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
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charge.
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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
 apply—at 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.

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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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