EPA530-R-97-005d SUB-9224-97-004 MONTHLY HOTLINE REPORT April 1997 RCRA, Superfund, and EPCRA Hotline Questions & Answers Resource Conservation and Recovery Act (RCRA) 1 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 3 Emergency Planning and Community Right-to-Know Act (EPCRA)... 5 Clean Air Act Section 112(r) 6 New Publications Resource Conservation and Recovery Act (RCRA) 7 Underground Storage Tanks (UST) 8 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 9 Oil Pollution Act (OPA) 10 Federal Registers Final Rules 11 Proposed Rules 13 Notices 13 Call Analyses Caller Profiles 17 Hotline Topics 19 RCRA, Superfund, and EPCRA National Toil-Free No.: 800-424-9346 Local: 703-412-9810 TDD National Toll-Free No.: 800-553-7672 This report is prepared and submitted in support of Contract No. 68-W6-0016. Judi Kane, Project Officer Sheretta Dixon, Alternate Project Officer U.S. Environmental Protection Agency Washington, DC 20460 Printed on Recycled Paper ------- MONTHLY HOTLINE REPORT AVAILABILITY Electronic Availability The Monthly Hotline Report Questions and Answers are also available for downloading at no charge from the CLU-IN bulletin board via modem at (301) 589-8366 or telnet at clu- in.epa.gov. After registering, select Directory 8 from the file submenu. The complete text of the 1993, 1994, 1995, and 1996 Monthly Hotline Reports may be accessed via the World Wide Web (WWW). Go to the Hotline Home Page at http://www.epa.gov/epaoswer/hotline/ and select "Monthly Hotline Reports." The Hotline maintains an electronic mailing list named HOTLINE_OSWER. Subscribers will have Hotline announcements and Monthly Hotline Reports e-mailed to them as they are released, at no charge. • To subscribe to the Hotline electronic mailing list send an e-mail to: listserver@unixmail.rtpnc.epa.gov Subject: SUBSCRIBE TO LISTSERVERS Message: SUBSCRIBE HOTLINE_OSWER your first name your last name For example, SUBSCRIBE HOTLINEJDSWER JOHN SMITH • To receive the Help file with useful commands for users send an e-mail to: Listserver@unixmail.rtpnc.epa.gov Subject: HELP Message: HELP National Technical Information Service (NTIS) The Monthly Hotline Report can be ordered through NTIS at (703) 487-4650. The NTIS order numbers are as follows: Yearly Subscription SUB-9224-97-000 January 1997 February 1997 March 1997 April 1997 RCRA Docket SUB-9224-97-001 SUB-9224-97-002 SUB-9224-97-003 SUB-9224-97-004 -.<' '>i •%, EPA and state personnel can order the Monthly Hotline Report from the RCRA Docket at (703) 603-9230. The order number for the 1997 yearly subscription is EPA530-R-97-005. ------- HOTLINE QUESTIONS AND ANSWERS RCRA 1. The Definition of Used Oil The standards for the management of recycled used oil in 40 CFR Part 279 define used oil as "any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical, or chemical impurities. " Does this definition include materials derived from crude oil, such as petroleum-based solvents or antifreeze? Petroleum-based solvents and antifreeze are not included in the definition of used oil under Part 279. The definition of used oil is based on three criteria: origin, use, and contamination. A material must meet all three parts to be defined as used oil under Part 279. First, the used oil must be derived from crude oil or synthetic oil (i.e., derived from coal, shale, or polymers). Examples of crude- oil derived oils and synthetic oils are motor oil, mineral oil, laminating surface agents and metal working oils. The origin-based definition would not include animal and vegetable oils. Second, the oil must have been used as a lubricant, coolant, heat (non-contact) transfer fluid, hydraulic fluid, or for a similar use. Lubricants include, but are not limited to, used motor oil, metalworking lubricants, and emulsions. An example of a hydraulic fluid is transmission fluid. Heat transfer fluids can be materials such as coolants, heating media, refrigeration oils, and electrical insulation oils. Authorized states or regions determine what is considered a "similar use" on a site-specific basis according to whether the material is used and managed in a manner consistent with Part 279 (e.g., used as a buoyant). Third, the used oil must be contaminated by physical (e.g., high water content) or chemical (e.g., lead, halogens, or other hazardous constituents) impurities as a result of use. Petroleum-based solvents are not considered to be used oil because solvent use does not meet the use-based criterion. Petroleum-based solvent used for its solvent properties, that is to solubilize (dissolve) or mobilize other constituents, is not use as a lubricant, heat transfer fluid, hydraulic fluid, or similar use (see 57 FR 41566, 41575). Antifreeze also is not regulated as used oil under Part 279. Although it is possible for antifreeze to meet all three criteria for used oil, EPA does not intend to regulate antifreeze as used oil, and encourages it to be recycled separately. 2. Treatment Standards for D008 Radioactive Lead Tanks and Containers The land disposal restrictions (LDR) of 40 CFR Part 268 require that certain wastes meet treatment standards before land disposal. Treatment standards are either concentration-based or technology-based. A waste with a concentration-based standard may be treated to meet LDR using any method of effective treatment (except impermissible dilution), while a technology-based standard requires treatment by the specified technology. D008 radioactive lead solids (e.g., all forms of lead shielding, lead "pigs" ------- Hotline Questions & Answers April 1997 and other elemental forms of lead) must be treated b\ the specific treatment standard of macroencapsulation (MACRO) (55 FR 22628; June 1, 1990). The MACRO treatment method requires application of surface coatings or jacketing of wastes to reduce surface exposure to leaching media. Macroencapsulation specifically may not be used on "any material that would be classified as a tank or container" (§268.42, Table 1). What is the LDR treatment standard for D008 radioactive lead solids that happen to be tanks or containers? D008 radioactive lead solids that are tanks or containers must be treated using the MACRO treatment technology. The macroencapsulation treatment standard requires that the encapsulating material completely surround the waste and be unbroken (57 FR 37235; August 18, 1992). Placement of waste in a container or tank, however, is not considered macroencapsulation for purposes of compliance with LDR (§268.42, Table 1). This provision is not intended to preclude macroencapsulation of hazardous tanks and containers, but rather to prevent an owner/operator from merely placing waste in a tank or container in order to meet the standard. Although D008 radioactive lead solids must meet the macroencapsulation treatment standard, an owner/operator may use an alternative treatment method for compliance with LDR if it is shown that the method is equivalent in performance to the specified method (§268.42(b)>. 3. Generator Storage Requirements for Part 266, Subpart F, Precious Metals 40 CFR Part 266, Subpart F, outlines the requirements for persons who generate, transport, or store recyclable materials utilized for precious metals recovery. Hazardous wastes which contain economically significant amounts of the precious metals gold, silver, platinum, palladium, indium, osmium, rhodium, or ruthenium are covered by these regulations when reclaimed and are considered recyclable materials. Generators managing these recyclable materials are required to notify EPA of their hazardous waste management activities, comply with the use of the manifest, and keep records to show the materials are not being accumulated speculatively (§266.70). If a generator is accumulating recyclable materials to be utilized for precious metals recovery, are they required to store the materials in RCRA- regulated management units (i.e., containers, tanks, or containment buildings) ? No. A generator accumulating materials that contain economically significant amounts of precious metals under Part 266, Subpart F, is not required to store the materials in RCRA- regulated management units. EPA provided a partial exemption from Subtitle C for wastes containing precious metals because EPA assumes that these materials will be managed carefully due to their economic value. Since hazardous wastes containing economically significant amounts of precious metals are handled carefully from the point of generation to the point of recovery, the storage of these wastes prior to reclamation is not subject to full RCRA Subtitle C regulation (§261.6(a)(2)(iii)). Although the precious metals being reclaimed are not subject to accumulation storage provisions, generators are responsible for counting the waste when it is generated in order to determine how much hazardous waste they generate each month (50 FR 652; January 4, 1985). ------- April 1997 Hotline Questions & Answers CERCLA 4. Listing Sites in the CERCLIS Database What policy changes has EPA made so that the CERCLIS database more accurately reflects the pool of sites that will be addressed under federal CERCLA authority? EPA has modified the definition of CERCLIS and has implemented an updated pre-CERCLIS screening process as an effort to conserve resources for cleanup of sites of federal concern and provide a clearer picture to the public so that they may make informed decisions regarding purchasing, improving, redeveloping, or revitalizing sites. CERCLIS is the abbreviation for the CERCLA Information System, EPA's comprehensive database and data management system that inventories and tracks releases addressed, or needing to be addressed, by the Superfund program. In a March 29, 1995, rule, EPA changed the definition of CERCLIS, stating that those sites that do not warrant further interest under the federal Superfund program will be moved to an archived database (60 FR 16053). In 1990 EPA published guidance on screening sites before they are entered into the CERCLIS database (OSWER Directive 9320.3-08). This guidance took a conservative approach to listing skes in the CERCLIS database, including sites identified as known or suspected hazardous substance releases in the CERCLIS database as expeditiously as possible. After investigation, many sites were determined not to warrant further interest under the federal Superfund program, yet they remained in the CERCLIS database to document the work completed and to preclude the chance for duplicative evaluations in the future. This practice led to unintended barriers to the redevelopment of these properties, as sites listed in CERCLIS automatically could be considered risky by some lenders, making it difficult for potential purchasers to secure loans to develop these properties. The September 30, 1996, -'Pre-CERCLIS Screening Guidance" revises EPA's policy on entering sites into CERCLIS to review sites before entry into the database. According to the new policy, Regions generally should not enter those sites which are likely to be addressed by states or under a federal authority other than CERCLA, those for which information on releases is insufficient to substantiate the presence of hazardous substances, or those for which sufficient information exists to show that risk is low. In this way, CERCLIS will become a more accurate list of sites which require attention under the federal Superfund program. Specific types of sites Regions should not include in CERCLIS would be: 1) Sites addressed by a state Superfund enforcement program. EPA will normally rely on the state program to oversee such a response. 2) Sites where hazardous constituents are regulated under certain statutory or policy exclusions from CERCLA (e.g., sites subject to corrective action authorities under RCRA Subtitle C, sites permitted by the Nuclear Regulatory Commission, and petroleum excluded by CERCLA). 3) Sites identified by a state using insufficient data. Under such circumstances Regions should consult with the state and identify the type of data needed to make an informed decision regarding CERCLIS entry. 4) Situations where the Region has ------- Hotline Questions & Answers April 1997 documentation that clearly demonstrates that there is no potential for a release that could cause adverse environmental or human health impacts. All other sites that might require further investigation under CERCLA authority should be considered for entry into the CERCLIS database. If a site is entered into the CERCLIS database and it is later determined that the site is no longer of federal interest, it will be archived (removed) from the CERCLIS database in accordance with the revised definition of CERCLIS. 5. Frequently Asked Questions on Reportable Quantities and Release Reporting Under CERCLA and EPCRA If a substance is listed as both a CERCLA hazardous substance and an EPCRA extremely hazardous substance (EHS), is the reportable quantity (RQ) always the same on both lists? Yes. Any substance which appears on both the CERCLA hazardous substance list (40 CFR §302.4) and the EPCRA extremely hazardous substance list (40 CFR Part 355, Appendix A) will have one RQ that applies to both sets of regulatory requirements. Exceeding this RQ triggers release reporting requirements under CERCLA and EPCRA. In the list of hazardous substances at 40 CFR §302.4, certain Abroad, generic classes or categories of compounds (e.g., arsenic and compounds, glycol ethers, etc.) are listed with no RQ. Does this mean that releases of these compounds, regardless of the quantity released, will not trigger reporting requirements? Yes. Releases of hazardous substances within the classes or categories which have been assigned no RQ are not reportable under either CERCLA or EPCRA. Each of the listed categories or classes of hazardous substances contains many individual compounds with varying toxicological and chemical properties (58 FR 54838; October 22, 1993). In order to achieve an appropriate balance between reporting burdens, the amount of time needed for EPA to evaluate individual member substances, and the protection of public health and welfare and the environment, the Agency has decided to assign no RQ to certain broad, generic categories or classes of hazardous substances. EPA may, in the future, identify, designate, and assign RQs to certain individual substances within the categories (60 FR 30933; June 12, 1995). Although they are not subject to release reporting requirements, releases of hazardous substances which fall under any of the broad, generic categories are still subject to CERCLA's liability and response provisions (50 FR 13461; April 4, 1985). "Petroleum, including crude oil or any fraction thereof, " is specifically excluded from the CERCLA definition of hazardous substance (40 CFR §300.5). How does the petroleum exclusion apply to release reporting requirements for CERCLA hazardous substances or EPCRA EHSs which are normal constituents of petroleum products? EPA has interpreted the CERCLA petroleum exclusion to apply to materials such as crude oil, petroleum feedstocks, and refined petroleum products, including any specifically listed hazardous substances normally present in such products. Hazardous substances not normally found in refined petroleum fractions, or which are present at higher levels as a result of contamination during use are considered to be "contaminants," and are not covered by the exclusion. On the other hand, the EPCRA definition of EHS contains no exemption for petroleum. If EHSs are present in petroleum ------- April 1997 Hotline Questions & Answers products, in an amount equal to or exceeding the EHS RQ, they are reportable under EPCRA (52 FR 13385: April 22, 1987). Is a release of a hazardous substance which exceeds the RQ, but remains entirely within the boundaries of the facility, reportable under both EPCRA and CERCLA? Under CERCLA, a release of a hazardous substance into the environment is reportable if it equals or exceeds the RQ, whether or not it remains entirely within the boundaries of the facility (40 CFR §302.6(a)). Under EPCRA, a release is not reportable if it results in exposure to persons solely within the boundaries of the facility (40 CFR §355.40(a)(2)(i)). "Facility" is defined under EPCRA to be all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites, and which are owned or operated by the same person. For the purposes of emergency release notification, motor vehicles, rolling stock, and aircraft are included in the EPCRA definition of "facility." If a consumer releases an RQ of a hazardous substance or an EHS from a household product, is the release reportable under either CERCLA or EPCRA? The release of a household product used for household purposes is not reportable under CERCLA or EPCRA. Under CERCLA, releases of hazardous substances which are consumer products in"consumer use do not have to be reported because only a release from a vessel or "facility" constitutes a reportable release (48 FR 23553; May 25, 1983). The definition of "facility" specifically excludes consumer products in consumer use (40 CFR §302.3). EPCRA release reporting requirements apply only to a facility at which a hazardous chemical is produced, used, or stored (40 CFR §355.40(a)(l)), and the definition of "hazardous chemical" specifically excludes any substance used for personal, family, or household purposes (40 CFR §355.20). EPCRA 6. EPCRA Section 313 Article Exemption for Paint Stripping Operations A federal facility maintenance depot that reports under EPCRA §313 pursuant to Executive Order 12856 services military tank vehicles from other facilities. The tank parts contain cadmium, an EPCRA §313 toxic chemical. The depot takes the tanks apart for service, which primarily involves paint stripping, and then reassembles the tanks and returns them to their home facility. During the paint stripping operation, releases of toxic chemicals from the paint occur, but there are no releases of cadmium from the parts. Since there are no releases of cadmium during the paint stripping and reassembly operations, can the cadmium in the tank parts be considered exempt from reporting requirements under the article exemption at 40 CFR §372.38(b)? No. The article exemption stipulates that toxic chemicals found in articles are not required to be factored into threshold determinations or release calculations for toxic chemical release inventory reporting (40 CFR §372.38(b)). An item, however, must meet three specific criteria in order to be considered an article: the item must be formed to a specific shape or design during manufacture; it must have end-use function^that are dependent in whole or in part upon its shape or design during end-use; and it must not release a toxic chemical under normal conditions of processing or use of that item at the facility (40 CFR §372.3). Although a tank part that is ------- Hotline Questions & Answers April 1997 being serviced may originally be considered an article for purposes of EPCRA §313, a release of any toxic chemical from the article, such as a toxic chemical in the paint, negates the article status of the entire part. The quantity of each toxic chemical contained in the tank parts that lose their article status must be counted towards that chemical's 25,000 pound processing threshold. CAA§112(r) 7. CAA Risk Management Program Threshold Determination A stationary source has a mixture containing 9,000 pounds of butane and 1,001 pounds of water in a process. The mixture meets the criteria for a National Fire Protection Association flammability rating of 4 (NFPA 4). Is this process covered under the RMP regulations ? Yes. The entire weight of a mixture containing a regulated flammable substance must be counted for threshold determination if the mixture itself meets the NFPA 4 criteria. The regulations at 40 CFR §68.115(b)(2), as originally promulgated in the January 31, 1994, Federal Register (59 FR 4478), stated that the entire weight of a mixture containing a regulated flammable substance in concentrations greater than 1 percent was to be counted for threshold determination, unless the owner or operator could demonstrate that the mixture did not meet_NFPA 4 boiling point (BP) and flash point (FP) criteria. Regulated flammable substances, when in mixtures that did not meet the BP and FP criteria, were exempt from threshold determination (40 CFR §68.115(b)(2)). In the April 15, 1996, Federal Register (61 FR 16598), EPA proposed to clarify the original method of threshold determination for mixtures containing regulated flammable substances. The proposed rule would exempt from threshold determination mixtures containing a regulated flammable substance in concentrations greater than 1 percent that do not meet the full NFPA 4 definition, not just the BP and FP criteria. EPA expects to issue a final rule within the next year. While the proposed amendments are being finalized, EPA has stayed the original provisions of 40 CFR §68.115(b)(2) such that mixtures containing regulated flammable substances must meet all of the proposed NFPA 4 criteria (not just the BP and FP criteria) in order to be considered toward thresholds (40 CFR §68.2). Because this mixture meets NFPA 4, it is not affected by the stay and the entire quantity of the mixture must be counted toward the butane threshold. ------- 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 Toil-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 sen/ice. EPA Publications Available on the Internet You may access certain documents electronically by using this server: World Wide Web (WWW): http://www.epa.gov Documents on the WWW server may be located by using the on-line search functions. Note: As of March 31, 1997, materials previously available from the Gopher server (gopher.epa.gov) will be archived and henceforth available via the Internet solely on the World Wide Web server. RCRA TITLE: Environmental Fact Sheet: Schedule Changed For Final Hazardous Waste Identification Rule (HWIR-Waste) AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-97-013 This fact sheet provides a background summary of the HWIR-Waste proposed rule along with frequently asked questions regarding the rulemaking and schedule change. TITLE: Environmental Fact Sheet: Treatment Standards Proposed For Toxicity Characteristic (TC) Metal and Mineral Processing Wastes AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-97-016 This fact sheet announces the re-proposal of the LDR treatment standards for metal-bearing hazardous waste and waste from mineral processing operations. TITLE: Environmental Fact Sheet: Treatment Standards Finalized for Wood preserving Wastes; Less Paperwork Required Under LDR Program. AVAILABILITY: Hotline EPA ORDER NO.: EPA530-F-97-014 This fact sheet announces the finalization of the LDR treatment standards for listed hazardous waste from wood preserving operations. The new treatment standards are set at the Universal Treatment Standard level. TITLE: The Preliminary National Biennial RCRA Hazardous Waste Report (Based on 1995 Data): National Analysis AVAILABILITY: NTIS NTIS ORDER NO.: PB97-152 441 This report provides a detailed look at waste handling practices nationwide, including quantities of hazardous waste generation, management, shipments and receipts, and interstate imports and exports. The report also ------- New Publications April 1997 includes the number of facilities generating and managing hazardous waste. TITLE: The Preliminary National Biennial RCRA Hazardous Waste Report (Based on 1995 Data): State Detail Analysis AVAILABILITY: NTIS NTIS ORDER NO.: PB97-152 458 This report provides a detailed look at each state's waste handling practices, including overall totals for generation, management, and shipments and receipts, as well as totals for the 50 largest facilities. TITLE: The Preliminary National Biennial RCRA Hazardous Waste Report (Based on 1995 Data): List of Large Quantity Generators AVAILABILITY: NTIS NTIS ORDER NO.: PB97-152 425 This list identifies the facilities in the United States that reported themselves as large quantity generators in 1995. TITLE: The Preliminary National Biennial RCRA Hazardous Waste Report (Based on 1995 Data): List of Treatment, Storage, and Disposal Facilities. AVAILABILITY: NTIS NTIS ORDER NO.: PB97-152 433 This document provides a listing of facilities which identified themselves as treatment, storage, and disposal facilities in 1995. TITLE: Draft Chemical Prioritization List AVAILABILITY: Hotline EPA ORDER NO.: EPA530-D-97-002 This document is a relative ranking of more than 800 chemicals based on the chemicals' tendency to persist in the environment once released, their tendency to bioaccumulate, and their toxicity. TITLE: Draft Chemical-Waste Code Crosswalk AVAILABILITY: Hotline EPA ORDER NO.: EPA530-D-97-003 This document assists in establishing the link between chemicals and RCRA waste codes by identifying waste streams likely to contain particular chemicals and the chemicals likely to be present in a particular waste code. TITLE: Greenhouse Gas Emissions From Municipal Waste Management AVAILABILITY: Hotline EPA ORDER NO.: EPA530-R-97-010 This report estimates the greenhouse gas emissions and sinks associated with the management of ten materials commonly found in municipal solid waste. The ten materials are newspaper, office paper, corrugated cardboard, aluminum, steel, HOPE plastic, PET plastic, food scraps, and yard trimmings. The report also provides management strategies for the ten materials based on the study's findings. UST TITLE: Expedited Site Assessment Tools for Underground Storage Tank Sites: A Guide For Regulators AVAILABILITY: GPO EPA ORDER NO.: EPA510-B-97-001 The purpose of this manual is to help state regulators understand the Expedited Site Assessment (ESA) process so that they can more effectively oversee and promote ESAs to improve the remediation process. The manual discusses the applicability,.advantages, and limitations of various site assessment equipment and methods. ------- April 1997 New Publications CERCLA TITLE: Descriptions of Six Sites Proposed to the National Priorities List in April 1997 AVAILABILITY: Hotline OSWER DIRECTIVE NO.: 9320 7-071 This document provides background information on the six sites proposed to the National Priorities List (NPL) in April 1997. The NPL informs the public of uncontrolled hazardous waste sites that warrant further investigation to determine if they pose risks to human health or the environment. TITLE: Descriptions of Five Final Sites Added to the National Priorities List in April 1997 AVAILABILITY: Hotline OSWER DIRECTIVE NO.: 9320 7-071 This document provides background information on the five sites added to the NPL in April 1997. TITLE: Supplementary Materials: National Priorities List, Proposed Rule and Final Rule AVAILABILITY: Hotline OSWER DIRECTIVE NO.: 9320.7-061 This document presents information on how sites are placed on the NPL, how sites are deleted from the NPL, the status of the NPL as of April 1997, and data summaries. Sites on the NPL are eligible for long-term remedial action financed unde* the Superfund. TITLE: Background Information: National Priorities List, Proposed Rule and Final Rule AVAILABILITY: Hotline OSWER DIRECTIVE NO.: 9320.7-051 This document presents background information regarding EPA's recent addition of five sites to the NPL, as well as the proposal to add six sites to the NPL. The document discusses the status of the NPL in terms of numbers of sites, as well as the progress of site cleanups once sites are added to the NPL. TITLE: National Priorities List Final and Proposed Sites (by Site Name) April 1997 AVAILABILITY: Hotline EPA ORDER NO.: NPL-U22-6-6 This document lists all of the final sites on and sites proposed for addition to the NPL. The list includes site name and location by city and state, and indicates final or proposed status. Federal agency and state priority sites are also indicated. TITLE: Removal Response to Radiation Sites: Reference Document AVAILABILITY: NTIS NTIS ORDER NO.: PB94-963 414 This document was designed to provide references and a planning guide for removal actions involving radioactive materials. The guidance includes: a contrast of the procedures for a radiation site and a hazardous waste site without radioactive contamination; a statement of the relevant issues for responding to a radiation release; a guide to the response planning process; assistance available to OSCs and site managers in dealing with radiation sites;.and information about radiation-related training. This document does not provide the OSC with specific procedures for identifying, treating, and removing radionuclides. ------- New Publications April 1997 TITLE: Community Advisory Groups: Partners in Decisions at Hazardous Waste Sites (Case Studies) AVAILABILITY: NTIS NTIS ORDER NO.: PB96-963 250 This document includes case studies of Community Advisory Groups (CAGs) at five hazardous waste sites based on interviews with community members involved in the CAG at each site. The sites include the Brio Refining, Inc., Superfund site in Texas, the Carolawn site in South Carolina, the Colorado School of Mines Research Institute site in Colorado, the Oronogo-Duenweg Mining Belt site in Missouri, and the Southern Maryland Wood Treating site in Maryland. These case studies highlight several important lessons for communities considering the formation of a CAG. TITLE: Proceedings: Superfund Relocation Roundtable Meeting AVAILABILITY: NTIS NTIS ORDER NO.: PB96-963 254 This report provides the proceedings from the Superfund Relocation Roundtable hosted by Citizens Against Toxic Exposure (GATE), the organization of residents who live between Pensacola's Escambia and Agricio Superfund Sites. TITLE: Ground Water Cleanup at Superfund Sites AVAILABILITY: NTIS NTIS ORDER NO.^PB96-963 310 This brochure explains some of the approaches EPA has used to clean up ground water contamination. Information on the best approach to reducing and preventing ground water contamination for different,types of sites is also presented. TITLE: Landfill Presumptive Remedy Saves Time and Cost AVAILABILITY: NTIS/Internet NTIS ORDER NO.: PB96-963 313 http://www.epa.gov/superfund/oerr/techres/ index.htm This bulletin summarizes results from the implementation of the containment presumptive remedy at three CERCLA municipal landfill sites. The presumptive remedies initiative streamlines the CERCLA remedy selection process by developing technologies to address specific types of sites and/or contaminants. OPA TITLE: Guidance for Use of the Oil Spill Liability Trust Fund AVAILABILITY: NTIS NTIS ORDER NO.: PB96-963 255 This document details the requirements and procedures for use of the Oil Spill Liability Trust Fund (OSLTF) described in the Memorandum of Understanding between the EPA and the U.S. Coast Guard. The OSLTF was developed to conduct oil pollution removal actions under the authority of §31 l(c) of the Clean Water Act, and § 1012 of the Oil Pollution Act of 1990. The guidance in this document specifically targets those responsible for initiating oil pollution removal actions, managing and tracking finances through the response, and providing cost documentation of oil pollution removal costs. 10 ------- FEDERAL REGISTERS You may order copies of all major RCRA, Superfund, and EPCRA Federal Registers by calling the Hotline. RCRA, Superfund, and EPCRA National Toll-Free No.: (800) 424-9346 Local: (703) 412-9810 TDD National Toll-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 EPA's Public Access Servers. The servers are accessible at: World Wide Web: http://www.epa.gov FTP: ftp.epa.gov EPA Federal Registers are organized by date on the World Wide Web (starting from October 1994). Go to. http://www.epa.gov/fedrgstr For RCRA/UST and selected CERCLA Federal Registers, choose: Federal Register (FR) - Waste. For selected EPCRA Federal Registers, choose: Federal Register (FR) - Toxic Release Inventory. FINAL RULES RCRA "State of Florida: Finat Authorization of State Hazardous Waste Management Program Revisions" April 1, 1997 (62 FR 15407) EPA announced that it intends to approve Florida's hazardous waste management program revisions. Final authorization for Florida will be effective June 2, 1997, unless EPA publishes a prior Federal Register notice withdrawing this immediate final rule. All comments on Florida's program revision application must be received by the close of business May 1, 1997. "Michigan: Final Determination of Adequacy of State Municipal Solid Waste Landfill Permit Program" April 8, 1997 (62 FR 16804) EPA issued a tentative determination of adequacy for the portion of Michigan's municipal solid waste landfill permit program relating to financial assurance requirements. The tentative determination will become effective on June 9, 1997, unless adverse comments are received. All comments on Michigan's amended application for a determination of adequacy must be received by U.S. EPA Region 5 by the close of business on May 8, 1997. ------- Federal Registers CERCLA "National Priorities List; Minot Landfill Super-fund Site" April 1, 1997 (62 FR 15411) EPA announced the deletion of a portion of the Minot Landfill Site, located in Ward County, North Dakota, from the National Priorities List. The Agency published its intent to delete the site on December 26, 1996 (61 FR 67975). EPA and the State of North Dakota have determined that the site, as remediated, poses no significant threat to public health or the environment and, therefore, no further remedial measures pursuant to CERCLA are appropriate. "National Priorities List for Uncontrolled Hazardous Waste Sites" ApriM, 1997 (62 FR 15572) EPA added five new sites to the National Priorities List (NPL), three to the General Superfund Section and two to the Federal Facilities section. The NPL is intended primarily to guide the EPA in determining which sites warrant further investigation to assess the nature and extent of public health and environmental risks associated with the site and determine what CERCLA-fmanced remedial action, if any, may be appropriate. "National Priorities List; Partial Deletion of the Geneva Industries Superfund Site" Aprils, 1997 (62-FR 16706) EPA announced the deletion of a portion of the Geneva Industries Site, located in Houston, Texas, from the National Priorities List. The Agency published its intent to delete the site on October 31, 1996 (61 FR 56194). EPA and the State of Texas have determined that all appropriate Fund-financed responses April 1997 under CERCLA have been implemented and that no further cleanup by responsible parties is appropriate. "National Priorities List; Triangle Chemical Company Superfund Site" Aprils, 1997 (62 FR 16707) EPA announced the deletion of the Triangle Chemical Company Site, located in Bridge City, Texas, from the National Priorities List. The Agency published its intent to delete the site on October 31, 1996-(61 FR 56197). EPA and the State of Texas have determined that all appropriate Fund-financed responses under CERCLA have been implemented and that no further cleanup by responsible parties is appropriate. "National Priorities List; Conklin Dumps Superfund Site" April 25,1997 (62 FR 20123) EPA announced the deletion of the Conklin Dumps Site, located in Town of Conklin, New York, from the National Priorities List. The Agency published its intent to delete the site on March 12, 1997 (61 FR 20124). EPA and the State of New York have determined that all appropriate Fund-financed responses under CERCLA have been implemented and that no further cleanup by responsible parties is appropriate. 12 ------- April 1997 Federal Registers PROPOSED RULES NOTICES RCRA "Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Proposed Exclusion" April 18, 1997 (62 FR 19087) EPA proposed to grant a petition submitted by General Motors Corporation, Orion Assembly Center (GM) in Lake Orion, Michigan, to exclude certain solid wastes generated by its wastewater treatment plant from the lists of hazardous wastes contained in Subpart D of Part 261. Comments must be received on or before June 2, 1997. CERCLA "National Priorities List; Proposed Rule No. 22" April1,1997(62FR15594) EPA proposes to add six new sites to the National Priorities List (NPL), five to the General Superfund Section and one to the Federal Facilities section. The NPL is intended primarily to guide the EPA in determining which sites warrant further investigation to assess the nature and extent of public health and environmental risks associated with the site and determine what CERCLA-financed remedial action(s), if any, may be appropriate. ~ RCRA, CERCLA, EPCRA "Semiannual Regulatory Agenda" April 25, 1997 (62 FR 22296) The regulatory agenda is a semiannual summary of current and planned rulemakings and Agency actions completed since the previous publication of the agenda. RCRA "OMB Approval Numbers Under the Paperwork Reduction Act" April 7, 1997 (62 FR 16492) EPA amended the table of currently approved Information Collection Request Control Numbers issued by the Office of Management and Budget by adding the information requirements promulgated under the Criteria for Municipal Solid Waste Landfills which appeared in the Federal Register on October 9, 1991 (56 FR 51016). "Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Petroleum Refining Process Wastes; and Land Disposal Restrictions for Newly Hazardous Wastes; Notice of Data Availability" Aprils, 1997 (62 FR 16747) EPA announced the availability of data and information relating to the proposal to designate as hazardous wastes certain petroleum refining waste streams (60 FR 57747; November 20, 1995). EPA presented the following for public comment: modeling analyses using different assumptions than used for the proposal, additional analyses of waste 13 ------- Federal Registers April 1997 NOTICES characteristics and disposal practices, and evaluations of the potential impact of different modeling assumptions on the risk assessment results. The Agency is reopening the comment period only for the new data and analyses. Comments must be received on or before June 9, 1997. "Land Disposal Restrictions—Phase IV: Treatment Standards for Characteristic Metal Wastes; Notice of Data Availability" April 8, 1997 (62 FR 16753) EPA extended the comment period for the notice of data availability (NODA) published in the March 5, 1997, Federal Register (62 FR 10004). The NODA solicited public comments on studies, and the results of a peer review of those studies, pertaining to whether the addition of iron filings to lead- contaminated spent foundry sand constitutes impermissible dilution of the waste in lieu of proper treatment to conform with the requirements of the land disposal restrictions program. Comments must be received on or before May 8, 1997. "Agency Information Collection Activities: Submission for OMB Review; Comment Request; Collection of Compliance Information From Automotive Service and Repair Shops" April 11,1997 (62 FR 17807) EPA announced that the following Information Collection Request has been forwarded to the Office of Management and Budget for review and approval: Collection of Compliance Information from Automotive Service and Repair Shops. Comments must be submitted on or before May 12, 1997. "Comprehensive Guideline for Procurement of Products Containing Recovered Materials; Proposal to Designate Ink Jet Cartridges" April 14, 1997 (62 FR 18072) EPA summarized information submitted in response to the November 7, 1996, Federal Register (61 FR 57748) proposal to designate ink jet cartridges as a procurement item under RCRA §6002. EPA indicated that there is insufficient evidence to support a designation at this time. As a result, EPA tentatively decided that it will not include ink jet cartridges as a designated item in the final Comprehensive Procurement Guideline when it is promulgated. Comments on this notice must be received on or before May 14, 1997. "Regulatory Reinvention (XL) Pilot Projects" April 23,1997 (62 FR 19872) EPA modified existing guidance on Project XL and solicited new XL projects. EPA also clarified definitions for three key Project XL elements: superior environmental performance; regulatory flexibility; and stakeholder involvement; and described changes intended to bring greater efficiency to the process of developing XL projects. The effective date is April 23, 1997. "District of Columbia; Approval of Underground Storage Tank Program" April 28,1997 (62 FR 22898) EPA issued a tentative determination to approve the District of Columbia's underground storage tank program. If sufficient public interest is expressed, a public hearing will be held on June 5, 1997. All comments on the District of Columbia's 14 ------- April 1997 Federal Registers NOTICES application for program approval must be received by 4:30 p.m. on May 29, 1997. "Greenhouse Gas Emissions From Municipal Waste Management" April 28, 1997 (62 FR. 22942) EPA released a draft report for public review that estimates the greenhouse gas emissions and sinks associated with the following municipal solid waste management strategies: source reduction, recycling, composting, combustion, and landfilling. The ten materials examined are newspaper, office paper, corrugated cardboard, aluminum, steel, HDPE plastic, LDPE plastic, PET plastic, food scraps, and yard trimmings. Comments on this draft contractor report must be submitted on or before July 28, 1997. "Agency Information Collection Activities up for Renewal; Collection of Economic and Regulatory Impact Support Data Under RCRA ICR No. 1641.01" April 30,1997 (62 FR 23445) EPA is planning to submit the following continuing Information Collection Request to the Office of Management and Budget (OMB): Collection of Economic and Regulatory Impact Support Data Under RCRA: Request for Generic Clearance 1641.01, OMB Control Number 2050-0136, expiration date October 31, 1997. Comments must be submitted on or before May 12, 1997. CERCLA "Request for Comments; NCR, Subpart J; Agency Information Collection Activities up for Renewal" April 11, 1997 (62 FR 17801) EPA plans to submit a continuing Information Collection Request (ICR) to the Office of Management and Budget (OMB) (OMB Control Number: 2050-0141). The purpose of the ICR is to gather information on the most appropriate dispersants and other chemicals to use in oil spill scenarios. The oil spill mitigating products are listed on the NCP Product Schedule in Subpart J of the NCP (40 CFR §300.900). "Notice of Public Meeting on the Sector Facilities Indexing Project" April 22,1997 (62 FR 19573) EPA announced a public meeting on Wednesday, May 14, 1997, to hear presentations and statements from a cross- section of stakeholders on facility profiling methodologies used within the Sector Facility Indexing Project. CAA "Clean Air Act Advisory Committee; Accident Prevention Subcommittee Meeting" April 15,1997 (62 FR 18347) The Accident Prevention Subcommittee met on May 9, 1997, in Washington, DC. Discussion covered issues related to electronic submission of the risk management plan and how to expand public outreach and understanding in the risk management program. 15 ------- Federal Registers April 1997 NOTICES Settlements and Consent Decrees "Consent Decree; PAB Oil Superfund Site" Aprils, 1997 (62 FR 15918) "Consent Decree; Tulalip Landfill Superfund Site" Aprils, 1997 (62 FR 15918) "Consent Decree; Montrose Chemical Superfund Site" Aprils, 1997 (62 EB 15919) "Notice of Public Comment Extension; United States v. Puerto Rico Electric Power Authority Aprils, 1997 (62 EB 15919) "Proposed Settlement; Sanitary Landfill Company Superfund Site" April 4, 1997 (62 FR 16156) "Consent Decree; United States v. Conoco Inc." Aprils, 1997 (62 FR 16840) "Consent Decree; Hertel Landfill Superfund Site" Aprils, 1997 (62 ER 16870) "Consent Decree; United States v. Cowles Media Company" April 10, 1997 (62.EB 17640) "Consent Decree; Tulalip Landfill Superfund Site" April 14, 1997 (62 EB 18146) "Consent Decree; Norwood PCS Superfund Site" April 14, 1997 (62 EB 18147) "Consent Decree; Hinson Superfund Site" April 18, 1997 (62 ER 19130) "Consent Decree; Fike/Artel Chemical Company Superfund Site" April 18, 1997 (62 EB 19131) "Consent Decree; Port Refinery Superfund Site" ApriJ 18, 1997 (62 EB 19131) "Proposed Administrative Settlement; Enviropur West Corporation Removal Superfund Site" April 21, 1997 (62 EB 19321) "Lodging of Stipulation and Order; Rosen Superfund Site" April 21, 1997 (62 EB 19354) "Proposed Administrative Settlement; Wells Metal Finishing Superfund Site" April 23, 1997 (62 Ffi 19750) "Consent Decree; Kerr-McGee Chemical Corporation Superfund Site" April 23, 1997 (62 Ffi 19812) "Consent Decree; McLaren Tailings Superfund Site" April 23, 1997 (62 FR 19812) "Proposed Settlements; Accidental Release Prevention List of Substances Litigation" April 24, 1997 (62 F_R 20007) "Consent Decree; Municipal and Industrial Disposal Company Superfund Site" April 24, 1997 (62 FJR 20022) "Proposed Settlement; Sealand Restoration Superfund Site" April 25, 1997 (62 EB 20176) 16 ------- CALL ANALYSES This month, the Hotline responded to a total of 20,478 questions and document requests. 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 4,145 347 219 18 101 344 99 3 8 1 6 93 440 218 208 317 6,567 No caller profile data available. 17 ------- Call Analyses April 1997 Emergency Planning and Community Right-to-Know Act/ Superfund Hotline Manufacturers Food/Tobacco 20 Textiles 12 Apparel 11 Lumber & Wood 11 Furniture 11 Paper 12 Printing & Publishing 13 Chemicals 110 Petroleum & Coal 62 Rubber and Plastics 33 Leather 10 Stone, Clay & Glass 22 Primary Metals 34 Fabricated Metals 64 Machinery (Excluding Electrical) 15 Electrical & Electronic Equipment 17 Transportation Equipment 17 Instruments 7 Misc. Manufacturing 159 Subtotal 787 Consultants/Engineers 2,497 Attorneys 170 Citizens 154 Public Interest Groups 27 Educational Institutions 47 EPA 55 Federal Agencies 60 GOCOs 22 Congress 8 State Officials/SERC 45 Local Officials/LEPCs , 33 Fire Departments 15 Hospitals/Laboratories 18 Trade Associations 10 Union/Labor 2 Farmers 12 Distributors 33 Insurance Companies 13 Media/Press 15 Native Americans 4 International 4 Other 115 Referrals* 160 Transfers to RCRA/UST Hotline* 137 Document Retrieval Line* 0 Message Retrieval Line* 514 * No caller profile data available. TOTAL NUMBER OF CALLERS 4,810 18 ------- April 1997 Call Analyses HOTLINE TOPICS RCRA RCRA GENERAL SUBTITLE C Hazardous Waste Id. • General Characteristics Listings Mixture Rule Derived-From Contained-In Policy Sampling 1,119' 9061 623' 528' 147 120 221' 62 Solid and Hazardous Waste Exclusions 223' Radioactive Mixed Waste Delisting Petitions Definition of Solid Waste/Hazardous Waste Recycling Large Quantity Generators Small Quantity Generators CESQGs Transporters Exports/Imports TSDFs General Facility Standards Unit Standards Air Emissions Combustion - General BIFs Incinerators Draft Strategy Waste Minimization LDR Applicability Notifications/Certification Treatment Standards Permits and Permitting State Programs Financial Assurance Closure/Post-Closure Corrective Action Enforcement Hazardous Waste Data Test Methods Indian Lands Used Oil Standards - Military Munitions OTHER WASTES Ash Bevill Amendment (Mining Waste) Medical Wastes Oil and Gas 29 24 4171 5691 228 144 109 44 146 246 244' 69 61 68 10 45 2211 123 368 185 144 47 63 2901 143 88 142 14 239 601 10 28 144 18 SUBTITLE D Household Hazardous Wastes Subtitle D - General Technical Standards Industrial Wastes Municipal Wastes Indian Lands Financial Assurance Solid Waste Recycling/Markets - General Aluminum Batteries Glass Paper Plastics Tires Used Oil Composting Procurement Source Reduction/Pollution Prevention Grants and Financing TOTAL QUESTIONS * Includes 3,069 RCRA document requests. 170 146 ->2 21 164 39 19 5271 14 21 12 20 23 22 25 14 45 88 45 10,166* '** UST General/Misc. Applicability/Definitions Regulated Substances 1998 Deadline Standards for New Tank Systems Tank Standards and Upgrading Replacing/Closing Release Detection Reporting Requirements Operating Requirements Corrective Action for USTs Financial Responsibility State Programs Private Sector Indian Lands LUST General/Miscellaneous RBCA Technologies Solvency/Cost Controls 3481 152 31 121' 129' 2601 108 150' 56 48 101 74 38 14 2 6 0 1,654* TOTAL QUESTIONS * Includes 645 UST document requests. **Increase in UST calls attributed, in part, to EPA Region 5 notification of upcoming 1998 deadline 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 ------- Call Analyses April 1997 EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW General: General Title III Questions Trade Secrets Enforcement Liability/Citizen Suits Training Chemical-Specific Information Emergency Planning (§§301-303): General Notification Requirements SERC/LEPC Issues EHSs/TPQs Risk Communication/ Hazards Analysis Exemptions Emergency Release Notification (§304): General Notification Requirements Reportable Quantities CERCLA §103 vs. SARA §304 ARIP/AHEDB/ERNS Exemptions Hazardous Chemical Reporting (§§311-312): General MSDS Reporting Requirements Tier I/II Requirements Thresholds Hazard Categories Mixtures Reporting Exemptions 2261 11 70 4 62 75 1551 64 62 1061 54 10 95 61 61' 91 5 24 1391 591 3651 1641 24 561 561 Special Topics: CAA§ 112 General RMPs List of Regulated Substances Federal Facilities Executive Order 1181 382' 128' 13 Toxic Chemical Release Inventory (§313): General Reporting Requirements Thresholds Form R Completion Supplier Notification NOTEs/NOSEs/NONs Voluntary Revisions" Pollution Prevention, 3 3/50 Public Access to Data TRI Database Petitions TRI Expansion Exemptions 3181 4361 2381 1,162' 36 37 33 112 66 37 133 77i 30 TOTAL QUESTIONS 5,455 *Includes 1,821 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 220 30 851 118' 69 48 11 47 100 6 14 25 79 49' 16 4 7 120' 106' 20 167' 13 159' 11 15 104 97 307' 15 6 29 18' 30 13 153 20 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. ------- April 1997 Call Analyses Removal 30 RI/FS 39 Risk Assos./Health Effects 82 ROD 79 RQ 1521 Settlements 18 SITE Program 12 State Participation 19 State Program 30 TAGs 6 Taxes 14 Special Topics Oil Pollution Act 108 SPCC Regulations 3031 TOTAL QUESTIONS 3,203* *Includes 512 Superfund document requests. TOTAL HOTLINE QUESTIONS AND DOCUMENT REQUESTS: 20,478 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. 21 ------- |