261
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Transporters (40 CFR
Part 263)
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 279
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Treatment, Storage, and
Disposal Facilities (Parts 264/265,
Subparts A-E)
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 287
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November 1996
New Publications
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
Introduction to Used Oil (40 CFR Part
266, Subpart E, and Part 279)
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-207 295
CERCLA
TITLE: RCRA, Superfund and
EPCRA Hotline Training Modules:
RCRA Subtitle I: Underground Storage
Tnaks (40 CFR Part 280)
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-211 727
TITLE: How to Effectively Recover Free
Product at Leaking Underground Storage Tank
Sites: A Guide for State Regulators
AVAILABILITY: GPO
EPA ORDER NO.: 055-000-00553-2
This document is designed to assist state
regulators with free product recovery during
the corrective action process. The guide
outlines issues which state regulators must
consider when developing the free product
recovery plan such as appropriate technology
use, site-specific conditions, and the necessity
of free product recovery. Additionally, it
includes guidelines to help determine whether
an appropriate recovery method has been
proposed, and whether the approach outlined
in the free product recovery plan is technically
sound.
TITLE: Superfund Today: Highlights of the
Superfund Program of Today and Tomorrow
AVAILABILITY: NTIS
NTIS ORDER NO.: PB96-963 226
This poster highlights the goals and
accomplishments of the Superfund program. It
references Superfund-related resources, such
as documents and educational materials,
electronic resources, and phone numbers for
technical assistance.
TITLE: Twenty Fifth Remedy Delegation
Report —FY 1994
AVAILABILITY: Hotline
This memorandum delegates signature
authority for all Superfund Records of
Decision scheduled for FY94. In an effort to
maintain national consistency, the Agency
retained consultation role in certain key areas,
but signature authority has otherwise been
delegated to the Regions. This memorandum
also identifies the types of sites which require
consultation.
TITLE: An Analysis of State Superfund
Programs, 50-State Study, 1995 Update
AVAILABILITY: NTIS
NTIS ORDER NO.: PB96-963 249
This 50-state study examines site cleanup
programs in all 50 states, plus the District of
Columbia, and the Commonwealth of Puerto
Rico. The document describes various aspects
of state programs including their organization,
funding sources, the types of cleanup activities
being conducted, and an overview of the laws
affecting these cleanup activities.
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New Publications November 1996
TITLE: Final Guidance: Presumptive
Response Strategy and Ex-Situ Treatment
Technologies for Contaminated Groundwater
at CERCLA Sites
AVAILABILITY: NTIS
NTIS ORDER NO.: PB96-963 508
The objective of the presumptive remedies
initiative is to use past experience to streamline
site investigations and speed up selection of
cleanup actions. This guidance is intended to
emphasize the importance of using site-
specific remedial objectives as the focus of the
remedy selection process for contaminated
groundwater. It outlines benefits such
increased consistency in remedy selection and
implementation, and reduced costs and time
required to clean up similar types of sites.
10
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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 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://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"
November 6,1996 (61 FR 57334)
EPA corrected the United Technologies
Automotive, Inc. delisting that was published
on July 18, 1996. EPA changed the delisting
levels for the constituents of concern by using
the dilution attenuation factor (DAF) of 84 for
35,000 cubic yards, instead of the DAF of 96
for 20,500 cubic yards. The effective date is
July 18, 1996.
"Hazardous Waste Treatment, Storage,
and Disposal Facilities and
Hazardous Waste Generators;
Organic Air Emission Standards for
Tanks, Surface Impoundments, and
Containers"
November 25,1996 (61 FR 59932)
EPA amended and clarified the regulatory
text of the final 40 CFR Part 264/265, Subpart
CC, standards and clarified certain language in
the preamble of the final rule. The final
Subpart CC standards (59 FR 62896;
December 6, 1994) were published to reduce
organic air emissions from certain hazardous
waste management activities to levels that are
protective of human health and the
environment. EPA amended the rule such that
owners and operators are provided with
additional options and increased flexibility in
meeting the requirements. EPA also
suspended the applicability and
implementation of the rule from October 6,
1996, to December 6, 1996.
11
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Federal Registers
November 1996
FINAL RULES
"Financial Assurance Mechanisms for
Local Government Owners and
Operators of Municipal Solid Waste
Landfill Facilities; Final Rule"
November 27,1996 (61 FR 60328)
EPA amended the financial assurance
provisions of the municipal solid waste
landfill (MSWLF) criteria, under Subtitle D of
RCRA by adding two mechanisms that can be
used by owners and operators to demonstrate
that adequate funds will be available for the
costs of closure, post-closure care, and
corrective action. The additional mechanisms,
a financial test for use by local government
owners and operators, and a local government
guarantee, are designed to be self-
implementing. The effective date for this final
rule is April 9, 1997, when all MSWLFs will
have to comply with Subtitle D financial
assurance requirements, except for small, dry,
or remote landfills which will be subject on
October 9, 1997.
CERCLA
"National Priorities List; Seldon Clark
Property from the General Electric/
Shepherd Farm Superfund Site"
November 1,1996 (61 EH 56477)
EPA announced the deletion of the Seldon
Clark Property from the General Electric/
Shepherd Farm Superfund Site, located in East
Flat Rock, Henderson County, North Carolina,
from the National Priorities List. The Agency
published a notice of its intent to delete the
site on September 3, 1996 (61 ER 46418). The
Agency and the State of North Carolina have
determined that the site poses no significant
threat to public health or the environment and,
therefore, remedial measures are not
appropriate.
"National Priorities List; Harbor Island
Superfund Site"
November 7,1996 (61 FR 57594)
EPA announced the deletion of a portion of
the Harbor Island Site, located in Seattle, King
County, Washington, from the National
Priorities List. The portion of the site to be
deleted is the Lockheed Shipyard Operable
Unit. The Agency published a notice of its
intent to delete the site on September 5, 1996
(61 FR 46749). The Agency and the State of
Washington Department of Ecology have
determined that no further cleanup under
CERCLA is required and that the selected
remedy is protective of public health, welfare,
and the environment.
"National Priorities List; St. Augusta
Landfill/Engen Dump Superfund Site"
November 14,1996 (61 FR 58332)
EPA announced the deletion of the St.
Augusta Landfill/Engen Dump Site, located in
Stearns County, Minnesota, from the National
Priorities List. The Agency published a notice
of its intent to delete the site on July 22,1996
(61 FR 37876). The Agency and the State of
Minnesota have determined that all
appropriate Fund-financed responses under
CERCLA have been implemented and that no
further response by responsible parties is
appropriate.
"National Priorities List; Louisiana-
Pacific Superfund Site"
November 21,1996 (61 FR 59184)
EPA announced the deletion of the
Louisiana-Pacific Site, located in Oroville,
California, from the National Priorities List.
The Agency published a notice of its intent to
delete the site on August 27, 1996 (61 FR
59184). The Agency and the State of
12
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November 1996
Federal Registers
California have determined that the site poses
no significant threat to public health or the
environment and, therefore, no further
remedial measures pursuant to CERCLA are
appropriate.
"National Priorities List; Lakewood
Superfund Site"
November 27,1996 (61 EB 60197)
EPA announced the deletion of a portion of
the Lakewood Site, located in Pierce County,
Washington, from the National Priorities List.
The Agency published a notice of its intent to
delete a portion of the site on September 27,
1996 (61 FR 50788). The portion of the site to
be deleted is the soil unit and includes all
contaminated soil and sludge related to the site.
EPA and the State of Washington Department
of Ecology have determined that no further
cleanup under CERCLA is required and that
the selected remedy has been protective of
public health, welfare, and the environment.
PROPOSED RULES
RCRA
"Comprehensive Guideline for
Procurement of Products Containing
Recovered Materials"
November 7,1996 (61 FB 57748)
EPA proposed an amendment to the May 1,
1995, Comprehensive Procurement Guideline.
The amendment designates thirteen new items
that are or can be made with recovered
materials and clarifies three items previously
designated by EPA as items that can be made
with recovered materials. EPA is accepting
comment on this proposed rule until
February 5, 1997.
CERCLA
"National Priorities List; Cal West
Metals Superfund Site"
November 5,1996 (61 FR 56931)
Notice of Intent to Delete
NOTICES
RCRA
"Agency Information Collection
Activities: Proposed Collection;
Comment Request; Hazardous Waste
Management System: Land Disposal
Restrictions 'No-Migration' Variances"
November 1,1996 (61 FR 56539)
Information Collection Request.
"Standards for the Management of
Specific Hazardous Wastes and
Specific Types of Hazardous Waste
Management Facilities; Correction"
November 4,1996 (61 FR 56631)
EPA corrected §266.100 by adding
paragraphs (c)(3)(i)(B)-(D).
"Agency Information Collection
Activities: Submission for OMB
Review; Comment Request;
Information Collection Request for
Solid Waste Disposal Facility Criteria"
November 6,1996 (61 FB 57412)
Information Collection Request. Comments
must be submitted on or before December 6,
1996.
13
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Federal Registers
November 1996
NOTICES
"Recovered Materials Advisory Notice"
November 7,1996 (61 FR 57760)
EPA provided notice of the issuance of a
draft Recovered Materials Advisory Notice
(RMAN) which contains draft recommended
materials content levels for the 13 items
designated in the November 7, 1996,
Comprehensive Procurement Guideline.
Additionally, this RMAN clarifies
recommendations previously made for floor
tiles on May 1, 1995 (60 ER 21392). EPA is
accepting comment on the recommendations
contained in the draft RMAN until February 5,
1997.
"Recovered Materials Advisory Notice;
Clarification of Floor Tile, Structural
Fiberboard, and Laminated
Paperboard Recommendations"
November 12,1996 (61 FR 58067)
EPA provided additional information to assist
procuring agencies in determining their
obligation to purchase designated items for
specific applications. EPA also clarified the
recommendations for floor tile, structural
fiberboard, and laminated paperboard in order
to address concerns regarding the specific
applications to which the recovered materials
content requirements should be applied. The
effective date is November 12,1996.
"Preparing No-Migration Petitions for
Municipal Solid Waste Disposal
Facilities—Draft Guidance Document"
November 13,1996 (61 FR 58189)
EPA issued a draft guidance document for
comment that is intended to help the owners
and operators of small municipal solid waste
landfills to develop and submit no-migration
petitions to state permit authorities. EPA is
accepting comments on the draft guidance
document until February 11, 1997.
"Notice of Data Availability on the
Hazardous Waste Characteristics
Scoping Study"
November 15,1996 (61 FR 58549)
EPA announced the availability of the report
entitled "Hazardous Waste Characteristics
Scoping Study." This report was prepared to
investigate if there are any gaps in the existing
hazardous waste characteristics under RCRA,
as well as the nature and extent of such gaps.
The report is a final product; however, EPA is
accepting relevant information of the Scoping
Study to be considered in follow-up activities.
"Wisconsin: Final Full Program
Determination of Adequacy of State
Municipal Solid Waste Landfill Permit
Program"
November 20,1996 (61 FR 59096)
EPA issued a tentative determination of
adequacy for all portions of Wisconsin's
municipal solid waste landfill permit program.
All comments on Wisconsin's application must
be received by EPA Region 5 by December 20,
1996. The determination of adequacy for
Wisconsin will be effective on January 27,
1997, unless adverse comments are received.
"Alaska: Partial Program Adequacy
Tentative Determination of State
Municipal Solid Waste Landfill Permit
Program"
November 25,1996 (61 FR 60000)
EPA issued a tentative determination of
adequacy for the portions of the Alaska
14
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November 1996
Federal Registers
NOTICES
municipal solid waste landfill permit program
that were submitted on February 12, 1996, by
the Alaska Department of Environmental
Conservation.
"Recovered Materials Advisory Notice;
Correction"
November 26,1996 (61 FR 60154)
The draft Recovered Materials Advisory
Notice (61 FR 57760; November 7, 1996)
should be corrected such that on page 57762,
in Table C-5, in the third column, line 3 reads
"90-100".
"Termination of Review of Department
of Energy Petition to EPA for a No-
Migration Determination for the Waste
Isolation Pilot Plant Under the
Resource Conservation and Recovery
Act"
November 29,1996 (61 FR 60704)
EPA announced that the Office of Solid
Waste has terminated its review of the final
no-migration petition for the Department of
Energy's Waste Isolation Pilot Plant (WIPP),
effective October 1, 1996. The review was
terminated because on September 23, 1996,
the President signed Public Law 104-201 that,
among other things, exempts WIPP from the
provisions of the land disposal restrictions.
"Waste Isolation Pilot Plant Disposal
Phase, Draft Supplemental
Environmental Impact Statement;
Notice of Availability and Public
Hearings"
November 29,1996 (61 FR 60690)
The Department of Energy announced the
availability for public review and comment of
the draft supplemental environmental impact
statement for the proposed disposal of
transuranic radioactive waste at the Waste
Isolation Pilot Plant near Carlsbad, New
Mexico. Written comments must be
postmarked by January 28, 1997.
"EPA's Semiannual Regulatory
Agenda; Regulatory Plan"
November 29,1996 (61 F_B 62137)
EPA published its regulatory plan, as a part
of the semiannual regulatory agenda. The
regulatory plan contains selected rulemakings
currently being addressed by EPA and
provides a detailed description of EPA's plans
for each initiative.
"EPA's Semiannual Regulatory
Agenda; Unified Agenda"
November 29,1996 (61 FR 63122)
EPA published its unified agenda, which
serves as a semiannual summary of current and
planned rulemakings and Agency actions
completed since the previous publication of the
agenda.
CERCLA
"National Advisory Committee for
Acute Exposure Guideline Levels for
Hazardous Substances"
November 1,1996 (61 FR 56541)
A meeting of the National Advisory
Committee for Acute Exposure Guideline
Levels for Hazardous Substances was held on
December 16-18, 1996, in Washington, DC.
15
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Federal Registers
November 1996
NOTICES
"Announcement of Application
Deadline for the Completion for the
1997 National Brownfields
Assessment Demonstration Pilots"
November 5,1996 (61 FR 56953)
EPA is accepting proposals for the National
Brownfield's Assessment Pilots. EPA expects
to select 25 additional assessment pilots by
March 1997. The deadline for applications for
the 1997 assessment pilot is January 13, 1997.
EPCRA
"Toxic Chemical Release Reporting,
Recordkeeping, Supplier Notification,
and Petitions; Renewal Submission to
OMB; OMB No. 2070-0093"
November 21,1996 (61 FR 59226)
EPA's Office of Prevention, Pesticides and
Toxic substances has forwarded an
Information Collection Request (ICR) to the
Office of Management and Budget for review
and approval. The ICR is entitled: Toxic
Chemical Releas'e Reporting, Recordkeeping,
Supplier Notification, and Petitions under
Section 313 of the Emergency Planning and
Community Right-to-Know Act.
CAA
"Clean Air Act Advisory Committee:
Accident Prevention Subcommittee
Conference Call Meeting—
December 11,1996"
November 21,1996 (61 FR 59229)
The Accident Prevention Subcommittee held
a meeting in Washington, DC on
December 11, 1996 to advise EPA's Chemical
Emergency Preparedness and Prevention
Office on chemical accident prevention issues.
OPA
"Natural Resource Damage
Assessments"
November 13,1996 (61 FR 58131)
The National Oceanic and Atmospheric
Administration (NOAA) promulgated final
regulations on January 5,1996 for conducting
natural resource damage assessments pursuant
to OPA § 1006(e)(l). As part of the
development of the regulations, NOAA has
developed five natural resource damage
assessment guidance documents. These
documents are not regulatory in nature, but are
designed to provide guidance to natural
resource trustees using the natural resource
damage assessment regulations.
ATSDR
"Availability of Draft Toxicological
Profiles"
November 26,1996 (61 FR 60105)
ATSDR announces the availability of five
new draft lexicological profiles on unregulated
hazardous substances for review and comment.
Other
"Facility Identification Initiative; Notice
of Public Meetings"
November 21,1996 (61 FR 59229)
EPA held two public meetings to receive
public comment on issues regarding the
consolidated reporting of facility identification
information, as raised by the Agency' facility
identification initiative. The meetings took
place in Chicago, IL. on December 10, 1996
and in Washington, DC on December 12,
1996.
16
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November 1996
Federal Registers
Settlements and Consent Decrees
"Consent Decree; United States v. LAR
Labs, Inc. f/k/a Pfaltz & Bauer, Inc."
November 4, 1996 (61 FR 56707)
"Proposed De Minimis Settlement;
Hexagon Laboratories Superfund Site"
November 7, 1996 (61 EB 57674)
"Consent Decree; Onalaska Municipal
Landfill Superfund Site"
November 7, 1996 (61 EB 57701)
"Consent Decree; Millcreek Dump
Superfund Site"
November 7, 1996 (61 EB 57701)
"Proposed Administrative Settlement;
Industri-Plex Superfund Site"
November 15, 1996 (61 EB 58550)
"Consent Decree; Davie Landfill
Superfund Site"
November 15, 1996 (61 EB 58590)
"Consent Decree; Warwick Superfund
Site"
November 15, 1996 (61 EB 58590)
"Proposed Settlement; Oronogo/Duenweg
Mining Belt Superfund Site"
November 15, 1996 (61 EB 58590)
"Notice of Lodging of Consent Decree
Pursuant to the Clean Water Act, the
Clean Air Act and the Resource
Conservation and Recovery Act"
November 15, 1996 (61 EB 58591)
"Notice of Lodging of Consent Decree in
Resource Conservation and Recovery
Act and Clean Water Act Civil
Enforcement Action"
November 15, 1996 (61 EB 58591)
"Consent Decree; Daytona Antifreeze
Superfund Site"
November 21, 1996(61 EB 59242)
"Consent Decree; Heleva Landfill
Superfund Site"
November 21, 1996 (61 EB 59243)
"Consent Decree; York Oil Superfund Site"
November 22, 1996 (61 EB 59460)
"Consent Decree; Solvent Savers
Superfund Site"
November 22, 1996 (61 EB 59459)
"Proposed De Minimis Settlement; Doepke
Holiday Superfund Site"
November 26, 1996 (61 EB 60099)
"Proposed Administrative Cost Recovery
Settlement; Manistique River/Harbor
Superfund Site"
November 27, 1996 (61 EB 60281)
"Proposed Administrative Settlement;
Regional Enterprises Superfund Site"
November 27, 1996 (61 EB 60283)
"Proposed Cost Recovery Settlement;
Pipe and Piling Superfund Site"
November 29, 1996 (61 EB 60703)
17
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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
3,480
153
230
2
111
151
78
2
6
1
1
71
211
124
114
617
5,352
* No caller profile data available.
19
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Call Analyses
November 1996
Emergency Planning and Community Right-to-Know Act/
Superfund Hotline
Manufacturers
Food/Tobacco 62
Textiles 5
Apparel 7
Lumber & Wood 32
Furniture 21
Paper 22
Printing & Publishing 10
Chemicals 160
Petroleum & Coal 57
Rubber and Plastics 35
Leather 3
Stone, Clay & Glass 8
Primary Metals 32
Fabricated Metals 68
Machinery (Excluding Electrical) 18
Electrical&Electronic Equipment 13
Transportation Equipment 13
Instruments 2
Misc. Manufacturing 171
Subtotal 739
Consultants/Engineers 1,998
Attorneys 214
Citizens 153
Public Interest Groups 30
Educational Institutions 33
EPA 40
Federal Agencies 44
GOCOs 6
Congress 2
State Officials/SERC 40
Local Officials/LEPCs 26
Fire Departments 11
Hospitals/Laboratories 8
Trade Associations 8
Union/Labor 1
Farmers 3
Distributors 14
Insurance Companies 17
Media/Press 9
Native Americans 1
International 3
Other 66
Referrals* 314
Transfers to RCRA/UST Hotline* 385
Document Retrieval Line* 0
Message Retrieval Line* 85
* No caller profile data available.
TOTAL NUMBER OF CALLERS 4,250
20
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November 1996
Call Analyses
HOTLINE TOPICS
RCRA
RCRA GENERAL
SUBTITLE C
Hazardous Waste Id. - General
Characteristics
Listings
Mixture Rule
Derived-From
Contained-In Policy
Sampling
6971
8171
3731
3091
72
50
1731
52
Solid and Hazardous Waste Exclusions 1951
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
18
12
3411
3131
174
107
56
25
132
95
860'
117
49
51
14
28
5941
63
164
84
57
23
64
2011
35
21
72
6
109
8
8
11
109
16
SUBTITLE D
Household Hazardous Wastes 68
Subtitle D - General 92
Technical Standards 17
Industrial Wastes 14
Municipal Wastes 85
Indian Lands 2
Financial Assurance 26
Solid Waste Recycling/Markets -
General 2591
Aluminum 12
Batteries 16
Glass 11
Paper 28
Plastics 15
Tires 14
Used Oil 18
Composting 5
Procurement 66
Source Reduction/Pollution Prevention 50
Grants and Financing 6
TOTAL QUESTIONS 7,579*
* Includes 2,096 RCRA document requests.
UST
General/Misc. 1941
Applicability/Definitions 154
Regulated Substances 41
Standards for New Tank Systems 101'
Tank Standards and Upgrading 90'
Operating Requirements 64
Release Detection 92'
Release Reporting & Investigation 26
Corrective Action for USTs 35
Out-of-Service/Closure 57
Financial Responsibility 81l
State Programs 19
Liability/Enforcement 25
LUST Trust Fund 5
TOTAL QUESTIONS 984*
* Includes 369 UST document requests.
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.
21
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Call Analyses
November 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/n Requirements
Thresholds
Hazard Categories
Mixtures Reporting
Exemptions
3111
2
55
12
3
25
141'
28
42
1041
25
6
69
75
981
75
5
52
121
86
133
123
18
45
54
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
2491
3211
1951
3661
15
2791
95
2
82
67
22
1231
63
Special Topics:
CAA§112
General
RMPs
List of Regulated Substances
Federal Facilities Executive Order
2271
3761
2421
2
TOTAL QUESTIONS 4,470
"Includes 1,459 Emergency Planning and Community
Right-to-Know document requests
SUPERFUND
General/Misc. 126
Access & Information Gathering 31
Administrative Improvements
General 1121
Environmental Justice/Brownfields 2141
SACM/Presumptive Remedies 90
Soil Screening Levels 75
Administrative Record 14
ARARs 45
CERCLIS 66
Citizen Suits 3
Claims Against Fund 2
Clean-Up Costs 22
Clean-Up Standards 95
Community Involvement 11
Contract Lab Program (CLP) 3
Contractor Indemnification 1
Contracts 1
Definitions 1581
Enforcement 1171
Federal Facilities 8
Hazardous Substances 2361
HRS 14
Liability 1311
Local Gov't Reimbursement 1
Natural Resource Damages 5
NCP 46
Notification 89
NPL 1461
Off Site Rule 7
OSHA 2
PA/SI 18
PRPs 941
RD/RA 16
Reauthorization 2
22
1 Hot topics for this month
1 Topics are calculated as the summation of all questions received by the Hotline. A single call may result in
multiple questions.
-------
November 1996 Call Analyses
Remedial 64
Removal 32
RI/FS 65
Risk Assess./Health Effects 44
ROD 24
RQ 1241
Settlements 41
SITE Program 4
State Participation 2
State Program 6
TAGs 3
Taxes 2
Special Topics
Oil Pollution Act 10
SPCC Regulations 14
Radiation Site Cleanup 25
TOTAL QUESTIONS 2,461*
""Includes 567 Superfund document requests.
TOTAL HOTLINE QUESTIONS
AND DOCUMENT REQUESTS: 15,494
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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