EPA530-R-97-:C5
SUB-9224-97-008
MONTHLY HOTLINE REPORT
August 1997
RCRA, Super-fund, and EPCRA
Hotline Questions & Answers
Resource Conservation and Recovery Act (RCRA)
Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
New Publications
Resource Conservation and Recovery Act (RCRA)
Underground Storage Tanks (UST)
Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA)
5
9
Federal Registers
Final Rules , 11
Proposed Rules 12
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-Fre,e 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
3
Printed on
Recycled Paper
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MONTHLY HOTLINE REPORT
AVAILABILITY
Electronic Availability
The Monthly Hotline Report Questions and
Answers are also available for downloading at
no charge from the CLU-IN bulletin board via
modem at (301) 589-8366 or telnet at clu-
in.epa.gov. After registering, select Directory
8 from the file submenu. CLU-IN also has the
Monthly Hotline Reports available via the
World Wide Web (WWW) at
ftp://clu-in.com/download/hotline/
The complete text of the 1991 (November and
December only), 1992, 1993, 1994, 1995, and
1996 Monthly Hotline Reports may be
accessed via the 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
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National Technical Information Service
(NTIS)
The Monthly Hotline Report can be ordered
through NTIS at (703) 487-4650. The NTIS
order numbers are as follows:
Yearly Subscription SUB-9224-97-000
January 1997 SUB-9224-97-001
February 1997
March 1997
April 1997
May 1997
June 1997
July 1997
August 1997
RCRA Docket
SUB-9224-97-002
SUB-9224-97-003
SUB-9224-97-004
SUB-9224-97-005
SUB-9224-97-006
SUB-9224-97-007
SUB-922-97-008
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.
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HOTLINE QUESTIONS AND ANSWERS
RCRA
1. Empty Containers Developing
Pressure
A generator sends a hazardous waste gas
to a treatment, storage, and disposal facility
(TSDF) in a rail car. Upon arrival at the
TSDF, the hazardous waste gas is removed
from the rail car and the rail car is opened to
the atmosphere. The rail car is rendered
empty when the pressure in the car
approaches atmospheric, as specified in 40
CFR §261.7(b)(2). The TSDF then seals the
empty rail car and shipHtft back to the
generator for refilling with hazardous waste.
During transport back to the generator, the
empty rail car is heated naturally by the sun
and the remaining gaseous residue inside the
rail car develops a pressure due to the
heating. Does the pressurized residue in the
rail car become subject to regulation as
hazardous waste?
According to §261.7(b)(2), containers of
pressurized gas are considered empty when
they reach atmospheric pressure. The rail car
described above was rendered empty at the
TSDF, reached atmospheric pressure, and
then, during transport back to the generator,
experienced a rise in pressure as it was heated
by the sun. It is not EPA's intent to regulate
containers in such situations where an
incidental rise in pressure occurs resulting
from ambient environmental conditions. In
this specific rail-car scenario, the "empty"
status of the rail car does not change due to
the heating from the sun.
2. Waste Analysis Information for
Purposes of Subpart CC
Compliance
A treatment, storage, and disposal facility
(TSDF) periodically receives shipments of
waste from an off-site generator. Waste
analysis information provided to the TSDF by
the generator indicates that the waste is not
subject to the 40 CFR Part 264/265, Subpart
CC air emission standards. These standards
allow owners/operators to use process
knowledge when determining the applicability
of the standards to a particular wastestream
(§265.1084(a)(2)). If the owner/operator of
the TSDF uses the generator's waste analysis
information to demonstrate the waste is not
subject to the air emission standards, how
often must this information be updated to
maintain compliance with Subpart CC? Can
the generator send the information to the
TSDF monthly or annually, or must the.
appropriate information accompany each
waste shipment?
The Subpart CC regulations do not require
that waste analysis information accompany
every shipment of hazardous waste sent from
the generator to a TSDF. If the waste analysis
information received from the generator with
the first shipment of waste is representative of
subsequent shipments to the TSDF, the TSDF
can continue to rely on the original waste
analysis information, within certain limits.
Owners/operators are required to update the
waste analysis information at least once every
twelve months following the date of the
original analysis (§265.1083(c)(l)).
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Hotline Questions & Answers
August 1997
It is not the responsibility of the generator
to supply the TSDF with waste analysis
documentation, rather it is the TSDF's option
to use this information to perform volatile
organic concentration determinations. In all
cases, it is the responsibility of the person with
custody of the waste to obtain valid
information to make compliance
determinations. Therefore, the TSDF should
only use shipping papers, waste certifications,
or other generator-prepared information in
which they have confidence (61 FR 4907;
February 9, 1996).
3. Pretreatment Standards for
Wastewater Treatment Units
Waste-water treatment units (WWTUs) are
exempt from RCRA permitting provided the
units meet the definition of a tank or tank
system, treat hazardous wastewaters, and are
part of a wastewater treatment facility subject
to regulation under §402 or 307(b) of the
Clean Water Act (CWA) (40 CFR §260.10). A
small manufacturing facility treats its
wastewaters in a tank system before
discharging them to a publicly owned
treatment works (POTW) through a public
sewer. The facility is not part of an industry
category subject to national categorical
pretreatment standards pursuant to §307(b) of
the CWA. The facility does, however, treat its
wastewaters to levels consistent with local
limits established by the POTW. Can the
facility's. tank system qualify as an exempt
WWTU under §260.10?
Yes. The WWTU definition requires that
discharges from the tank or tank system be
subject to the CWA.' A facility that discharges
a pollutant covered under CWA §307(b) to a
POTW is considered to be subject to the CWA.
The underlying assumption is that tanks
discharging to a public sewer under local limits
have sufficient EPA oversight under the CWA
to prevent a decrease in environmental controls
(Letter, Bussard to Mulligan; June 1, 1990). If
a facility is, therefore, operating tanks that
discharge hazardous wastewaters to a POTW,
those tanks are exempt from RCRA permitting
(§270.1(c)(2)(v)), as well as general facility
standards and unit-specific requirements under
Parts 264 and 265 (§§264.1(g)(6) and
265.l(c)(lO)).
CERCLA
4. ARARs for On-Site Discharges
Response actions conducted at a CERCLA
site must comply with the substantive aspects
of applicable or relevant and appropriate
requirements (ARARs) of federal and state
laws. In order to expedite cleanups, CERCLA
§121(e) waives the administrative
requirements of ARARs, including the
obligation to obtain a permit, for remedial
actions conducted entirely on site. However,
off-site response actions must comply with
both substantive and administrative
requirements of all applicable regulations.
Some remedies initiated at CERCLA sites may
allow the migration of hazardous substances,
which might affect off-site areas. For example,
a remedy may require the discharge of
hazardous substances to an on-site water body
which may carry the hazardous substances off
site. Must this type of remedial action comply
with the administrative requirements of
ARARs?
No. A discharge to a water body during an
on-site response action would be considered an
on-site activity, and therefore not subject to
administrative requirements of ARARs,
assuming the water body meets the definition
of on-site. The term "on-site" is defined at 40
CFR §300.400(e)(l) as "the areal extent of
contamination and all suitable areas in very
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August 1997
Hotline Questions & Answers
close proximity to the contamination necessary
for implementation of the response action".
That is, the water body must be in the area of
contamination, or in very close proximity to
the site and necessary for implementation of
the response action (CERCLA Compliance
with Other Laws Manual: Interim Final,
OSWER Directive 9234.1-01, p. 3-2). If the
water body meets this definition, the discharge
would not need to meet administrative
requirements of ARARs, such as obtaining a
permit, regardless of whether the hazardous
substances released to the water body
eventually flow off site.
EPCRA
5. The Definition of Facility under
EPCRA 313
The definition of facility under EPCRA
§329(4) includes "all buildings, equipment,
structures, and other stationary items which
are located on a single site or on contiguous or
adjacent sites and which are owned or
operated by the same person (or by any person
which controls, is controlled by, or under
common control with, such person). " Two
Government-Owned, Contractor-Operated
(GOCO) sites are separated by a street. The
GOCOs are owned by the same federal
agency, but operated by different contractors.
When, as required by Executive Order (EO)
12856, the federal agency is making threshold
determinations under EPCRA §313, must it
consider the two GOCOs as part of the same
fede ra I facility?
Yes. The two GOCOs are considered to be
a single federal facility for the purposes of
EPCRA §313 threshold determinations and
release reporting as required by EO 12856.
EPA has interpreted "contiguous or adjacent
sites" to include sites separated only by a
public right-of-way. Further, sections 2-201
and 2-202 of EO 12856 expanded the
definition of "person" under EPCRA §329(7)
to include federal agencies, as defined in 5
U.S.C. §§102 and 105. Therefore, the two
GOCOs are considered to occupy sites that are
contiguous or adjacent and which are owned
by the same person. Each GOCO should
provide any information required by the
federal facility in making threshold
determinations and reporting releases under
EPCRA §313.
EO 12856 does not alter any separate
obligation(s) a GOCO may have under EPCRA
and the Pollution Prevention Act (PPA) (EO
12856 Section 1-103). Private contractors
operating at federal facilities must continue to
meet any legal reporting requirements they
have under EPCRA and PPA. Thus a GOCO
that operates a covered facility under 40 CFR
§372.22 must file a Form R or a Certification
Statement for each toxic chemical for which
the facility exceeds an activity threshold as
specified in 40 CFR §372.25.
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NEW PUBLICATIONS
HOW TO ORDER
NTIS Publications are available by calling (703) 487-4650, or writing NTIS, 5285 Port Royal Road,
Springfield, VA 22161. Use the NTIS Order Number listed under the document.
EPA Publications are available through the Hotline. Use the EPA Order Number listed under the document.
RCRA, Superfund, and EPCRA National Toll-Free No.: (800) 424-9346
Local: (703)412-9810 TDD National Toll-Free No.: (800) 553-7672
EPA's fax-on-demand service distributes selected publications noted by a "fax-on-demand" number. To order
these documents, from your fax machine dial (202) 651-2060 (forOSW documents), (202) 651-2061 (forCEPPO
documents), and (202) 651-2062 (for OERR documents), and follow the instructions provided by the voice prompt,
using the fax-on-demand number noted. Please call the Hotline for detailed instructions on
using the fax-on-demand service.
EPA Publications Available on the Internet
You may access certain documents electronically by using 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: Reusable News (Summer 1997)
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-97-002
This issue discusses a decrease in municipal
solid waste generation in 1995, the concept of
extended product responsibility, and
innovative uses of compost.
TITLE: Proceedings of the Workshop on
Extended Product Responsibility
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-97-020
This report provides proceedings from a
workshop on extended product responsibility.
TITLE: Geosynthetic Clay Liners Used in
Municipal Solid Waste Landfills
AVAILABILITY. Hotline
EPA ORDER NO.: EPA530-F-97-002
This fact sheet describes geosynthetic clay
liners (GCLs), a new and innovative
technology that meets the performance
standards of the criteria for municipal solid
waste landfills (40 CFR Part 258). It also
presents case studies of successful applications
of GCL technology.
TITLE: Landfill Reclamation
AVAILABILITY: Hotline
EPA ORDER NO.: EPA530-F-97-001
This fact sheet describes landfill reclamation, a
new approach used to expand municipal solid
waste landfill capacity and avoid the high cost
of acquiring additional land.
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New F'jolications
August 1997
TITLE: Sue Specific Flexibility Requests for
Municipal Solid Waste Landfills In Indian
Country: Draft Guidance
AVAILABILITY Hotline
EPA ORDER NO.: EPA530-R-97-016
This document sets out a process designed to
help owners and operators in requesting
flexibility in federal municipal solid waste
landfill (MSWLF) rules in Indian Country and
to help EPA Regional offices in reviewing and
processing such requests.
TITLE: Background Document for Capacity
Analysis to Support 40 CFR Part 268 Land
Disposal Restrictions for Ignitable and
Corrosive Wastes Whose Treatment Standards
were Vacated (Interim Final Rule)
AVAILABILITY: NTIS
NTIS ORDER NO.: PB97-177 513
This document provides general background
on the interim final rule promulgated in
response to the September 1992 court decision
vacating treatment standards for ignitable and
corrosive wastes. Appendices include capacity
comments summaries and response and
estimation of affected injection wells.
TITLE: Background Document for the First
Third Wastes to Support 40 CFR Part 268
Land Disposal Restrictions; Final; Addendum:
Capacity Analysis for K061 Wastes.
AVAILABILITY: NTIS
NTIS ORDER NO.: PB97-177 497
This document updates the capacity analysis
for K061 wastes based on the new treatment
standards established for high zinc K061 and
on new information about high zinc K061
generation, management, and treatment, and
provides discussion on current management
practices and available high temperature
metals recovery (HTMR) treatment capacity.
TITLE: Background Document for Capacity
Analysis for Land Disposal Restrictions Phase
III - Decharacterized Wastewaters, Carbamate
Wastes, and Spent Potliners (Complete Set)
AVAILABILITY: NTIS
NTIS ORDER NO.: PB97-176 879
Presents the capacity analysis EPA conducted
to support the Land Disposal Restrictions
(LDR) Phase III addressing decharacterized
wastewaters, carbamate wastes, and spent
potliners.
TITLE: Response to Comments Background
Document for the Newly Listed Wastes and
Hazardous Debris Proposed Rule; Capacity-
Related Comments
AVAILABILITY: NTIS
NTIS ORDER NO.: PB97-177 505
This document provides EPA support and
rationale for land disposal restrictions for
newly listed wastes and hazardous debris.
TITLE: Background Document for Capacity
Analysis for Land Disposal Restrictions Phase
II - Universal Treatment Standards, and
Treatment Standards for Organic Toxicity
Characteristic Wastes and Other Newly Listed
Wastes; Final
AVAILABILITY: NTIS
NTIS ORDER NO.: PB97-177-521
This document presents the capacity analysis
EPA conducted to support the final LDR Phase
II rule on universal treatment standards and
treatment standards for organic toxicity
characteristic wastes and newly listed wastes.
The report also evaluates the need for national
capacity variances from the land disposal
prohibitions and provides estimates of the
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August 1997
New Publications
quantities of wastes that will require alternative
commercial treatment and recovery prior to
land disposal.
TITLE: Background Document for Capacity
Analysis for Newly Listed Wastes and
Hazardous Debris to Support 40 CFR 268
Land Disposal Restrictions; Final; Volume I:
Capacity Analysis Methodology and Results;
Appendices A and B
AVAILABILITY: NTIS
NTIS ORDER NO.: PB97-177 422
This document presents the capacity analysis
EPA conducted to support the final rule on the
land disposal restrictions (LDR) on newly
listed wastes and hazardous debris. The report
evaluates the need for need for national
capacity variances from Land Disposal
Prohibitions and provides estimates of the
quantities of wastes that will require alternative
commercial treatment and recovery prior to
land disposal as a result of the LDRs.
TITLE: Background Document for Capacity
Analysis for land Disposal Restrictions Phase
III - Decharacterized Wastewaters, Carbamate
Wastes, and Spent Potliners; Volume 1:
Capacity Analysis and Methodology
AVAILABILITY: NTIS
NTIS ORDER NO.: PB97-176 887
This document presents the capacity analysis
EPA conducted to support the LDR Phase III.
The report evaluates the need for national
capacity variances from the land disposal
prohibitions and provides estimates of the
quantities of wastes that will require alternative
commercial treatment prior to land disposal as
a result of LDR, including estimates of the
alternative commercial treatment capacity
available to manage wastes restricted from
land disposal. It also discusses ignitable,
corrosive, reactive, and toxicity characteristic
wastes that are managed in Clean Water Act or
Clean Water Act-Equivalent Systems, provides
data sources and methodology, and addresses
capacity analysis for newly listed wastes,
surface disposed mixed radioactive waste, and
non-sulfide and non-cyanide reactive wastes
not managed in Clean Water Act or Clean
Water Act-Equivalent Systems
TITLE: Background Document for Capacity
Analysis for Newly Listed Wastes and
Hazardous Debris to Support 40 CFR 268
Land Disposal Restrictions; Final; Volume 2:
Appendix C - Background Data for
•Incineration and Cement Kiln Capacity (Part 1)
AVAILABILITY: NTIS
NTIS ORDER NO.: PB97-177-430
This document provides background data on
the determination of available incineration and
cement kiln capacity. It also contains surveys
completed by firms regarding the capacity to
burn hazardous wastes under regulation since
November 1984.
TITLE: Background Document for Capacity
Analysis for Land Disposal Restrictions Phase
III - Decharacterized Wastewaters, Carbamate
Wastes, and Spent Potliners; Volume 2:
Appendix A (Part 1)
AVAILABILITY: NTIS
NTIS ORDER NO.: PB97-176 895
This document provides detailed analyses of
the required treatment capacity for industries
generating ignitable, corrosive, reactive, and/or
organic toxicity characteristic wastes managed
in Clean Water Act or Clean Water Act-
equivalent systems.
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New Publications
August 1997
TITLE: Background Document for Capacity
Analysis for Newly Listed Wastes and
Hazardous Debris to Support 40 CFR 268
Land Disposal Restrictions; Final: Volume 3:
Appendix C - Background Data for
Incineration and Cement Kiln Capacity (Part 2)
AVAILABILITY: NTIS
iNTIS ORDER NO.: PB97-177 448
This document contains surveys completed by
firms that are connected with fuels
substitution, own cement kilns, or act as fuel
blenders, regarding their capacity to burn
hazardous wastes under regulation since
November 1984.
TITLE: Background Document for Capacity
Analysis for Land Disposal Restrictions Phase
III - Decharacterized Wastewaters, Carbamate
Wastes, and Spent Potliners; Volume 3:
Appendices A (Part 2) - F
AVAILABILITY: NTIS
NTIS ORDER NO.: PB97-176 903
This document contains appendices
summarizing the waste treatment industry
questionnaire and 1991 Biennial Reporting
System (BRS) data on wastewater treatment,
telephone logs for the commercial combustion
capacity analysis, additional data supporting
the K088 spent potliners capacity analysis,
.wastewater and nonwastewater quantities of
D003 (reactive) wastes (Based on 1993 BRS
data), and a case study report for capacity
analysis of LDR Phase III decharacterized
wastewater.
TITLE: Background Document for Capacity
Analysis for Newly Listed Wastes and
Hazardous Debris to Support 40 CFR 268
Land Disposal Restrictions; Final; Volume 4:
Appendix C - Background Data for
Incineration and Cement Kiln Capacity (Part 3)
AVAILABILITY: NTIS
NTIS ORDER NO.: PB97-177 455
This document contains voluntary capacity
update survey responses from companies that
own commercial hazardous waste incinerator
facilities, including information regarding their
present and future capacity to burn liquids,
pumpable sludges, non-pumpable sludges,
containerized solids, and bulk solids. Also
provides engineering specifications of
incinerator units at the facility, debris and soil
acceptance criteria, and waste code
acceptability.
TITLE: Background Document for Capacity
Analysis for Newly Listed Wastes and
Hazardous Debris to Support 40 CFR 268
Land Disposal Restrictions; Final; Volume 5:
Appendix D - Category 1 Facilities for the
F037 and F038 Capacity Analysis
AVAILABILITY: NTIS
NTIS ORDER NO.: PB97-177 463
This document contains information on the
petroleum refineries used.for estimating F037
and F038 capacity, including an interview
guide, information obtained from refinery
visits, and information submitted by category 1
facilities.
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August 1997
New Publications
TITLE: Background Document for Capacity
Analysis for Newly Listed Wastes and
Hazardous Debris to Support 40 CFR 268
Land Disposal Restrictions; Final; Volume 6:
Appendix E - Category 2 Facilities for the
F037 and F038 Capacity Analysis
AVAILABILITY: NTIS
NTIS ORDER NO.: PB97-177-471
This document contains information on the
petroleum refineries used for estimating F037
and F038 capacity, including the key
assumptions and equations used to estimate
F037 and F038 generation for category 2
facilities.
TITLE: Background Document for Capacity
Analysis for Newly Listed Wastes and
Hazardous Debris to Support 40 CFR 268
Land Disposal Restrictions; Final; Volume 7:
Appendix F - Category 3 Facilities for the
F038 Capacity Analysis
AVAILABILITY: NTIS
NTIS ORDER NO.: PB97-177 489
This document contains information on the
petroleum refineries used for estimating F037
and F038 capacity, including the key
assumptions and equations used to estimate
F037 and F038 generation for category 3
facilities.
TITLE: Background Document for Capacity
Analysis for Newly Listed Wastes and
Hazardous Debris to Support 40 CFR 268
Land Disposal Restrictions; Final (Complete
Set)
AVAILABILITY: NTIS
NTIS ORDER NO.: PB97-177 414
This document presents the capacity analysis
EPA conducted to support the final rule on the
land disposal restrictions on newly listed
wastes and hazardous debris. The report also
evaluates the need for need for national
capacity variances from land disposal
prohibitions and provides estimates of the
quantities of wastes that will require alternative
commercial treatment and recovery prior to
land disposal as a result of LDR.
UST
TITLE: Underground Storage Tanks
Requirements and Options
AVAILABILITY: Hotline
EPA ORDER NO.: EPA510-F-97-005
This brochure describes EPA's underground
storage tank (UST) program in brief, discusses
options for maintaining tanks, and provides
sources for further information on the
requirements for USTs.
CERCLA
TITLE: Final Draft Guidance for Developing
Superfund Memoranda of Agreement (MOA)
Language Concerning State Voluntary Cleanup
Programs
AVAILABILITY: Hotline/Internet
EPA ORDER NO.: N/A
URL: http://www.epa.gov/swerosps/bf/
gdc.htm
This guidance provides a framework for the
Regions to use in negotiating Memoranda of
Agreements (MOAs) with state voluntary
cleanup programs. The guidance also
establishes baseline criteria by which EPA will
evaluate the adequacy of state voluntary
cleanup programs. For those sites included
within the scope of a MOA, EPA will
generally not exercise cost recovery authority,
nor will they anticipate taking CERCLA
removal or remedial actions at these sites.
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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 (starling 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
"New York; Final Authorization of
State Hazardous Waste Program
Revisions"
August 12, 1997 (62 FR 43111)
Final State Authorization.
"Emergency Extension of the Land
Disposal Restrictions Treatment
Standards for Listed Hazardous
Wastes from Carbamate Production"
August 28,1997 (62 F_B 45568)
EPA extended the alternative treatment
standards for carbamate wastes (61 FR 43924)
for one year to August 27, 1998. The
extension is the result of analytical problems
which remain unresolved. This extension is
effective August 21, 1997.
CAA
"List of Regulated Substances and
Thresholds for Accidental Release
Prevention; Final Rule"
August 25,1997 (62 FR 45130)
EPA took final action to modify and vacate
the listing and related threshold for
hydrochloric acid solutions with less than 37
percent concentrations of hydrogen chloride
for purposes of threshold determinations under
CAA § 112(r). The current listing and
threshold for all other regulated substances,
including hydrochloric acid solutions with 37
percent or greater concentrations, are
unaffected by this rulemaking.
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Federal Registers
August 1997
"Accidental Release Prevention
Requirements; Interpretations; Final
Rule"
August 25, 1997 (62 FR 45134)
EPA announced interpretations intended to
clarify the method for calculating thresholds
of regulated substances in solutions. EPA also
clarified that certain reports and studies
required by the accident prevention rules do
not need to be reported under §8(e) or §8(d) of
the Toxic Substances Control Act (TSCA).
The interpretations are intended to clarify
existing policy and help regulated entities
understand compliance obligations.
PROPOSED RULES
RCRA
"West Virginia: Approval of
Underground Storage Tank Program"
August 1,1997 (62 FR 41326)
EPA tentatively approved the State of West
Virginia's underground storage tank program.
EPA will hold a public hearing on
September 11, 1997, provided the regulated
community demonstrates sufficient interest.
Comments must be received on or before
September 2, 1997.
"Commonwealth of Puerto Rico;
Approval of State Underground
Storage Tank Program" •
August 6,1997 (62 FR 42222)
EPA tentatively approved the
Commonwealth of Puerto Rico's underground
storage tank program-. EPA will hold public
hearings September 8, 1997, and September 9,
1997. Written comments must be received on
or before September 12, 1997.
CERCLA
"National Priorities List; Agate Lake
Scrap Yard Superfund Site"
August 1, 1997 (62 FR 41292)
Notice of Intent to Delete.
"National Priorities List; Spokane
Junkyard and Associated Properties
Site"
August 7,1997 (62 FR 42414)
Notice of Intent to Delete.
"National Priorities List; Northwest
Transformer South Harkness Street
Site"
August 15,1997 (62 FR 43684)
Notice of Intent to Delete.
"National Priorities List; Montrose
Chemical Corporation Site"
August 21,1997 (62 FR 44430)
EPA is proposing to add to the Montrose
Chemical Corporation National Priorities
Listing certain DDT- and PCB-contaminated
sediments found on the sea floor off the coast
of the Palos Verdes Peninsula in southern
California. EPA is soliciting comment on this
proposal on or before October 20, 1997.
"National Priorities List; Saegertown
Industrial Area Site"
August 22,1997 (62 FR 44619)
Notice of Intent to Delete Portion of Site.
12
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August 1997
Federal Registers
NOTICES
All Programs
"Common Sense Initiative Council
Sector Subcommittee Meetings"
August 26, 1997 (62 FR 45250)
EPA announced the dates and times for
upcoming meetings of the Printing, Computers
and Electronics, Metal Finishing, and Iron and
Steel Sector Subcommittees of the Common
Sense Initiative Council.
RCRA
"Extension of Comment Period for
Waste Minimization Software and
Documents"
August 7,1997 (62 FR 42553)
EPA extended for 60 days the comment
period on draft waste minimization software
and documents to allow commenters time to
review additional background material
provided in response to earlier comments. EPA
published the original notice of availability
June 23, 1997 (62 FR 33868). EPA will
accept comments received on or before
October?, 1997.
"Land Disposal Restrictions; No
Migration Variance, Modification,
Chemical Waste Management, Inc.,
Oakbrook, IL"
August 12,1997 (62 FR 43109)
No Migration Variance - Modification.
"Iowa Final Full Program Determination
of Adequacy of State Municipal Solid
Waste Landfill Permit Program"
August 19, 1997 (62 FR 44127)
EPA approved Iowa's municipal solid waste
landfill permit program effective October 20,
1997, unless adverse comments require other
action. Comments must be received on or
before September 18, 1997.
"Determination of Waste Isolation Pilot
Plant's (WIPP) Compliance with
Applicable Federal Environmental
Laws for the Period October 1992-
1994"
August 20,1997 (62 FR 44276)
EPA determined that the Department of
Energy WIPP was in compliance with
pertinent federal regulations designated in the
1992 Land Withdrawal Act, excepting
§9(a)(l)(G); EPA cannot determine
compliance on this part due to DOE's failure to
provide certain documentation.
"Determination of Waste Isolation Pilot
Plant's (WIPP) Compliance with
Applicable Federal Environmental
Laws for the Period October 1994-
1996"
August 20,1997 (62 FR 44276)
EPA determined that the Department of
Energy WIPP was in compliance with
pertinent federal regulations designated in
§9(a)(l) of the 1992 Land Withdrawal Act.
This statute requires the Administrator of the
EPA to determine compliance on a biennial
basis, and to report findings to the Department
of Energy.
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Federal Registers
August 1997
NOTICES
"Underground Injection Control
Program Hazardous Waste Injection
Restrictions; Petition for Exemption-
Class I Hazardous Waste Injection;
Monsanto Chemical Company"
August 22, 1997 (62 FR 44686)
No Migration Variance Reissue.
"Proposed Agency Information
Collection; Exports from and Imports
to the United States Under the OECD
Decision RCRA ICR No. 1647.01"
August 26,1997 (62 FR 45248)
EPA solicited comments on the proposed
information collection, "Exports from and
Imports to the United States Under the OECD
Decision," EPA ICR Number 1647.01, OMB
Control Number 2050-0143. EPA intends to
evaluate the necessity, quality, and utility of
the proposed information collection. EPA will
accept comments which they receive on or
before October 27, 1997.
"Comment Request, Underground
Storage Tank Technical and Financial
Requirements and State Program
Approval Procedures"
August 27, 1997 (62 FR 45410)
EPA announced its intent to submit the
following Information Collection Request
(ICR) to the Office of Management and
Budget (OMB) for approval: "Underground
Storage Tanks: Technical and Financial
Requirements, and State Program Approval
Procedures," OMB Control Number 2050-
0068, EPA ICR Number 1360.05. This is a
request for an extension of a currently
approved information collection.
ATSDR
"Interim Policy Guideline and Technical
Support Document on Dioxin and
Dioxin-like Compounds"
August 7, 1997 (62 FR 42558)
ATSDR announced the availability of two
documents to assess the public health
implications of dioxin and dioxin-like
compounds in residential soils on or near
hazardous waste sites. These documents are
entitled "Interim Policy Guideline: Dioxin and
Dioxin-like Compounds in Soil" and
"Technical Support Document for ATSDR
Interim Policy Guideline: Dioxin and Dioxin-
like Compounds in Soil."
"Agency for Toxic Substances and
Disease Registry (ATSDR); Expert
Panel Workshop"
August 15,1997 (62 £B 43736)
ATSDR announced an expert panel workshop
entitled "Expert Panel Workshop on the
Feasibility of Measuring Stress Related to
Exposure to Hazardous Waste." ATSDR
published the agenda and location of the
workshop.
CERCLA
"Notice of Review of Agency
Information Collection Activities"
August 4,1997 (62 FR 41962)
EPA announced that it is planning to submit
the following ICRs to OMB for review and
approval: "Application for Preauthorization of
a CERCLA Response Action" and "Claim for
CERCLA Response Action." Before
submitting the ICR to OMB for review and
14
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August 1997
Federal Registers
NOTICES
approval. EPA is soliciting comments on the
proposed ICRs.
"Notice of Review of Agency
Information Collection Activities"
August 13, 1997 (62 FR 43326)
EPA announced that the following ICR has
been forwarded to OMB for review and
approval: Continuous Release Reporting
Regulation (CRRR). The ICR addresses the
nature of the information collected as well as
expected reporting burden and cost.
"Notice of Availability; Reports to
Congress on Progress Toward
Implementing Superfund Fiscal Years
1992,1993, and 1994"
August 19,1997 (62 FR 44128)
EPA announced the availability of the
Reports to Congress entitled Progress Toward
Implementing Superfund: Fiscal Year 1992.
1993. and 1994. The Reports to Congress
contain information on overall progress, an
evaluation of newly developed technologies,
and an estimate of resources needed by the
Federal Government to complete CERCLA's
implementation.
EPCRA
"Regional Training Courses on EPCRA
§313 Reporting Requirements"
August 29,1997 (62 FR 45810)
EPA announced a series of two-day training
courses on the EPCRA §313 reporting
requirements. The training courses are
intended primarily to introduce the reporting
requirements to the recently added industry
groups that will IDC subject to reporting
requirements beginning on January 1, 1998.
Settlements and Consent Decrees
"Consent Decree; United States v. GSF
Energy"
August 4, 1997 (62 FIR 41975)
"Proposed Prospective Purchaser
Agreement; Cannons Engineering
Corporation Bridgewater Superfund Site"
August 6, 1997 (62 FFj 42251)
"Proposed Prospective Purchaser
Agreement; Rock Island Plating Works
Site"
August 6, 1997 (62 F_R 42252)
"Proposed Prospective Purchaser
Agreement; Welsbach/General Gas
Mantle Contamination Site"
August 7, 1997 (62 FFj 42551)
"Proposed Prospective Purchaser
Agreement; Raymark Superfund Site"
August 7, 1997 (62 FFj 42552)
"Consent Decree; United States v.
Protection Technica Ecologica, Inc., et
al."
August 7, 1997 (62 FR 42593)
"De Minimis Settlement; Peerless
Industrial Paint Coatings Site"
August 8, 1996 (62 FR 42791)
"Consent Decree; United States v. Alcan
Aluminum, et al."
August 11, 1997 (62 FR 43013)
"Consent Decree; United States v. Dixie-
Narco, et al."
August 11, 1997 (62 FR 43014)
I 5
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Federal Registers
August 1997
NOTICES
"Consent Decree; United States v. ALCOA
etal,"
August 14, 1997 (62 EB 43550)
"Consent Decree; United States v. The
North American Group Ltd., et al."
August 14, 1997 (62 FR 43550)
"Proposed Covenant Not to Sue; Hastings
Ground Water Contamination Superfund
Site"
August 15, 1997 (62 £R 43731)
"Proposed Administrative Order on
Consent; Reclaim Barrel Site"
August 15, 1997 (62 FR 43732)
"Consent Decree; United States v.
Cadwell County, et al."
August 18, 1997 (62 FR 44016)
"Consent Decree; United States v. Levine,
etal."
August 18, 1997 (62 FR 44017)
"Consent Decree; United States v. Mary
Ruth Smith, etal."
August 18, 1997 (62 FR 44017)
"Consent Decree; United States v.
Southeastern Pennsylvania
Transportation Authority, et al."
August 18, 1997 (62 FR 44018)
"Consent Decree; United States v.
Consolidation Coal Company, et al."
August 21, 1997 (62 FR 44488)
"Consent Decree; United States v.
UNOCAL"
August 15, 1997 (62 FR 44488)
"Consent Decree; United States v.
Consolidated Rail Co., et al."
August 26, 1997 (62 FR 45270)
"Proposed De Minimis Settlement; Peak
Oil Superfund Site"
August 28, 1997 (62 EB 45646)
"Proposed Administrative Settlement;
Tulalip Landfill Superfund Site"
August 29, 1997 (62 F_B 45811)
"Settlement Agreement; In Re Richard
Thomas"
August 29, 1997 (62 F_B 45877)
16
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CALL ANALYSES
This month, the Hotline responded to a total of 17,784 .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
3,249
397
163
4
77
189
129
14
57
4
8
4
537
137
195
299
5,463
No caller profile data available.
17
-------
Gail Analyses
August 1997
Emergency Planning and Community Right-to-Know Act/
Superfund Hotline
Manufacturers
Food/Tobacco 53
Textiles 12
Apparel 4
Lumber & Wood 10
Furniture 4
Paper 15
Printing & Publishing 4
Chemicals 80
Petroleum & Coal 33
Rubber and Plastics 23
Leather 1
Stone, Clay & Glass 7
Primary Metals^* 28
Fabricated Merals , 64
Machinery (Excluding Electrical) 8
Electrical & Electronic Equipment 0
Transportation Equipment 23
Instruments 3
Misc. Manufacturing 107
Subtotal 479
Consultants/Engineers 2,579
Attorneys 94
Citizens 105
Public Interest Groups 29
Educational Institutions 24
EPA 45
Federal Agencies 39
GOCOs 2
Congress 6
State Officials/SERC 33
Local Officials/LEPCs 1
Fire Departments 14
Hospitals/Laboratories 7
Trade Associations 6
Union/Labor , 1
Farmers 2
Distributors 9
Insurance Companies 2
Media/Press 8
Native Americans 0
International 1
Other 85
Referrals* 186
Transfers to RCRA/UST Hotline* 136
Document Retrieval Line* 0
Message Retrieval Line* 537
No caller profile data available.
TOTAL NUMBER OF CALLERS 4,430
18
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August 1997
Call Analyses
HOTLINE TOPICS
RCRA
RCRA GENERAL
SUBTITLE C
Hazardous Waste Id. - General
Characteristics
Listings
Mixture Rule
Derived-From
Contained-In Policy
Sampling
4891
627'
4851
4411
78
43
1831
30
Solid and Hazardous Waste Exclusions 2971
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
24
13
2931
379'
1811
121
82
29
2151
2261
161
31
24
23
3
234
3241
246
4171
2581
263
32
86
245
382
47
153
5
248
63
2
32
179
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 2,660 RCRA document requests.
UST
General/Misc.
Applicability/Definitions
Regulated Substances
Closure
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
Enforcement
State Programs
Private Sector
Indian Lands
LUST General/Miscellaneous
RBCA
Technologies
Solvency/Cost Controls
TOTAL QUESTIONS
* Includes 317 UST document requests.
202
198
25
17
141
7
18
368'
8
22
0
27
29
14
49
12
38
29
21
8,937*
61
1451
26
52
1911
93
137'
109
1181
27
351
64
44
68
48
0
1
18
1
3
5
1,246*
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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Cail Analyses
August 1397
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
1741
3
167
7
1
911
871
6
25
26'
137
1
49
56
33
33
0
21
93
52
114
381
4
23
43
Toxic Chemical Release Inventory (§313):
General
AFR
Reporting Requirements
Thresholds
Form R Completion
Supplier Notification
NOTEs/NOSEs/NONs
Voluntary Revisions
Pollution Prevention 33/50
Public Access to Data
TRI Database
Petitions
TRI Expansion
4511
3261
9531
4681
1,128'
18
6
76
5
54
66
9
98
Exemptions
Special Topics:
CAA§ 112 General
RMPs
List of Regulated Substances
Federal Facilities Executive Order
146'
2351
242
172
9
TOTAL QUESTIONS 5,746
*Includes 774 Emergency Planning and Community
Right-to-Know document requests
SUPERFUND
General/Misc. 146
Access & Information Gathering 29
Administrative Improvements
General 56
Environmental Justice/Brownfields 58
S ACM/Presumptive Remedies 12
Soil Screening Levels 43
Administrative Record 33
ARARs 38
CERCLIS 36'
Citizen Suits 0
Claims Against Fund 7
Clean-Up Costs 32
Clean-Up Standards 67
Community Involvement 22
Contract Lab Program (CLP) 22
Contractor Indemnification 1
Contracts 3
Definitions 741
Enforcement 94
Federal Facilities 8
Hazardous Substances 98'
HRS 21
Liability 50
Local Gov't Reimbursement 0
Natural Resource Damages 11
NCP 24
Notification 35
NPL 93'
Off Site Rule 7
OSHA 1
PA/SI 16
PRPs 28
RD/RA 16
Re authorization 1
1 Hot topics for this month
* Topics are calculated as the summation of all questions received by the Hotline. A single call may result in
multiple questions.
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August 1397 Call Analyses
Remedial 53
Removal 43
RI/FS 16
Risk Assess./Health Effects 60
ROD 39
RQ 1421
Settlements 23
SITE Program 4
State Participation 18
State Program 24
TAGs 0
Taxes 4
Special Topics
Oil Pollution Act 1141
SPCC Regulations 1601
Lead Contamination 3
TOTAL QUESTIONS 1,885*
*Includes 366 Superfund document requests.
TOTAL HOTLINE QUESTIONS
AND DOCUMENT REQUESTS: 17,784
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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