EPA530-R-97-005a
SUB-9224-97-001
MONTHLY HOTLINE REPORT
January 1997
RCRA, Superfund, and EPCRA
Hotline Questions and Answers
Resource Conservation and Recovery Act (RCRA) 1
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) 2
Emergency Planning and Community Right-to-Know 3
New Publications
Resource Conservation and Recovery Act (RCRA) 7
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) 9
Oil Pollution Act/Spill Prevention Control and Countermeasures
(OPA/SPCC) 11
All Programs 11
Federal Registers
Final Rules 13
Notices 14
.::;:::::
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 Toil-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
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Yearly Subscription
January 1997
EPA530-R-97-005
SUB-9224-97-000
EPA530-R-97-005a
SUB-9224-97-001
RCRA Docket
EPA and state personnel can order the Monthly
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yearly subscription is EPA530-R-97-005.
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•HOTLINE QUESTIONS AND ANSWERS
RCRA
1. Land Disposal Restriction
Notification Requirements for
Decharacterized Mixed Waste Sent
to an Atomic Energy Act Landfill
The land disposal restrictions (LDR) in 40
CFR Part 268 require that hazardous waste
prohibited from land disposal meet treatment
standards before it is placed in a landfill. A
prohibited characteristic waste that has been
treated to meet LDR standards (and to
eliminate the characteristic) may exit Subtitle
C hazardous waste regulation and be sent to a
Subtitle D facility, provided the generator
sends a one-time notification and certification
to the EPA Region or authorized state
(§268.9(d)). If a generator treats a prohibited
characteristic mixed waste, i.e., a waste that is
both hazardous and radioactive, and it is no
longer hazardous, should the one-time
notification and certification still be sent to
the EPA Region or to the authorized state if
the waste is being sent to an Atomic Energy
Act (AEA) landfill?
The one-time notification and certification
should still be sent to the EPA Region or
authorized state. The one-time notification
and certification verifies that the waste has . .
been treated to meet all applicable LDR
standards and indicates the site of ultimate
disposal since the waste is no longer subject to
Subtitle C regulation. RCRA §4004
specifically prohibits the open dumping of
solid waste. If the AEA landfill meets the
Subtitle D criteria under 40 CFR Parts 257 or
258, which distinguish between sanitary
landfills and open dumps, then the
decharacterized mixed waste may be sent to
that facility.
2. Land Disposal Restrictions Storage
Prohibition and Decharacterized
Wastes
A facility generates a prohibited
characteristic hazardous waste with a 40 CFR
§268.40 treatment standard requiring
decharacterization and treatment to meet the
§268.48 universal treatment standards (UTS)
levels before it is eligible for land disposal.
The generator ships the waste to a hazardous
waste treatment, storage, and disposal facility
(TSDF). The TSDF decharacterizes the
waste, rendering it non-hazardous, but the
waste must still meet UTS levels prior to land
disposal. Is this decharacterized waste
subject to the RCRA land disposal restrictions
(LDR) storage prohibition now that it is no
longer hazardous?
The waste remains subject to the storage
prohibition even though it is no longer
hazardous. Under the LDR storage
prohibition, restricjted.hazardous wastes are
prohibited from being stored for purposes
other than the accumulation of quantities of
waste necessary to facilitate proper recovery,
treatment, or disposal (§268.50). Wastes may
be stored for this purpose for up to one year,
unless the implementing agency can
demonstrate that such storage was not solely
for the purpose of accumulation (§268.50(b)).
The wastes may continue to be stored beyond
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Hotline Questions and Answers
January 1997
the first year, but the owner/operator of the
storing facility bears the "burden of
affirmatively proving that the waste is being
stored solely for the purposes of accumulation
(§268.50(c)).
Because the LDR program prohibitions
apply at the point of generation, the storage
prohibition applies until the waste is treated to
fully meet its assigned treatment standard (58
FR 29872; May 24, 1993). As a result, even
though the characteristic waste has been
decharacterized, it remains subject to the
storage prohibition until fully treated to meet
UTS levels. Thus, a year after the waste was
originally generated, the facility storing the
waste will have the burden of proving that the
waste is still being stored solely to facilitate
accumulation of amounts necessary to
facilitate proper treatment, recovery, or
disposal.
CERCLA
3. Lender Liability Under CERCLA
Under CERCLA §107(a), a current or
former facility owner or operator can be held
liable for paying the costs of responding to a
release or the threat of a release of hazardous
substances. Section 101(20)(A) of CERCLA
defines owner/operator in a broad manner so
that financial institutions, by nature of their
interest in certain property, could be
potentially subject to CERCLA liability. The
definition of owner or operator does provide
an exemption from liability for persons who
hold evidence of ownership in a CERCLA
facility primarily to protect a security interest
in that property, provided that they do not also
"participate in the management" of the
contaminated facility securing the loan
(CERCLA §101(20)(A)). The language of
CERCLA §101(20)(A) leaves lenders uncertain
as to which types of actions they may take to
protect their security interests without
negating the exemption. What policies are in
place that clarify the scope of this exemption?
On April 29, 1992 (57 FR 18344), EPA
published the Final Lender Liability Rule to
clarify CERCLA's security interest exemption.
The rulemaking defined the term "participation
in management" and outlined what activities a
lender may undertake without negating the
exemption. According to the rule, lenders
could undertake a broad range of activities,
such as monitoring facility operations,
requiring compliance with applicable laws, and
refinancing loan workouts, without being
considered to be participating in the
management of a facility. The rule clarified
that participation in the management of a
facility, which could trigger CERCLA liability,
only occurs if the lender has undertaken
responsibility of the borrower's hazardous
substance handling or disposal practices, or the
lender is involved with the day-to-day decision
making related to environmental compliance or
operations. The rulemaking also clarified that
governmental entities that have acquired a
facility through an "involuntary acquisition"
may be able to assert the innocent landowner
defense found at CERCLA §§107(b)(3) and
101(35)(A)(ii). The rulemaking defined four
categories of involuntary acquisitions:
government as sovereign, government as
conservator, foreclosure, and forfeiture.
On February 4, 1994, the U.S. Court of
Appeals for the D.C. Circuit vacated the
Lender Liability Rule in Kelly v. EPA.
According to the majority, the rulemaking was
not within the Agency's implied rulemaking
power. The court stated that the Agency could
not promulgate a rule that defines, limits, or
otherwise circumscribes a party's CERCLA
liability. On June 29, 1995, EPA officially
deleted the lender liability rulemaking
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January 1997
Hotline Questions and Answers
provisions, 40 CFR Subpart L, from the
regulations (60 FR 33912}.
Although the court vacated the rule, the
decision did not preclude EPA from applying
provisions of the rule as enforcement policy.
On September 22, 1995, EPA and the
Department of Justice issued a joint
memorandum stating their intentions to apply
as guidance the provisions of the vacated 1992
Lender Liability Rule, thereby endorsing the
interpretations and rationales in the Rule.
However, because of the court decision, the
rule is not binding on third parties. For this
reason, Congress enacted the Asset
Conservation, Lender Liability and Deposit
Insurance Protection Act of 1996 as part of the
Omnibus Consolidated Appropriations Bill for
Fiscal Year 1997 (The Act).
The Act includes amendments to CERCLA
that clarify the liability of lenders and
fiduciaries under CERCLA. The Act is;
generally based on the CERCLA Lender
Liability Rule and includes many of the same
definitions, such as "participation in
management." The act also addresses
fiduciary liability, which was not addressed in
the Lender Liability Rule. For actions taken in
a fiduciary capacity, liability is limited to
assets held in the fiduciary capacity.
Furthermore, the Act amends the RCRA
Underground Storage Tank (UST) owner
definition to protect holders of security interest
(including fiduciaries) from liability both as
owners and operators of USTs. These
amendments also codify the portion of the
Lender Liability Rule that addresses
involuntary acquisitions by government
entities. The amendments made by the Act
apply to all claims not finally adjudicated as of
September 30, 1996. By clarifying permissible
lender activities and defining key terms such as
security interest and lender, this Act resolves
many uncertainties regarding lender liability.
EPCRA
4. Manufacturing of Aerosol Sulfuric
Acid under EPCRA §313
In a final rule published in the Federal
Register on June 30, 1995 (60 FR 34182), EPA
modified the sulfuric acid listing on the
EPCRA §313 toxic chemical list by adding the
qualifier "acid aerosols including mists,
vapors, gas, fog, and other airborne forms of
any particle size." Any manufacture,
processing, or otherwise use of sulfuric acid in
aerosol form must be included in threshold and
release determinations unless otherwise
exempt under 40 CFR §372.38. Would the
generation of sulfuric acid mist inside a totally
enclosed process unit (e.g., the head space of a
tank or container) constitute manufacturing of
airborne sulfuric acid if the sulfuric acid never
leaves the process unit?
Yes. Sulfuric acid mist generated in the
head space of a tank, container, or process
vessel is considered an airborne form of
sulfuric acid and, therefore, must be considered
toward EPCRA §313 threshold and release
determinations. The sulfuric acid aerosol
generated in this manner meets the definition
of manufacturing found at 40 CFR §372.3, and
must be counted toward the facility's
manufacturing threshold. If the facility
exceeds an activity threshold for aerosol
sulfuric acid, it must report all releases of the
sulfuric acid aerosol in Sections 5 and 8 of
FormR.
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Hotline Questions and Answers
January 1997
5. Reporting Delineated Categories
Under EPCRA §313
On November 30, 1994 (59 FR 61432),
EPA finalized the addition of 286 chemicals
and chemical categories to the EPCRA §313
toxic chemical list. These additions, effective
for the 1995 reporting year, Include 39
chemicals as part of two delineated chemical
categories. A delineated category includes a
finite number of chemicals specifically
designated by EPA to be included as part of
that category. Are threshold and release
calculations for these two delineated chemical
categories different than threshold and release
determinations for other EPCRA §313 listed
chemical categories?
Threshold determinations are made in the
same manner for both delineated and non-
delineated categories. If a facility
manufactures, processes, or otherwise uses
more than one member of a listed chemical
category, the total volume of all the members
of the category must be counted towards the
applicable activity threshold (40 CFR
§372.27(d)). If an activity threshold is
exceeded, the owner or operator of the facility
is required to report under EPCRA §313. The
report must cover all activities at the facility
involving members of the category.
The two delineated categories added on
November 30,1994, are diisocyanates and
polycyclic aromatic compounds (PACs). The
diisocyanates category consists of 20 specific
members and the PACs category consists of 19
specific members. For reporting of delineated
categories, only the members that are " "
specifically listed as part of the category are
subject to EPCRA §313 reporting. When
reporting other non-delineated chemical
categories, any unique chemical substance that
contains the named category compound as part
of that chemical's structure, or any compound
meeting the specified molecular formula, is
subject to reporting.
EPA has developed guidance to facilitate
accurate reporting for PACs entitled Guidance
for Reporting Toxic Chemicals within the
Polycyclic Aromatic Compounds Category.
The guidance contains a list of Chemical
Abstract Service (CAS) numbers for the
individual chemicals within the PAC category
and a CAS number list of some mixtures that
might contain chemicals within the PACs
category.
6. Aggregation of Non-EHS Hazardous
Chemicals for EPCRA §§311/312
Threshold Determinations
Hazardous chemicals requiring the
maintenance of Material Safety Data Sheets
(MSDSs) under OSHA 's Hazard
Communication Standard (29 CFR
§1910.1200) are often present at facilities in
mixtures. Under EPCRA §§311 and 312 a
facility owner/operator may report on the
mixture in one of two ways: (1) as a whole,
making threshold determinations based on the
weight of the mixture and providing
information about the hazardous chemical
components in the mixture, or (2) by the
individual hazardous chemical components in
a mixture, making threshold determinations
based on the total weights of the hazardous
chemical components in each mixture,
assuming concentration information is
available (40 CFR §370.28). To determine
whether the reporting threshold for an
extremely hazardous substance (EHS) has
been equaled or exceeded, the owner or
operator of a facility must aggregate the
quantity of the EHS present as a component in
all mixtures at the facility and all other
quantities of the EHS present in pure form at
the facility {40 CFR §370.28(c)). If the owner/
operator chooses to report by each hazardous
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January 1997
Hotline Questions and Answers
chemical component in a mixture, must the
quantity ofnon-EHS hazardous chemicals in
mixtures at a facility likewise be aggregated to
determine if their reporting threshold has been
equaled or exceeded?
No. If an owner/operator is reporting
hazardous chemicals in a mixture by
component, he or she is not required to
aggregate all quantities of non-EHS hazardous
chemicals at the facility (55 FR 30640;
July 26, 1990). For example, a facility stores
several different products in bulk containers on
site. Each product is a different mixture but
contains the same hazardous chemical. The
owner/operator of the facility chooses to report
on the hazardous chemical in each mixture by
individual component (40 CFR §370.28(a)(l)).
In determining if 10,000 pounds or more of the
hazardous chemical is present at the facility,
the owner/operator has the option of
aggregating the amount of hazardous chemical
present in each mixture at the facility, or
considering the weight of the hazardous
chemical in each mixture separately. Facility
owners/operators are encouraged to use the
most efficient method when determining the
applicability of EPCRA §§311/312 at their
facilities.
7. Reporting Releases of an EPCRA
§313 Toxic Chemical Manufactured
in the Atmosphere after the Initial
Release
A utility boiler, located at an EPCRA §313
covered facility, burns residual oil. As a result
of the burning operation, the facility emits .
sulfur dioxide (SO2), sulfur trioxide (SO3), and
paniculate sulfates through a point source.
Once emitted, the sulfur trioxide readily.reacts
with water vapor (both in air and in flue gases)
to form a sulfuric acid mist. For purposes of
EPCRA §313, must the facility report on the
generation of sulfuric acid?
The sulfuric acid formed in the chemical
reaction of sulfur trioxide and water that often
occurs in the air after releasing sulfur trioxide
is not included in threshold determinations.
The facility owner/operator is not responsible
for tracking or reporting on the formation of a
listed toxic chemical once a chemical is
released from a facility. However, if the
reaction of sulfur trioxide and water takes
place prior to being emitted (e.g., in the stack),
the facility would be required to factor the
quantity of sulfuric acid mist generated
towards the manufacturing threshold, and if the
threshold is exceeded report all releases of
sulfuric acid aerosol from the facility.
8. EPCRA §313 and Naturally
Occurring Toxic Chemicals
A cigarette manufacturer receives tobacco
which naturally contains nicotine, an EPCRA
§313 toxic chemical. The manufacturer does
not add or alter the concentration of nicotine
in the cigarettes when processing the tobacco.
Is the nicotine considered to be processed, as
defined in 40 CFR §372.3, even though it is
naturally present in tobacco and not added to
the finished product?
Yes. There are no provisions under
EPCRA §313 that exempt naturally occurring
chemicals that are known to be a part of a
facility's raw material. Although the facility
does not manipulate the concentration of the
toxic chemical in the raw material, the facility
is processing the toxic chemical as defined in
40 CFR §372.3. Thus, the facility would need
to file a Form R or a Certification Statement
for nicotine if it is processed at the facility in
amounts greater than or equal to the 25,000-
pound activity threshold, assuming that the
facility meets the other applicability criteria
found in 40 CFR §372.22.
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Hotline Questions and Answers January 1997
9. Reporting Metal Compound
Categories Under EPCRA §313
An EPCRA §313-covered facility processes
both lead in the elemental form and lead
compounds. The facility exceeds the 25,000
pounds per year processing threshold for lead
compounds, but not for elemental lead, and
must submit a report for lead compounds only.
When calculating releases from the lead
compounds, the owner or operator is only
required to account for the weight of the
parent metal released (40 CFR §372.25(h)).
Should the facility account for both releases of
lead from activities involving lead compounds
and releases of lead from activities involving
elemental lead?
No. In the case where an activity threshold
is exceeded only for lead compounds, the
report should be based on the releases of lead,
the parent metal, from lead compounds only.
Releases of lead resulting from activities
involving elemental lead should not be
included in the release calculations.
Conversely, if the facility were to exceed an
activity threshold for only elemental lead, the
report would be based on releases from
activities involving elemental lead only.
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NEW PUBLICATIONS
HOW TO ORDER
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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
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these documents, from your fax machine dial (202) 651-2060 (for OSW documents), (202) 651-2061 (forCEPPO
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Documents on the WWW server may be located by using the on-line search functions.
RCRA
TITLE: A Financing Guide for Recycling
Businesses: Investment Forums, Meetings and
Networks
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-R-96-012
This document is a resource for recycling
entrepreneurs and economic developers who
work to foster the recycling industry. The
publication, intended to be used in conjunction
with other business financing guidance,
presents new strategies that have been
developed to make capital markets work more
efficiently for recycling companies and other ~
small businesses.
TITLE: A Financing Guide for Recycling
Businesses: Investment Forums, Meetings and
Networks (brochure)
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-96-039
This promotional brochure gives an overview
of the document A Financing Guide for
Recycling Businesses: Investment Forums.
Meetings and Networks. EPA530-R-96-012. It
includes definitions of useful terms used in the
recycling business, and provides ordering
information for the guide.
TITLE: Como Obtener Acceso al Centre de
Informacion Sobre la RCRA (Ley Para la
Conservation y Recuperation de Recursos)
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-96-001S
This brochure explains, in Spanish, the purpose
of the RCRA Information Center. It includes
an outline of the services it provides, how the
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New Publications
January 1997
center can be accessed, and a comprehensive
list of additional EPA'points of contact which
can provide further information pertaining to
solid and hazardous waste. These points of
contacfy include, for example, the RCRA,
Superfund, and EPCRA Hotline, the Test
Methods Hotline, and the Superfund Docket.
TITLE: Managing Used Oil: Advice for
Small Businesses
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-96-004
This document contains valuable information
for businesses, such as service stations, fleet
maintenance facilities, and "quick lube" shops,
that generate and handle used oil. It
summarizes the EPA's used oil management
standards, a set of "good housekeeping"
requirements for used oil handlers. The
document also answers some frequently asked
questions regarding the requirements detailed
in 40 CFR Part 279
TITLE: Reusable News (November/
December)
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA530-N-96-010
http://www.epa.gov/epaoswer/non-hw/recycle/
reuse.htm
Reusable News is a quarterly newsletter that
reports on recycling and municipal solid waste
management topics. This edition of the
newsletter features articles discussing the
benefits of recycling, extending product
responsibility, and an update on the
Comprehensive Procurement Guidelines. The
newsletter also includes a progress report on
EPA's WasteWi$e program.
TITLE: Environmental Fact Sheet: EPA
Releases Information Strategy Plan for the
Waste Information Needs Initiative
AVAILABILITY: Hotline/ Internet
EPA ORDER NO.: EPA530-F-97-003
http://www.epa.gov/epaoswer/hazwaste/data/
win/metawnfs.txt
This fact sheet discusses the progress of EPA's
Waste Information Needs initiative. It
includes relevant background information on
the revision of the Office of Solid Waste's
(OSW) strategic plan, specifically their
identification of a series of information
management objectives as part of OSW's Five
Year Strategy. The fact sheet outlines the
highlights and progress of the first of four
phases, the Information Strategy Planning
phase.
TITLE: Making Solid (Waste) Decisions
with Full Cost Accounting
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA530-K-96-001
http://www.epa.gov/epaoswer/non-hw/muncpl/
fullcost/pubs.htm
This document provides an overview of full
cost accounting (FCA), an important tool for
developing cost-effective waste management
strategies. It defines FCA and how it is
implemented, identifying the benefits and
potential barriers. It also provides examples of
how communities across the U.S. are using
FCA to improve their municipal solid waste
operations.
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January 1997
New Publications
TITLE: Full Cost Accounting Resource
Guide
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA530-R-95-077
http://www.epa.gov/epaoswer/non-hw/muncpl/
fullcost/pubs.htm
This guide discusses full cost accounting
(FCA), an accounting tool which can aid
decision-makers in assessing and managing the
actual costs of municipal solid waste
management services in their community. The
guide was designed to assist local officials and
solid waste managers to identify resources on
FCA, and includes listings of federal, state, and
local government documents, materials
produced by trade and professional
associations, and names of individuals in
communities in the process of implementing
FCA.
TITLE: Publications on Mining Waste
Management in Indian Country
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-B-96-009
This publication provides a listing of EPA
documents on mining and mineral processing
issues, with brief abstracts and ordering
information, designed to assist tribal leaders,
environmental personnel, and the general
public. Included are documents relating to
mining waste management and engineering
practices.
TITLE: Third National Tribal Conference on
Environmental Management
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-R-96-052
This document summarizes the proceedings of
the Third National Tribal Conference on
Environmental Management, held on
May 21-23, 1996, in Poison, Montana. The
meeting brought together 500 participants from
various Tribes and villages and numerous U.S.
government agencies. It summarizes the 37
sessions presented at the conference and
includes a list of the conference participants.
CERCLA
TITLE: Background Information: National
Priorities List, Proposed Rule and Final Rule
AVAILABILITY: Hotline
OSWER DIRECTIVE NO.: 9320 7-051
The National Priorities List (NPL) identifies
sites that present a significant threat to public
health and/or the environment. The process for
identifying sites for possible addition to the
NPL helps guide EPA in determining which
sites warrant further investigation under
CERCLA to determine if long-term remedial
action is necessary. This document describes
the goals of the Superfund program, the role of
the NPL in the Superfund process, and
statistics regarding the status of NPL sites.
TITLE: Supplementary Materials: National
Priorities List, Proposed Rule and Final Rule
AVAILABILITY: Hotline
OSWER DIRECTIVE NO.: 9320.7 051
A companion document to Background
Information: National Priorities List. Proposed
Rule and Final Rule, this document provides
background information on the placement of
sites on the NPL, the procedures for deleting
sites from the NPL, lists of proposed and
deleted sites, pertinent Federal Register
notices, and data summaries.
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New Publications
January 1997
TITLE: Descriptions of Five Sites Proposed
to the National Priorities List in December .
1996
AVAILABILITY: Hotline
OSWER DIRECTIVE NO.: 9320.7-071
This document describes five sites proposed to
the National Priorities List in December 1996.
The proposed sites include the Brunswick
Wood Preserving Site in Georgia, the Grand
Street Mercury Site in New Jersey, the OESER
Co. and the Palermo Well Field Ground Water
Contamination Sites in Washington, and the
Ross Metals, Inc., Site in Tennessee.
TITLE: Descriptions of Seven Final Sites
Added to the National Priorities List in
December 1996
AVAILABILITY: Hotline
OSWER DIRECTIVE NO.: 9320.7-071
This document describes seven sites added to
the National Priorities List in December 1996.
The sites include the Beede Waste Oil Site in
New Hampshire, the Madisonville Creosote
Works in Louisiana, the MRI Corp. and the
Stauffer Chemical Co. Sites in Florida, the
Sharon Steel Corp. Site in West Virginia, the
Shuron Inc. Site in South Carolina, and the
V&M/Albaladejo Site in Puerto Rico.
TITLE: National Priorities List Final and
Proposed Sites (by Site Name) December 1996
AVAILABILITY: Hotline
EPA ORDER NO.: N/A
This document lists all of the sites added or
proposed to the National Priorities List as of
December 1996. The sites are listed by site
name and include the site location, proposed or
final status, and notes regarding the site, such
as the basis for listing the site.
TITLE: User's Guide to the VOCs in Soils
Presumptive Remedy
AVAILABILITY: NTIS
NTIS ORDER NO.: PB96-963 308
This User's Guide recommends soil vapor
extraction (SVE) as the preferred remedy for
sites where volatile organic compounds
(VOCs) are present in soil and treatment is
warranted. Presumptive remedies are preferred
technologies for common categories of sites
based on historical patterns of remedy
selection. Presumptive remedies are expected
to be used at all appropriate sites, except under
unusual, site-specific circumstances.
TITLE: Update #2 to Removal Action Levels
AVAILABILITY: NTIS
NTIS ORDER NO.: PB95-963 420
This memorandum provides an updated table
of numeric action levels for contaminated
drinking water sites. Removal action levels
(RALs) for drinking water are calculated using
the methodology presented in OSWER
Directive 9360.1-02 (October 25, 1993).
Using this methodology, the RALs were re-
evaluated to reflect the most recent Safe
Drinking Water Act Regulations and health
advisories published by the Office of Water,
IRIS, and HE AST. No new chemicals have
been added to the table at this time.
TITLE: Coordinating With the States on
National Priorities List Decisions
AVAILABILITY: Hotline
EPA ORDER NO.: N/A
This memorandum provides information on the
role of states and tribes in the decision process
for listing sites on the National Priorities List
(NPL), and encourages Regions to coordinate
with states and tribes for making decisions
regarding addition of sites to the NPL. The
document also addresses the Office of
10
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January 1997
Emergency and Remedial Response's (OERR)
role in resolving issues for sites where the
state/tribe and Region disagree on whether
further investigation into a site is warranted.
New Publications
catalog is divided into sections which index the
documents by sponsoring office, title, EPA
publication number, and subject. It includes
information up to October 1996.
OPA/SPCC
TITLE: EPA's National Survey of Oil Storage
Facilities (SPCC Survey)
AVAILABILITY: Hotline/Fax-on-Demand
EPA ORDER NO.: N/A
The U.S. EPA conducted a national survey of
industries that use and/or store oil, and are
therefore potentially subject to the Spill
Prevention Control and Countermeasures
(SPCC) regulations. The survey was designed
to answer five specific questions: (1) How
many facilities are regulated by EPA's SPCC
program; (2) What types of facilities does the
SPCC program regulate; (3) What do these
facilities look like; (4) Which facilities pose
the greatest oil spill risk; and (5) How effective
is the SPCC program in reducing oil spill risk?
EPA collected the information under the
authority of Clean Water Act (CWA) §§308
and 311. This document includes the original
questionnaire, a summary of the findings, as
well as analyses of the number of SPCC-
regulated facilities and the SPCC Program's
effectiveness on spill risk.
All Programs
TITLE: National Publications Catalog 1996
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: EPA200-B-96-001
http://www.epa. go v/NCEPIhome/index. html
This catalog contains availability information
for EPA publications distributed by the
National Center for Environmental
Publications and Information (NCEPI). The
il
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12
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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 Toil-Free No.: (800) 424-9346
Local: (703)412-9810 TDD National Toil-Free No.: (800) 553r7672
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; Amendment"
January 13,1997 (62 FR 1678)
EPA amended 40 CFR Part 261, Appendix
IX, to reflect changes in ownership and name
for Envirite Corporation (Petitioner) in
Canton, Ohio; Harvey, Illinois; and York,
Pennsylvania. The effective date is
December 31,1996.
"Land Disposal Restrictions Phase Ill-
Emergency Extension of the K088
Capacity Variance"
January 14,1997 (62 FR 1992)
EPA extended the current national capacity
variance for spent potliners from primary
aluminum production (Hazardous Waste
Number K088) for six months. Consequently,
K088 wastes do not have to be treated to meet
the land disposal restriction treatment standard
until July 8, 1997, six months from the current
treatment standard effective date of January 8,
1997. EPA extended the national capacity
variance due to unanticipated performance
problems associated with the treatment
technology which provides most of the
available treatment capacity for these wastes.
"Alabama; Final Approval of State
Underground Storage Tank Program"
January 24,1997 (62 FR 3611)
EPA granted final approval to the State of
Alabama to operate its underground storage
tank program for petroleum and hazardous
substances. Final approval for the State of
Alabama shall be effective on March 25,
1997.
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Federal Registers
January 1997
"Underground Storage Tank Program:
Approved State Program for
Alabama"
January 24,1997 (62 FR 3613)
EPA codified in Part 282 the approval of
Alabama's underground storage tank program
and incorporated by reference appropriate
provisions of state statutes and regulations.
This rule shall be effective on March 25,
1997, unless EPA publishes a prior Federal
Register document withdrawing this
immediate final rule. Comments on the
codification of Alabama's underground
storage tank program must be received by the
close of business on February 24, 1997.
EPCRA
"Barium Compounds; Toxic Chemical
Release Reporting; Community Right-
to-Know"
January 3,1997 (62 FR 366)
EPA denied a petition to remove the barium
compounds category from the list of
chemicals subject to the reporting
requirements under §313 of EPCRA and
§6607 of the Pollution Prevention Act. EPA's
decision was based on the deletion criterion of
EPCRA§313(d)(3). '
NOTICES
RCRA
"Hazardous Waste Combustors;
Revised Standards; Proposed Rule-
Notice of Data Availability and
Request for Comments"
January 7,1997 (62 FR 960)
EPA provided notice and opportunity to
comment on an updated hazardous waste
combustor database that contains emissions
and ancillary information on hazardous waste
combustors. The Agency updated and revised
the hazardous waste combustor database
compiled as part of the development of the
April 1996 proposed "Maximum Achievable
Control Technology" standards for hazardous
waste combustors (61 FR 17358; April 19,
1996). Written comments regarding the new
information in this notice must be submitted
on or before February 6, 1997.
"Agency Information Collection
Activities: Proposed Collection;
Comment Request; Reporting
Requirements Under EPA's Voluntary
WasteWi$e Program"
January 13,1997 (62 FR 1750)
*
EPA announced that it is planning to submit
the following continuing Information
Collection Request to the Office of
Management and Budget: Reporting
Requirements under EPA's WasteWiSe
Program. Comments must be submitted on
specific aspects of the proposed information
collection on or before March 14, 1997.
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January 1997
Federal Registers
NOTICES
"Opportunity to Present Oral Testimony
on the DOE's Compliance Certification
Application for the Waste Isolation
Pilot Plant; Notice of Public Hearings"
January 21,1997 (62 FR 2988)
EPA announced that it will conduct public
hearings to receive comments on the
Department of Energy's (DOE) Compliance
Certification Application for the Waste
Isolation Pilot Plant (WIPP) on February 19, in
Carlsbad, New Mexico; February 20, in
Albuquerque, New Mexico; and February 21,
in Sante Fe, New Mexico. EPA will evaluate
DOE's Compliance Certification Application
in determining whether the WIPP will comply
with the Agency's radioactive waste disposal
standards. In order to guarantee an opportunity
to testify, requests must be received on or
before February 14, 1997.
"Project XL Draft Final Project
Agreement for HADCO Corporation"
January 23,1997 (62 FR 3508)
EPA Regions I and II announced the
availability of, and solicited comments on, the
draft Final Project Agreement developed for
HADCO Corporation under EPA's Project XL
initiative. This XL project concerns the
classification under RCRA Subtitle C of
wastewater treatment (WWT) sludge generated
from printed wire board manufacturing
facilities. This sludge is currently classified as
a listed hazardous waste, waste code F006.
The project seeks to demonstrate that ~ -
classifying the WWT sludge as F006 waste is
not necessary to protect human health and the
environment. Comments must be submitted on
or before February 24, 1997.
"Open Meeting of the Industrial Non-
Hazardous Waste Stakeholders Focus
Group"
January 29,1997 (62 FR 4284)
EPA provided notice of the third meeting of
the Industrial Non-Hazardous Waste
Stakeholders Focus Group. The purpose of
this meeting will be to continue discussion
regarding the development of voluntary
guidance for the management of industrial
nonhazardous waste in land-based disposal
units. The meeting will occur on February 19
and 20, 1997.
RCRA/CERCLA
"CERCLA §104(c)(9) Capacity
Assurance Planning: National
Capacity Assessment Report"
January 15,1997 (62 FR 2156)
Based on information contained in Capacity
Assurance Plans, internal EPA studies, and
comments received on the draft National
Capacity Assessment Report, the Agency
determined adequate national capacity exists to
manage hazardous wastes.
CERCLA
"Access to Confidential Business
Information by Booz-Allen &
Hamilton"
January 8,1997 (62 FR 1113)
EPA authorized Booz-Allen & Hamilton,
Inc., of McLean, Virginia, and its team
subcontractor PRC-EMI of McLean, Virginia,
access to information which has been
submitted to EPA under CERCLA § 104.
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Federal Registers
January 1997
NOTICES
"Public Meeting on the National
Performance Measures Strategy for
Enforcement and Compliance
Assurance"
January 13,1997 (62 FR 1752)
A public meeting will be held on Monday,
February 3, 1997, in Washington, D.C., to hear
presentations and statements from a cross- •
section of stakeholders about innovative
approaches to measure enforcement and
compliance assurance program performance.
"Notice of Disclosure of Confidential
Business Information Obtained under
CERCLA to EPA Contractor Dynamac;
Osage Iron and Metals Superfund
Site"
January 14,1997 (62 FR 1887)
EPA seeks authorization to disclose to its
contractor, Dynamac of Rockville, Maryland,
cost recovery support documents for the Osage
Iron and Metals Superfund Site. The
disclosure includes Confidential Business
Information which has been submitted to EPA
Region 7.
"Policy on the Issuance of Comfort/
Status Letter"
January 30,1997 (62 FR 4624)
EPA published guidance regarding the use of
comfort letters at brownfield properties. The
policy contains four sample comfort/status
letters. The letters are to be used for sites " -
where there is a realistic perception or
probability of incurring Superfund liability,
and-where there is no other mechanism
available to address a party's concerns.
EPCRA
"Addition of Community Right-to-
Know; Extension of Comment Period"
January 3,1997 (62 FR 365)
On October 1, 1996, EPA issued an advance
notice of proposed rulemaking (ANPR)
announcing EPA's intention to expand its
Community Right-to-Know initiatives to
increase the information available to the public
on toxic chemical use. Based on a request by
the U.S. Department of Energy's Office of
Environmental Policy and Assistance, EPA is
extending the comment period on the ANPR
by 60 days. Comments must be received by
February 28, 1997.
ATSDR
"Quarterly Public Health Assessments
and Addendum Completed"
January 24,1997 (62 FR 3700)
ATSDR has completed a pubic health
assessment or issued an addendum to a public
health assessment for sites that are on, or
'proposed for inclusion on, the National
Priorities List. An assessment was also
completed pursuant to a request from the
public.
"Availability of Final lexicological
Profiles"
January 31,1997 (62 FR 4771)
ATSDR prepared two final and eight updated
final toxicological profiles of hazardous
substances which are most commonly found at
facilities on the CERCLA National Priorities
List.
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January 1997
Federal Registers
NOTICES
Settlements and Consent Decrees
"Consent Decree; Fisher-Calo Superfund
Site"
January 8, 1997 (62 EB 1130)
"Consent Decree; Extension of Comment
Period; Metamora Landfill Superfund
Site"
January 8, 1997 (62 EB 1130)
"Proposed Prospective Purchaser
Agreement; MRM Superfund Site"
January 13, 1997 (62 EB 1753)
"Consent Decree; Interstate Lead
Company Superfund Site"
January 14, 1997 (62 EB 1900)
"Consent Decree; SMS Instruments, Inc.
Superfund Site"
January 14, 1997 (62 FR 1901)
"Consent Decree; United States v.
Western Crude Reserves, Inc., etal."
January 14, 1997 (62 EB 1901)
"Proposed Administrative Settlement;
Indian Bend Wash —South Superfund
Site"
January 16,1997 (62 EB 2366)
"Proposed Prospective Purchaser
Agreement; Mason Sands of the Torch
Lake Superfund Site"
January 17, 1997 (62 EB 2665)
"Consent Decree; Gloucester
Environmental Management Services
Landfill Superfund Site"
January 21, 1997 (62 EB 3055)
"Consent Decree; United States v. Conoco
Pipe Line Company"
January 21, 1997 (62 FR 3055)
"Proposed Administrative Settlement; C&J
Disposal Superfund Site"
January 22, 1997 (62 FR 3291)
"Consent Decree; White Farm Equipment
Dump Superfund Site"
January 23, 1997 (62 £R 3527)
"Proposed De Minimis Settlement;
Palmerton Zinc Superfund Site"
January 28, 1997 (62 EB 4046)
"Consent Decree; Harvey & Knotts
Superfund Site"
January 28, 1997 (62 EB 4079)
"Consent Decree; Bayou Bonfouca
Superfund Site"
January 30, 1997 (62 EB 4551)
•17
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CALL ANALYSES
CALLER PROFILE
RCRA/UST Hotline
Regulated Community
Citizens
State & Local Government
Native Americans
Federal Agencies
Educational Institutions
EPA
Media
Interest Groups
Congress
International
Referrals*
Transfers to EPCRA/Superfund Hotline*
Document Retrieval Line*
Message Retrieval Line*
TOTAL NUMBER OF CALLERS
3,913
169
191
1
131
154
78
5
4
2
2
64
227
202
100
300
5,543
* No caller profile data available.
19
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Call Analyses
January 1997
Emergency Planning and Community Right-to-Know Act/
•- '- Superfund Hotline
Manufacturers
Food/Tobacco 86
Textiles 17
Apparel 5
Lumber & Wood 34
Furniture 21
Paper 18
Printing & Publishing 14
Chemicals 166
Petroleum & Coal 53
Rubber and Plastics 38
Leather 5
Stone, Clay & Glass 12
Primary Metals 41
Fabricated Metals 56
Machinery (Excluding Electrical) 15
Electrical&Electronic Equipment 17
Transportation Equipment 11
Instruments 7
Misc. Manufacturing 201
Subtotal 817
Consultants/Engineers 2,465
Attorneys 220
Citizens 178
Public Interest Groups 29
Educational Institutions 28
EPA 60
Federal Agencies 55
GOCOs 22
Congress 1
State Officials/SERC 40
Local Officials/LEPCs 44
Fire Departments 14
Hospitals/Laboratories 26
Trade Associations 10
Union/Labor 5
Farmers 37
Distributors 35
Insurance Companies 6
Media/Press 13
Native Americans 2
International 1
Other 146
Referrals* 417
Transfers to RCRA/UST Hotline* 458
Document Retrieval Line* 0
Message Retrieval Line* 136
: No caller profile data available.
TOTAL NUMBER OF CALLERS 5,265
20
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January 1997
Call Analyses
HOTLINE TOPICS
RCRA
RCRA GENERAL
SUBTITLE C
Hazardous Waste Id. - General
Characteristics
Listings
Mixture Rule
Derived-From
Contained-In Policy
Sampling
80S1
1,129'
4171
3061
73
51
1851
51
Solid and Hazardous Waste Exclusions 199'
Radioactive Mixed Waste 25
Delisting Petions 33
Definition of Solid Waste/Hazardous
Waste Recycling 2741
Large Quantity Generators 3141
Small Quantity Generators 189
CESQGs 96
Transporters 65
Exports/Imports 27
TSDFs
General Facility Standards 132
Unit Standards 131
Air Emissions 8881
Combustion - General 157
BIFs 49
Incinerators 70
Draft Strategy 6
Waste Minimization 35
LDR
Applicability 7061
Notifications/Certification 66
Treatment Standards 192
Permits and Permitting 116
State Programs 66
Financial Assurance 72
Closure/Post-Closure 53
Corrective Action 2171
Enforcement 91
Hazardous Waste Data 42
Test Methods 77
Indian Lands 7
Used Oil Standards 127
Military Munitions 28
OTHER WASTES
Ash 6
Bevill Amendment (Mining Waste) 17
Medical Wastes 117
Oil and Gas 9
SUBTITLE D
Household Hazardous Wastes 96
Subtitle D - General 93
Technical Standards 16
Industrial Wastes 12
Municipal Wastes 117
Indian Lands 6
Financial Assurance 20
Solid Waste Recycling/Markets -
General 2991
Aluminum 21
Batteries 31
Glass 18
Paper 28
Plastics 39
Tires 32
Used Oil 52
Composting 14
Procurement 82
Source Reduction/Pollution Prevention 64
Grants and Financing 21
TOTAL QUESTIONS 8,780*
* Includes 2,572 RCRA document requests.
UST
General/Misc. 2281
Applicability/Definitions 197
Regulated Substances 51
Standards for New Tank Systems 1061
Tank Standards and Upgrading 1141
Operating Requirements 66
Release Detection 1351
Release Reporting & Investigation 31
Corrective Action for USTs 74
Out-of-Service/Closure 35
Financial Responsibility 731
State Programs 38
Liability/Enforcement 42
LUST Trust Fund . . 7
TOTAL QUESTIONS 1,197*
* Includes 454 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.
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Call Analyses
January 1997
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
General:
General Title III Questions 4121
Trade Secrets 2
Enforcement 96
Liability/Citizen Suits 21
Training 3
Chemical-Specific Information 43
Emergency Planning (§§301-303):
General ISO1
Notification Requirements 29
SERC/LEPC Issues 65
EHSs/TPQs 1631
Risk Communication/
Hazards Analysis 13
Exemptions 5
Emergency Release Notification (§304):
General 41
Notification Requirements 70
Reportable Quantities 701
CERCLA § 103 vs. SARA §304 87
ARIP/AHEDB/ERNS 16
Exemptions 49
Hazardous Chemical Reporting
(§§311-312):
General 3601
MSDS Reporting Requirements 258'
Tier I/II Requirements 5031
Thresholds 3011
Hazard Categories 75
Mixtures Reporting 238*
Exemptions 2621
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
2771
2981
1ST
3141
57
821
60
6
70
72-
8
1491
69
Special Topics:
CAA §112 General 2081
RMPs 2961
List of Regulated Substances 2261
Federal Facilities Executive Order 5
TOTAL QUESTIONS 5,686
*Includes 1,546 Emergency Planning and Community
Right-to-Know document requests
SUPERFUND
General/Misc. 120
Access & Information Gathering 56
Administrative Improvements
General 1521
Environmental Justice/Brownfields 2371
SACM/Presumptive Remedies 110
Soil Screening Levels 101
Administrative Record 17
ARARs 72
CERCLIS 91
Citizen Suits 1
Claims Against Fund 14
Clean-Up Costs 49
Clean-Up Standards 116
Community Involvement 25
Contract Lab Program (CLP) 7
Contractor Indemnification 5
Contracts 5
Definitions 1761
Enforcement 1491
Federal Facilities ' 17
Hazardous Substances 2821
HRS 16
Liability 1661
Local Gov't Reimbursement 11
Natural Resource Damages 22
NCP 77
Notification 162
NPL 1981
Off Site Rule 18
OSHA 17
PA/SI 25
PRPs 1531
RD/RA 20
Reauthorization 13
Remedial 72
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.
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January 1997 ' Call Analyses
Removal 38
RI/FS -. •- 84
Risk Assess./Health Effects 68
ROD 48
RQ 1691
Settlements 67
SITE Program 10
State Participation 10
State Program 13
TAGs 12
Taxes 15
Special Topics
Oil Pollution Act 86
SPCC Regulations 169
TOTAL QUESTIONS 3,561*
"Includes 832 Superfund document requests.
TOTAL HOTLINE QUESTIONS
AND DOCUMENT REQUESTS: 19,224
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.
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