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
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MONTHLY HOTLINE REPORT
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The Monthly Hotline Report can be ordered
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Yearly Subscription SUB-9224-97-000
January 1997
February 1997
March 1997
April 1997
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SUB-9224-97-001
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SUB-9224-97-004 -.<'
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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. 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"
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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).
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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
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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
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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
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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.
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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 Toil-Free No.: (800) 424-9346
Local: (703) 412-9810 TDD National Toll-Free No.: (800) 553-7672
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You may access certain documents electronically by using this server:
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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
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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.
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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.
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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
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FEDERAL REGISTERS
You may order copies of all major RCRA, Superfund, and EPCRA Federal Registers by calling the Hotline.
RCRA, Superfund, and EPCRA National Toll-Free No.: (800) 424-9346
Local: (703) 412-9810 TDD National 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.
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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