3
EPA530-R-96-002I
SUB-9224-96-012
MONTHLY HOTLINE REPORT
December 1996
RCRA, 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) 6
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) 6
Emergency Planning and Community Right-to-Know 7
:- ~"^.- --<-:-* '~ -~*j&*
Federal Registers***
Final Rules ..... ....'.... 9
Proposed Rules '. .'.' 11
Notices........,.......,.,.? -. 11
: ~: "" 'fi'-.^t ' - = '
Cafl Analyses
- :-= =: -^ (- ,:'' M
Caller Profiles 15
Hotline Topics : .f.1 17
RCRA, Superfund, and EPCRA
National Toll-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.
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 HOTLINE_OSWER
JOHN SMITH
To receive the Help file with useful commands
for users send an e-mail to:
Listserver @ unixmail .rtpnc.epa.gov
Subject: HELP
Message: HELP
National Technical Information Service
(NTIS)
The Monthly Hotline Report can be ordered
through NTIS at (703) 487-4650. The NTIS
order numbers are as follows:
Yearly Subscription SUB-9224
January 1996 SUB-9224-96-001
February 1996
March 1996
April 1996 ...
May 1996
June 1996
July 1996
August 1996
September 1996
October 1996
November 1996
December 1996
RCRA Docket
SUB-9224-96-002
SUR-9224-96-003
SUB-9224-96-004
SUB-9224-96-005
SUB-9224-96-006
SUB-9224-96-007
SUB-9224-96-008
SUB-9224-96-009
SUB-9224-96-010
SUB-9224-96-011
SUB-9224-96-012
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. Rebuttable Presumption for CFC
Contaminated Used Oil
EPA presumes used oil containing more
than l,000ppm total halogens is a hazardous
waste because it has been mixed with a listed
halogenated hazardous waste. Used oil
generators may rebut this presumption by
demonstrating that the used oil does not
contain hazardous waste (§279.IO(b)(l)(ii)).
The rebuttable presumption, however, does
not apply to used oils contaminated with
chlorofluorocarbons (CFCs) removed from
refrigeration units when the CFCs in the used
oil are "destined for reclamation "
(279.10(b)(l)(ii)(B)). At what point does this
exemption from the rebuttable presumption
applyat the point of draining from the unit
or only once the CFCs in the used oil have
actually been reclaimed? Additionally, would
a generator or handler reclaiming the CFCs *
from the used oil be considered a processor,
subject to the standards for used oil
processors and re-refiners in Pott 279,
Subpart F?
A generator handling CFC contaminated
used oil is exempt from the rebuttable
presumption at the point of draining, as long
as the CFCs are eventually reclaimed from the
used oil to the fullest extent possible, and the
used oil has not been mixed with other wastes
or with used oil from other sources (57 FR
41580; September 10, 1992). Although the
rebuttable presumption does not apply, these
used oils remain subject to appropriate Part
279 standards.
In the event the CFCs are not reclaimed,
the rebuttable presumption would have
applied at the point of draining from the unit.
If the presence of CFCs in compressor oils
removed from refrigeration units cause the
used oils to exceed the 1,000 ppm halogen
limit, the oil must be managed as a hazardous
waste unless the presumption of hazardous
waste mixing is successfully rebutted.
On-site CFC reclamation by a used oil
generator does not necessarily subject the
generator to the standards for used oil
processors. Used oil processing, as defined in
§279.1, involves producing (or making used
oil more amenable for the production of) fuel
oils, lubricants or other used oil-derived
products. However, §279.20(b)(2)(ii)(A)
provides that generators who filter, clean, or
otherwise recondition used oil before
returning it for reuse by the generator are not
processors if the used oil is generated on-site
and is not being se^nt pffrsite to a burner of
used oil. Furthermore, the used oil/CFC
separation process is generally not designed to
make the used oil more amenable for the
production pf used oil derived product.
Likewise, off-site used oil/CFC separation by
a used oil handler does not necessarily subject
the handler to the standards for used oil
processors. Rather, a handler storing used oil
on site for greater than 24 hours but less than
35 days is regulated as a transfer facility.
Only a handler storing the used oil on site for
greater than 35 days would become subject to
the processor requirements (§279.45(a)). This
is true for any transfer facility storing used oil
for more than 35 days, regardless of whether
the facility is engaged in CFC reclamation.
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Hotline Questions and Answers
December 1996
2. Tangible Net Worth Requirements
for RCRA Subtitle C Financial
Assurance
Owners and operators of treatment,
storage, and disposal facilities subject to
Subtitle C regulation are required to
demonstrate liability coverage for bodily
injury and/or property damage to third parties
resulting from accidental occurrences arising
from facility operations (53 FR 33938;
September 1, 1988). This requirement can be
demonstrated using one or a combination of
financial mechanisms, including a financial
test. The financial test for liability coverage
requires the owner or operator to possess net
working capital and tangible net worth each at
least six times the amount of liability coverage
to be demonstrated by this test, and a minimum
tangible net worth of $10 million
. (§264.147(f)(l)(i)(A) and (B)). How does an
owner or operator calculate the required
amount of tangible net worth when using the
financial test?
The owner or operator using the financial
test must possess a minimum tangible net
worth of at least $ 10 million. Even if six times
the amount of liability coverage to be
demonstrated by this test is less than $10
million, the owner or operator must still have
at least $10 million in tangible net worth (see
Example 1). If, on the other hand, six times
the amount of liability coverage to be
demonstrated by the financial test is more than
$10 million, then that six times multiple is the
minimum tangible net worth necessary to
qualify to use the financial test (see Example
2).
Example 1: Amount demonstrated by the
financial test: $500,000
Six times the amount
demonstrated: $3 million
Minimum tangible net worth:
$10 million
Example 2: Amount demonstrated by the
financial test: $2 million
Six times the amount
demonstrated: $12 million
Minimum tangible net worth:
$12 million
3. Annual Payments Into A Standby
Trust Fund When Using A Letter Of
Credit
Subpart H of 40 CFR Parts 264/265
requires an owner or operator of a permitted
treatment, storage, and disposal facility
(TSDF) to establish financial assurance to
satisfy closure and post-closure care of the
facility. A letter of credit is one of the
financial mechanisms that the owner or
operator may choose to demonstrate financial
assurance (§§264.143(d)/264.145(d)). A letter
of credit allows a financial institution, that is
authorized by a federal or state agency to issue
letters of credit, to extend credit on behalf of a
TSDF. The letter of credit must be
irrevocable, issued for a period of at least one
year, and in an amount at least equal to the
current closure and post-closure cost
estimates, unless used in combination with
other financial assurance mechanisms
(§§264.143(g)/264.145(g)). An owner or
operator using a letter of credit for closure or
post-closure financial assurance must also
establish a standby trust fund to accompany
the letter of credit (§§264.143(a)/264.145(a)).
If ah owner or operator is demonstrating
financial assurance through the use of a letter
of credit, must annual payments be made into
the standby trust fund?
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December 1996
Hotline Questions and Answers
No. Under the federal regulations, the
owner or operator is not required to make
annual payments into the standby trust fund.
The standby trust fund merely facilitates
drawing on the letter of credit in the event that
the owner or operator cannot pay for closure or
post-closure care. A standby trust fund (as
opposed to a trust fund established under
§§264.143(a)/264.145(a)) cannot be used as a
stand alone financial assurance mechanism
under RCRA. The standby trust fund
documentation must be worded exactly as the
documentation for a trust fund, except for a
few requirements: the annual payments into the
fund are waived; schedule A of the trust
agreement need not be updated; and annual
valuations by the trustee or notices of
nonpayment are not required. These
provisions for establishment of a standby trust
fund also apply to an interim status TSDF that
is using a letter of credit to establish financial
assurance for closure and post-closure care
(§§265.143(c)/265.145(c)).
CERCLA
4. CERCLA Liability Protection for
Prospective Purchasers of Sites for
Redevelopment ~ ~'
In a 1989 guidance (OSWER 9835.9), EPA
addressed concerns that potential property
owner and/or operators may have about
liability under CERCLA. CERCLA embodies a
strict liability provision, which means that a
person is liable for contamination involving
hazardous substances, without regard to fault,
diligence, negligence, or motive. Owners of a
vessel or a facility can be held liable for
releases involving hazardous substances, even
if the release occurred prior to their
ownership. The 1989 guidance allowed the
use of a legal tool, the covenant not to sue, in
specific circumstances. The purpose of the
covenant not to sue is to minimize the threat of
CERCLA liability for prospective purchasers
of contaminated property, in exchange for
compensation to the Agency. In May 1995,
EPA reissued the original prospective
purchaser guidance by changing the scope of
circumstances under which EPA will grant a
covenant not to sue. The new guidance
changes the type of compensation EPA is
willing to consider in return for the agreement.
How have these changes improved the
effectiveness of prospective purchaser
agreements?
Changes to the original prospective
purchaser guidance were designed to make
better use of the covenant not to sue in
achieving the Agency's fundamental goal of
protecting human health and the environment,
while providing an economic stimulus for
abandoned industrial areas. For instance, the
current guidance is applicable at sites where
federal involvement has occurred or is
expected to occur, while the old guidance was
limited to sites where enforcement action was
anticipated. EPA recognized potential gains in
terms of cleanup and public benefit may be
realized with broader application of
prospective purchaser agreements. In addition,
the original guidance stipulated that the
Agency would only consider direct benefit
(i.e., monetary compensation for cleanup) in
exchange for the covenant not to sue. The
1995 guidance modifies this provision by
stating that the Agency may consider accepting
an indirect public benefit in combination with
a reduced direct benefit from a prospective
purchaser. Indirect benefits to the community
include measures that serve to substantially
reduce the risks posed by the site, create jobs,
develop abandoned or blighted property, create
conservation or recreation areas, or provide
community services. EPA recognized that
indirect benefit to a community is an important
consideration and may justify the commitment
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Hotline Questions and Answers December 1996
of the Agency's resources to negotiate such an
agreement.
EPA may enter into a covenant not to sue
at its own discretion and the Agency reserves
the right to void the covenant at any time if it
determines the prospective purchaser provided
inaccurate or incomplete information. Further,
a covenant not to sue has no bearing on any
future liability a prospective purchaser may
incur as a result of his or her own activities
under CERCLA or other laws. These aspects
of prospective purchaser agreements have not
changed from the original 1989 guidance.
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NEW PUBLICATIONS
HOW TO ORDER
NTIS Publications are available by calling (703) 487-4650, or writing NTIS, 5285 Port Royal Road,
Springfield, VA 22161. Use the NTIS Order Number listed under the document.
EPA Publications are available through the Hotline. Use the EPA Order Number listed under the document.
RCRA, Superfund, and EPCRA National 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: Hazardous Waste Characteristics .
Scoping Study
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA530-R-96-053
http://www.epa.gov/epaoswer/hazwaste/id^
char.htm
This document presents the findings of the
Office of Solid Waste's investigation of the
potential gaps in the current RCRA waste
characterization regulations. This study
identifies issues such as updating ignitability
and reactivity characteristics as per DOT
regulations and examining a broader array of.
leaching procedures. These areas merit further
analysis due to the significant potential for
improving hazardous waste management
practices and protection to health and the
environment.
TITLE: Hazardous Waste Characteristics
Scoping Study: Appendices
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-R-96-053A
This document provides supplemental
information for the Hazardous Waste
Characteristics Scoping Study. These .
appendices contain the following information:
individual environmental releases which are
referenced in the study, a discussion of several
data sources used to identify environmental
releases, and a detailed comparison of the ICR
characteristics to related approaches under
other federal and state programs.
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New Publications
December 1996
TITLE: Hazardous Waste Characteristics
Scoping Study: Executive Summary
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA530-S-96-053
http://www.epa.gov/epaoswer/hazwaste/id/
char.htm
This executive summary presents an overview
of the findings of the Office of Solid Waste's
investigation of the potential gaps in the
current RCRA waste characterization
regulations. This study identifies regulations
that merit further analysis due to the
significant potential for improving hazardous
waste management practices, and protection to
health and the environment.
TITLE: Pick Up Savings: Adjusting Hauling
Services While Reducing Waste
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-96-016
This document was developed for EPA's
Wastewi$e program, which assists businesses
in taking cost-effective actions to reduce solid
waste through waste prevention, recycling, and
buying recycled products. The document
outlines a procedure which companies can use
to review their current hauling service to
implement solutions that reduce waste and
costs. Also included are two examples of
companies that reduced their hauling costs
through similar programs.
TITLE: Introducing... How to Effectively
Recover Free Product at Leaking Underground
Storage Tank
AVAILABILITY: Hotline
EPA ORDER NO.: EPA510-F-96-005
This document is a promotional brochure
announcing the new free product recovery
guide entitled How To Effectively Recover
Free Product At Leaking Underground Storage
Tank Sites: A Guide for State Regulators. The
brochure describes the purpose and
background for the guide and the audience to
which the guide is geared. Additionally, the
brochure contains an order form for purchasing
copies from the Government Printing Office.
CERCLA
TITLE: Application of the CERCLA
Municipal Landfill Presumptive Remedy
AVAILABILITY: NTIS
NTIS ORDER NO.: PB96-963 307
Presumptive remedies are preferred
technologies for common categories of sites
based on historical patterns of remedy
selection. This directive highlights a step-by-
step approach to determining when the
municipal landfill presumptive remedy, source
containment, is appropriate for military landfill
sites.
TITLE: Soil Screening Guidance: Fact
Sheet
AVAILABILITY: NTIS/Internet
NTIS ORDER NO.: PB96-963 501
http://www.epa.gov/superfund/oerr/soil/
index~l.htm
This fact sheet summarizes the key aspects of
EPA's Soil Screening Guidance, a screening
tool developed to standardize and accelerate
the evaluation and cleanup of contaminated
soils at NPL sites. Generally, at sites where
contaminant concentrations fall below soil
screening levels (SSLs), no further action or
study is warranted under CERCLA. The Soil
Screening Guidance includes a User's Guide,
for a simple step-by-step methodology for
calculating SSLs, and a Technical Background
Document which includes the background
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December 1996 New Publications
analysis and modeling for SSL calculation, as right to learn the underlying causes of
well as generic SSLs. chemical accidents.
EPCRA
TITLE: EPCRA §313 Petitions Status
Report
AVAILABILITY: Hotline
EPA ORDER NO.: N/A
This document is a listing of all past and
current petitions regarding §313 toxic
chemicals and the actions that EPA has taken
regarding them. It includes the chemical
name, petition submitter, action requested,
proposal date, and the final rule or deletion
date for the chemical.
TITLE: Memorandum of Understanding
Between the United States Environmental
Protection Agency, Office of Solid Waste and
Emergency Response, Office of Enforcement
and Compliance Assurance and the United
States Department of Labor, Occupational
Safety and Health Administration on Chemical
Accident Investigation
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: N/A
http://www.epa.gov/swercepp/rules.html
This Memorandum of Understanding (MOU),
establishes policy and general procedures for
coordination between the Occupational Safety
and Health Administration (OSHA), the Office
of Solid Waste and Emergency Response
(OSWER), and the Office of Enforcement and
Compliance Assurance (OECA) to reduce
duplication of effort regarding chemical x
accident investigation. The memorandum
includes guidance on how to ensure reporting
and thorough investigation of major chemical
accidents. The document also provides
information on the importance of the public's
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fe-
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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
"New Mexico: Final Authorization of
State Hazardous Waste Management
Program Revisions"
December 23,1996 (61 FR 67474)
EPA announced plans to approve a revision
to New Mexico's hazardous waste program.
This final authorization will become effective
on March 10,1997, unless EPA publishes a
withdrawal notice prior to that date.
"Solid Waste Programs; Management
Guidelines for Beverage Containers
and Resource Recovery Facilities
Guidelines; Removal of Obsolete
Guidelines"
December 31,1996 (61 FR 69032)
EPA announced the withdrawal of Parts 244
and 245 from Title 40 of the Code of Federal
Regulations. This final rule will become
effective on March 3, 1997, unless EPA
receives adverse comments on the
accompanying proposal on or before
January 30, 1997.
CERCLA
"National Priorities List; Omega Hills
North Landfill Superfund Site"
December 11,1996 (61 FR 65186)
EPA announced the deletion of the Omega
Hills North Landfill Superfund Site, located in
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Federal Registers
December 1996
FINAL RULES
Germantown, Wisconsin, from the National
Priorities List. The Agency published a notice
of its intent to delete the site on June 25, 1996
(61 FR 32765). The Agency and the State of
Wisconsin have determined that remedial
actions conducted at the site to date remain
protective of public health, welfare, and the
environment.
"National Priorities List; Twin Cities Air
Force Reserve Base, Small Arms
Range Landfill Superfund Site"
December 16,1996 (61 FR 65957)
EPA announced the deletion of the Twin
Cities Air Force Reserve Base, Small Arms
Range Landfill, Minneapolis-St. Paul
International Airport Superfund Site located in
Minneapolis, Minnesota, from the National
Priorities List. The Agency published a notice
of its intent to delete the site on September 16,
1996 (61 FR 65957). The Agency and the
State of Minnesota have determined that the
responsible parties have implemented all
appropriate response actions required and that
remedial actions conducted at the site to date
remain protective of public health, welfare,
and the environment.
"National Priorities List; Sand Creek
Industrial Superfund Site"
December 20,1996 (61 FR 67233)
EPA announced the deletion of the Sand
Creek Industrial Superfund Site, located in
Colorado, from the National Priorities List. -
The Agency published a notice of its intent to
delete the site on August 28,1996 (61 FR
44275). The Agency and the State of
Colorado have determined that the site poses
no significant threat to public health or the
environment as long as operation and
maintenance is implemented as necessary and
institutional controls are implemented and
effective.
"National Priorities List; Cal West
Metals Superfund Site"
December 20,1996 (61 FR 67234)
EPA announced the deletion of the Cal West
Metals Superfund Site, located in Lemitar,
New Mexico, from the National Priorities
List. The Agency published a notice of its
intent to delete the site on November 5, 1996
(61 FR 56931). The Agency and the State of
New Mexico have determined that all
appropriate Fund-financed responses under
CERCLA have been implemented and no
further cleanup is appropriate.
"National Priorities List for
Uncontrolled Hazardous Waste Sites"
December 23,1996 (61 FR 67656)
EPA added seven new sites to the General
Superfund Section of the National Priorities
List. All of these sites are added to the NPL
based on an HRS score of 28.5 or greater.
This action results in an NPL of 1,210 sites,
1,059 in the General Superfund Section and
151 in the Federal Facilities Section.
"National Priorities List; Ambler
Asbestos Superfund Site"
December 27,1996 (61 F_R 68157)
EPA announced the deletion of the Ambler
Asbestos Superfund Site, located in Ambler,
Pennsylvania, from the National Priorities
List. The Agency published a notice of its
intent to delete the site on September 5, 1996
(61 FR 46755). The Agency and the
Commonwealth of Pennsylvania have
determined that all appropriate Fund-financed
responses under CERCLA have been
10
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December 1996
Federal Registers
implemented and no further cleanup by
responsible parties is appropriate.
General
"Civil Monetary Penalty Inflation
Adjustment Rule"
December 31,1996 (61 FR 69360)
As mandated by the Debt Collection
Improvement Act of 1996, EPA adjusted its
civil monetary penalties for inflation. Almost
all of EPA's penalty provisions are increased
by ten percent, except for new penalty
provisions, enacted into law in 1996.
"National Priorities List; Minot Landfill
Superfund Site"
December 26,1996 (61 FR 67975)
Notice of Intent to Delete
"National Priorities List; Carter
Industrials Superfund Site"
December 30,1996 (61 FR 68695)
Notice of Intent to Delete
NOTICES
EPCRA
PROPOSED RULES
RCRA
"Solid Waste Programs; Management
Guidelines for Beverage Containers
and Resource Recovery Facilities
Guidelines; Removal of Obsolete
Guidelines"
December 31,1996 (61 FR 69059)
"Agency Information Collection
Activities: Submission for OMB
Review; Comment Request; EPCRA
Sections 302, 303, 304"
December 17,1996 (61 FR 66274)
EPA Information Collection Request 1395.03
has been forwarded to the Office of
Management and Budget for review and
approval.
EPA proposed to withdraw Parts 244 and 245 "Agency Information Collection
from Title 40 of the Code of Federal
Regulations. Written comments on this
proposed rule must be received on or before
January 30, 1997.
CERCLA
"National Priorities List; Proposed Rule
No. 21"
December 23,1996(61 FB 67678)
EPA proposed to add five new sites to the
General Superfund Section of the NPL and
withdraws the proposal of one site. Four sites
are proposed based on HRS scores of 28.50 or
above and one site is proposed based on
ATSDR health advisory criteria.
Activities: Submission for OMB
Review; Comment Request; Trade
Secrets Claims for Emergency
Planning and Community Right-to-
Know Information"
December 19,1996 (61 FR 67016)
EPA Information Collection Request 1428.04
has been forwarded to the Office of
Management and Budget for review and
approval.
11
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Federal Registers
December 1996
NOTICES
"Agency Information Collection
Activities: Submission for OMB
Review; Comment Request; EPCRA
Sections 311 and 312"
December 19,1996 (61 FR 67017)
EPA Information Collection Request 1352.04
has been forwarded to the Office of
Management and Budget for review and
approval.
Other
"Environmental Justice Community/
University Partnership Grants
Program; Request for Applications for
Fiscal Year 1997"
December 11,1996 (61 £R 65210)
EPA's Office of Environmental Justice
requests applications for the Environmental
Justice Community/University Partnership
Grants Program. The grant program was
established to help community groups and
tribal governhients effectively address local
environmental justice issues through active
partnerships with all institutions"ofhigher
education.
Settlements and Consent Decrees
5
"Notice of fcodging of Consent Decree
Pursuantto the Resource Conservation
and Recovery Act and the Clean Air Act"
December 4,1996 (61 FB 64369)
"Consent Decree; Syncon Resins
Superfund Site"
December 4,1996 (61 FR 64366)
"Settlement Agreement; Bellinger Steel
Superfund Site"
December 4, 1996 (61 FR 64366)
"Consent Decree; Operable Unit Two of
the Harris Corporation/Palm Bay Facility
Superfund Site"
December 4, 1996 (61 FR 64367)
"Consent Decree; Wildcat Landfill
Superfund Site"
December 4, 1996 (61 F_R 64367)
"Second Modification of Partial Consent
Decree; Love Canal Landfill Superfund
Site"
December 4, 1996 (61 FR 64368)
"Correction; Consent Decree; Millcreek
Dump Superfund Site"
December 4,1996 (61 FR 64369)
"Consent Decree; Auto Ion Superfund
Site"
December 5, 1996 (61 FB 64532)
"Consent Decree; Metamora Landfill
Superfund Site"
December 5, 1996 (61 FR 64532)
"Correction; Proposed Administrative Cost
Recovery Settlement; Manistique River/
Harbor Superfund Site"
December 9, 1996 (61 £R 64948)
"Correction; Proposed De Minimis
Settlement; Colorado School of Mines
Research Institute Superfund Site"
December 12,1996 (61 FR 65400)
12
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December1996
Federal Registers
NOTICES
"Correction; De Minimis Settlements;
Conservation Chemical Company of
Illinois Superfund Site"
December 12, 1996 (61 FR 65401)
"Proposed De Minimis Settlement; Sidney
Landfill Superfund Site"
December 12, 1996 (61 FR 65401)
"Consent Decree; Davis Liquid Waste
Superfund Site"
December 12, 1996 (61 F_R 65420)
"Consent Decree; Fultz Landfill Superfund
Site"
December 12, 1996 (61 F_B 65420)
"Proposed De Minimis Settlement;
Hansen Container Superfund Site"
December 13, 1996 (61 £B 65573)
"Prospective Purchaser Agreement; Allied
Brands Chemical Company, Superfund
Site"
December 13 1996 (64 EB 65573),,. .,
"Prospective Purchaser Agreement^
Rutledge PropertylBuperfund Site*
December 17, 1996 (61 EB 66275)
"Consent Decree; American Thermostat
Superfund Site"
December 19,1996 (61 EB 67065}
"Consent Decree; Centre County Kepone
Superfund Site"
December 19, 1996 (61 EB 67066)
"Prospective Purchaser Agreement;
Marathon Battery Company Superfund
Site"
December 19, 1996 (61 FR 67019)
"Proposed Administrative Settlement;
Muratti Environmental Superfund Site"
December 19, 1996 (61 EB 67019)
"Proposed Administrative Settlement;
Quanta Resources Syracuse Superfund
Site"
December 19, 1996 (61 EB 67018)
"Proposed Administrative Settlement;
Chem-Solv, Inc. Superfund Site"
December 20,1996 (61 F_B 67333)
"Proposed Administrative Settlement;
Sussex County Landfill No. 5 Superfund
Site"
December 24,1996 (61 F_B 67&11)
13
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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
2,849
122
187
6
84
128
67
1
7
2
2
63
183
124
100
453
4,378
' No caller profile data available.
15
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Call Analyses
December 1996
Emergency Planning and Community Right-to-Know Act/
Super-fund Hotline
Manufacturers
Food/Tobacco 56
Textiles 7
Apparel 5
Lumber & Wood 28
Furniture 16
Paper 11
Printing & Publishing 13
Chemicals 139
Petroleum & Coal 48
Rubber and Plastics 27
Leather 7
Stone, Clay & Glass 7
Primary Metals 25
Fabricated Metals 53
Machinery (Excluding Electrical) 13
Electrical&Electronic Equipment 15
Transportation Equipment 11
Instruments 5
Misc. Manufacturing 154
Subtotal 640
Consultants/Engineers 1,738
Attorneys 172
Citizens 115
Public Interest Groups 28
Educational Institutions 24
EPA 48
Federal Agencies 49
GOCOs 10
Congress 1
State Officials/SERC 31
Local Officials/LEPCs 37
Fire Departments 7
Hospitals/Laboratories 4
Trade Associations 10
Union/Labor 1
Farmers 22
Distributors 21
Insurance Companies 9
Media/Press 6
Native Americans 1
International 6
Other 74
Referrals* 332
Transfers to RCRA/UST Hotline* 399
Document Retrieval Line* 0
Message Retrieval Line* 96
No caller profile data available.
TOTAL NUMBER OF CALLERS 3,881
16
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December 1996
Call Analyses
HOTLINE TOPICS
RCRA
RCRA GENERAL
SUBTITLE C
Hazardous Waste Id. - General
Characteristics
Listings
Mixture Rule
Derived-From
Contained-In Policy
Sampling
6311
7721
3501
2851
70
51
1641
51
Solid and Hazardous Waste Exclusions 1761
Radioactive Mixed Waste 11
Delisting Petions 17
Definition of Solid Waste/Hazardous
Waste Recycling 3121
Large Quantity Generators 2811
Small Quantity Generators 166
CESQGs 99
Transporters 47
Exports/Imports 21
TSDFs
General Facility Standards 123
Unit Standards 88
Air Emissions 8041
Combustion - General 105
BIFs 44
Incinerators 44
Draft Strategy 8
Waste Minimization 19
LDR
Applicability 5291
Notifications/Certification 54
Treatment Standards 143
Permits and Permitting 73
State Programs 50
Financial Assurance . 28
Closure/Post-Closure 50
Corrective Action 1881
Enforcement 32
Hazardous Waste Data 17
Test Methods 65
Indian Lands 3
Used Oil Standards 89
Military Munitions 19-
OTHER WASTES
Ash 5
Bevill Amendment (Mining Waste) 9
Medical Wastes 97
Oil and Gas 13
SUBTITLE D
Household Hazardous Wastes 65
Subtitle D - General 83
Technical Standards 12
Industrial Wastes 15
Municipal Wastes 84
Indian Lands 0
Financial Assurance 23
Solid Waste Recycling/Markets -
General 2371
Aluminum 17
Batteries 19
Glass 14
Paper 29
Plastics 21
Tires 20
Used Oil 20
Composting 4
Procurement 77
Source Reduction/Pollution Prevention 53
Grants and Financing 8
TOTAL QUESTIONS 7,004*
* Includes 1,340 RCRA document requests.
UST
General/Misc. 1961
Applicability/Definitions 135
Regulated Substances 34
Standards for New Tank Systems 941
Tank Standards and Upgrading 801
Operating Requirements 52
Release Detection 791
Release Reporting & Investigation 21
Corrective Action for USTs 30
Out-of-Service/Closure 45
Financial Responsibility 62'
State Programs 26
Liability/Enforcement 16
LUST Trust Fund 6
TOTAL QUESTIONS 876*
* Includes 471 UST document requests.
1 Hot topics for this month
1 Topics are calculated as the summation of all questions received by the Hotline. A single call may result in
multiple questions.
17
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Call Analyses
December 1996
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
General:
General Title III Questions 3121
Trade Secrets 3
Enforcement 84
Liability/Citizen Suits 8
Training 5
Chemical-Specific Information 37
Emergency Planning (§§301-303):
General 1321
Notification Requirements 23
SERC/LEPC Issues 39
EHSs/TPQs 1291
Risk Communication/
Hazards Analysis 18
Exemptions 6
Emergency Release Notification (§304):
General 57
Notification Requirements 72
Reportable Quantities 82'
CERCLA § 103 vs. SARA §304 84
ARIP/AHEDB/ERNS 12
Exemptions^ --I- i^ " '^~'*i~S~~-,4'%$
Hazardous Chemicat Reportjmgs&ss^ --^w-a
(§§311-312):
General 175
MSDS Reporting Requirements 190
Tier I/n Requirements 234
Thresholds 231
Hazard Categories 33
Mixtures Reporting 120
Exemptions 181
Toxic Chemical Release Inventory (§313):
Special Topics:
CAA §112 General
RMPs
List of Regulated Substances
Federal Facilities Executive Order
1791
2881
1821
5
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
197*
2661
1171
2521
16
1991
68
8
68
65
12
1091
56
TOTAL QUESTIONS 4,401
*Includes 1,170 Emergency Planning and Community
Right-to-Know document requests
SUPERFUND
General/Misc.
Access & Information Gathering
Administrative Improvements
General
Environmental Justice/Brownfields
SACM/Presumptive Remedies
Soil Screening Levels
Administrative Record
ARARs
CERCLIS
. Citizen Suits
Claims Against Fund
Clean-Up Costs
Clean-Up Standards
Community Involvement
Contract Lab Program (CLP)
Contractor Indemnification
Contracts
Definitions
Enforcement
Federal Facilities
Hazardous Substances
HRS
Liability
Local Gov't Reimbursement
Natural Resource Damages
NCP
Notification
NPL
Off Site Rule
OSHA
PA/SI
PRPs
RD/RA
Reauthorization
Remedial
115
45
1231
1631
97
82
12
53
64
2
10
25
96
9
4
2
4
1471
1181
14
2331
12
1341
4
4
62
96
1691
10
5
19
1161
11
5
62
18
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.
-------
December 1996
Call Analyses
Removal
RI/FS
Risk Assess./Health Effects
ROD
RQ
Settlements
SITE Program
State Participation
State Program
TAGs
Taxes
Special Topics
Oil Pollution Act
SPCC Regulations
29
67
38
32
1411
43
5
3
7
7
3
30
62
TOTAL QUESTIONS 2,585*
*Includes 502 Superfund document requests.
TOTAL HOTLINE QUESTIONS
AND DOCUMENT REQUESTS: 14,866
1 Hot topics for this month
1 Topics are calculated as the summation of all questions received by the Hotline. A single call may result in
multiple questions.
19
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