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 ------- 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 list named HOTLINEJDSWER. Subscribers will have Hotline announcements and Monthly Hotline Reports e-mailed to them as they are released, at no charge. • To subscribe to the Hotline electronic mailing list send an e-mail to: listserver@unixmail.rtpnc.epa.gov Subject: SUBSCRIBE TO LISTSERVERS Message: SUBSCRIBE HOTLINE_OSWER your first name your last name For example, SUBSCRIBE HOTLINE OSWER JOHN SMITH • To receive the Help file with useful commands for users send an e-mail to: Listserver@unixmail.rtpnc.epa.gov Subject: HELP Message: HELP National Technical Information Service (NTIS) The Monthly Hotline Report can be ordered through NTIS at (703) 487-4650. The NTIS order numbers are as follows: Yearly Subscription SUB-9224-97-000 January 1997 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. ------- 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)). ------- 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 ------- 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. ------- 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. ------- 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 ------- 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. ------- 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. ------- 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. ------- 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. ------- 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 ------- 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. ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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. ------- 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. ------- |