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 ------- MONTHLY HOTLINE REPORT AVAILABILITY Electronic Availability The Monthly Hotline Report Questions and Answers are also available for downloading at no charge from the CLU-IN bulletin board at (301) 589-8366. The complete text of the 1993, 1994, and 1995 Monthly Hotline Reports may be accessed via EPA's Internet servers. Using Gopher, go to gopher.epa.gov and follow this pathway: EPA Offices & Regions --> Office of Solid Waste & Emergency Response --> OSW (RCRA) -> RCRA: General --> RCRA/UST, Superfund & EPCRA Hotline Reports. Monthly Hotline Reports are also available through the World Wide Web (WWW). Go to the Hotline Home Page at http://www.epa.gov/epaoswer/hotline/ and select "Monthly Hotline Reports." The Hotline maintains an electronic mailing list named HOTLINE_OSWER. Subscribers will have Hotline announcements and Monthly Hotline Reports e-mailed to them as they are released, at no charge. • To subscribe to the Hotline electronic mailing list send an e-mail to: Listserver@unixmail.rtpnc.epa.gov Subject: SUBSCRIBE TO LISTSERVERS Message: SUBSCRIBE HOTLINE_OSWER your first name your last name For example, SUBSCRIBE HOTLDSfE.OSWER JOHN SMITH • To receive the Help file with useful commands for users send an e-mail to: Listserver@unixmail.rtpnc.epa.gov Subject: HELP Message: HELP National Technical Information Service (NTIS) The Monthly Hotline Report can be ordered through NTIS at (703) 487-4650. The NTIS order numbers are as follows: Yearly Subscription SUB-9224 January 1996 SUB-9224-96-001 February 1996 SUB-9224-96-002 March 1996 SUB-9224-96-003 April 1996 May 1996 June 1996 July 1996 August 1996 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. ------- 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 ------- 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. ------- 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 ------- 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)). ------- 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 ------- 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 ------- 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 ------- 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 ------- 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. ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- |