MONTHLY HOTLINE REI October 1997 RCRA, Superfund, and EPCRA EPA530-R-97-005J SUB-9224-97-010 ENVIRONMENTAL PROTECTION AQENCY LIBRARY BFfilflN Hotline Questions & Answers Resource Conservation and Recovery Act (RCRA) 1 Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 1 Clean Air Act (CAA Section 112(r)) 3 New Publications Resource Conservation and Recovery Act (RCRA) 5 Underground Storage Tanks (UST) 6 Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) ..' 6 Emergency Planning and Community Right-to-Know (EPCRA) 8 Federal Registers Final Rules 11 Proposed Rules 12 Notices 13 Call Analyses , Caller Profiles 19 Hotline Topics 21 RCRA, Superfund, and EPCRA National Toil-Free No.: 800-424-9346 Local: 703-412-9810 TDD National Toil-Free No.: 800-553-7672 This report is prepared and submitted in support of Contract No. 68-W6-0016. Judi Kane, Project Officer Sheretta Dixon, Alternate Project Officer U.S. Environmental Protection Agency Washington, DC 20460 Printed on Recycled Paper ------- 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- iri.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 HOTLINE_OSWER. Subscribers will have Hotline announcements and Monthly Hotline Reports e-mailed to them as they are released, at no charge. • To subscribe to the Hotline electronic mailing list send an e-mail to: listserver@unixmail.rtpnc.epa.gov Subject: SUBSCRIBE TO LISTSERVERS Message: SUBSCRIBE HOTLINE_OSWER your first name your last name For example, SUBSCRIBE HOTLINEJDSWER JOHN SMITH • To receive the Help file with useful commands for users send an e-mail to: Listserver @ unixmail .rtpnc .epa.gov Subject: HELP Message: HELP National Technical Information Service (NTIS) The Monthly Hotline Report can be ordered through NTIS at (703) 487-4650. The NTIS order numbers are as follows: Yearly Subscription SUB-9224-97-000 January 1997 SUB-9224-97-001 February 1997 March 1997 April 1997 May 1997 June 1997 July 1997 August 1997 September 1997 October 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-9224-97-008 SUB-9224-97-009 SUB-9224-97-010 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. Changing Financial Assurance Mechanisms During Post-Closure A permitted treatment, storage, and disposal facility (TSDF) uses the financial test to satisfy the 30-year maintenance and monitoring post-closure period financial assurance requirements (40 CFR §264.145(f)). If the owner or operator no longer passes the financial test, he must establish an alternative financial assurance mechanism to fund the remainder of post- closure care. One option is to use a trust fund. If the facility chooses to utilize a trust fund for the remainder of the post-closure period, what would be the pay-in period? The facility does not have a pay-in period. The owner or operator must establish a fully funded trust fund that can immediately cover all remaining costs of post-closure care. If an owner or operator initially chooses the trust fund as the financial assurance mechanism, the owner or operator would contribute annually to the trust fund over the term of the initial RCRA permit, or over the remaining operating life of the facility, whichever period is shorter, as specified in the closure plan (§264.145(a)(3)). If the owner or operator switched from the financial test or any other mechanism to the trust fund during the operating life of the facility, the first payment into the trust fund would have to equal the amount the fund would have contained if the trust fund were used initially (§264.145(a)(5)). In both cases, by the time the facility began the post-closure period, the fund would contain enough money to cover the full cost of post-closure care. In contrast, phasing payments into a trust fund during a post- closure pay-in period would not meet the requirement that the facility provide full funding for post-closure at the time of post- closure activity. A TSDF switching to a trust fund during post-closure must ensure that the first payment into the fund is the full amount to cover post- closure care, since the facility would need to draw from that fund immediately in the event that it must cover the costs of monitoring and maintenance. The facility in the example has to either switch to a fully funded trust fund, or establish some other financial assurance mechanism. This guidance also applies to interim status facilities. CERCLA 2. RCRA Storage Requirements as an ARAR at Superfund Sites CERCLA §121(d)(2) specifies that hazardous substances remaining on-site during Superfund remedial actions must meet federal standards, requirements, criteria, and limitations, or more stringent state requirements that are determined to be legally applicable or relevant and appropriate (ARAR) at the site. This includes the hazardous waste management requirements under RCRA. Under RCRA, a person who ------- Hotline Questions & Answers October 1997 generates 1,000 kg or more of hazardous waste per month must comply with the large- quantity generator (LQG) requirements under 40 CFR §262.34, which include a 90-day time limit for the storage of hazardous waste. If an LQG exceeds this time limit, he is considered an operator of a treatment, storage, and disposal facility (TSDF) subject to facility standards in 40 CFR Parts 264 and 265 and the permit requirements of 40 CFR Part 270. If a person conducting a Superfund remedial action generates over 1,000 kg per month of RCRA hazardous waste during a Superfund site remediation and exceeds the 90-day storage time limit, must the generator meet the TSDF and permitting requirements as ARARs? Superfund on-site remedial actions must meet the substantive requirements of ARARs (CERCLA §121(d); 40 CFR §300.430(00) ^ (i)(A)). The LQG must comply with the substantive requirements of the RCRA general TSDF standards found in 40 CFR Parts 264 and 265, but not the permit requirements, considered administrative requirements, found in 40 CFR Part 270. Substantive requirements are those requirements that pertain directly to actions or conditions in the environment. While Superfund cleanups will comply with all the substantive requirements that permits enforce, such as storage and treatment standards, on-site activities are not required to obtain the actual permit papers, or to obtain the approval of state or local administrative bodies (CERCLA §121(e)). The Superfund program has its own set of administrative procedures which assure proper implementation of site cleanup. This policy avoids the application of additional or conflicting administrative requirements from other laws which could result in unnecessary delays. CAA 3. Mixtures and Flammable Regulated Substance Thresholds A stationary source has in a process a mixture containing 9,000 pounds of butane and 1,001 pounds of water. 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 one 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 (§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 one percent that do not meet the full NFPA 4 definition, and 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 ------- October 1997 Hotline Questions & Answers CFR §68.115(b)(2) such that mixtures containing regulated flammable substances must meet the proposed NFPA 4 criteria (not just the BP and FP criteria) in order to be considered toward thresholds (§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. 4. Interconnected Vessels and the Definition of Process According to the definition of "process" at 40 CFR §68.3, any group of vessels that are interconnected is considered to be a single process. If a stationary source has two interconnected vessels, one containing 6,000 pounds of butane and the other 6,000 pounds of propane, is this a covered process under 40 CFR Part 68? No. Although the two interconnected vessels are considered a single process, in order for that process to be subject to the risk management program regulations it must contain more than a threshold quantity of a regulated substance (40 CFR §68.10(a)). The threshold quantity for both butane and propane (and all other regulated flammable substances) is 10,000 pounds (§68.130). The amounts of different regulated substances present in a single process need not be aggregated to determine whether a threshold is exceeded. If, at any time, however, more than 10,000 pounds of either butane or propane is present in a process, that process would be covered by the regulations at 40 CFR Part 68. Although the process as described is not subject to Part 68, it is subject to Clean Air Act § 112(r)( 1), the general duty clause. However, if butane and propane were present as a mixture in the process, then the threshold quantity must be calculated differently. Because a mixture of propane and butane would meet the NFPA 4 flammability criteria, the entire weight of the mixture would need to be treated as the regulated substance, and therefore aggregated toward the threshold quantity. 5. OSHA Process Safety Management Standards and Personnel Training Under the risk management program regulations at 40 CFR Part 68, sources with Program 2 and Program 3 covered processes are required to develop prevention programs that include personnel training. Will compliance with the training requirements under OSHA's Process Safety Management standard (PSM) automatically satisfy the training requirements under 40 CFR §§68.54 and 68.71? Yes. The training requirements for Program 3 processes at 40 CFR §68.71 have been adopted verbatim from the OSHA PSM, with minor wording changes to address statutory differences (61 FR 31712; June 20, 1996). EPA anticipates that sources whose processes are already in compliance with OSHA PSM will not need to take any additional steps to comply with the Program 3 prevention program (61 FR 31673; June 20, 1996). The training requirements for Program 2 processes at 40 CFR §68.54 are a streamlined version of the OSHA PSM training requirements, the primary difference being that the OSHA documentation requirements have been omitted (61 FR 31711; June 20, 1996). Additionally, training conducted to comply with other federal or state rules or industry- specific standards or codes may be used to demonstrate compliance with .the Program 2 training requirements (40 CFR §68.54(c)). ------- ------- NEW PUBLICATIONS HOW TO ORDER NTIS Publications are available by calling (703) 487-4650, or writing NTIS, 5285 Port Royal Road, Springfield, VA 22161. Use the NTIS Order Number listed under the document. EPA Publications are available through the Hotline. Use the EPA Order Number listed under the document. RCRA, Superfund, and EPCRA National Toil-Free No.: (800) 424-9346 Local: (703)412-9810 TDD National Toll-Free No.: (800) 553-7672 EPA's fax-on-demand service distributes selected publications noted by a "fax-on-demand" number. To order these documents, from your fax machine dial (202) 651-2060 (for OSW documents), (202) 651-2061 (for CEPPO documents), and (202) 651-2062 (for OERR documents), and follow the instructions provided by the voice prompt, using the fax-on-demand number noted. Please call the Hotline for detailed instructions on using the fax-on-demand 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: Native American Network AVAILABILITY: Hotline EPA ORDER NO: EPA530-N-97-006 This issue features the White Mountain Apache tribe's efforts to close a former dump site and discusses two new EPA grant programs for Indian country. Other articles include the formation of the Tribal Association on Solid Waste and Emergency Response (TASWER), EPA's Solid Waste Circuit Rider program, new flexibility for small landfills, and expansion of the WasteWi$e program to tribal governments. TITLE: Measuring Recycling: A Guide for State & Local Governments AVAILABILITY: Hotline EPA ORDER NO: EPA530-R-97-011 This guide is designed to help state and local agencies measure municipal solid waste (MSW) recycling. It contains instructions, definitions, case studies, tips, forms, and worksheets to help calculate an MSW rate. TITLE: WasteWi$e Update: Donation Programs AVAILABILITY: Hotline EPA ORDER NO: EPA530-N-97-006 This issue highlights various donation strategies implemented by WasteWi$e partners. The issue discusses successfully implemented programs, gives donation program ideas, and emphasizes the importance and practicality of donating excess products to local organizations and other interested parties. TITLE: Donation and Reuse Resource Listing AVAILABILITY: Hotline EPA ORDER NO: EPA530-N-97-005a This document provides information on ten programs that collect discarded textiles and offers ways to integrate textile recycling into ------- New Publications October 1997 existing textile infrastructure. The document also offers tips for initiating other textile recycling programs, such as partnerships with local charities and nonprofit organizations, and includes a listing of companies that accept non-industrial textiles. TITLE: Source Reduction Program Potential Manual: A Planning Tool AVAILABILITY: Hotline EPA ORDER NO: EPA530-R-97-002 This manual is designed to help local solid waste managers determine the potential impact of various source reduction options. The manual examines the portions of different wastestream categories that could be addressed by specific source reduction programs. TITLE: RCRA: Reducing Risk From Waste AVAILABILITY: Hotline EPA ORDER NO: EPA530-K-97-004 This publication gives a broad summary of the RCRA program and regulations, including the roles of EPA, states, tribes, the public, and the regulated community. A glossary of terms commonly associated with RCRA is provided, as well as examples and definitions of various types of hazardous wastestreams. TITLE: Full Cost Accounting for Municipal Solid Waste: A Handbook AVAILABILITY: Hotline EPA ORDER NO: EPA530-R-95-041 This handbook was developed to promote a better understanding of the costs associated with municipal solid waste services, and answer questions about full cost accounting (FCA). The handbook teaches how to assemble necessary data, calculate full cost information from available data, and report the results of your FCA to government officials and residents. Various case studies show how communities across the country have implemented FCA successfully. UST TITLE: Ordering Information on Underground Storage Tanks AVAILABILITY: Hotline EPA ORDER NO.: EPA510-F-97-010 This brochure describes documents pertaining to the UST program and their availability. Highlighted documents pertain to the 1998 deadline requirements, federal UST requirements, corrective action, and release detection. The brochure also provides ordering information for UST videos. TITLE: Session Highlights from the Sixth Annual State Fund Administrators Conference AVAILABILITY: Hotline EPA ORDER NO.: EPA510-B-97-008 This document is a collection of highlights from notes taken by individual attendees at the Sixth Annual State Fund Administrators Conference, held in Sacramento, California, on June 16-18, 1997. Included in the document are questions and answers on various environmental topics. Session topics'include state fund issues, remediation, contamination, corrective action, and natural attenuation. CERCLA TITLE: Superfund Innovative Technology Evaluation (SITE) Technology Profiles - Ninth Edition AVAILABILITY: ORD/Internet EPA ORDER NO.: EPA540-R-97-502 URL: http://www.epa.gov/ORD/SITE/ This report summarizes the development and implementation of technologies involved in the SITE program. The SITE program assesses ------- October 1997 New Publications innovative remediation, characterization, and monitoring technologies for uncontrolled hazardous waste sites. TITLE: Superfund Today: Focus on Risk Assessment AVAILABILITY: NCEPI/Internet EPA ORDER NO.: EPA540-K-96-003 URL: http://www.epa.gov/superfund/oerr/ comtools/index.htm This issue of Superfund Today profiles the human health risk assessment process under CERCLA and presents a case study. The document also discusses common cleanup approaches that reduce risks. TITLE: Rules of Thumb for Superfund Remedy Selection AVAILABILITY: NTIS/Internet NTIS ORDER NO.: PB97-963 301 URL: http://www.epa.gov/superfund/oerr/ tec hres/rulesthm/abstract. htm This guidance document describes basic principles and expectations that should be considered during the Superfund remedy selection process. It also consolidates and summarizes key elements from various remedy selection guidance documents and policies. TITLE: State Participation in Federal-Lead Removal Actions AVAILABILITY: NTIS NTIS ORDER NO.: PB96-963 414 This fact sheet includes methods for on-scene coordinators, remedial project managers, and other Superfund personnel to encourage state participation in federal-lead Superfund removal actions. TITLE: Health Effects Assessment Summary Tables FY 1997 Update AVAILABILITY: NTIS NTIS ORDER NO.: PB97-921 199 The Health Effects Assessment Summary Tables (HEAST) is a comprehensive listing of provisional risk assessment information relative to the oral and inhalation exposure pathways for chemicals of interest to Superfund, RCRA, and other EPA programs. TITLE: Issuance of the Interim Policy on Settlement of CERCLA §106(b)(l) Penalty Claims and §107(c)(3) Punitive Damages Claims for Noncompliance with Administrative Orders AVAILABILITY: NTIS NTIS ORDER NO.: PB97-208 086 This policy addresses settlement of CERCLA §106(b)(l) civil penalties and §107(c)(3) punitive damages claims for noncompliance with administrative orders. The intent of the policy is to make calculations of CERCLA civil penalties and punitive damages for purposes of settlement a fair and effective process for deterring noncompliance. TITLE: CERCLA Coordination with Natural Resource Trustees AVAILABILITY: NTIS NTIS ORDER NO.: PB97-963 248 This memorandum provides direction for ensuring that the CERCLA requirements for coordination with natural resources trustees are met. It also clarifies the natural resources trustees activities that are eligible for CERCLA funds. . 7 ------- New Publications October 1997 TITLE: Clarification of the Role of Applicable or Relevant and Appropriate Requirements (ARARs) in Establishing Preliminary Remediation'Goals under CERCLA AVAILABILITY: NTIS NTIS ORDER NO.: PB97-963 246 This memorandum clarifies the relationship between the two key remedy selection mandates of CERCLA. The document describes instances in which EPA may establish preliminary remediation goals (PRGs) at levels more protective than required by ARARs. TITLE: Establishment of Cleanup Levels for CERCLA Sites with Radioactive Contamination AVAILABILITY: NTIS NTIS ORDER NO.: PB97-963 210 This memorandum presents guidance for establishing protective cleanup levels for radioactive contamination at CERCLA sites. Policies outlined in this memo cover all radioactive contaminants, including radon, that are of concern at a particular site. This directive is limited to providing guidance on the protection of human health and does not address levels necessary to protect ecological receptors. EPCRA TITLE: 1997 Annual Letter from CEPPO to SERCs AVAILABILITY: Hotline/Internet EPA ORDER NO.: N/A URL: http://www.epa.gov/ceppo/pubs/serc- 97.html This letter summarizes CEPPO's efforts to implement CAA §112(r) and EPCRA in the past year. It also describes other CEPPO activities, such as counterterrorism, LEPC surveys, and distribution of CAMEO to SERCs and LEPCs. TITLE: Letter from Labor Secretary Herman and EPA Administrator Browner to Congress re: EPA/OSHA Joint Accident Investigation Program (September 5, 1997) AVAILABILITY: Hotline/Internet EPA ORDER NO.: N/A URL: http://www.epa.gov/swercepp/pubs.html A letter to Congress describing the coordination between EPA and OSHA to investigate the root causes of chemical accidents, improve chemical safety, and prevent future accidents. TITLE: Nationwide Survey of LEPC Data Management Practices AVAILABILITY: Hotline EPA ORDER NO.: EPA550-R-97-001 This survey, conducted by the George Washington University, investigates the use of computers by LEPCs to manage data reported under EPCRA. The survey also collected information on LEPCs' use of CAMEO and hazardous chemical inventory data in emergency planning activities. TITLE: Nationwide Survey of LEPC Data Management Practices: Summary AVAILABILITY: Hotline EPA ORDER NO.: N/A This fact sheet summarizes the nationwide survey of LEPC data management practices report, including the survey methodology and results. ------- October 1997 New Publications TITLE: Chemical Safety Alert: Shaft Blow- Out Hazard of Check and Butterfly Valves AVAILABILITY: Hotline/Internet EPA ORDER NO.: EPA550-F-97-002f URL: http://www.epa.gov/swercepp/acc- his.html EPA has published this alert to increase awareness among facilities, SERCs, LEPCs, and emergency responders of the possible hazards of catastrophic failure of certain types of check and butterfly valves. The alert provides a bibliography of potentially applicable statutes, regulations, codes, and standards. TITLE: Chemical Safety Alert: Explosion Hazard From Ammonium Nitrate AVAILABILITY: Hotline EPA ORDER NO.: EPA550-F-97-002d EPA has published this alert to increase awareness among facilities of the possible explosive hazards of ammonium nitrate among facilities, SERCs, LEPCs, and emergency responders. The alert provides a bibliography of potentially applicable statutes, regulations, codes, and standards. TITLE: EPA/OSHA Joint Chemical Accident Investigation Report: Napp Technologies, Inc., Lodi, New Jersey AVAILABILITY: Hotline/Internet EPA ORDER NO.: EPA550-R-97-002 URL: http://www.epa.gov/swercepp/acc- his.html EPA and OSHA present the results of their joint investigation of the explosion and fire at the Napp Technologies Plant in Lodi, New Jersey. The report includes significant facts and causes of the accident, analysis, recommendations, and outcomes of the settlement between OSHA and Napp Technologies. TITLE: Section 313 Emergency Planning and Community Right-to-Know Act Guidance for Chemical Distribution Facilities, Version 1.0 AVAILABILITY: Hotline/Internet EPA ORDER NO.: N/A URL: http://www.epa.gov/opptintr/tri/ industry.htm EPA has developed this guidance manual to assist chemical distribution facilities in understanding the requirements of EPCRA §313. The manual provides an overview of §313, instructs facilities in making threshold determinations, details estimation of releases from chemical distribution facilities, and provides a bibliography of references. TITLE: Section 313 Emergency Planning and Community Right-to-Know Act Guidance for Coal Mining Facilities, Version 1.0 AVAILABILITY: Hotline/Internet EPA ORDER NO.: N/A URL: http://www.epa.gov/opptintr/tri/ industry.htm EPA has developed this guidance manual to assist facilities that mine coal in understanding the requirements of EPCRA §313. The manual provides an overview of §313, instructs facilities in making threshold determinations, details estimation of releases from coal mining facilities, and provides a bibliography of references. TITLE: Section 313 Emergency Planning and Community Right-to-Know Act Guidance for Metal Mining Facilities, Version 1.0 AVAILABILITY: Hotline/Internet EPA ORDER NO.: N/A URL: http://www.epa.gov/opptintr/tri/ industry.htm EPA has developed this guidance manual to assist metal mining facilities in understanding the requirements of EPCRA §313. The manual ------- New Publications OctobeM997 provides an overview of §313, instructs facilities in making threshold determinations, details estimation of releases from metal mining facilities, and provides a bibliography of references. TITLE: Section 313 Emergency Planning and Community Right-to-Know Act Guidance for Petroleum Bulk Storage Facilities, Version 1.0 AVAILABILITY: Hotline/Internet EPA ORDER NO.: N/A URL: http://www.epa.gov/opptintr/tri/ industry.htm EPA has developed this guidance manual to assist petroleum bulk storage facilities in understanding the requirements of EPCRA §313. The manual provides an overview of §313, instructs facilities in making threshold determinations, details estimation of releases from petroleum storage, and provides a bibliography of references. TITLE: Section 313 Emergency Planning and Community Right-to-Know Act Guidance for Electricity Generating Facilities, Version 1.0 AVAILABILITY: Hotline/Internet EPA ORDER NO.: N/A URL: http://www.epa.gov/opptintr/tri/ industry.htm EPA has developed this guidance manual to assist facilities that generate electricity in understanding the requirements of EPCRA §313. The manual provides an overview of §313, instructs facilities in making threshold determinations, details estimation of releases from electricity generating facilities, discusses how various activities at these facilities must be reported, and provides a bibliography of references. TITLE: Section 313 Emergency Planning and Community Right-to-Know Act Guidance for RCRA Subtitle C TSD and Solvent Recovery' Facilities, Version 1.0 AVAILABILITY: Hotline/Internet EPA ORDER NO.: N/A URL: http://www.epa.gov/opptintr/tri/ industry.htm EPA has developed this guidance manual to assist RCRA Subtitle C treatment, storage, and disposal (TSD) facilities and solvent recovery facilities in understanding the requirements of EPCRA §313. the manual provides an overview of §313, instructs facilities in making threshold determinations, details estimation of releases from Subtitle C TSD and solvent recovery facilities, and provides a bibliography of references. 10 ------- FEDERAL REGISTERS You may order copies of all major RCRA, Superfund, and EPCRA Federal Registers by calling the Hotline. RCRA, Superfund, and EPCRA National Toil-Free No.: (800) 424-9346 Local: (703)412-9810 TDD National Toil-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://WTWw.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 "Revisions to Criteria for Municipal Solid Waste Landfills" October 2,1997 (62 FR 51606) EPA confirmed the effective date of a final rule, published July 29, 1997 (62 FR 40708), which allows states to establish more flexible final cover and methane monitoring requirements for municipal solid waste landfills. Congress granted EPA the authority to allow this flexibility in the Land Disposal Program Flexibility Act of 1996. The effective date remains October 27, 1997. "Project XL Site-Specific Rulemaking for Merck & Co., Inc., Stonewall Plant" October 8,1997 (62 FR 52622) EPA provided site-specific relief from certain Clean Air Act and RCRA requirements to Merck & Co.'s Stonewall Plant in Elkton, Virginia. EPA exempted Merck & Co., Inc., from RCRA air emission standards in 40 CFR Parts 264 and 265, Subparts AA, BB, and CC. This rule became effective October 8, 1997. "Presidential Determination on Classified Information Concerning the Air Force's Operating Location Near Groom Lake, Nevada" October 8,1997 (62 FR 52647) The President exempted the Air Force's operating location near Groom Lake, Nevada, from any solid waste abatement regulation which would require the disclosure of classified information. 11 ------- Federal Registers October 1997 "New Hampshire Hazardous Waste Management Program, Corrections" October 10,1997 (62 FR 52951) State program, corrections. "Identification and Listing of Hazardous Waste; Final Exclusion" October 24,1997 (62 FR 55344) EPA granted, under §§260.20 and 260.22, a delisting for F019 sludge generated at GM's Orion Assembly Center in Lake Orion, Michigan. This delisting was proposed April 18, 1997 (62 FR 19087). The effective date of the delisting is October 24, 1997. CERCLA "Notice of Partial Deletion; Saegertown Industrial Area Site" October 6,1997 (62 FR 52032) Notice of partial deletion. "Notice of Deletion; Frit Industries Superfund Site" October 14,1997 (62 FR 53246) Notice of deletion. "Notice of Deletion; LaGrand Sanitary Landfill Superfund Site" October 23,1997 (62 FR 55178) Notice of deletion. "Notice of Deletion; Bowers Landfill Superfund Site" October 29,1997 (62 FR 56105) Notice of deletion. "Notice of Deletion; Northern Engraving Corporation Superfund Site" October 29,1997 (62 FR 56106) Notice of deletion. PROPOSED RULES RCRA "Criteria for the Certification and Recertification of the Waste Isolation Pilot Plant's (WIPP) compliance with the 40 CFR Part 191 Disposal Regulations; Certification Decision Proposed Rule " October 30,1997 (62 F_R 58792) EPA proposed to certify that the Department of Energy (DOE) WIPP meets the disposal regulations set forth in 40 CFR Part 191. Section 8(d) of the Land Withdrawal Act of 1992 requires certification before EPA can allow the placement of radioactive waste in the WIPP. EPA must receive comments on or before February 27, 1998. CERCLA "Notice of Intent to Delete; Monsanto Superfund Site" October 6,1997 (62 FR 52072) Notice of intent to delete. "Notice of Intent for Partial Deletion; Prewitt Abandoned Refinery Superfund Site" October 9,1997 (62 FB 52674) Notice of intent for partial deletion. 12 ------- October 1997 Federal Registers "Notice of Intent to Delete; Cleve Reber Super-fund Site" October 6,1997 (62 FR 52072) Notice of intent to delete. "Notice of Intent to Delete; North Hollywood Dump Superfund Site" October 10,1997 (62 FR 52961) Notice of intent to delete. NOTICES All Programs "Review and Evaluation of EPA Standards Regarding Children's Health Protection from Environmental Risks" October 3,1997 (62 FR 51854) EPA announced that it is seeking recommendations for review of human health protection standards, particularly as they relate to children's health. EPA must receive written comments on or before December 2; 1997. "Common Sense Initiative Council (CSIC)" October 17,1997 (62 FR 54107) EPA announced the times and dates of the CSIC Meeting, and the CSIC Petroleum Refining and Printing Sector Subcommittee Meetings. "Public Meetings Regarding Environmental Information" October 23,1997 (62 FR 55248) EPA announced the dates and cities of 19 public meetings regarding the public's use of environmental information. "Statement of Regulatory Priorities; Regulatory Plan" October 29,1997 (62 FR. 57141) EPA published its regulatory plan, which contains a description of the most significant regulatory actions the Agency expects to issue in the current fiscal year or thereafter. The plan contains a statement of regulatory priorities and separate entries for each included action. "Semiannual Regulatory Agenda" October 29,1997 (62 FR 58080) EPA published its regulatory agenda, a semiannual summary of current and planned rulemakings and. Agency actions completed since the previous publication of the agenda. RCRA "Performance Based Measurement System" October 6,1997 (62 FR 52098) EPA announced its intent to implement a Performance Based Measurement System (PBMS) on a program-specific basis. PBMS will specify the criteria by which the regulated community can select analytical test methods to meet the requirements of a particular regulatory program, as opposed to specifying the analytical test method itself. The RCRA docket must receive comments on or before November 5, 1997. "Project XL Final Project Agreement" October 7,1997 (62 FR 52334) EPA announced a Final Project Agreement (FPA) between EPA, the New Hampshire Department of Environmental Services, the New York Department of Environmental 13 ------- Federal Registers October 1997 NOTICES Conservation, and the HADCO Corporation. The FPA seeks to determine the environmental and economic costs and benefits of relaxing RCRA regulatory control of wastewater treatment sludge (F006) from HADCO Corporation's facilities in New York and New Hampshire. "Submission for OMB Review; Standards for Performance for Air Emission Standards for Tanks, Surface Impoundments and Containers" October 21,1997 (62 FR 54630) EPA submitted the following information collection request (ICR) for Office of Management and Budget (OMB) review and extension: Standards for Performance for Air Emission Standards for Tanks, Surface Impoundments and Containers, 40 CFR Part 264, Subpart CC and 40 CFR Part 265 Subpart CC; OMB Control Number 2060-0318; EPA ICR Number 1593.03. Comments must be submitted on or before November 20, 1997. "Notice of Intent to Prepare a Hanford Site Solid (Radioactive and Hazardous) Waste Program; Environmental Impact Statement, Richland, Washington" October 27,1997 (62 FR 55615) DOE announced its intent to prepare an environmental impact statement (EIS) for the Hanford Site Solid Waste program. This program manages low-level, mixed low-level, transuranic and mixed transuranic radioactive wastes, as well as hazardous wastes, and contaminated equipment. "Regulatory Reinvention (XL) Pilot Projects" October 27,1997 (62 FR 55637) EPA announced a Project XL FPA between West Virginia Department of Environmental Protection, and OSi Specialties, Sisterville, West Virginia. OSi intends to adopt pollution abatement strategies which will produce environmental benefits greater than the currently applicable regulations; EPA will, in exchange, propose to exclude OSi from Parts 264 and 265, Subpart CC, air emission standards, as well as other requirements. "Proposed Collection; Comment Request Entitled Environmentally Sound Products" October 28,1997 (62 FR 55788) The Department of Defense (DoD), GSA, and NASA announced their intent to submit to OMB for review and extension a currently approved ICR concerning environmentally sound products; OMB Control Number 9000- 0134. Comments must be submitted on or before December 29, 1997. This information collection request complies with RCRA §6002 affirmative procurement program requirements. "Joint EPA/State Agreement To Pursue Regulatory Innovation; Draft" October 29,1997 (62 FR 56182) EPA announced and solicited comment on a draft "Joint EPA/State Agreement to Pursue Regulatory Innovation." The Agreement, prepared by EPA and the Environmental Council of the States (ECOS), aims to improve the efficiency and effectiveness of environmental regulation. EPA provides an 14 ------- October 1997 Federal Registers NOTICES example of a tiered permit system for hazardous waste recycling facilities which are currently exempt from permitting requirements in Part 270. EPA must receive comments on or before November 28, 1997. CERCLA "Council on Environmental Quality; Notice of Meeting Postponement" October 2,1997 (62 FR 51660) The Council on Environmental Quality is postponing a public meeting to discuss the development of a memorandum of understanding on coordinating environmental response and natural resource restoration, initially scheduled for October 3, 1997. The meeting is rescheduled for December 2, 1997. "Announcement of Proposal Deadline for the Competition for the 1998 National Brownfields Assessment Demonstration Grants" October 9,1997 (62 FR 52720) EPA announced that it will begin to accept proposals for the National Brownfields Assessment Pilots on October 9, 1997. The Brownfield pilots are designed to test cleanup methods and facilitate coordinated cleanup and redevelopment efforts on the state aind local levels. EPA expects to select approximately 100 additional pilots by May 1998, with each receiving funds up to $200,000 over two years. The deadlines for the 1998 assessment pilots are December 15, 1997, and March 23, 1998. EPCRA "Forum on State and Tribal Toxics Action (FOSTTA) Projects; Open Meetings" October 3,1997 (62 FR 51857) EPA announced that FOSTTA will hold public meetings on October 20 and 21, 1997. FOSTTA is made up of a coordinating committee, and four issue-specific projects, including a Toxics Release Inventory Project. "Notice of Public Meetings on the Toxic Release Inventory Reporting Form" October 22,1997 (62 F_B 54847) EPA announced that it plans to hold nine public meetings over the next year to solicit comments on the Toxic Release Inventory (TRI) reporting Form R. Dates for the first three meetings are contained in the notice. "Notice of Moving of Emergency Planning and Community-Right-to- Know Act Reporting Center" October 29,1997 (62 FR 56164) EPA announced that the EPCRA Reporting Center will move to a new location on November 3, 1997. This move will only affect those individuals submitting Toxic Release Inventory reporting forms by courier or other direct delivery service. The new address is contained in the notice. 15 ------- Federal Registers October 1997 NOTICES ATSDR "Availability of Draft Toxicological Profiles" October 28,1997 (62 F_B 55816) As required under CERCLA, the Agency for Toxic Substances and Disease Registry (ATSDR) announced the availability of ten updated draft toxicological profiles for hazardous substances and three new drafts for review and comment. "Availability of Draft Toxicological Profiles" October 28,, 1997 (62 FB 55818) As required under CERCLA, ATSDR announced the availability of five updated draft toxicological profiles for hazardous substances and three new drafts for review and comment. PPA "Notice of Availability of Pollution Prevention Grants and Announcement of FinancialAssistance Programs Eligible for Review" October 1,1997 (62 FR 51465) EPA announced that it expects to have approximately $5 million available in fiscal year 1998 for grants and cooperative agreements under the Prevention Incentives for States (PPIS) grant program. The funds are targeted at state and tribal programs that address the reduction or prevention of pollution. .:-._-._- - _- _.. OPA "Oil Pollution Prevention; Non- Transportation Related Onshore Facilities; Denial of Petition" October 20,1997 (63 FR 54508) EPA announced the denial of a petition requesting the modification of the facility response plan (FRP) rule to exclude certain facilities that handle, store, or transport animal fats and vegetable oils. EPA believes that the petition did not substantiate any need to differentiate between these types of oils and petroleum based oil under the FRP rule. Settlements and Consent Decrees "Consent Decree; United States v. Marine Shale Processors, Inc." October 1, 1997 (62 FR 51489) "Consent Decree; United States v. Vogel Paint and Wax Co." October 1, 1997 (62 FR 51490) "Proposed Settlement; Brockton Gas Works Superfund Site, Brockton, Massachusetts" October 2, 1997 (62 £R 51659) "Proposed Settlement; Spruce Street Site, Anchorage, AK" October 3, 1997 (62 FR 51857) "Consent Decree; United States v. Blue Ridge Electric Membership Corp. et al." October 6>.1997 (62EB5Z150) "Consent Decree; United States v. Ray O. Parker & Son, etal." October 6, 1997 (62 FB 52150) 16 ------- October 1997 Federal Registers NOTICES "Consent Decree; United States v. Seattle Disposal Company, et al." October 6, 1997 (62 FR 52151) "Consent Decree; United States v. Case Corporation, et al." October 8, 1997 (62 F_B 52574) "Proposed Settlement; McAdoo Associates Site-Blaine Street, Schuylkill County, Pennsylvania" October 14, 1997 (62 FR 53331) "Proposed Administrative Settlement; South Bay Superfund Site" October 15, 1997 (62 F_B 53627) "Consent Decree; United States and State of Indiana v. A.M. Choitz, etal." October 15, 1997 (62 FJR 53653) "Consent Decree; United States v. H. Brown Co., etal." October 15, 1997 (62 FR 53654) "Consent Decree; United States v. MacGillis & Gibbs Co. and Soo Line Railroad Co." October 15, 1997 (62 FR 53654) "Consent Decree; United States v. Case Corporation, et al." October 15, 1997 (62 F_B 52574) "Consent Decree; United States v. John Reardon and Paul Reardon" October 15, 1997 (62 F_B 52575) "Consent Decree; United States v. RohmTech? Inc." October 15, 1997 (62 £B 52575) "Consent Decree; United States v. Taylor, etal." October 15, 1997 (62 FR 52576) "Consent Decree; United States v. Washington Central Railroad Company, Inc., etal." October 15, 1997 (62 FJR 52576) "Consent Decree; United States v. Cleveland Industrial Center, et al." October 16, 1997 (62 FR 53802) "Proposed Perspective Purchaser Agreement; Kane and Lombard Superfund Site" October 17,1997 (62 FB 54108) "Consent Decree; United States v. Trustees of Boston University " October 21, 1997 (62 FR 54652) "Notice of Settlement; Text Tin Superfund Site, Texas City, Texas" October 21, 1997 (62 £R 54653) "Consent Decree; United States v. Four Winns, a division of Recreational Boat Group, LP." October 27, 1997 (62 FR 55658) "Proposed Settlement; Yakima Plating Company, Yakima, Washington" October 29, 1997 (62 FB 56190) "Proposed Administrative Order on Consent; Butterfield Canyon Site" October 30, 1997 (62 FR 58730) 17 ------- Federal Registers October 1997 NOTICES "Proposed Administrative Order on Consent; Herriman Residential Soils Removal Action Site" October 30, 19977 (62 FR 58730) "Consent Decree; United States v. Alaska Railroad Corporation, et al." October 30, 1997 (62 FR 58747) "Proposed Covenant Not to Sue; College of the Canyons Smelter Site" October 31, 1997 (62 FR 58970) 18 ------- CALL ANALYSES This month, the Hotline responded to a total of 16,964 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 3,102 497 167 17 87 169 90 17 71 3 2 0 471 66. 199 289 5,247 1 No caller profile data available. 19 ------- Call Analyses October 1997 Emergency Planning and Community Right-to-Know Act/ Superfund Hotline Manufacturers Food/Tobacco 15 Textiles 9 Apparel • 26 Lumber & Wood 5 Furniture 14 Paper 10 Printing & Publishing 24 Chemicals 46 Petroleum & Coal 27 Rubber and Plastics 7, Leather 6 Stone, Clay & Glass 2 Primary Metals 9 Fabricated Metals 14 Machinery (Excluding Electrical) 4 Electrical & Electronic Equipment 18 Transportation Equipment 32 Instruments 9 Misc. Manufacturing 81 Subtotal 358 Consultants/Engineers ' 1,924 Attorneys 351 Citizens 324 Public Interest Groups 46 Educational Institutions 57 EPA 63 Federal Agencies 31 GOCOs 0 Congress 2 State Officials/SERC 79 Local Officials/LEPCs 35 Fire Departments 31 Hospitals/Laboratories 31 Trade Associations 3 Union/Labor 2 Farmers 1 Distributors 31 Insurance Companies 9 Media/Press 17 Native Americans 0 International 1 Other 102 Referrals* 272 Transfers to RCRA/UST Hotline* 204 Document Retrieval Line* 0 Message Retrieval Line* 266 * No caller profile data available. TOTAL NUMBER OF CALLERS 3,882 20 ------- October 1997 Call Analyses HOTLINE TOPICS RCRA RCRA GENERAL SUBTITLE C Hazardous Waste Id. - General Characteristics Listings Mixture Rule Derived-From Contained-In Policy Sampling Solid and Hazardous Waste Exclusions 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 70S1 5951 4601 5101 96 62 1451 28 233 23 18 3911 5381 1871 140 101 23 2511 2471 142 25 26 31 7 181 178' 120 3511 1721 147 27 91 196 118 42 106 17 187 22 2 26 170 31 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 2,107 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 494 UST document requests. 89 131 19 17 155 11 9 4521 11 8 0 25 24 18 52 18 92 61 12 8,375* 194 1331 30 54 1911 126 1011 64 1111 29 26 51 62 13 29 6 5 18 5 1 3 1,252* 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 ------- Call Analyses October 1997 EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW General: General Title HI Questions Trade Secrets Enforcement Liability/Citizen Suits Training Chemical-Specific Information 3931 11 58 0 211 1141 Emergency Planning (§§301-303): General Notification Requirements SERC/LEPC Issues EHSsATPQs ' 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 1411 15 33 41 891 0 67 89 65 64 4 6 2741 82 164 421 6 2 29 Toxic Chemical Release Inventory (§313): General APR 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 2871 41 373 991 2451 14 1 65 23 74 62 4 154 Exemptions Special Topics: CAA §112 General RMPs List of Regulated Substances Federal Facilities Executive Order 561 331' 2691 201 0 TOTAL QUESTIONS 4,109 *Includes 897 Emergency Planning and Community Right-to-Know document requests SUPERFUND General/Misc. Access & Information Gathering Administrative Improvements General Environmental Justice/Brownfields S ACM/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 311 32 41 199' 15 34 11 81 107' 4 9 32 53 21 16 5 17 411 115 1 1741 12 136 4 21 24 112 2741 31 19 29 74 28 19 22 1 Hot topics for this month 1 Topics are calculated as the summation of all questions received by the Hotline. A single call may result in multiple questions. ------- October 1997 Call Analyses Remedial 81 Removal 29 RI/FS 25 Risk Assess./Health Effects 102 ROD 41 RQ 2311 Settlements 53 SITE Program 11 State Participation 12 State Program 34 TAGs 3 Taxes 2 Special Topics Oil Pollution Act 1401 SPCC Regulations 3481 Lead Contamination 4 TOTAL QUESTIONS 3,228" "•Includes 384 Superfund document requests. TOTAL HOTLINE QUESTIONS AND DOCUMENT REQUESTS: 16,964 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. 23 ------- |